Digital Commons Network^™

Plastics, Carbon, Politics, And Experimentation In Environmental Governance, Donald T. Hornstein

Faculty Publications

This Article analyzes two major international environmental negotiations that concluded in late 2024 and uses them to explore emerging directions in plastics policy, carbon markets, and experimental forms of environmental governance. It examines the redesign of global carbon offset markets following the adoption of Article 6 mechanisms at COP 29, highlighting how new international standards and domestic U.S. initiatives seek to address longstanding concerns about offset quality while insulating climate policy from drastic federal political swings. The Article then evaluates the failed Busan negotiations toward a global plastics treaty, explaining how disagreements over production caps, consensus procedures, and the complexity …

Winning By Losing: The Strategy Of Adverse Private Letter Rulings, Noah Hertz Marks

Faculty Publications

Every year, the Internal Revenue Service (IRS) issues hundreds of Private Letter Rulings (PLRs) responding to formal taxpayer inquiries about how tax law will apply to their proposed situations and transactions, which functionally bind the IRS with respect to the taxpayer. Although the Internal Revenue Code formally forbids relying on PLRs as precedent, taxpayers and practitioners closely monitor and structure their operations and advice around PLRs. Taxpayers can withdraw a PLR request at any time for any—or no—reason, and they generally know in advance whether the PLR will be favorable or adverse. Conventional wisdom assumes adverse PLRs should be extremely …

Civic Duties And Cultural Change, Daniel B. Rice

Faculty Publications

What duties do Americans owe the state? Today, this question seems almost incomprehensible. Compulsions in the common interest are received coolly in our rights-obsessed culture, and the Supreme Court has never announced a framework for identifying the burdens of citizenship. Yet the concept of civic duty has played a central role in America’s constitutional tradition. From shoveling snow to repairing roads to fighting overseas, private individuals have long been forced to serve the public in ways menial and profound. Strangely, the discourse of obligation that legitimated numerous compulsions has faded from professional view. Judges’ mawkish tributes to liberty pay no …

Notice, Consent, And Choice-Of-Jurisdiction Clauses In The United States, John F. Coyle

Faculty Publications

Although choice-of-jurisdiction clauses are routinely enforced by courts in the United States, there are circumstances where they are subject to special scrutiny. One of these circumstances is when the party resisting the clause was not provided with proper notice as to the existence of the clause or the identity of the chosen jurisdiction. This Article first reviews the existing case law in this area and shows that while some U.S. courts have refused to enforce clauses for lack of notice, others do so as a matter of course. It then discusses several decisions where U.S. courts have held that notice …

Temporal Network Analysis Of Comorbidities Among People With Hiv In South Carolina, Yunqing Ma, Matthew Lohman Ph.D., Monique J. Brown Ph.D., Mph, Yichen Li, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Jiajia Zhang Ph.D.

Faculty Publications

Introduction: People with HIV experience a high rate of comorbidities that can complicate their health outcomes. Understanding the prevalence, interrelationships and temporal development of these comorbidities is crucial for improving health management and quality of life for people with HIV. Methods: We used a population-based cohort extracted from statewide electronic health record (EHR) data in South Carolina (SC), including 18 649 people with HIV who survived at least 1 year after HIV diagnosis between January 1, 2005, and December 31, 2020. Comorbidities and organ systems were classified using ICD-10 codes. Network analysis was performed to assess the closeness centrality among …

Five Prairie Reflections On Reviving Rural America, Hannah Haksgaard, Sean Kammer, Travis L. Letellier

Faculty Publications

This Essay offers five reflections on Ann E. Eisenberg’s book Reviving Rural America: Toward Policies for Resilience. Each reflection approaches the book from the positionality of writing from rural America, specifically the prairies of South Dakota. Collectively, the reflections cover the politics of voting in a red rural state, policies of local municipal government, the central economic principles in the book, the presence of energy production in rural America, and environmentalism’s relevancy and impact.

Assessing The Past And Future Of Article Iii, Section 12 Of The South Dakota Constitution, Neil Fulton, Madison Gosch

Faculty Publications

The framers of South Dakota’s Constitution feared corruption among public officials. This inspired them to implement structural checks on corruption in that organic document. One result of that effort was Article III, Section 12. That provision prohibited legislators from entering contracts authorized during their term. It further prohibited legislators from occupying other public offices during the legislative service or being appointed to offices created or given increased compensation during their term. The expansion of state government’s reach over time and a recent reinterpretation of Article III, Section 12 raises the question of how well it aligns with current circumstances. This …

Workplace Retaliation And The Intersection Of Protected Conduct And Job Performance, Chris Schmidt

Faculty Publications

No abstract provided.

Reevaluating South Dakota's Child Support Deduction: Balancing Retirement Contributions And Children's Needs, Marilyn Trefz

Faculty Publications

This article explores how South Dakota’s child support provisions, particularly the 10% allowable deduction for voluntary retirement contributions from parents’ gross income, affect the fair distribution of financial responsibilities between parents. By exploring the historical context and evolution of this statute, this article highlights the challenges and disparities the 10% deduction creates, particularly for custodial parents living in poverty. Through a comparative analysis with other states and a discussion on balancing retirement savings with child support needs, the article argues for reconsideration of the statutory allowance. The article’s aim is to ensure that the next revision of the child support …

Mapping Glams: Creating A National Dataset Of Glams To Develop A Categorical Climate-Change Risk Assessment Scale, Edward Benoitiii, Jill Trepanier, Jennifer Vanos, Emily Fisher, Kaitlyn Bailey, Annie Waddell, Haley Moore, Mandy Hatman, Mary Sidwell, Symonne Russell, Virginia Seger, Paige Boutte, Amanda Latta, Zoe Mohammad, Kyriel Felton, Erin Deliman, Breanna Benson-Pearce, Wendy Johnson, Allyson Russell, Baillie Pretzer, Christopher Reeder, Melissa Mcconnell, Lisa Dahlke, Kaitlynn Melear, Lillian Bodi, Savannah T. Lyle, Zach Lannes, Gwen L. Wells, Benjamin A. Teincuff, Jason M. Straight, Tiffany Rockwell, Shane T. Manthei, Jennifer L. Benner

Faculty Publications

Introduction. The PROTECCT-GLAM project aims to assess and address climate risks for U.S. galleries, libraries, archives, and museums (GLAMs). The project team began with creating a national dataset of GLAMs. Method. The project team used existing datasets that required different auditing and manipulation techniques to align its data. Following the data normalization, the master file included 77,960 entries. Analysis and Results. The project team used ArcGIS Pro to analyze a dataset of galleries, libraries, archives, and museums (GLAMs) for risk from sea level rise, finding 16,877 GLAMs within 30 kilometres of the U.S. coast, with California, New York, Maryland, Florida, …

An Early Web History Of Vaccine Skeptical Digital Rhetorics, Miles C. Coleman, Will Mari

Faculty Publications

Vaccine hesitancy is a public health threat stoked by vaccine skeptical rhetorics that circulate via the Web. While there is a body of work that studies the digital rhetorical tactics of vaccine skeptics, most of this work focuses on the Web rhetorics of the “Web 2.0” era, leaving the “Web 1.0” era relatively understudied and, in turn, foreclosing opportunities to look back before moving forward in the current moment. In efforts to yield glimpses into the antecedents of digital culture that have shaped contemporary vaccine skeptical discourses, in this article, we draw on systematically sourced website “snapshots” of vaccine skeptical …

Resilience And Resourcefulness: How Crisis Centers In Louisiana Adapted Services During Covid-19, Fanny Ramirez, Ashlyn Barclay, Rockia Harris

Faculty Publications

Purpose: This article examines how crisis centers in Louisiana, USA, adapted their direct care services during COVID-19 to continue helping survivors affected by violence. Organizational resilience theory serves as the project’s main theoretical framework. As such, we report on how community- and university-based crisis centers drew on principles of resilience and resourcefulness to adapt their direct care services (e.g., crafting normalcy, putting alternative logics to work) during this difficult time. Method: We draw on 21 in-depth interviews with upper-level administrators from organizations working in violence against women conducted during the summer of 2020. The interview transcripts yielded 184 single-spaced pages …

Scrutinizing Transgender Healthcare Bans Through Intersex Exceptions, Holning Lau, Barbara A. Fedders

Faculty Publications

Major professional medical organizations—for example, the American Academy of Pediatrics, American Medical Association, and Endocrine Society—consider gender-affirming care to be safe and, at times, essential for vulnerable transgender youth. Despite these benefits, 26 states have banned gender-affirming care for minors. Proponents of these bans raise concerns about potential medical harms, the irreversibility of treatments, and the adequacy of informed consent.

Every state ban includes an exception for so-called gender-normalizing surgeries, which are performed on intersex infants to conform their bodies to socially constructed expectations about the male/female binary. The procedures are rarely medically necessary, but proponents of the surgeries contend …

Rheological Characterization And Printability Of Sodium Alginate–Gelatin Hydrogel For 3d Cultures And Bioprinting, Mohan Kumar Dey, Ram V. Devireddy

Faculty Publications

The development of biocompatible hydrogels for 3D bioprinting is essential for creating functional tissue models and advancing preclinical drug testing. This study investigates the formulation, printability, mechanical properties, and biocompatibility of a novel Alg-Gel hydrogel blend (alginate and gelatin) for use in extrusion-based 3D bioprinting. A range of hydrogel compositions were evaluated for their rheological behavior, including shear-thinning properties, storage modulus, and compressive modulus, which are crucial for maintaining structural integrity during printing and supporting cell viability. The printability assessment of the 7% alginate–8% gelatin hydrogel demonstrated that the 27T tapered needle achieved the highest normalized Printability Index (POInormalized = …

International Society Of Sports Nutrition Position Stand: Β-Hydroxy-Β-Methylbutyrate (Hmb), John A. Rathmacher, Lisa M. Pitchford, Jeffrey R. Stout, Jeremy R. Townsend, Ralf Jäger, Richard B. Kreider, Bill I. Campbell, Chad M. Kerksick, Patrick S. Harty, Darren G. Candow, Brandon M. Roberts, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Douglas S. Kalman, Jose Antonio

Faculty Publications

Position Statement: The International Society of Sports Nutrition (ISSN) bases the following position stand on an analysis of the literature regarding the effects of β-Hydroxy-β-Methylbutyrate (HMB). The following 12 points have been approved by the Research Committee of the Society: 1. HMB is a metabolite of the amino acid leucine that is naturally produced in both humans and other animals. Two forms of HMB have been studied: Calcium HMB (HMB-Ca) and a free acid form of HMB (HMB-FA). HMB-FA appears to lead to increased appearance of HMB in the bloodstream when compared to HMB-Ca, though recent results are mixed. 2. …

Browsing Within An Academic Library, Holt Zaugg, Jillian Bunderson

Faculty Publications

Purpose – Browsing library resources is a method long used by researchers to expand their understanding of ill-defined projects and to have serendipitous research discoveries. This study sought to understand the browsing activities of students in an academic library. Design/methodology/approach – The study used two methods. First, a link to an online survey was posted on posters throughout the library inviting students to share their browsing experience. Second, library security officers (student employees) were asked to count the number of people browsing within the stacks as they conducted their hourly walk-throughs of the library. Browsing was broadly defined as anyone …

Wellness And The Tax Law, Leigh Z. Osofsky

Faculty Publications

The tax law has long provided extensive subsidies for “medical care.” These subsidies cost the government hundreds of billions of dollars a year. The definition of medical care, which is at the heart of these subsidies, originated many decades ago at a time when there was little to no conception of wellness.

Times have changed in the medical world. Medical science now emphasizes that wellness practices, like exercise, meditation, and social connection, have an important impact on physical as well as mental health, including by playing a significant role in preventing and treating disease. Under the tax statute, medical care …

Retrenchment By Division: The New Law And Politics Of Parental Rights, Mary Ziegler, Maxine Eichner, Naomi Cahn

Faculty Publications

For the past century, the Supreme Court has repeatedly affirmed the importance of parents’ rights to direct their children’s upbringing and education. Yet suddenly the rhetoric of parental rights is being used to ground a broad range of claims on issues such as what can be taught in public schools, when minors can access gender-affirming care, or who will be punished for helping minors travel for abortion care. Why have parental-rights claims surged so visibly in contemporary law and politics? And are all the new arguments made under the banner of parental rights equally rooted in constitutional precedent?

This Article …

Prosecuting Families, Anna Arons

Faculty Publications

Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government—family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense power, particularly over race–class subjugated communities. Yet even as scholarship on criminal prosecutors and on the family regulation system has proliferated, the role of family regulation prosecutors has gone underexamined and undertheorized.

This Article offers a critical examination of the role of these family regulation prosecutors. Drawing on a variety of primary …

Ban Cookie Banners: A Case Study In Tech Regulation, Kate Klonick

Faculty Publications

Few experiences on the modern internet are as universally reviled as the cookie banner. They clutter websites with pop-ups, interrupt user flow, make information harder to access, and demand repetitive, meaningless clicks. What was once heralded as a tool to advance individual autonomy and privacy has, in practice, become a daily annoyance that breeds cynicism with the very concept of consent itself. Cookie banners do not empower; they weary. They do not inform; they obscure. They do not prevent surveillance; they normalize it.

The tragedy of the cookie banner is that it embodies the best intentions but worst solutionism of …

The Whiteness Of Wealth & Black Student Loan Debt, Renee Nicole Allen

Faculty Publications

On June 30, 2023, to the dismay of many anxious borrowers, the Supreme Court held that the Secretary of Education did not have the authority to cancel roughly $430 billion in federal student loan balances, thus blocking President Biden’s plan for student loan forgiveness. Despite authority delegated to the Secretary to waive or modify provisions of the Education Act to ensure low-to-middle income borrowers were not placed in a worse financial position because of the COVID-19 national emergency, the Court rejected the forgiveness plan and borrowers resumed payments in October 2023. Anti-Black racism in federal law and policy have contributed …

Emergency Oversight, Catherine Baylin Duryea

Faculty Publications

This Article examines one of the most pressing questions in administrative law: How much judicial oversight should administrative agencies face during an emergency? This issue was particularly salient during the COVID epidemic, but it is not new. The Second World War saw a significant expansion and consolidation of the power of administrative agencies as well as experimentation with the appropriate oversight role for courts. This Article analyzes one such experiment: judicial oversight of agencies implementing wartime anti-inflationary measures, i.e., price controls and rationing. During the war, Congress created a specialized court, the Emergency Court of Appeals (ECA), to hear disputes …

Sffa V. Harvard: Racial Triangulation And The Invidious Myth Of Colorblindness, Philip Lee

Faculty Publications

(Excerpt)

In Students for Fair Admissions, Inc. (SFFA) v. President and Fellows of Harvard College, a case in which the Supreme Court ended the longstanding practice of race-conscious admissions in higher education, Asian Americans were used as a wedge between White people and non-Asian minorities to eradicate a mechanism that fostered greater racial diversity in student bodies in many highly selective institutions across the country. A majority of Supreme Court justices justified their decision in the name of “colorblindness.” However, the way the justices positioned Asian Americans against other people of color was not colorblind. It was consistent with …

Queers, Closets, And Corporate Governance, Darren Rosenblum

Faculty Publications

The past few years have seen several corporate diversity initiatives that include Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) people. In 2020, Nasdaq, the world’s second-largest stock exchange, and California, the largest state, both adopted rules to encourage board diversity for underrepresented groups, including LGBTQ+ people. Since that time, the Los Angeles Superior Court struck down California’s law, the Fifth Circuit invalidated Nasdaq’s rule, and the Trump administration initiated a slew of anti-Diversity Equity and Inclusion (DEI) and anti-LGBTQ+ measures. In the context of this sharp ideological turn, this Article attempts to step back and tackle a larger question: how can …

Studying Repeat Victimization: A Consideration Of Measurement Issues, Christi Metcalfe, Robert Brame, Tara E. Martin, Angela R. Gover

Faculty Publications

Decades of research have recognized the phenomenon of repeat victimization and its policy relevance. Although there are continuing efforts to explain the theoretical underpinnings of repeat victimization, there are still measurement-related issues that limit our understanding of the topic and ability to inform interventions, including varying operational definitions, data constraints, and sampling and nonsampling error. In this article, we review theoretical advances in the literature over the past decade, propose operationalizations that can foster greater consistency across studies, comprehensively assess the data constraints around commonly used public data sources to study repeat victimization, and empirically demonstrate how one of these …

Ready Or Not, The Deadline Is Coming! Getting Onboard With Accessible Course Content, Karen Edwards, Lena Pinkston

Faculty Publications

People with disabilities often have less engagement with and access to online resources (Lissitsa & Madar, 2018). Accordingly, the Department of Justice’s (DOJ) Final Rule (89 FR 31320, 2024) for Title II of the Americans with Disabilities Act of 1990 (ADA) requires many public educational institutions and others to comply with the Web Content Accessibility (WCAG) Guidelines Version 2.1 AA by April 24, 2026. Compliance officers and technology specialists across the country have been working to make sure institutional websites and apps meet the Guidelines. Despite spirited debate during the rulemaking process, the updated rule also requires instructional content within …

How Overcoming Linguistic Discrimination Benefits The World, Joseph A. Stanley, Lisa Morgan Johnson, Eve Okura Koller, Vashti Wai Yu Lee, Hallie Davidson, Valeria Prieto Hurtado, Sam Keddington, Hazel Mattson, Abigail Mueller, Sydney Jo Pederson, Maryn Perschon, Reese Rugg, Eliza Whiting

Faculty Publications

What is linguistic discrimination?

• Restricting access or opportunities based on speech (e.g., accent, pronunciation, grammatical system, tone or pitch)
• One of the last socially acceptable discriminatory practices in the international community
• A source of injustice that impacts many of God’s children every day

Linguistic discrimination is real! Here’s what it looks like…

In Healthcare:

• More questions about insurance coverage; later appointments (Wisniewski and Walker 2020)
• Lower access to mental health services (Kugelmass 2016)
• More referrals for speech therapy (Charity Hudley et. al. 2018)

In Education:

• Students receiving negative judgments from teachers (Bowie & Bond 1994; Cecil 1988; Wheeler 2019)
• Teachers …

Longitudinal Viral Load Clustering For People With Hiv Using Functional Principal Component Analysis, Yunqing Ma, Xueying Yang Ph.D., Jiayang Xiao, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Jiajia Zhang Ph.D.

Faculty Publications

Background: Longitudinal measures of viral load (VL) are critical in monitoring the HIV status. While multiple lab indicators exist for monitoring measures of VL, research on clustering historical/longitudinal VL measures is limited. Analyzing longitudinal VL patterns rather than aggregated measures offers deeper insights into HIV status. This study uses functional data clustering to classify longitudinal VL patterns and characterize each cluster by demographics, comorbidities, social behaviors, and CD4 count.

Methods: Adult PWH diagnosed from 2005 to 2015 in South Carolina with a 5-year minimum follow-up were included. We compared functional principal component analysis (FPCA), K-means, hierarchical clustering, and Gaussian mixture …

Temporal Changes In Racial Disparities Of Hiv Linkage To Care From 2013 To 2020: A Statewide Cohort Analysis, Fanghui Shi, Katherine E. Weaver, Chen Zhang, Bankole Olatosi Ph.D., Jiajia Zhang Ph.D., Sharon Weissman, Xiaoming Li Ph.D., Xueying Yang

Faculty Publications

Background: Racial disparities have historically existed regarding HIV care outcomes, including linkage to care. This study aims to explore the contribution of contextual features (e.g., socioeconomic and structural environmental factors) to the temporal change of county-level racial disparities in linkage to care.

Methods: This is a statewide population-based retrospective cohort study. The patient-level variables in the South Carolina HIV registry system were used to calculate the aggregated county-level linkage to care percentage. Then, we used four indices to measure racial disparities in the county-level percentage of timely linkage to care, i.e., the Black-White ratio, index of disparity (ID), weighted ID, …

Harnessing Big Heterogeneous Data To Evaluate The Potential Impact Of Hiv Responses Among Key Populations In Sub-Saharan Africa: Protocol For The Boloka Data Repository Initiative, Refilwe Nancy Phaswana Mafuya, Edith Phalane, Amrita Rao, Kalai Willis, Katherine Rucinski, K. Alida Voet, Amal Abdulrahman, Claris Siyamayambo, Betty Sebati, Mohlago Seloka, Musa Jaiteh, Lerato Lucia Olifant, Katharine Journeay, Haley Sisel, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Neset Hikmet, Prashant Duhoon, Francois Wolmarans, Yegnanew A. Shiferaw, Lifutso Motsieloa, Mashudu Rampilo, Stefan Baral

Faculty Publications

Background: In South Africa, there is no centralized HIV surveillance system where key populations (KPs) data, including gay men and other men who have sex with men, female sex workers, transgender persons, people who use drugs, and incarcerated persons, are stored in South Africa despite being on higher risk of HIV acquisition and transmission than the general population. Data on KPs are being collected on a smaller scale by numerous stakeholders and managed in silos. There exists an opportunity to harness a variety of data, such as empirical, contextual, observational, and programmatic data, for evaluating the potential impact of HIV …