Digital Commons Network^™

From Myriad To Moderna: The Modern (Bio)Pharmaceutical Company, Ana Santos Rutschman

Faculty Publications

This Article examines the emergence of two modern pharmaceutical companies: Myriad and Moderna. After providing a brief background on each company, this Article contrasts them across the following areas: the technologies they have brought to market; their location; their start-up stages and the role that venture capital played in catalyzing their evolution from start-ups to large corporate structures; their relationships with other entities in the private sector, in academia and in the public sector; and their intellectual property and licensing strategies.

The Ethics Of Military Influence On Politics, Brenner M. Fissell

Faculty Publications

Military rule is common across the world, but this form of government is incompatible with the rule of law for various reasons. To prevent this, Western democracies such as the United States impose a strong norm of civilian supremacy over military officials. The most important role of this norm of “civilian control” in America today is to police the interventions of senior military officers’ influence in politics. While the standard position is that the military should be “apolitical,” this limitation does little work in helping senior officers understand permissible conduct, as nearly every issue confronting them will implicate matters of …

Modeling Inflation Expectations In Forward-Looking Interest Rate And Money Growth Rules, Zhengyang Chen, Victor J. Valcarcel

Faculty Publications

We propose a novel approach that directly embeds rational expectations (RE) into a low-dimensional structural vector autoregression (SVAR) without the need for any mapping to a dynamic stochastic general equilibrium (DSGE) model. Beginning from a fully specified “consensus” structural model, we establish an instrumental variable procedure internal to the SVAR to obtain RE-consistent structural responses to identified monetary policy shocks. Our RE-SVAR framework facilitates a comparison across two alternative monetary policy indicators that accommodate long horizons in the formation of inflation expectations in the policy rule. We construct clouds of responses of inflation and economic activity to monetary …

Adventist Education, Educational Attainment, Belief In The Spirit Of Prophecy: A Trifold Relationship, Safary Wa-Mbaleka, Karl Bailey

Faculty Publications

No abstract provided.

Episcopal Ordination And The Breaker Of Succession: Martin Luther And Nicolaus Von Amsdorf, Denis Kaiser

Faculty Publications

No abstract provided.

Phonotactic Behavior Of Male Cricket Acheta Domesticus In Relation To Age And Syllable Period, Dana Husana, Jessica Rim, David Mbungu, Benjamin Navia

Faculty Publications

No abstract provided.

Fiddler Crabs (Crustacea: Decapoda: Ocypodidae) From Coastal Ecuador And The Galápagos Islands: Species Descriptions And Dna Barcodes, Carl L. Thurman, John C. Mcnamara, Hsi-Te Shih, Mariana V. Capparelli

Faculty Publications

Neotropical regions near the equator are recognized as speciation “hot spots” reflecting their abundant biodiversity. In western South America, the coasts of Panama, Colombia, Ecuador, the Galápagos Archipelago, and northern Peru form the Tropical Eastern Pacific biome. This area has the greatest heterogeneity of sympatric fiddler crab species of any portion of the planet. Since the coastal fauna has not been assessed for almost 50 years, we studied fiddler crab species diversity in Ecuador and on the Galápagos Archipelago. Preserved collecting records for various species were examined at the U.S. National Museum of Natural History, Washington, DC, the American Museum …

A Textbook Equity Student Advisory Board, Karlee Colby, Anne Marie H. Gruber

Faculty Publications

Engaging college students in advocacy related to open educational resources (OER) is an important way to raise awareness and encourage OER adoption on campuses in higher education. The student perspective is vital to encouraging instructors and administrators to be responsive to student needs, concerns, and preferences related to course materials access, and to consider affordability and usage rights. This case study describes the library-facilitated Textbook Equity Student Advisory Board at the University of Northern Iowa, a medium-sized regional comprehensive university. The board serves as a two-way communication outlet between textbook equity campus leaders and students, including student government. This article …

Cfl Learners’ Real-Time Processing Of Chinese Radicals: An Eye-Tracking Study, Yihsuan Wood, Jeffrey Jack Green, Ellen Knell, Yu Liu

Faculty Publications

This study used eye-tracking to investigate the real-time processing of phonetic and semantic radicals (components of Chinese characters that give clues to their pronunciation and meaning) by intermediate-level university Chinese foreign language (CFL) learners. Additionally, the study examined how knowledge and awareness of radicals affect real time character processing. Real-time radical processing involves identifying radicals and understanding their phonetic or semantic roles, while real-time character processing includes recognizing radicals and instantly comprehending entire characters’ meanings and pronunciations. This study’s first task focuses on radical processing, where CFL learners use radical knowledge to interpret multiple characters simultaneously. The second task extends …

The Marginal Value Of Public Pension Wealth: Evidence From Border House Prices, Darren Aiello, Asaf Bernstein, Mahyar Kargar, Ryan Lewis, Michael Schwert

Faculty Publications

We study how state pension windfalls affect property prices near state borders, where theory suggests real estate reflects the value of additional public resources. Windfalls, representing a source of state revenue about half the size of total taxes, provide economically significant and plausibly exogenous variation in fiscal conditions. We find that each dollar of pension asset returns increases border house prices by approximately two dollars, suggesting that governments allocate additional funds towards high-value projects or tax abatement rather than wasting incremental resources. Evidence of larger effects in financially constrained municipalities highlights how fiscal resources amplify welfare effects of economic shocks.

Sealed Justice: Federal Courts' Inconsistent Record-Sealing Rules And Their Impact On Judicial Transparency, David S. Ardia

Faculty Publications

Public access to court records is a cornerstone of democratic governance, enabling public oversight of the judiciary and fostering confidence in the rule of law. Despite a strong presumption in favor of openness under both the First Amendment and common law, the sealing of federal court records has become widespread, often with minimal judicial scrutiny. Re-cent investigations have revealed that excessive court secrecy shields government and corporate misconduct, conceals vital public-safety information, and erodes public confidence in the courts.

This Article presents the first comprehensive analysis of the local rules governing sealing in all 94 federal districts, reviewing more than …

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 …

Flooding The Zone: The State Of Federal Flood Insurance At The Beginning Of Trump 2.0, Maggie Caudle, Jacob Dowler, Donald T. Hornstein

Faculty Publications

The risks of flooding in the United States have never been more apparent, making all the more significant the state of flood insurance and the legal and political volatility of the National Flood Insurance Program. In this Article we discuss the details of “Risk Rating 2.0,” the most significant change to federal flood insurance in half a century, and its legal and political future in the new world of Trump 2.0. And, in addition to describing the details of this new change to federal flood insurance, we describe its advantages and disadvantages in both the newfound political environment in which …

Developing Lawyering Skills In The Age Of Artificial Intelligence: A Framework For Legal Education, Julie Kimbrough

Faculty Publications

This Article explores the emergence of generative artificial intelligence technology in legal education and law practice. It first offers historical perspective by examining the development of online legal research systems and other existing law practice technology tools that leverage artificial intelligence. This Article then proposes a framework for legal education based on twenty-first-century competencies that advance human interaction with legal technology tools. Next, this Article recommends that law schools incorporate these competencies into learning outcomes along with a holistic approach to teaching technology-driven lawyering skills as a strategy to narrow the learning gap between legal education and law practice. It …

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 …

Death And Debts, Kevin Bennardo

Faculty Publications

This Article analyzes how inheritance law treats debts owed to and by a decedent, focusing on the Uniform Probate Code’s treatment of unpaid purchase-price balances associated with specifically devised property. While UPC §2‑606(a)(1) automatically gives the outstanding balance to the specific devisee, the Article argues that this rule is inconsistent with modern intent‑based ademption doctrine and with the Code’s treatment of debts owed by the estate. It contends that only outstanding balances secured by the devised asset reflect a meaningful connection to the testator’s likely intent. Unsecured balances, by contrast, should not automatically avoid ademption. The Article proposes amending the …

Tax Compliance, Social Norms, And Influencers, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

While attaining perfect tax compliance is unachievable, more can and must be done. In the past, the country has relied primarily on a traditional system of sticks (e.g., audits and penalties) and carrots (e.g., refunds and whistleblower awards) to help narrow the “tax gap,” or the difference between what taxpayers owe in taxes and what they actually pay. Now, in the social media era, Congress and the Internal Revenue Service (IRS) should look beyond these traditional enforcement mechanisms. To achieve an even higher voluntary compliance rate, this Article advocates for policymakers to invest greater resources to enhance the social norm …

Dividing Trademark Use, Jeremy N. Sheff

Faculty Publications

The trademark law of the United States places special emphasis on whether and how a trademark is used in commerce. But over the long history of the Lanham Act—including some less-than-careful drafting by Congress and some aggressive acts of interpretation by the federal courts—the concept of “use” has become complicated and in many ways confused. Two recent Supreme Court cases—Jack Daniel’s Properties, Inc. v. VIP Products LLC and Abitron Austria GmbH v. Hetronic International, Inc.—reflect and in some ways exacerbate that confusion. But the opinions in these cases also expose an interesting property of “use” in trademark law …

Getting The Reader To Say “Yes”: Applying Negotiation Principles From The Books Getting To Yes And Getting Past No To Achieve Effective And Persuasive Legal Writing, Patricia G. Montana

Faculty Publications

This Article explores the relationship between the strategies of principled negotiation and effective persuasive legal writing as articulated in the best-selling books, Getting to Yes and Getting Past No. Though there is substantial scholarship advocating adding a negotiation component to legal writing instruction, there is little scholarship addressing how to apply the concepts of principled negotiation to persuasive writing itself. In this Article, the Author explains the foundational concepts of principled negotiation and then shows how they relate and apply to drafting an effective piece of persuasive legal writing. Looking at written advocacy through a negotiation lens reinforces good …

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 …

Self And Mixed Delta-Moves On Algebraically Split Links, Anthony Bosman, Justyce Goode, Yamil Kas-Danouche

Faculty Publications

No abstract provided.

Relational Discipleship In Ministry With Youth: Mapping The Past, Confronting The Gaps, Shaping The Future, Rogelio Paquini

Faculty Publications

No abstract provided.

High-Speed Aircraft Stability And Control Metrics, Timothy T. Takahashi, Jack A. Griffin, Ramana Grandhi

Faculty Publications

This review paper identifies key stability and control screening parameters needed to design low-risk, general-purpose high-speed aircraft. These derive from MIL-STD-8785C, MIL-STD-1797, and older AGARD reports, and are suitable for assessing conceptual high-speed vehicles. We demonstrate their applicability using published ground test, computation, and flight test data from the Bell X-2, North American X-15, Martin X-24A, Northrop HL-10, Lockheed Blackbird (YF-12/SR-71), and North American XB-70 as well as the Rockwell Space Shuttle Orbiter. The relative success of the X-15 and Blackbird and the performance limitations of the others indicate the need to scrutinize lateral-directional stability at the preliminary design phase. …

The Space Rescue Professional: Operationalizing Guardians For The Future, Benjamin Johnis, Robert Bettinger, James Dean

Faculty Publications

The escalating competition in space exploration demands a dedicated space rescue capability. This article argues for the establishment of a space rescue professional (SRP) career field within the Department of Defense and the US Space Force. By harnessing existing US Air Force combat rescue expertise and partnering with the National Aeronautics and Space Administration, the Space Force can rapidly develop a robust SRP program with the warrant officer corps as its backbone. This article addresses a critical gap in national space policy to outline a cost-effective dual-service training pipeline and SRP operational roles. Such an investment safeguards astronauts, bolsters US …

What Did Gitlow Do?, James Y. Stern

Faculty Publications

Gitlow is generally regarded as the first modern incorporation case, the genesis of both federal free speech curbs on state action and the larger project of making the same limitations that the federal Constitution imposes on the federal government applicable to the states. In both respects, moreover, it can also be seen as an important milestone in the larger twentieth century transformation of federal court practice and constitutional understanding centered on the assertion of individual rights. That linkage is no accident. For all the talk about federalism and state sovereignty in the U.S. Reports, the modern jurisprudence of constitutional rights …

Mired In Meyer'S Mischief A Century After Fabrication Of Constitutional Parents' Rights, James G. Dwyer

Faculty Publications

The seminal Supreme Court decisions Meyer v. Nebraska and Pierce v. Society of Sisters, now commemorated on their centenary anniversary, are odd doctrinal ducks. They are both still routinely cited as the foundation for ascribing to persons on whom the state has conferred legal parent status a right under the Fourteenth Amendment Due Process Clause of the United States Constitution. (According to Westlaw, judicial citation count for Meyer now nears 3000, and secondary-source citations have surpassed 7000.) It is a constitutional right to force states to confer on them greater legal power than the state is otherwise inclined to …

Approaching A Companion Document For Business: Applications Of The Framework In Business Information Literacy, Lumarie Guth, Ilana Stonebraker, G. Arave, Patricia Condon, Grace Liu, Wendy G. Pothier

Faculty Publications

Business librarians have yet to create a companion document to the ACRL Framework for Information Literacy for Higher Education but instead have developed a rich resource bank of instructional materials with examples of how the Framework can be practically applied in business librarianship.1 With the absence of a formal companion document, the authors of this chapter took a wide view to better understand how the Framework has been used by business librarians since its inception. In addition to the Framework, business librarians have sought to align their work with discipline-specific documents including the Association to Advance Collegiate Schools of Business …

A Collaborative Assessment Of Coastal Ocean Acidification Monitoring In Maine & Standard Operating Procedures And Best Practices For The Collection Of Continuous Ph Data In Coastal Marine Environments, Christopher W. Hunt, Curtis Bohlen, Mike Doan, Jeremy Miller

Faculty Publications

The ‘Sensor Squad’ of the Maine Ocean Climate Collaborative is the product of a 2023 Maine Coastal and Marine Climate Action Fund grant to conduct “A two-year pilot project designed to address and overcome technological barriers to ocean acidification data collection, develop protocols to elevate quality assurance and ensure comparable data, and meet regularly to discuss project results and data compilation”. The Squad consists of representatives from Friends of Casco Bay (FOCB), Wells National Estuarine Research Reserve (WNERR), and the University of New Hampshire (UNH). This report is a summary of their efforts to assess affordable, repeatable means of continuously …

Caregiving Burdens Of Task Time And Task Difficulty Among Paid And Unpaid Caregivers Of Persons Living With Dementia, Matthew Lee Smith, Jodi L. Southerland, Malinee Neelamegam, Gang Han, Shinduk Lee, Chung Lin Kew, Juanita Dawne R. Bacsu, Elyse Couch, Steffi M. Kim, Monique J. Brown Ph.D., Mph, Ayse Malatyali, Lucas Wilson, Zahra Rahemi, Jeremy Holloway, Marcia G. Ory

Faculty Publications

Background: Demands of caregivers of persons living with dementia (PLWD) are often influenced by the context of their caregiving situation. This study examines common and unique factors associated with caregiving burden in terms of task time and task difficulty among paid and unpaid caregivers of PLWD. Methods: Cross-sectional baseline survey data were analyzed from 107 paid and unpaid caregivers of PLWD participating in a larger NIH-funded study assessing the feasibility of using a novel in-situ sensor system. Oberst Caregiving Burden Scale constructs of task time and task difficulty served as dependent variables. Two least squares regression models were fitted, controlling …