Digital Commons Network^™

Preparing For The Apocalypse: A Multi-Prong Proposal To Develop Countermeasures For Biological, Chemical, Radiological, And Nuclear Threats, Constance E. Bagley, Anat Alon-Beck

Faculty Publications

The false alarm of an Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nation-wide integrated defense of health countermeasures initiative (“DHCI”), which is a multi-prong program to create a defensive triad comprising government, private industry, and academia to develop countermeasures for health threats posed by biological, chemical, radiological, and nuclear (“BCRN”) attacks. Key elements of our multi-faceted proposal include the use of the government’s Other Transaction Authority to simplify procurement arrangements, the …

Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman

Faculty Publications

This chapter explores the benefits and limitations of personal health records (PHRs) as a tool to promote transparency in health care. A PHR can be defined as “an electronic application through which individuals can access, manage and share their health information . . . in a private, secure, and confidential environment.” PHRs can enhance efficiency, communication, data accuracy, and health outcomes. At the same time, they can disrupt the physician-patient relationship and raise liability concerns. For example, PHRs may induce patients and physicians to rely on electronic communication when office visits would be far more appropriate. The chapter analyzes the …

Big Data Analytics: What Can Go Wrong, Sharona Hoffman

Faculty Publications

It is not uncommon to read that long-held beliefs about medical treatments have been dislodged by new studies. For example, there is now doubt as to whether women should undergo annual mammograms, previously a cornerstone of cancer screening. Hormone replacement therapy for menopausal women, once considered highly suspect in light of worrisome research findings, is now being reconsidered as a beneficial therapy. These reversals trouble and confuse many Americans.

This Article explores why medical research findings can be erroneous and what can go wrong in the process of designing and conducting research studies. It provides readers with essential analytical tools …

Complementary Authority And The One-Way Ratchet: Ecosystem Services Property, Regulation, And Wildlife Conservation, Kalyani Robbins

Faculty Publications

Due to the priorities of the Trump Administration, which are not a great match with those of the conservation community, we find ourselves in a period of rollbacks for all kinds of environmental regulation, including the protection of wildlife. When the federal government fails to adequately regulate, we look to other sources of authority to fill that gap. The first and most obvious place to look is to state and local governments. They are our best hope to avoid hemorrhaging vulnerable species during this presidency. Alas, looking at the realities of state wildlife conservation laws, we see the gaps remain. …

Endocide-Induced Abnormal Growth Forms Of Invasive Giant Salvinia (Salvinia Molesta), Shiyou Li, Ping Wang, Zushang Su, Emily Lozano, Olivia Lamaster, Jason Grogan, Yuhui Weng, Thomas Decker, John Findeisen, Monica Mcgarrity

Faculty Publications

Giant salvinia (Salvinia molesta) is one of the most noxious invasive species in the world. The fern is known to have primary, secondary, and tertiary growth forms, which are also commonly hypothesized as growth stages. The identification of these forms is primarily based on the size and folding status of the floating leaves. However, we identified 12 forms in the greenhouse and the field. Our experiments showed that the folding of floating leaves is a reversible trait dependent on water access. The floating leaves quickly fold in response to water shortage, reducing water loss and needs, decreasing growth, …

Food Habits Of Sympatric Pitvipers From The West Gulf Coastal Plain, Usa, Christopher M. Schalk, Toni Trees, Joshua B. Pierce, D. Craig Rudolph

Faculty Publications

Widespread species that occupy multiple communities exhibit geographic variation in their natural history due to the ecological context of the local community. An animal’s food habitats are a central component to understanding its natural history and ecological role within its community—information that is critical to understanding resource needs of a species, mechanisms of species coexistence, and energy flow in food webs (Litvaitis 2000; Schalk et al. 2014). This information is also crucial for predicting the response of populations to changes in resource availability and, if necessary, inform mitigation strategies (Holycross and Mackessy 2002)

Ubiquitous Emotion Analytics And How We Feel Today, Susan Currie Sivek

Faculty Publications

Emotions are complicated. Humans feel deeply, and it can be hard to bring clarity to those depths, to communicate about feelings, or to understand others’ emotional states. Indeed, this emotional confusion is one of the biggest challenges of deciphering our humanity. However, a kind of hope might be on the horizon, in the form of emotion analytics: computerized tools for recognizing and responding to emotion. This analysis explores how emotion analytics may reflect the current status of humans’ regard for emotion. Emotion need no longer be a human sense of vague, indefinable feelings; instead, emotion is in the process of …

Both Facts And Feelings: Emotion And News Literacy, Susan Currie Sivek

Faculty Publications

News literacy education has long focused on the significance of facts, sourcing, and verifiability. While these are critical aspects of news, rapidly developing emotion analytics technologies intended to respond to and even alter digital news audiences’ emotions also demand that we pay greater attention to the role of emotion in news consumption. This essay explores the role of emotion in the “fake news” phenomenon and the implementation of emotion analytics tools in news distribution. I examine the function of emotion in news consumption and the status of emotion within existing news literacy training programs. Finally, I offer suggestions for addressing …

Data Linkage Discovery Applications, Richard S. Segall, Shen Lu

Faculty Publications

This chapter discusses the topic of linkage discovery for data and their applications. This chapter enhances a previous study by the authors and includes additional references that pertain to applications of linkage discovery not requiring a glossary framework.

Reversing Wetland Death From 35,000 Cuts: Opportunities To Restore Louisiana's Dredged Canals, R. Eugene Turner, G Mcclenachan

Faculty Publications

We determined the number of permits for oil and gas activities in 14 coastal Louisiana parishes from 1900 to 2017, compared them to land loss on this coast, and estimated their restoration potential. A total of 76,247 oil and gas recovery wells were permitted, of which 35,163 (46%) were on land (as of 2010) and 27,483 of which are officially abandoned. There is a direct spatial and temporal relationship between the number of these permits and land loss, attributable to the above and belowground changes in hydrology resulting from the dredged material levees placed parallel to the canal (spoil banks). …

An Estuarine-Tuned Quasi-Analytical Algorithm (Qaa-V): Assessment And Application To Satellite Estimates Of Spm In Galveston Bay Following Hurricane Harvey, I.D. Joshi, E.J. D'Sa

Faculty Publications

No abstract provided.

Declining Oxygen In The Global Ocean And Coastal Waters, D. Breitburg, L.A. Levin, A. Oschlies, M. Grégoire, F.P. Chavez, D.J. Conley, V. Garçon, D. Gilbert, D. Gutiérrez, K. Isensee, G.S. Jacinto, K.E. Limburg, I. Montes, S.W.A. Naqvi, G.C. Pitcher, N.N. Rabalais, M.R. Roman, K.A. Rose, B.A. Seibel, M. Telszewski, M. Yasuhara, J. Zhang

Faculty Publications

No abstract provided.

Impact Of Seabed Resuspension On Oxygen And Nitrogen Dynamics In The Northern Gulf Of Mexico: A Numerical Modeling Study, J.M. Moriarty, C.K. Harris, M.A.M. Friedrichs, K. Fennel, K. Xu

Faculty Publications

No abstract provided.

Invisible Stripes: The Problem Of Youth Criminal Records, Judith G. Mcmullen

Faculty Publications

It is common knowledge in American society that persons who have criminal records will have a more difficult path to obtaining legitimate employment. Similarly, conventional wisdom acknowledges the unfortunate fact that young people, on average, are more prone to engage in risky, impulsive, and other ill-advised behavior that might result in brushes with law enforcement authorities. This article addresses the difficult situation faced by people whose now disabling criminal records were attained while they were under the age of 21. Not only do such individuals face stigma and possible discrimination from potential employers, the efforts of today’s young people to …

The U.S. Nuclear Waste Impasse: Transportation Implications, Robin M. Rotman, Michael F. Mcbride

Faculty Publications

For several years there has been an impasse, in the political branches, over how to make progress on dealing with the intractable problem of nuclear waste disposal in the United States. Currently, over 120 sites, spread across 39 states, host commercial spent fuel—many of these sites are former reactors that have become de facto interim nuclear waste storage sites, pending a permanent solution. Transportation considerations are central in this discussion. With the potential for Congress to make progress on this issue following the 2018 midterm elections, this article reviews the potential paths forward and considers possible implications for the transportation …

Do Discretionary Religious Exemptions Violate The Establishment Clause, Carl H. Esbeck

Faculty Publications

The Establishment Clause is not violated when government enacts regulatory or tax legislation but provides, concerning these burdens, an exemption for those holding conflicting religious beliefs and practices. Such accommodations are at the discretion of a legislature and have as their purpose to ameliorate hardships borne by religious minorities and other dissenters who find themselves out of step with the prevailing social or legal culture. Statutory religious exemptions are commonplace in this nation where there is a long and venerable tradition of religious tolerance toward our neighbors, as well as those who have made their way to America to escape …

Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility, Paul J. Litton

Faculty Publications

Traumatic brain injury (TBI), particularly in severe cases, can have such extraordinary effects on one's psychological capacities that it may be relevant to many kinds of legal claims in criminal proceedings. The focus of this essay is on claims related to an agent's status as a responsible agent. In other words, this essay will discuss the relationship between traumatic brain injury and claims that an individual does not have the capacities required to be fairly held accountable for wrongful actions. The law may hold most adults fully responsible for their crimes, but it may not hold responsible young children and …

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben L. Trachtenberg

Faculty Publications

In the tradition of legal narrative and storytelling, this Article explores how the University of Missouri managed to fare so badly after students began protesting during the fall of 2015. It draws upon both public sources and the author's own observations as a faculty leader. The Article reviews the details and context of the Missouri protests and then presents a case study of crisis management and conflict resolution gone awry. Applying observations about higher education policy and administration to the phenomenon of student protests - particularly those related to race - the Article identifies potential pitfalls for university administrators and …

Social License To Regulate: Consumer-Producer Collusion And Related Policy Risks For Consumer-Facing Regulation, Nathan D. Richardson

Faculty Publications

Used a gas can recently? If not, prepare for a surprise—they’ve become harder to use due to government-mandated design changes aimed at reducing air pollution. Faced with persistent environmental and other challenges, government regulators have increasingly turned to similar regulations on consumer products. But these consumer-facing regulations create new policy and political problems for regulators, different from those associated with traditional industry-facing regulation. This paper looks in depth at three case studies of consumer-facing regulation: emissions controls on gas cans, efficiency standards for light bulbs, and European vehicle fuel economy standards. In each case, there is strong evidence for widespread …

Centralized Review Of Tax Regulations, Clinton G. Wallace

Faculty Publications

Centralized oversight of agency policymaking and spending by the President’s Office of Management and Budget is a hallmark of the modern administrative state. But tax regulations have almost never been subject to centralized review. The Trump administration recently proposed to require centralized review of tax regulations, but it is unclear what regulations would be subject to such review or how it would be conducted.

This Article examines the normative desirability of the longstanding approach of exempting tax regulations from centralized review, and the alternative of imposing such review. Scholars and policymakers have provided various incomplete justifications for excepting tax policy …

Serving Up Allergy Labeling: Mitigating Food Allergen Risks In Restaurants, Marie C. Boyd

Faculty Publications

Allergens in restaurant food cause many allergic reactions and deaths. Yet no federal, state, or local law adequately protects people from these harms. Although federal law requires the labeling of “major food allergens” in packaged food, there are no allergen labeling requirements for restaurant-type food. In addition, existing food safety requirements for restaurants are inadequate to prevent allergen cross contact.

The existing legal scholarship on food allergens in restaurants is limited. Much of the legal scholarship on labeling in restaurants focuses on menu labeling — the provision of calorie and other nutrition information to combat obesity. The requirements of Section …

The Privacy Of The Public School, Emily Suski

Faculty Publications

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …

The Privacy Of The Public School, Emily Suski

Faculty Publications

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …

Electricity Markets And The Social Project Of Decarbonization, Shelley Welton

Faculty Publications

Decarbonization is the process of converting our economy from one that runs predominantly on energy derived from fossil fuels to one that runs almost exclusively on clean, carbon-free energy. If pursued on the scale that experts believe necessary to prevent dangerous climate change, the infrastructure changes required to decarbonize the United States will have significant social and cultural implications. States aggressively pursuing decarbonization have adopted policies reflecting their under-standing that decarbonization is a social project implicating numerous value choices. Various state decarbonization policies combine the aim of decarbonization with job promotion, economic development, income redistribution, urban revitalization, open-space preservation, and …

The "Publicization" Of Private Space, Sarah B. Schindler

Faculty Publications

Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …

Environmens Rea, Anthony Moffa

Faculty Publications

Many policymakers remain blind to the moral implications of environmental harm caused by government action (or inaction) and have not adequately considered how criminal law deals with similar immoral behavior in other contexts. Building from Lisa Heinzerling’s thought-provoking essay Knowing Killing and Environmental Law, this article considers the possibility of criminal culpability for environmental policy decisions and the implications of that potential culpability for decision-making and communication. It builds from the premise that morality and law universally condemn the knowing killing of other human beings. It matters not that the identities of the dead are unknown. What matters from the …

A Solution In Search Of A Problem At The Biologics Frontier, Erika Lietzan

Faculty Publications

This short paper comments on Professor Carrier's new article, Biologics: The New Antitrust Frontier. His article makes a profound initial contribution to a new area of scholarship, based on a large body of prior work considering antitrust issues relating to small molecule drugs. But Professor Carrier’s article, like my own forthcoming piece on innovation and competition in the biologics marketplace, is inherently speculative. We are making our best judgments about the nature of a still emerging marketplace and likely conduct in that marketplace, based on our understandings of a new regulatory framework that is itself still emerging, the broader legal …

Alcoholic And Nonalcoholic Parents’ Orientations Toward Conformity And Conversation As Predictors Of Attachment And Psychological Well-Being For Adult Children Of Alcoholics, Marie Haverfield, Jennifer Theiss

Faculty Publications

Alcoholism is a family illness that has implications for the physical, emotional, and psychological well-being of the spouse and children of individuals with alcoholism (Johnson & Stone, 2009). One in four families in the United States is affected by alcoholism (Grant, 2000), with approximately 26.8 million children growing up with a parent with alcoholism (Alcohol and Drug Programs [ADP], 2007). Children of parents with alcoholism tend to experience more frequent depression and struggle to develop healthy intimate relationships when compared to children of parents without alcoholism (Drejer, Theikjaard, Teasedale, Schulsinger, & Goodwin, 1985). Adult children of alcoholics (ACoA) who had …

The History And Political Economy Of The Hatch-Waxman Amendments, Erika Lietzan

Faculty Publications

Reform of the Hatch–Waxman generic drug framework is in the air. Scholars, consumer advocacy groups, regulated industry, and policymakers are engaged in heated debate about perceived shortcomings in the scheme, flaws, and unexpected loopholes. Changes in how the U.S. Food and Drug Administration (FDA) implements the law, as well as changes to the law itself, are under serious consideration. These policymaking discussions take place against a backdrop of shared assumptions about the origins and nature of the original Hatch–Waxman legislation — assumptions that this Article claims are wrong. Convention wisdom holds that the Hatch–Waxman legislation was a delicate compromise privately …