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Articles 2401 - 2430 of 14052
Full-Text Articles in Entire DC Network
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Articles
Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …
Covid-19 And Us Tax Policy: What Needs To Change?, Reuven Avi-Yonah
Covid-19 And Us Tax Policy: What Needs To Change?, Reuven Avi-Yonah
Articles
The COVID-19 Pandemic already feels like a historical turning point akin to Word Wars I and II and the Great Depression. It may signal the end of the second period of globalization (1980-2020) and a change in the relative positions of the US and China. It could also lead in the US to significant changes in tax policy designed to bolster the social safety net which was revealed as very porous during the pandemic. In what follows I will first discuss some short-term effects of the pandemic and then some potential longer-term effects on US tax policy.
Lawyers Democratic Dysfunction, Leah Litman
Lawyers Democratic Dysfunction, Leah Litman
Articles
As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.
The Permissibility Of Acting Officials: May The President Work Around Senate Confirmation?, Nina A. Mendelson
The Permissibility Of Acting Officials: May The President Work Around Senate Confirmation?, Nina A. Mendelson
Articles
Recent presidential reliance on acting agency officials, including an acting Attorney General, acting Secretaries of Defense, and an acting Secretary of Homeland Security, as well as numerous below-Cabinet officials, has drawn significant criticism from scholars, the media, and members of Congress. They worry that the President may be pursuing illegitimate goals and seeking to bypass the critical Senate role under the Appointments Clause. But Congress has authorized—and Presidents have called upon—such individuals from the early years of the Republic to the present. Meanwhile, neither formalist approaches to the constitutional issue, which seem to permit no flexibility, nor current Supreme Court …
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Articles
This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …
A Definition Of “Regular Meals” Driven By Dietary Quality Supports A Pragmatic Schedule, Barbara A. Lohse, Kathryn Faulring, Diane C. Mitchell, Leslie Cunningham-Sabo
A Definition Of “Regular Meals” Driven By Dietary Quality Supports A Pragmatic Schedule, Barbara A. Lohse, Kathryn Faulring, Diane C. Mitchell, Leslie Cunningham-Sabo
Articles
Public health guidelines advise eating regular meals without defining “regular.” This study constructed a meaning for “regular” meals congruent with dietary quality. Parents of 4th grade youth in a school-based intervention (Clinicaltrials.gov NCT02491294) completed three, ASA24 online 24-h dietary recalls. Differences in time of intake across days for breakfasts, lunches, dinners were categorized with consistency denoted as always, often/sometimes or rarely/never and assigned values of 3, 2 or 1, respectively. Meal-specific values were summed to form mealtime regularity scores (mReg) ranging from 3 (low) to 9. Healthy eating index (HEI) scores were compared to mReg controlling for weekday/weekend recall pattern. …
An Online Interactive Video Vignette That Helps Students Learn Key Concepts Of Fermentation And Respiration, Jean A. Cardinale, Dina L. Newman, L. Kate Wright
An Online Interactive Video Vignette That Helps Students Learn Key Concepts Of Fermentation And Respiration, Jean A. Cardinale, Dina L. Newman, L. Kate Wright
Articles
Topics related to energy transformation and metabolism are important parts of an undergraduate biology curriculum, but these are also topics that students traditionally struggle with. To address this, we have created a short online Interactive Video Vignette (IVV) called To Ferment or Not to Ferment: That is the Question. This IVV is designed to help students learn important ideas related to cellular respiration and metabolism. Students in various courses across four institutions were assigned the IVV as an out-of-class preinstruction homework assignment. To test the effectiveness of this IVV on student learning, we collected and analyzed data from questions embedded …
Provost’S Learning Innovation Grant (Plig) For 2019, Esa M. Rantanen
Provost’S Learning Innovation Grant (Plig) For 2019, Esa M. Rantanen
Articles
This grant allowed for a redesign of the PSYC 714 “Graduate Engineering Psychology” course, offered by the Department of Psychology about every two years since 2013, for online delivery. The grant was awarded on March 29, 2019. Full Project Plan report was submitted on Aug. 16, 2019. The majority of the course redesign work was completed during the fall semester 2019 (2191), including creation of several software programs to support the lab exercises designed for the course. The Preliminary Findings report was submitted on Jan. 10, 2020, and the PSYC 714 course was offered online in the spring semester of …
Mapping The Iceberg: The Impact Of Data Sources On The Study Of District Courts, Christina L. Boyd, Pauline T. Kim, Margo Schlanger
Mapping The Iceberg: The Impact Of Data Sources On The Study Of District Courts, Christina L. Boyd, Pauline T. Kim, Margo Schlanger
Articles
Three decades ago, Siegelman and Donohue aptly characterized research about courts and litigation that relied only on published opinions as “studying the iceberg from its tip.” They implored researchers to view published district court opinions “with greater sensitivity to the ways in which such cases are unrepresentative of all cases”. The dynamic, multistage nature of trial court litigation makes a focus solely on published opinions particularly ill-suited to the study of federal district courts. Expanded electronic access to court documents now allows more pre-cise analysis of the ways in which published cases are unrepresentative and what differences that makes for …
Treatment Longevity And Changes In Surface Fuel Loads After Pinyon–Juniper Mastication, Samuel S. Wozniak, Eva K. Strand, Timothy R. Johnson, April Hulet, Bruce A. Roundy, Kert Young
Treatment Longevity And Changes In Surface Fuel Loads After Pinyon–Juniper Mastication, Samuel S. Wozniak, Eva K. Strand, Timothy R. Johnson, April Hulet, Bruce A. Roundy, Kert Young
Articles
In the Intermountain West, land managers masticate pinyon pine (Pinus spp.) and juniper (Juniperus spp.) trees that have encroached sagebrush steppe communities to reduce canopy fuels, alter potential fire behavior, and promote growth of understory grasses, forbs, and shrubs. At three study sites in Utah, 45 sampling plots spanning a range of tree cover from 5% to 50% were masticated. We measured surface fuel load components three times over a 10‐yr period. We also measured tree cover, density, and height as indicators of treatment longevity. Changes in these variables were analyzed across the range of pre‐treatment tree cover …
Student Observations Of Postsecondary Classroom Instruction: Accessibility Challenges And Collaborative Feedback., Yasmine R. Jassal, Stephanie W. Cawthon, Sara Schley
Student Observations Of Postsecondary Classroom Instruction: Accessibility Challenges And Collaborative Feedback., Yasmine R. Jassal, Stephanie W. Cawthon, Sara Schley
Articles
For deaf students, accessible classroom design is often provided through external services such as interpreters or speech-to-text providers. An approach based in Universal Design for Learning (UDL), though, seeks to engage students in learning by creating classroom spaces with accessibility integrated into the pedagogical approach. Realizing these goals requires participation from one of the most valuable, yet underused, resources: the students themselves. To that end, this paper examines a student-faculty collaborative approach to increasing accessibility for deaf students in postsecondary classrooms. Results of this study suggest that student observers are able to provide concrete and constructive feedback on strategies to …
Sex Modifies The Association Between The Clock Variant Rs1801260 And Bmi In School-Age Children, Ying Meng, Barbara Lohse, Leslie Cunningham-Sabo
Sex Modifies The Association Between The Clock Variant Rs1801260 And Bmi In School-Age Children, Ying Meng, Barbara Lohse, Leslie Cunningham-Sabo
Articles
Disruption of circadian rhythms and variations in the FTO gene may interfere with energy homeostasis and play a role in the development of obesity. The current study assessed the association of common polymorphisms in the CLOCK and FTO genes with standardized body mass index scores (BMI z-scores) and their potential modification of the impact of a culinary nutrition and physical activity intervention in school-age children. Anthropometric measurements were collected in 121 children at the baseline and one-year follow-up of a controlled trial of a school-based culinary nutrition and physical activity intervention. Genotypes of the CLOCK polymorphism (rs1801260) and the FTO …
Long-Term Effectiveness Of Tree Removal To Re-Establish Sagebrush Steppe Vegetation And Associated Spatial Patterns In Surface Conditions And Soil Hydrologic Properties, C. Jason Williams, Justin C. Johnson, Frederick B. Pierson, Cameron S. Burleson, Viktor O. Polyakov, Patrick R. Kormos, S. Kossi Nouwakpo
Long-Term Effectiveness Of Tree Removal To Re-Establish Sagebrush Steppe Vegetation And Associated Spatial Patterns In Surface Conditions And Soil Hydrologic Properties, C. Jason Williams, Justin C. Johnson, Frederick B. Pierson, Cameron S. Burleson, Viktor O. Polyakov, Patrick R. Kormos, S. Kossi Nouwakpo
Articles
Pinyon (Pinus spp.) and juniper (Juniperus spp.) woodland encroachment into sagebrush (Artemisia spp.) steppe communities throughout western North America has substantially altered the vegetation structure and hydrologic function of one of the most ecologically important rangeland ecosystems in the world. Various pinyon and juniper tree removal practices are employed to re-establish sagebrush steppe vegetation and an associated resource-conserving ecohydrologic function. The effectiveness of these practices is highly variable owing to the vast domain in which woodland encroachment occurs, climate fluctuations, differences in treatment applications, and myriads of pre-treatment conditions and post-treatment land uses. This study evaluated the …
Scandalizing The Judiciary: An Analysis Of The Uneven Response Of The Supreme Court Of India To Sexual Harassment Allegations Against Judges, Sanjay Jain, Saranya Mishra
Scandalizing The Judiciary: An Analysis Of The Uneven Response Of The Supreme Court Of India To Sexual Harassment Allegations Against Judges, Sanjay Jain, Saranya Mishra
Articles
The Supreme Court of India (SC) pronounced a momentous judgment in Vishaka v. State of Rajasthan in 1997, categorically recognizing the menace of sexual harassment (SH) at workplace and constitutionally rendering it as being in violation of fundamental rights guaranteed by Articles 15, 19, and 21 of the Constitution of India 1950. The Court also provided a mechanism for redressal against SH, which was ultimately reinforced by Parliament with the enactment of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act). However, when it comes to allegations of SH against judges in the SC and High Courts …
Using Information Communications Technologies To Implement Universal Design For Learning, David Banes, Anne Hayes, Christopher Kurz, Raja Kashalnagar
Using Information Communications Technologies To Implement Universal Design For Learning, David Banes, Anne Hayes, Christopher Kurz, Raja Kashalnagar
Articles
The purpose of this paper is to assist Ministries of Education, their donors and partners, Disabled Persons Organizations (DPOs), and the practitioner community funded by and working with USAID to select, pilot, and (as appropriate) scale up ICT4E solutions to facilitate the implementation of Universal Design for Learning (UDL), with a particular emphasis on supporting students with disabilities to acquire literacy and numeracy skills. The paper focuses primarily on how technology can support foundational skills acquisition for students with disabilities, while also explaining when, why, and how technologies that assist students with disabilities can, in some applications, have positive impacts …
What Will (Or Might?) Law School Look Like This Fall?: Teaching In The Midst Of A Pandemic, Ted Becker
What Will (Or Might?) Law School Look Like This Fall?: Teaching In The Midst Of A Pandemic, Ted Becker
Articles
January 2020 marked the start of a new semester for Michigan law schools. There was little reason to suspect it wouldn’t be a semester like any other: for 3Ls, the start of the stretch run to graduation; for 1Ls, a chance to begin anew after the stress of their first set of law school final exams; for law school faculty, administrators, and staff, a return to the excitement and activity of crowded hallways and classrooms after the brief interlude of winter break. Classes began and proceeded as normal.
Rhetorical Repetition, Patrick Barry
Rhetorical Repetition, Patrick Barry
Articles
When it comes to persuading judges, boardrooms, or even just co-workers, many lawyers shy away from repetition. They remain committed to the idea, often developed in college, that good writing is associated with having (and showing) a big vocabulary. They mistakenly think the best thesaurus wins. This essay explores that error and offers ways to correct it.
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Articles
The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings of the harms that Reconstruction-era initiatives sought to combat. In contrast to the oblique language …
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies, Margo Schlanger
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies, Margo Schlanger
Articles
Among criminal justice reformers, it has long been hotly contested whether moderate reform helps or harms more efforts to achieve more thoroughgoing change. With respect to solitary confinement, do partial and ameliorative measures undermine the goal of solitary confinement abolition? Or do reformist campaigns advance—albeit incrementally—that ultimate goal? Call this a debate between “incrementalists” and “maximalists.” I offer this Essay as an appeal for empirical rather than aesthetic inquiry into the question. After summarizing nationwide reform litigation efforts that began in the 1970s, I try to shed some factual light by examining solitary reform efforts in two states, Massachusetts and …
Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar
Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar
Articles
A key question at the intersection of state and federal law is whether corpo- rations can use their charters or bylaws to restrict securities litigation to federal court. In December 2018, the Delaware Chancery Court answered this question in the negative in the landmark decision Sciabacucchi v. Salzberg. The court invalidated “federal forum provisions” (“FFPs”) that allow companies to select federal district courts as the exclusive venue for claims brought under the Secur- ities Act of 1933 (“1933 Act”). The decision held that the internal affairs doc- trine, which is the bedrock of U.S. corporate law, does not permit charter …
Why Women Also Know History, Emily Prifogle, Karin Wulf
Why Women Also Know History, Emily Prifogle, Karin Wulf
Articles
"Women Also Know Stuff. Does that sound obvious? It's not, alas." In early 2016 a group of women political scientists announced in The Washington Post their reasons for forming a group called Women Also Know Stuff. The US presidential election dramatically exposed the ongoing imbalance in the consultation and citation of women experts in political discussion.1 The new group was responding directly to media bias, but it has long been clear that bias—not only against women but against people of color, LGBTQ scholars, and other groups—is persistent in academia. The historical profession is no exception.
Working Hard Or Making Work? Plaintiffs' Attorneys Fees In Securities Fraud Class Actions, Stephen J. Choi, Jessica Erickson, A. C. Pritchard
Working Hard Or Making Work? Plaintiffs' Attorneys Fees In Securities Fraud Class Actions, Stephen J. Choi, Jessica Erickson, A. C. Pritchard
Articles
In this article, we study attorney fees awarded in the largest securities class actions: “mega- settlements.” Consistent with prior work, we find larger fee awards but lower percentages in these cases. We also find that courts are more likely to reject or modify fee requests made in connection with the largest settlements. We conjecture that this scrutiny provides an incentive for law firms to bill more hours, not to advance the case, but to help justify large fee awards—“make work.” The results of our empirical tests are consistent with plaintiffs’ attorneys investing more time in litigation against larger companies, with …
Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle
Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle
Articles
Through the eyes of Charles Pendleton’s memoirs, this article walks through a rural community with a county attorney to consider how race, religion, gender, and sexuality influenced rural prosecutorial discretion in the early twentieth century. Rural communities like those in Buena Vista County, Iowa, where the article is centered, experienced “the law” through distinctly isolated geographies and social networks that lacked anonymity and thus shaped available methods of conflict resolution. But anonymity did not mean homogeneity. Ethnic, racial, and religious diversity created divisions within a community where social distance between individuals was small. Both onymity and diversity shaped who should …
Consent, Coercion, And Employment Law, Samuel R. Bagenstos
Consent, Coercion, And Employment Law, Samuel R. Bagenstos
Articles
The Roberts Court has recently handed several high-profile wins in labor and employment law cases to anti-labor and pro-employer forces. This paper argues that those decisions replicate crucial moves made by some infamous Lochner-era cases — and that those same moves continue to underlie key elements of labor and employment doctrine more generally. In particular, these decisions rest on a contestable understanding of free worker choice. This paper begins by examining the key recent Roberts Court decisions and demonstrates that they appear to invoke at least two distinct and conflicting understandings of employee and employer choice. It then turns to …
A New Corporate Tax, Reuven S. Avi-Yonah
A New Corporate Tax, Reuven S. Avi-Yonah
Articles
If we can regulate our corporations simply through the medium of taxation, we can destroy every trust in a fortnight. It would be a great deal better for the Finance Committee to turn its attention to the imposition of such a tax upon corporations and the persons who actually need regulation, who are exercising powers that are injurious to the American people, destroying competition and invading our prosperity, than to attempt to levy a revenue tax upon all the little shareholders of all the little corporations throughout the length and breadth of the United States.
Along The Tevere: A Gastro-Historic Portrait Of The Region, Anke Klitzing
Along The Tevere: A Gastro-Historic Portrait Of The Region, Anke Klitzing
Articles
In June 2009, a group of masters students from the University of Gastronomic Sciences in Italy spent nine days visiting the lands of the Tevere river, travelling from its springs on Monte Fumaiolo in Emilia-Romagna to Rome by way of Umbria and the Lake Trasimeno. This article is a gastro-historic portrait of the lands of the Tevere, linking contemporary social, cultural and economic activities around food and tourism to the rich and long history of the region and highlighting persistent patterns, continuity and change.
Assessment Of Dehydration As A Commercial-Scale Food Waste Valorization Strategy, Jon T. Schroeder, Ava L. Labuzetta, Thomas A. Trabold
Assessment Of Dehydration As A Commercial-Scale Food Waste Valorization Strategy, Jon T. Schroeder, Ava L. Labuzetta, Thomas A. Trabold
Articles
Using a commercially available dehydration unit, this study aimed to valorize various food waste streams from different sources in the Rochester, New York area. Dehydration of the food waste collected for the study helped reduce the weight of the feedstock by 70–90%, as the incoming waste streams were relatively wet. The output was materially characterized against end uses such as cattle feed, fish feed, and compost. The results demonstrated that, other than fertilizer, the remaining five end uses (compost, fish feed, cattle feed, pyrolysis, and pelletized fuel) were potentially compatible with varying waste feedstocks based on the parameters analyzed. Fish …
Living With Machines. Ethical Implications And Imaginative Agency As Local Tactics Of Dwelling And Resistance In Everyday Interactions With Artificial Intelligence, Ester Toribio-Roura
Living With Machines. Ethical Implications And Imaginative Agency As Local Tactics Of Dwelling And Resistance In Everyday Interactions With Artificial Intelligence, Ester Toribio-Roura
Articles
With the widespread of the Internet of things (IoT), algorithms are increasingly managing our everyday life. From navigating our way in cities to keeping track of our health, artificial intelligence has been beneficial to us in many ways. However, its algorithms can also be detrimental as a consequence of biased human programming. The result is that while technological progress delivers more and more human-like artificial intelligence, humans become dehumanised and therefore, disempowered in their everyday interactions with artificial intelligence.The solution(s) is not single-handed and calls for combined interventions at the macro and micro levels. Whilst reviewing recent top-down developments on …
"I Learned That I Am Loved": Older Adults And Undergraduate Students Mutually Benefit From An Interprofessional Service-Learning Health Promotion Program., Britteny M. Howell, Leslie C. Redmond, Samantha Wanner
"I Learned That I Am Loved": Older Adults And Undergraduate Students Mutually Benefit From An Interprofessional Service-Learning Health Promotion Program., Britteny M. Howell, Leslie C. Redmond, Samantha Wanner
Articles
No abstract provided.
Towards Refining Alzheimer's Disease Into Overlapping Subgroups, Erin R. Hascup, Kevin N Hascup
Towards Refining Alzheimer's Disease Into Overlapping Subgroups, Erin R. Hascup, Kevin N Hascup
Articles
Alzheimer’s disease (AD) is an age-related neurodegenerative disorder characterized by progressive anterograde amnesia, cerebral atrophy, and eventual death. Current treatment has limited efficacy and cannot decelerate the disease progression. Clinical trials targeting the removal of the neuropathological hallmarks of AD, including accu- mulation of amyloid plaques or neurofibrillary tangles, have failed to modify disease progression. Without new or innovative hypotheses, AD is poised to become a public health crisis within this decade. We present an alternative hypothesis—that AD is the result of multiple interrelated causalities. The intention of this manuscript is to initiate a discussion regarding these multiple causalities and …