Digital Commons Network^™

Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern

Faculty Scholarship

The right to sue and defend in the courts of the several states are essential privileges of citizenship. Eight generations ago, this right was unavailable to black people, because descendants of African slaves were never intended to be citizens. Then, and for years to come, local governments failed to protect African Americans from violence and discrimination and were sometimes complicit in those violations.

Qualified immunity was born in 1982 when the Supreme Court decided Harlow v. Fitzgerald. With an outflow of questionable court decisions shielding officers solely because they act under color of state law, it is time for the …

Caffeine Timing Improves Lower-Body Muscular Performance: A Randomized Trial, Patrick S. Harty, Hannah A. Zabriskie, Richard A. Stecker, Brad S. Currier, Grant M. Tinsley, Kazimierz Surowiec, Andrew R. Jagim, Scott R. Richmond, Chad Kerksick

Faculty Scholarship

To determine the optimal pre-exercise time interval to consume caffeine to improve lower-body muscular performance. A secondary aim was to identify the presence of any sex differences in responses to timed caffeine administration.

Diversity Patterns Associated With Varying Dispersal Capabilities As A Function Of Spatial And Local Environmental Variables In Small Wetlands In Forested Ecosystems, Brett M. Tornwall, Amber L. Pitt, Bryan L. Brown, Joanna Hawley-Howard, Robert F. Baldwin

Faculty Scholarship

© 2020 by the authors. Licensee MDPI, Basel, Switzerland. The diversity of species on a landscape is a function of the relative contribution of diversity at local sites and species turnover between sites. Diversity partitioning refers to the relative contributions of alpha (local) and beta (species turnover) diversity to gamma (regional/landscape) diversity and can be influenced by the relationship between dispersal capability as well as spatial and local environmental variables. Ecological theory predicts that variation in the distribution of organisms that are strong dispersers will be less influenced by spatial properties such as topography and connectivity of a region and …

Water Diplomacy And Shared Resources Along The United States-Mexico Border, Maria Elena Giner, Gabriel Eckstein

Faculty Scholarship

The United States and Mexico are geographic neighbors with high economic asymmetry, but also a shared history and intense social, cultural, economic, and security relations. Over 15 million people reside along the U.S.-Mexico border and share an environment that includes many watersheds and air basins transcending political boundaries. Pollution impacts on both sides of the border have required a coordinated response at the local, state, and federal level.

At the federal level, a joint institution was created in in 1889 as the International Boundary Commission and later renamed the International Boundary and Water Commission to provide binational solutions to issues …

The 2019 European Elections: Something Old, Something New, Something Borrowed, And Something Green, Mark N. Franklin, Luana Russo

Faculty Scholarship

© 2020 Società Italiana di Scienza Politica. In the aftermath of a European Parliament (EP) election, there are normally two prominent aspects that receive attention by scholars and experts: the turnout rate and whether the Second Order Election (SOE) model proposed by Reif and Schmitt (1980) still applies. That model is based on the idea that, because EP elections do not themselves provide enough stimulus as to replace the concernsnormally present at national elections, the outcomes of EP elections in any participating country manifest themselves as a sort of distorted mirror of national (Parliamentary) elections in that country. The mirror …

A One Health Framework To Estimate The Cost Of Antimicrobial Resistance, Chantal Morel, Richard Alm, Christine Årdal, Alessandra Bandera, Giacomo Bruno, Elena Carrara, Giorgio Colombo, Marlieke De Kraker, Sabiha Essack, Isabel Frost, Bruno Gonzalez-Zorn, Herman Goossens, Luca Guardabassi, Stephan Harbarth, Peter Jørgensen, Souha Kanj, Tomislav Kostyanev, Ramanan Laxminarayan, Finola Leonard, Gabriel Levy Hara, Marc Mendelson, Malgorzata Mikulska, Nico Mutters, Kevin Outterson, Jesus Rodriguez Baňo, Evelina Tacconelli, Luigia Scudeller

Faculty Scholarship

Objectives/purpose

The costs attributable to antimicrobial resistance (AMR) remain theoretical and largely unspecified. Current figures fail to capture the full health and economic burden caused by AMR across human, animal, and environmental health; historically many studies have considered only direct costs associated with human infection from a hospital perspective, primarily from high-income countries. The Global Antimicrobial Resistance Platform for ONE-Burden Estimates (GAP-ON€) network has developed a framework to help guide AMR costing exercises in any part of the world as a first step towards more comprehensive analyses for comparing AMR interventions at the local level as well as more harmonized …

Afghanistan's New Vat, Part 1: Invoice Matching Or A Unitary Digital Invoice, Richard Thompson Ainsworth, Musaad Alwohaibi, Andrew Leahey, Yujin Li, Haseena Rahman

Faculty Scholarship

In the summer of 1990 two groundbreaking articles on business process re-engineering (BPR) were published, one by Thomas H. Davenport (a professor in information technology at Babson College) in the MIT Sloan Management Review, the other by Michael Hammer (a professor of computer science at MIT) in the Harvard Business Review. BPR is a management strategy that analyzes IT-intensive workflow designs and business processes within an organization.

On December 21, 2020 (Jadi 1, 1399) Afghanistan was scheduled to implement a 10% VAT. It has been delayed one year by the pandemic. When it does implement, Afghanistan will have significant workflow …

Galaxy And Mass Assembly: A Comparison Between Galaxy⇓Galaxy Lens Searches In Kids/Gama, Shawn Knabel, Rebecca L. Steele, Benne W. Holwerda, Joanna S. Bridge, Alice Jacques, Andrew M. Hopkins, Stephen P. Bamford, Michael J.I. Brown, Sarah Brough, Lee Kelvin, Maciej Bilicki, John Kielkopf

Faculty Scholarship

Strong gravitational lenses are a rare and instructive type of astronomical object. Identification has long relied on serendipity, but different strategies—such as mixed spectroscopy of multiple galaxies along the line of sight, machine-learning algorithms, and citizen science—have been employed to identify these objects as new imaging surveys become available. We report on the comparison between spectroscopic, machine-learning, and citizen-science identification of galaxy–galaxy lens candidates from independently constructed lens catalogs in the common survey area of the equatorial fields of the Galaxy and Mass Assembly survey. In these, we have the opportunity to compare high completeness spectroscopic identifications against high-fidelity imaging …

Galaxy And Mass Assembly: Luminosity And Stellar Mass Functions In Gama Groups, J. A. Vazquez-Mata, J. Loveday, S. D. Riggs, I. K. Baldry, L. J.M. Davies, A. S.G. Robotham, Benne W. Holwerda, M. J.I. Brown, M. E. Cluver, L. Wang, M. Alpaslan, J. Bland-Hawthorn, S. Brough, S. P. Driver, A. M. Hopkins, E. N. Taylor, A. H. Wright

Faculty Scholarship

How do galaxy properties (such as stellar mass, luminosity, star formation rate, and morphology) and their evolution depend on the mass of their host dark matter halo? Using the Galaxy and Mass Assembly group catalogue, we address this question by exploring the dependence on host halo mass of the luminosity function (LF) and stellar mass function (SMF) for grouped galaxies subdivided by colour, morphology, and central/satellite. We find that spheroidal galaxies in particular dominate the bright and massive ends of the LF and SMF, respectively. More massive haloes host more massive and more luminous central galaxies. The satellites LF and …

Facilitating Money Judgment Enforcement Between Canada And The United States, Paul George

Faculty Scholarship

The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private International Law (with U.S. participants, including the Uniform Law Commission) promulgated the new Hague Judgments Convention which harmonizes judgment recognition standards but leaves the domestication process to the enforcing jurisdiction. In August 2019, the Uniform Law Commission took a significant step to fill that gap, though limited to Canadian judgments. The Uniform Registration of Canadian Money Judgments Act provides a registration process similar to that for …

Intergroup Threat And Heterosexual Cisgender Women’S Support For Policies Regarding The Admittance Of Trans Women At A Women’S College, H. Robert Outten, Marcella E. Lawrence

Faculty Scholarship

© 2020 by the authors. Licensee MDPI, Basel, Switzerland. Although spaces once reserved for cisgender women are becoming increasingly accessible to trans women, few studies have examined cisgender women’s responses to such changes. Informed by social identity perspectives, we examined if heterosexual cisgender women’s reactions to two types of women’s college admissions policies pertaining to trans women depended on their appraisals of intergroup threat—or the degree to which they perceived trans women as a threat to cisgender women. Four-hundred-and-forty heterosexual cisgender women completed a measure of intergroup threat and then read 1 of 2 articles about a women’s college’s admissions …

Coops, Condos And Covid-19, Richard J. Sobelsohn

Faculty Scholarship

No abstract provided.

In Defense Of Breakups: Administering A “Radical” Remedy, Rory Van Loo

Faculty Scholarship

Calls for breaking up monopolies—especially Amazon, Facebook, and Google—have largely focused on proving that past acquisitions of companies like Whole Foods, Instagram, and YouTube were anticompetitive. But scholars have paid insufficient attention to another major obstacle that also explains why the government in recent decades has not broken up a single large company. After establishing that an anticompetitive merger or other act has occurred, there is great skepticism of breakups as a remedy. Judges, scholars, and regulators see a breakup as extreme, frequently comparing the remedy to trying to “unscramble eggs.” They doubt the government’s competence in executing such a …

The Due Process Of Bail, Jenny E. Carroll

Faculty Scholarship

The Due Process Clause is a central tenet of criminal law’s constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Essay considers the lay of the bail due process landscape through the lens of the district court’s opinion in O’Donnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the O’Donnell court failed to characterize pretrial process as …

Amicus Brief In Collins V. Mnuchin On Original Public Meaning Of Presidential Removal And The 'Decision Of 1789', Jed Handelsman Shugerman

Faculty Scholarship

Petitioners and the en banc Court of Appeals below have rested their contention that the Constitution grants the President at-will removal authority over the head of the Federal Housing Finance Agency (FHFA) on historical claims about the first Congress’s ostensible “Decision of 1789.” In so doing, Petitioners are following Chief Justice Taft’s account in Myers v. United States, upon which this Court relied on in 2010 and again last term for an originalist interpretation of Article II. New historical research shows that Myers was incorrect. The “Decision of 1789” actually supports, rather than undermines, Congress’s power to limit presidential removal. …

"All (Poor) Lives Matter": How Class-Not-Race Logic Reinscribes Race And Class Privilege, Jonathan Feingold

Faculty Scholarship

In An Intersectional Critique of Tiers of Scrutiny, Professors Devon Carbado and Kimberlé Crenshaw infuse affirmative action with an overdue dose of intersectionality theory. Their intervention, which highlights the disfavored remedial status of Black women, exposes equality law as an unmarked intersectional project that “privileges the intersectional identities of white antidiscrimination claimants.”

This latent racial privilege rests on two doctrinal pillars. First, single-axis tiers of scrutiny, which force claimants and courts to view discrimination in either/or terms (that is, race-based or gender-based or class-based), contravene intersectionality’s core insight that “people live their lives co-constitutively as ‘both/and,’ rather than fragmentarily …

Exploring The Effect Of A Peptide Additive On Struvite Formation And Morphology: A High-Throughput Method, Jacob D. Hostert, Olivia Kamlet, Zihang Su, Naomi S. Kane, Julie N. Renner

Faculty Scholarship

Precipitation of struvite (MgNH4PO4·6H2O), a slow-release fertilizer, provides a means of recycling phosphate from wastewater streams. In this work, a high-throughput struvite precipitation method is developed to investigate the effects of a peptide additive. The reactions occurred in small volumes (300 μL or less) in a 96-well plate for 45 minutes. The formation of struvite was monitored by fitting absorbance at 600 nm over time to a first order model with induction time, with the addition of peptide inducing significant changes to the yield parameter and formation constant in that model. The impact of struvite seed dosing was also investigated, …

Looking Back, Looking Forward: Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

Since the Criminal Justice Section’s Women in Criminal Justice Task Force launched in November 2018, we have heard from women in criminal law around the country about their experiences with (1) hiring, (2) retention, and (3) promotion of women in criminal justice. We set many goals for ourselves, including hosting listening sessions, publishing columns, and collecting data, and we are proud of all we have accomplished over the past nearly two years.

Bacillus Coagulans Gbi‑30, 6086 Improves Amino Acid Absorption From Milk Protein, Richard A. Stecker, Jessica M. Moon, Travis J. Russo, Kayla M. Ratliff, Petey W. Mumford, Ralf Jäger, Martin Purpura, Chad M. Kerksick

Faculty Scholarship

Probiotic Bacillus coagulans GBI-30, 6086 (BC30) has been shown to increase protein digestion in an in vitro model of the stomach and small intestine. Once active in the small intestine after germination, BC30 aids the digestion of carbohydrates and proteins. The extent to which BC30 administration may impact protein digestion and amino acid appearance in humans after protein ingestion is currently unknown. This study examined the impact of adding BC30 to a 25-g dose of milk protein concentrate on post-prandial changes in blood amino acids concentrations.

Housing & Education Roundtable Discussion, Serge A. Martinez, Deb Haaland

Faculty Scholarship

View the Video: https://www.facebook.com/RepDebHaaland/videos/393076688380815/

Congresswoman Deb Haaland (NM-01), held a Facebook Live discussion on access to education and affordable housing. During her address, Congresswoman Haaland discussed the importance of accessible education during this pandemic. Haaland also mentioned the role evictions and financial stress play in education. COVID-19 risks have moved schools to virtual learning from home beginning in the Spring of 2020. Provisions in the CARES Act that protected families from falling behind financially including a $1200 stimulus payment, $600 additional weekly unemployment benefits, and eviction protections expired at the end of July, raising concerns about an increase in evictions …

Access To Education And Affordable Housing (Panel Discussion), Serge A. Martinez, Deb Haaland

Faculty Scholarship

"Housing is not just about housing--there's a straight line from housing stability to educational achievement and other issues including public health, physical and mental health and community development."
- Professor Serge Martinez.

Congresswoman Deb Haaland held a discussion on access to education and affordable housing, particularly the importance of accessible education and the role evictions and financial stress play in education.

If the video is not playing, watch the panel discussion on Facebook (log-in not required).

Expansion Of New Law In Southeast May Stave Off Black Land Loss, Thomas W. Mitchell, Sarah Stein, Ann Carpenter

Faculty Scholarship

Landownership and homeownership are significant contributors to the creation of wealth and thus, drivers of intergenerational economic mobility. However, many people who have inherited family land are unable to realize these opportunities because of the legal effect of their particular form of landownership, often called heirs' property. These landowners are more likely to lose their land through what is known as a partition sale—a property sale resulting from a dispute between co-owners, often ignited by an outside party with an investment interest in the land. This Partners Update article explores the repercussions of heirs' property ownership and examines legislative solutions …

Argument Analysis: On First Day Of New Term, Supreme Court Seems Skeptical Of Texas’ Arguments In Interstate Water Dispute With New Mexico, Reed D. Benson

Faculty Scholarship

Find out more information regarding Texas v. New Mexico at SCOTUSblog.

Read more about Professor Reed Benson's involvement on the UNM Law News Page.

Improving Student Preparedness For Entering The Workforce: A Hands-On Experience In Project Management For A Graduate-Level Protein Engineering Class, Nuttanit Pramounmat, Julie N. Renner

Faculty Scholarship

A hands-on polypeptide engineering experience that focuses on project management was developed and incorporated in a graduate-level course. The goal was to have doctoral students in chemical engineering learn about project planning tools, and experience what it might be like to plan and execute a project in industry or business. The motivation behind this goal was to help students best-utilize their technical skills in the private sector, where 42% of doctoral recipients in science and engineering work.

A Review Of The Financial Value Of Faecal Sludge Reuse In Low-Income Countries, Adrian Mallory, Rochelle Holm, Alison Parker

Faculty Scholarship

Faecal sludge reuse could promote responsible waste management and alleviate resource shortages. However, for this reuse to be carried out at scale, it needs to be financially viable. This paper reviews the financial values of resource recovery from 112 data points from 43 publications from academic and grey literature. The results found 65% of the existing literature is projected rather than being based on observed data from products in practice, with limited studies providing actual experiences of revenue in practice. Some of the estimates of the potential value were ten times those observed in data from operating businesses. Reasons for …

Medical Marijuana: Implications Of Evolving Trends In Regulation, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.

From "Don't Use It" To "Let's Edit!": Using Wikipedia To Teach The Arlis/Na Art, Architecture, And Design Information Competencies, Courtney Baron

Faculty Scholarship

Students can develop the research skills outlined in the ARLIS/NA Art, Architecture, and Design Information Competencies through the process of editing content on Wikipedia. This article situates the competencies for art and design students within the literature on information literacy and the applications of Wikipedia in the college classroom. With a focus on art history, the art information competencies are mapped to the ACRL Framework for Information Literacy for Higher Education and implemented in one-shot instruction sessions. Inspired by the success of the Art+Feminism Wikipedia Edit-a-thons, the author demonstrates how art librarians can build upon the success of these events …

Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2019 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions.

Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney

Faculty Scholarship

Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …