Digital Commons Network^™

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Faculty Articles

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil. In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …

Disentangling The Right Of Publicity, Eric E. Johnson

Faculty Articles

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person's name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is. This Article explains how, in the absence of a clear enunciation of its …

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Faculty Articles

Missouri tenants have few defenses to uninhabitable housing conditions. In a statistical study conducted by the Washington University Civil Rights & Community Justice Clinic and the Metropolitan Saint Louis Equal Housing & Opportunity Council, which encompassed 6,369 landlord-tenant cases from the 2012 calendar year, only two cases (0.03%) resulted in a judgment in favor of the tenant, while 4,934 cases (77.5%) resulted in judgments in favor of the landlord, with the remaining cases being dismissed without a judgment. These findings suggest that unrepresented low-income tenants seeking to raise defenses in rent and possession and eviction cases in the Missouri state …

The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino

Faculty Articles

In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …

Impact Of Data On Litigation: Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott

Faculty Articles

In order to explore the threats posed by cybersecurity breaches, first outline the steps taken by the government to address those threats in private sector economy, and then call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people - a Connie Francis-styled cyber civil action lawsuit. Technological advances opened up the unfathomable marvels of cyberspace and, by so doing, spawned a modern world that is now completely dependent on cyber, particularly in the context of sustaining and operating our critical infrastructure. Unfortunately, if supervisory control and …

The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman

Faculty Articles

The Texas Supreme Court has now fully retreated from a powerful line of previous Texas Supreme Court decisions protecting the rights of public school students and low-wealth districts.' Returning to Texas history's dual system of poor districts and wealthy districts, the Court removed itself from its constitutional role as a vital ingredient in progressing toward school finance equity and adequacy and has instead regressed to a dual school system in Texas that is divided between poor and wealthy districts.

This regression becomes evident by analyzing seven major school finance decisions: (1) Edgewood Independent School District v. Kirby (Edgewood I); (2) …

Invisible, But Not Transparent: An Analysis Of The Data Privacy Issues That Could Be Implicated By The Widespread Use Of Connected Vehicles, Emilio R. Longoria

Faculty Articles

In 2015, the U.S. Department of Transportation began the first phase of its 50-month program to introduce connected vehicles to American roadways. While many have focused on the potential traffic safety benefits wide-scale implementation of connected vehicle technology could ultimately bring about, few have discussed the potentially serious data privacy issues that connected vehicles could create. Although few know the exact technological capabilities connected vehicles will have, it is likely that they will be designed to regularly transmit highly sensitive private information over a relatively unsecure network. This paper analyzes the potential privacy issues that could be implicated by such …

The Colors Of Cannabis: Reflections On The Racial Justice Implications Of California's Proposition 64, Steven Bender

Faculty Articles

No abstract provided.

Campus Racial Unrest And The Diversity Bargain, Steven W. Bender

Faculty Articles

Campus racial unrest challenging the status quo of unwelcoming environments for students of color drew recent national attention. While achieving some short-term victories, the current protests prompted backlash that exposes the sinister and sobering foundations of racism on college campuses that connect to the seeming permanence of racism embedded in U.S. institutions and law. In this article, I suggest that despite the window dressing of diversity mission statements and policies that claim to open the campus doors to racial minorities, society fears an educated and activist minority population that sets out to change the status quo of systemic racism. As …

In Defense Of The Harmless Error Rule's Clear And Convincing Evidence Standard: A Response To Professor Baron, Mark Glover

Faculty Articles

In Irresolute Testators Clear and Convincing Wills Law Professor Jane Baron draws attention to a conflict between the mechanics of the law of wills and the realities of testation Baron observes that the law of wills is designed to be used as a tool by resolute and rationale testators to communicate their intent regarding the distribution of property upon death However the law's archetypical testator does not represent the many real testators who are irresolute and irrational those possessing incoherent and only partially formed thoughts regarding the disposition of their estatesBased upon the disconnect between the law's paradigm of resolute …

Virulence Factors Of Aeromonas Hydrophila: In The Wake Of Reclassification, Cody R. Rasmussen-Ivey, Maria J. Figueras, Donald Mcgarey, Mark R. Liles

Faculty Articles

The ubiquitous “jack-of-all-trades,” Aeromonas hydrophila, is a freshwater, Gram-negative bacterial pathogen under revision in regard to its phylogenetic and functional affiliation with other aeromonads. While virulence factors are expectedly diverse across A. hydrophila strains and closely related species, our mechanistic knowledge of the vast majority of these factors is based on the molecular characterization of the strains A. hydrophila AH-3 and SSU, which were reclassified as A. piscicola AH-3 in 2009 and A. dhakensis SSU in 2013. Individually, these reclassifications raise important questions involving the applicability of previous research on A. hydrophila virulence mechanisms; however, this issue is exacerbated by …

Functional Diversity Of Small And Large Trees Along Secondary Succession In A Tropical Dry Forest, Lucía Sanaphre-Villanueva, Juan Manuel Dupuy, José Luis Andrade, Casandra Reyes-García, Horacio Paz, Paula C. Jackson

Faculty Articles

Functional Diversity is considered an important driver of community assembly in environmental and successional gradients. To understand tree assembly processes in a semideciduous tropical forest, we analyzed the variation of Functional Richness (FRic), Functional Divergence (FDiv), and Functional Evenness (FEve) of small vs. large trees in relation to fallow age after slash-and-burn agriculture and topographical position (flat sites vs. hills). FRic of small trees was lower than null model predicted values across the successional gradient, and decreased unexpectedly in older successional ages. FRic of large trees was higher than null model predictions early in succession and lower in late-successional stands …

Identification Of Preferred Dna-Binding Sites For The Thermus Thermophilus Transcriptional Regulator Sbtr By The Combinatorial Approach Repsa, Michael W. Van Dyke, Matthew D. Beyer, Emily Clay, Jonathan L. Mcmurry

Faculty Articles

One of the first steps towards elucidating the biological function of a putative transcriptional regulator is to ascertain its preferred DNA-binding sequences. This may be rapidly and effectively achieved through the application of a combinatorial approach, one involving very large numbers of randomized oligonucleotides and reiterative selection and amplification steps to enrich for high-affinity nucleic acid-binding sequences. Previously, we had developed the novel combinatorial approach Restriction Endonuclease Protection, Selection and Amplification (REPSA), which relies not on the physical separation of ligand-nucleic acid complexes but instead selects on the basis of ligand-dependent inhibition of enzymatic template inactivation, specifically cleavage by type …

The Impact Of Rural Pensions In China On Labor Migration, Karen Eggleson, Ang Sun, Zhaoguo Zhan

Faculty Articles

We study the impact of China’s new rural pension program on promoting migration of labor by applying a regression discontinuity analysis to this new pension program. The results reveal a perceptible difference in labor migration among adult children whose parents are just above and below the age of pension eligibility: The adult children with a parent just attaining the pension-eligible age are more likely to be labor migrants compared with those with a parent just below the pension-eligible age. We also find that with a pension-eligible parent, the adult children are more likely to have off-farm jobs. These abrupt changes …

The Effect Of Post-Resistance Exercise Amino Acids On Plasma Mcp-1 And Ccr2 Expression, Adam J. Wells, Jay R. Hoffman, Adam R. Jajtner, Alyssa N. Varanoske

Faculty Articles

The recruitment and infiltration of classical monocytes into damaged muscle is critical for optimal tissue remodeling. This study examined the effects of an amino acid supplement on classical monocyte recruitment following an acute bout of lower body resistance exercise. Ten resistance-trained men (24.7 ˘ 3.4 years; 90.1 ˘ 11.3 kg; 176.0 ˘ 4.9 cm) ingested supplement (SUPP) or placebo (PL) immediately post-exercise in a randomized, cross-over design. Blood samples were obtained at baseline (BL), immediately (IP), 30-min (30P), 1-h (1H), 2-h (2H), and 5-h (5H) post-exercise to assess plasma concentrations of monocyte chemoattractant protein 1 (MCP-1), myoglobin, cortisol and insulin …

Comparison Of High-Intensity Vs. High-Volume Resistance Training On The Bdnf Response To Exercise, David D. Church, Jay R. Hoffman, Gerald T. Mangine, Adam R. Jajtner

Faculty Articles

This study compared the acute and chronic response of circulating plasma brain-derived neurotrophic factor (BDNF) to high-intensity low-volume (HI) and low-intensity high volume (HV) resistance training. Twenty experienced resistance-trained men (23.5 ± 2.6 y, 1.79 ± 0.05 m, 75.7 ± 13.8 kg) volunteered for this study. Before the resistance training program (PRE), participants performed an acute bout of exercise using either the HI [3-5 reps; 90% of one repetition maximum (1RM)] or HV (10–12 reps; 70% 1RM) training paradigm. The acute exercise protocol was repeated after 7 wk of training (POST). Blood samples were obtained at rest (BL), immediately (IP), …

The Deregulatory First Amendment At Work, Charlotte Garden

Faculty Articles

It has been more than seventy years since Justice Hugo Black wrote that First Amendment rights were “essential to the poorly financed causes of little people.” Since then, the well-financed causes of the powerful have discovered the First Amendment as well, deploying it to crowd out the little people in electoral politics and undo their legislative successes in the courts. The seeds for this project were planted in the 1970s — the decade in which Justice Lewis Powell joined the Court, and in which the Court decided both Buckley v. Valeo and Virginia State Board of Pharmacy v. Virginia Citizens …

Bridging The Gap Between Human Rights And Peace: An Analysis Of Ngos And The United Nations Human Rights Council, Charity Butcher, Maia Carter Hallward

Faculty Articles

While the concepts of human rights and peace are increasingly linked in the study and practice of International Relations, there is great variance and inconsistency in how the concept of peace is discussed in the study and practice of human rights. We conduct an examination of the websites of human rights nongovernmental organizations (NGOs) affiliated with the United Nations Human Rights Council in Geneva, Switzerland, to explore whether and how human rights and peace are linked. Religiously-affiliated and women’s NGOs typically link these concepts, while non-Western NGOs stress peace over human rights.

Possible Evolution Of Supermassive Black Holes From Fri Quasars, Matthew I. Kim, Damian J. Christian, David Garofalo, Jaclyn D'Avanzo

Faculty Articles

We explore the question of the rapid buildup of black hole mass in the early universe employing a growing black hole mass-based determination of both jet and disc powers predicted in recent theoretical work on black hole accretion and jet formation. Despite simplified, even artificial assumptions about accretion and mergers, we identify an interesting low probability channel for the growth of one billion solar mass black holes within hundreds of millions of years of the big bang without appealing to super Eddington accretion. This result is made more compelling by the recognition of a connection between this channel and an …

The Sh3 Domain Of Unc-89 (Obscurin) Interacts With Paramyosin, A Coiled-Coil Protein, In Caenorhabditis Elegans Muscle, Hiroshi Qadota, Jonathan Mcmurry, Verra M. Ngwa, Et Al.

Faculty Articles

UNC-89 is a giant polypeptide located at the sarcomeric M-line of Caenorhabditis elegans muscle. The human homologue is obscurin. To understand how UNC-89 is localized and functions, we have been identifying its binding partners. Screening a yeast two-hybrid library revealed that UNC-89 interacts with paramyosin. Paramyosin is an invertebrate-specific coiled-coil dimer protein that is homologous to the rod portion of myosin heavy chains and resides in thick filament cores. Minimally, this interaction requires UNC-89’s SH3 domain and residues 294–376 of paramyosin and has a KD of ∼1.1 μM. In unc-89 loss-of-function mutants that lack the SH3 domain, paramyosin is found …

Organizational Leadership And Work-Life Integration: Insights From Three Generations Of Men, Deborah N. Smith, Deborah B. Roebuck, Terri Elhaddaoui

Faculty Articles

The literature has traditionally portrayed work-life balance as a women’s issue. However, working men, specifically those classified as Generation X and Generation Y, are starting to speak up and share that they too are struggling with integrating all aspects of their lives. Workers, as well as organizations can benefit when employees have a healthy work-life balance; however, the specific role of organizational leadership must be examined to determine the influence leaders play in assisting employees achieve work-life balance. In addition, further insight is needed to understand how employees in the three generations (Millennials/Gen Y, Gen X, and Baby Boomers), which …

Principal Perceptions Of The Effectiveness Of University Educational Leadership Preparation And Professional Learning, Arvin D. Johnson

Faculty Articles

Principals and assistant principals currently serving in Florida and Georgia school districts were surveyed about their perceptions of university educational leadership preparation and professional learning. The results revealed that many principals and assistant principals agreed that university educational leadership preparation programs enhanced their overall preparation, school leadership, and school law. However, participants disagreed that leadership preparation programs assisted them in managing school budget, data analysis, and human resources. Participants overwhelmingly indicated that school districts provide meaningful professional learning opportunities and that they prefer job-embedded learning experiences over university preparation.

Observation Of The Decay B0s→K0¯K0, B. Pal Et Al

Faculty Articles

We measure the decay B0s→K0¯K0 using data collected at the Υ(5S) resonance with the Belle detector at the KEKB e+e− collider. The data sample used corresponds to an integrated luminosity of 121.4  fb−1. We measure a branching fraction B(B0s→K0¯K0)=[19.6+5.8−5.1(stat)±1.0(syst)±2.0(NB0s¯B0s)]×10−6 with a significance of 5.1 standard deviations. This measurement constitutes the first observation of this decay

Freedom Of Corporate Purpose, George A. Mocsary

Faculty Articles

Every few decades there erupt political and academic debates over the proper nature and purpose of the corporation It is black letter law according to most scholars that corporations exist to maximize shareholder wealth Others maintain that the corporation should exist for the benefit of multiple constituencies regardless of what current black letter law may say The current discourse of corporate purpose however is incomplete and misleading The disarray has resulted from insufficient reliance on historical context in 1 analyzing the firm under modern theories of corporate governance and 2 interpreting the ÔÇ£purposeÔÇØ language in corporate charters and corporationlaw statutesModern …

Freedom Of Inheritance, Mark Glover

Faculty Articles

The donor is the primary decisionmaker regarding the distribution of her property after death as the law grants her broad freedom of disposition to decide what property should go to which donees The rationale underlying freedom of disposition is that the choices of individual donors produce results that maximize social welfare Policymakers are rightful skeptical that they can craft a mandatory estate plan that fits all situations or that probate courts can consistently and accurately access the merits of particular dispositions of property By contrast the donor is in the best position to evaluate her own specific circumstances and to …

The Knottiest Problem: Unraveling Arising Under Jurisdiction In Copyright Cases, Zoe Niesel, Bethany A. Corbin

Faculty Articles

No abstract provided.

Probate-Error Costs, Mark Glover

Faculty Articles

Because a will's authenticity is never certain probate courts sometimes make incorrect determinations regarding whether a purported will is a genuine expression of the decedent's intent When the court incorrectly admits an inauthentic will to probate a falsepositive outcome occurs Conversely when the court incorrectly denies probate of an authentic will a falsenegative outcome occurs Because falsepositive outcomes grant probate of inauthentic wills and falsenegative outcomes deny probate of authentic wills both can be characterized as ÔÇ£probate errorsÔÇØProbate errors are inevitable and consequently policymakers must decide how to balance the risk of falsepositive outcomes and falsenegative outcomes The conventional method …

Search For The Rare Decay D^{0}→Γγ At Belle, N. K. Nisar Et Al., D. Joffe

Faculty Articles

We search for the rare radiative decay D 0 → γγ using a data sample with an integrated luminosity of 832 fb−1 recorded by the Belle detector at the KEKB e +e − asymmetric-energy collider. We find no statistically significant signal and set an upper limit on the branching fraction of B(D 0 → γγ) < 8.5 × 10−7 at 90% confidence level. This is the most restrictive limit on the decay channel to date.

From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth-Century America, Timothy G. Kearley

Faculty Articles

This article describes how the classical past including Roman law and a classicsbased education influenced elite legal culture in the United States and universityeducated Americans into the twentieth century and helped to encourage Scott Blume and Pharr to labor for many years on their English translations of ancient Roman law

The Colorado River Revisited, Jason Anthony Robison

Faculty Articles

Fifty years ago former Stanford Law School Dean Charles Meyers published The Colorado River 19 STAN L REV 1 1966 arguably the most famous piece of legal scholarship ever written on this vital water source and the complex body of laws governing its flows ' colloquially the ÔÇ£Law of the RiverÔÇØ This piece and a companion The Colorado River The Treaty with Mexico 19 STAN L REV 367 1967 offered seminal accounts of the legal histories doctrinal features and unresolved perplexities of the Law of the River's international and interstate allocation framework Five decades later between thirtyfive and forty million …