Digital Commons Network^™

The Havoc Death Wreaks: Civil Rights Challenges To Capital Punishment, Bailey D. Barnes

Faculty Publications

Following a per curium opinion that banned the imposition of capital punishment because it violated the Eighth Amendment, as made applicable to the states through the Fourteenth Amendment, United States Supreme Court Justice Thurgood Marshall offered a unique criticism of capital punishment. Justice Marshall, an iconic civil rights litigator prior to his confirmation to the Court, stated, "[T]he death penalty wreaks havoc with our entire criminal justice system." Similarly, sometime in the late 1950s, Associate Justice Robert H. Jackson reportedly said that capital punishment "completely bitches up the criminal law." In essence, both Justices were asserting that the death penalty …

A Qualitative Report Of The Perceptions Of The Covid-19 Pandemic From Collegiate Student-Athletes, Dylan C. Rowe, Zachary K. Winkelmann, Shawn M. Arent, Michelle A. Arent, Alexa J. Chandler, Nancy A. Uriegas, Toni M. Torres-Mcgehee

Faculty Publications

CONTEXT: The COVID-19 pandemic led to an abrupt disruption in access to services and personnel for collegiate student-athletes in the spring and summer of 2020. We sought to identify the effects of this unprecedented change by examining the psychological well-being, changes to normal routines, and return-to-play considerations of current student-athletes in order to guide support for both current and future student-athletes who may face similar situations. METHODS: We utilized a phenomenological approach to interview a purposeful sample of eighteen collegiate student-athletes (7 males, 11 females; mean age = 20 years) from across the United States. The participants were interviewed using …

Parent Zero, Jessica Feinberg

Faculty Publications

When a child is born, the law makes a critical determination regarding who will be recognized as the child’s legal parent(s). This determination carries immense importance both for children and for individuals who are, or seek to be, identified as legal parents. Essential rights, protections, and obligations attach to a legally recognized parent-child relationship, and in the vast majority of cases an individual who is recognized at birth as a child’s legal parent will retain that status permanently. The determination of the child’s first legal parent historically has been a straightforward one, and this largely remains true today outside of …

Constitutional Authority, Common Resources, And The Climate, Anthony L. Moffa

Faculty Publications

This work sets out to re-examine and challenge the history of the property clause with an eye towards increased congressional reliance on it in the face of daunting threats to our natural environment. No one could seriously question the primary motivations of the Framers, but that does not foreclose the importance of searching for secondary motivations that deepen our understanding of arguably the Constitution’s most explicitly environmental provision. Eugene Gaetke’s work in the 1980’s and Peter Appel’s work twenty years later laid the groundwork for the argument here by pushing back on the originalist argument for a narrow interpretation of …

Arctic Navigation And Climate Change: Projections From Science For The Law Of The Sea, Charles H. Norchi, Amanda H. Lynch

Faculty Publications

Above latitude 66°33’44” north of the Equator lies the Arctic Circle. The center of the Circle is water, mostly covered by ice. The smallest of the world’s five oceans, it has been paddled, sailed, and traversed over centu-ries—to access its abundant resources, to reach the magnetic north pole, to discover routes connecting the Atlantic and Pacific Oceans, to expand sci-entific knowledge, to live, to discover, and to conquer. Peoples indigenous to the Arctic have long thrived in the lands and near-shore environments that bound the ocean.

By the age of European exploration of the Arctic, the 1648 Peace of Westphalia …

Foundations Of Online Learning: Challenges And Opportunities, Christine Greenhow, Charles R. Graham, Matthew J. Koehler

Faculty Publications

Online learning—learning that involves interactions that are mediated through using digital, typically internet-based, technology—is pervasive, multi-faceted, and evolving, creating opportunities and challenges for educational research in the wake of the COVID-19 pandemic. In this special issue, we advance an interdisciplinary agenda for online learning research at the intersection of educational technology, educational psychology, and the learning sciences. In this first article in the issue, we define online learning including its variants, review historical and current contexts, explore its multidimensionality, and assert key issues shaping contemporary online learning. We propose five important lenses: community, engagement, pedagogy, equity, and design-based research, through …

Durability Of Vacuum Infusion Tooling Produced From Fused Granular Fabrication Additive Manufacturing, Nathan Northrup, Jason Weaver, Andy R. George

Faculty Publications

Large area additive manufacturing (LAAM) has the capability to create tooling that is lower cost than conventionally manufactured tooling and still has sufficient properties for many applications. A vacuum infusion mold was printed from fiberglass-ABS and evaluated for wear and suitability for small vacuum infusion runs. The mold was designed to accentuate high wear as a “worst case” scenario. The mold was able to produce 10 parts successfully before any noticeable change occurred to the surface finish. By 14 parts, the surface finish had roughened sufficiently that demolding was difficult and resulted in damage to the part. Profilometry measurements showed …

A Simple Approach To Better Distinguish Real Earnings Manipulation From Strategy Changes, Theodore E. Christensen, Adrienna Huffman, Melissa F. Lewis-Western, Kristen Valentine

Faculty Publications

Researchers typically infer real earnings management when a firm’s operating and investing activities differ from industry norms. A significant problem with classifying deviations from industry averages as myopic earnings management is that companies can change their operating and investing decisions for strategic business reasons rather than to mislead stakeholders. Using principal components analysis, we systematically evaluate existing measures and develop a comprehensive real activities measure to better capture earnings manipulation. Our measure reflects (i) deviations from industry averages across multiple activities and (ii) other signals of manipulation. This approach is promising because, although there are many sources of abnormal activities, …

Publication Benchmarking Data Based On Faculty Promoted At The Top 200 Worldwide Accounting Research Institutions, Jared S. Moon, Scott L. Summers, Nathan J. Waddoups, David A. Wood

Faculty Publications

The primary purpose of this paper is to update and extend past promotion benchmarking studies. We update prior benchmarking studies by providing publication benchmarking data for faculty promoted between 2013 and 2019, inclusive. We extend prior benchmarking studies by evaluating a larger number of institutions (the top 200 worldwide accounting institutions), using a more global journal list, and providing sensitivity analyses between journal lists. We group institutions based on rankings and report a possible minimum publication hurdle for each group in each journal category. In addition, we provide data on the mix, or percentage, of publications in each journal category …

Brokerage House Ipos And Analyst Forecast Quality, Mark Bradshaw, Michael S. Drake, Joseph Pacelli, Brady Twedt

Faculty Publications

We examine how brokerage firm IPOs influence the research quality of sell-side analysts employed by the brokerage. Our main results focus on earnings forecast bias and absolute forecast errors as proxies for research quality. Using a staggered difference-in-differences analysis, we document significant decreases in forecast bias and absolute forecast error during the two-year period centered on the analysts’ brokerage house IPO. In additional analyses, we explore several potential explanations for the short-term benefits of brokerage house IPOs. We find some evidence that IPOs delay the departure of more talented analysts and that the effects are more concentrated among analysts and …

Disability Diversity And Identity Capitalism, Nicole Buonocore Porter

Faculty Publications

I first read Professor Nancy Leong’s compelling book Identity Capitalists: The Powerful Insiders Who Exploit Diversity to Maintain Inequality when I was asked to provide a pre-publishing peer review. I was equal parts captivated and troubled by the numerous examples of identity capitalism (and its counterpart, identity entrepreneurialism) that I had never thought about, and perhaps even acquiesced in.

[...]

But in all honesty, I was troubled after my initial review of the manuscript because I had the sense that Leong was suggesting that diversity itself is bad, or at least that concentrating on diversity is bad. Upon my review …

The Clean Water Act At 50: Is The Act Obsolete?, Jonathan H. Adler

Faculty Publications

As an introduction to “The Clean Water Act at 50” symposium, this Article explores the question of statutory obsolescence in the particular context of the CWA. Part I considers the phenomenon of statutory obsolescence and what it means to say that a given statute is “obsolete.” Part II then evaluates the CWA, identifying the reasons one might conclude that the Act is (or is not) obsolete. Part III then considers what could be done about the CWA’s obsolescence if, in fact, one concludes it is obsolete.

This abstract has been taken from the author's introduction.

Rule 4(K), Nationwide Personal Jurisdiction, And The Civil Rules Advisory Committee: Lessons From Attempted Reform, A. Benjamin Spencer

Faculty Publications

On multiple occasions, I have advocated for a revision to Rule 4(k) of the Federal Rules of Civil Procedure that would disconnect personal jurisdiction in federal courts from the jurisdictional limits of their respective host states—to no avail. In this Essay, I will review—one final time—my argument for nationwide personal jurisdiction in the federal courts, recount my (failed) attempt to persuade the Advisory Committee on Civil Rules to embrace my view, and reflect on what lessons may be drawn from the experience regarding the civil rulemaking process. My aim is to prompt discussion around potential rulemaking reforms and to equip …

Don't Abolish Employee Noncompete Agreements, Alan J. Meese

Faculty Publications

For over three centuries, Anglo-American courts have assessed employee noncompete agreements under a Rule of Reason. Despite long-standing precedent, some now advocate banning all such agreements. These advocates contend that employers use superior bargaining power to impose such "contracts of adhesion," preventing employees from selling their labor to the highest bidder and reducing wages. Abolitionists also contend that such agreements cannot produce cognizable benefits and that employers could achieve any benefits via less restrictive alternatives without limiting employee autonomy.

This Article critiques the Abolitionist position. Arguments for banning noncompete agreements echo hostile critiques of other nonstandard contracts during antitrust law's …

Multiantenna Multisource Multirelay Spectrum Sharing Networks: Buffer-Aware Direct Link Activation For Higher Reliability And Lower Overhead, Omid M. Kandelusy, Nicholas J. Kirsch

Faculty Publications

Cooperative relaying can be implemented in spectrum sharing networks to extend the range of reliable communication. In this paper, we incorporate multiple-antenna technology and buffer-aided relaying to guarantee a highly reliable connectivity for the secondary network with several source nodes. The multi-antenna configuration for the sources and destination nodes suggests that there are several potential source-to- destination channels which can be auspicious for the network in two ways. First: to balance up the buffer states. Second: to expand the link selection opportunity at each time step. Motivated by this rationale, we propose a buffer-aware communication protocol to incorporate the direct …

The Fourth National Guardianship: An Introduction, David M. English

Faculty Publications

This issue of the Syracuse Law Review contains the proceedings of the Fourth National Guardianship Summit, an interdisciplinary online conference with some 125 participants which was held in May 2021 and hosted by the Syracuse University College of Law. In addition to this Introduction, this issue of the Law Review contains the Recommendations approved by the Summit attendees, and the articles prepared for the Summit. The theme of the Fourth Summit was Maximizing Autonomy and Ensuring Accountability. The Recommendations fit this theme, including Recommendations to enhance the rights of persons subject to guardianship, to improve and increase the use of …

New York's Requirements For Contractual Definiteness With Application To The Formation Of Investment Vehicles, Royce De R. Barondes

Faculty Publications

A review of 82 modern New York cases reveals an unexpected frequency of authority requiring contractual definiteness as to what may reasonably appear to be minor terms.
Illustrative are cases holding inadequately definite ordinary ways preliminary agreements may express compensation on a percentage of net basis. Other unexpected authority (i) is less willing than expected to allow subsequent actions to provide sufficient definiteness to initially indefinite agreements and (ii) denies the enforceability of confidentiality provisions and a right of first refusal.
The survey includes some unexpected support for contracts specifying a plausibly material portion of the consideration with inadequate definiteness …

Termination Of Parental Rights As A Private Remedy: Rationales, Realities, And Remedies, Deirdre M. Smith

Faculty Publications

Terminating a parent’s rights—a drastic measure—is commonly associated with public child welfare proceedings, where a state or county child protective services agency has removed a child from their home based on findings of abuse or neglect. In fact, state laws across the country also permit private individuals to petition a court to terminate another person’s parental rights. While private termination actions are not uncommon, there has been scant scholarly examination of these matters, their underlying purposes, and their role in contemporary family law. Termination of parental rights orders in any context interfere with parents’ fundamental constitutional rights, but parents in …

Courts As Auditors Of Legislation?, Daniel Pi, Giampaolo Frezza, Francesco Parisi

Faculty Publications

Sources of law vary greatly across geography and human history. Some legal systems identify democratic lawmaking with political deliberation, while others rely on judicial process and judge-made law. This Essay argues that the normative problem of determining a hierarchy of legal sources may be usefully understood in terms of mechanism design, and that legislation and judicial precedent operate complementarily. If the ultimate policy objective is to create legal rules that reflect the "will of the people," judge-made law can function as an audit on the rules promulgated by elected legislatures. The two sources of law, working in conjunction, thereby correct …

‘Big’ And ‘Little’ Quo Vadis? In The United States, 1913–1916: Using Gis To Map Rival Modes Of Feature Cinema During The Transitional Era, Jeffrey Klenotic

Faculty Publications

This article emanates from a geospatial database of over 600 premieres of the Cines company’s Quo Vadis? (1913), an eight-reel film distributed by George Kleine, and nearly 250 premieres of the Quo Vadis Film Company’s Quo Vadis? (1913), a three-reel film of ambiguous origins distributed by Paul De Outo. By mapping local premieres of both films across the United States from 1913 through 1916, the data show with spatiotemporal precision the spread of Quo Vadis? as one of cinema’s early blockbuster titles. Yet within this national phenomenon, the two films’ footprints reveal differing cultural geographies served by competing efforts to …

Advancing Data Literacy: Mapping Business Data Literacy Competencies To The Acrl Framework, Patricia B. Condon, Wendy G. Pothier

Faculty Publications

The relationship between data literacy and business librarianship continues to grow in relevance as the conversation intensifies in higher education and the business world. Establishing shared vocabularies and mappings to foundational library professional documents is essential to moving the discourse forward. This article presents a mapping between seven baseline business data literacy competencies and the ACRL Framework for Information Literacy for Higher Education.

A New Detection Of The Invasive Mexican Rice Borer (Lepidoptera: Crambidae) From Georgia In The United States Based On Morphological And Molecular Data, Ilgoo Kang, Blake Wilson, Blake Carter, Rodrigo Diaz

Faculty Publications

The Mexican rice borer, Eoreuma loftini (Dyar), is an invasive herbivore that attacks many gramineous host plants. The species is an economic pest of several grass crops in North America including sugarcane (Saccharum spp.), rice (Oryza sativa), corn (Zea mays), and sorghum (Sorghum bicolor). The species was first detected in the United States in 1980 and has since expanded its range eastward along the Gulf Coast reaching Louisiana in 2008. A disjointed introduction was detected in Florida in 2012, though range expansion of this population within the state has been limited. Most recently, a separate introduction was detected along the …

Context-Dependent Viral Transgenerational Immune Priming In Honey Bees (Hymenoptera: Apidae), Sarah Lang, Michael Simone-Finstrom, Kristen Healy

Faculty Publications

Transgenerational immune priming is the process of increased resistance to infection in offspring due to parental pathogen exposure. Honey bees (Apis mellifera L. (Hymenoptera: Apidae)) are hosts to multiple pathogens, and this complex immune function could help protect against overwhelming infection. Honey bees have demonstrated transgenerational immune priming for the bacterial pathogen Paenibacillus larvae; however, evidence for viral transgenerational immune priming is lacking across insects in general. Here we test for the presence of transgenerational immune priming in honey bees with Deformed wing virus (DWV) by injecting pupae from DWV-exposed queens and measuring virus titer and immune gene expression. Our …

A Longitudinal Investigation Of The Semantic Receptive-Expressive Gap In Spanish-English Bilingual Children, Todd A. Gibson, Elizabeth D. Peña, Lisa M. Bedore, Kevin S. Mccarter

Faculty Publications

Although a semantic receptive-expressive gap appears to be a universal feature of early bilingualism, little is known about its development. We sought to determine if the magnitude of the discrepancy between receptive and expressive standard scores changed over time in bilingual children’s two languages. In this longitudinal study, standardized receptive and expressive semantics tests of 106 Spanish-English bilingual children with TD were taken at kindergarten and first grade in both English and Spanish. We used a multivariate analysis approach to identify interactions and main effects. Although both receptive and expressive standard scores improved across the year in both languages, the …

Genetic And Stress Influences On The Prevalence Of Hypertension Among Hispanics/Latinos In The Hispanic Community Health Study/Study Of Latinos (Hchs/Sol), Liana K. Preudhomme, Marc D. Gellman, Nora Franceschini, Krista M. Perreira, Lindsay E. Fernández-Rhodes, Linda C. Gallo, Carmen R. Isasi, Sylvia Smoller, Sheila F. Castañeda, Martha Daviglus, Christina Hutten, Richard S. Cooper, Jianwen Cai, Neil Schneiderman, Maria M. Llabre

Faculty Publications

Purpose: The current study examined the effects of chronic stress and a genetic risk score on the presence of hypertension and elevated systolic blood pressure and diastolic blood pressure among Hispanics/Latinos in the target population of Hispanic Community Health Study/Study of Latinos. Materials and Methods: Of the participants (N = 11,623) assessed during two clinic visits (Visit 1 2008–2013 & Visit 2 2014–2018), we analysed data from 7,429 adults (50.4% female), aged 18–74, who were genotyped and responded to chronic stress questionnaires. We calculated an unweighted genetic risk score using blood pressure increasing single nucleotide polymorphisms (SNPs) found to be …

Effects Of Testing And Disclosing Ancestry-Specific Genetic Risk For Kidney Failure On Patients And Health Care Professionals: A Randomized Clinical Trial, Girish N. Nadkarni, Kezhen Fei, Michelle A. Ramos, Diane Hauser, Emilia Bagiella, Stephen B. Ellis, Saskia Sanderson, Stuart A. Scott, Tatiana Sabin, Ebony Madden, Richard Cooper, Martin Pollak, Neil Calman, Erwin P. Bottinger, Carol R. Horowitz

Faculty Publications

Importance: Risk variants in the apolipoprotein L1 (APOL1 [OMIM 603743]) gene on chromosome 22 are common in individuals of West African ancestry and confer increased risk of kidney failure for people with African ancestry and hypertension. Whether disclosing APOL1 genetic testing results to patients of African ancestry and their clinicians affects blood pressure, kidney disease screening, or patient behaviors is unknown. Objective: To determine the effects of testing and disclosing APOL1 genetic results to patients of African ancestry with hypertension and their clinicians. Design, Setting, and Participants: This pragmatic randomized clinical trial randomly assigned 2050 adults of African ancestry with …

Holistic Management Of Pollinators And Pests: Integrating Semiochemicals With On-Farm Pesticides, Olabimpe O. Okosun, Gadi V.P. Reddy

Faculty Publications

Insect pollinators and insect herbivores affect plant reproduction and fitness. Floral displays are used to attract and manipulate pollinators' behavior to support plant sexual reproduction while rewarding the visitors with access to nectar and pollen. The plant-pollinator interactions use various semiochemicals as important communication channels for successful species interaction networks. Floral display and scents can also attract insect herbivores (in which case they act as kairomones). Consequently, semiochemical-color-based traps used for monitoring pest insects in crop fields often accidentally capture pollinators, and these interactions simultaneously affect pest monitoring, pollinator assemblages, and crop production in agroecosystems. An integrated interdisciplinary approach that …

On The Need For New Measures Of Phylogenomic Support, Robert C. Thomson, Jeremy M. Brown

Faculty Publications

The scale of data sets used to infer phylogenies has grown dramatically in the last decades, providing researchers with an enormous amount of information with which to draw inferences about evolutionary history. However, standard approaches to assessing confidence in those inferences (e.g., nonparametric bootstrap proportions [BP] and Bayesian posterior probabilities [PPs]) are still deeply influenced by statistical procedures and frameworks that were developed when information was much more limited. These approaches largely quantify uncertainty caused by limited amounts of data, which is often vanishingly small with modern, genome-scale sequence data sets. As a consequence, today's phylogenomic studies routinely report near-complete …

Racial Discrimination And Hazardous Drinking Among Black Drinkers: The Role Of Social Anxiety In The Minority Stress Model, Julia D. Buckner, Nina I. Glover, Justin M. Shepherd, Michael J. Zvolensky

Faculty Publications

Objective: Black Americans who consume alcohol experience worse alcohol-related outcomes. Thus, identifying psycho-sociocultural factors that play a role in hazardous drinking among Black individuals is vital to informing prevention and treatment efforts to reduce these disparities. Racial discrimination is related to hazardous drinking among Black adults, suggesting that some may drink (and continue to drink despite drinking-related problems) to alleviate negative affect (e.g., depression, anxiety) associated with discrimination. Yet, despite the social nature of both racial discrimination and drinking, no known research has examined the role of social anxiety in the relations among racial discrimination experiences and hazardous drinking. Method: …

Going Virtual: Academic Conferences In The Age Of Covid-19, Leandro Rodriguez Medina, Wesley Shrum

Faculty Publications

In the context of the 2020 world pandemic of COVID-19, many professional and scientific associations have had to change the way that they gather and reorganize their scholarly conferences. For many of them, conferences are a main source of income and important occasions for business meetings and managerial decisions. Yet, with trips and face-to-face encounters banned, the opportunity arrived for going virtual and developing human and technical capacities to provide online environments for virtual conferences. In this article, we analyze the case of an e-conference co-organized by two international organizations at two levels: (a) the decision-making process and (b) the …