Digital Commons Network^™

The Evidence Rules That Convict The Innocent, Jeffrey Bellin

Faculty Publications

Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.

Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …

The Evolving Technology-Augmented Courtroom Before, During, And After The Pandemic, Fredric I. Lederer

Faculty Publications

Even before the COVID-19 Pandemic, technology was changing the nature of America’s courtrooms. Access to case management and e-filing data and documents coupled with electronic display of information and evidence at trial, remote appearances, electronic court records, and assistive technology for those with disabilities defined the technology-augmented trial courtroom. With the advent of the Pandemic and the need for social distancing, numerous courts moved to remote appearances, virtual hearings, and even virtual trials. This Article reviews the nature of technology-augmented courtrooms and discusses virtual hearings and trials at length, reviewing legality, technology, human factors, and public acceptance, and concludes that …

Corporate Commitment To International Law, Jay Butler

Faculty Publications

Corporations are increasingly important actors in international law. But vital questions underlying this development have long gone unanswered: How and why do corporations commit to international law?

This article constructs a general account of business interaction with international legal obligation and suggests that a gateway to demystifying this persistent puzzle lies in corporate opinio juris.

Corporate opinio juris describes a company's subscription to a rule of international law, even though the company is not technically bound by that rule. This subscription functions as a kind of pledge that, once made, has sway over the company and its peers and symbiotically …

Trademarks In Conversation: Assessing Genericism After Booking.Com, Laura A. Heymann

Faculty Publications

It is a fundamental principle of U.S. trademark law that to serve as a trademark, a word or phrase must “indicate the source” of the goods or services with which it is associated and, conversely, that a term that is understood to be the common name of a good or service is “generic” and cannot be protected as a trademark. Yet it still seems difficult to determine exactly what each concept means, particularly when the actual “source” of any goods or services might be opaque to consumers.

In part, this difficulty comes from the fact that status as a trademark …

A Reasonable Person Standard For Qualified Immunity, Bailey D. Barnes

Faculty Publications

Ahmaud Arbery, Jacob Blake, Rayshard Brooks, George Floyd, Daniel Prude, Breonna Taylor. In 2020, the United States' longstanding problem of police brutality, especially related to officer encounters with minorities, was on full display. The names listed here are only a snapshot of those cases that garnered the most significant media attention. Though in admittedly differing circumstances, each of these cases demonstrates that both on-duty and off-duty police interactions can have dire, even deadly, consequences. Yet, these situations are only those that resulted in death or severe injury. Invariably, there are numerous other instances where law enforcement, clothed with the state's …

Ignoring Drug Trademarks, Erika Lietzan

Faculty Publications

If you walk into a pharmacy with a prescription for Merck’s ZOCOR, which contains simvastatin, the pharmacist will probably give you a product containing simvastatin made by another company. The pharmacist will dispense a “generic” simvastatin product. State generic substitution laws, passed in the 1970s to help the government save money by switching patients to cheaper generic drugs, either permit or require this substitution. But drug brand names -- such as ZOCOR -- are trademarks. Like other trademarks, they distinguish goods in the market from others, and they signal the source of the goods. These state laws essentially treat the …

Environmental Indifference, Anthony L. Moffa

Faculty Publications

An incarcerated American underclass, disproportionately comprised of minority citizens, has been compelled to live in an unconstitutionally polluted environment. Exposure to radon gas in indoor air is just one example of that pollution. Fortunately, the legal effort to address that particular condition of confinement has already begun; the theoretical and practical discussion in this work strives to both highlight the importance of the issue and inform the doctrinal development. The Eighth Amendment precedent created on the specific issue of radon exposure will very likely control the courts’ treatment of other environmental harms ignored by prison officials. This work, using radon …

Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony L. Moffa

Faculty Publications

The empirical observation of a four-decades-long trend towards longer and longer federal agency rulemakings laid the foundation for this series of studies and associated law review articles. The second in that series, this work will add necessary data, test important hypotheses, and draw new conclusions to guide policymakers. Any serious observer of the Federal Register recognizes that different sections of a rulemaking serve different purposes. And agencies have historically utilized one section in particular to insulate their rules from judicial vacation or remand – the “concise general statement of basis and purpose.” Thus, this new study will collect and analyze …

Bats And Humans During Thesars-Cov-2outbreak: The Case Of Bat-Coronaviruses From Mexico, P Colunga-Salas, G Hernandez-Canchola

Faculty Publications

The novelSARS-CoV-2coronavirus has attracted attention due to the high number of human cases around the world. It has been proposed that this virus originated in bats, possibly transmitted to humans by an intermediate host, making bats a group of great interest during this outbreak. Almost 10% of the world's bat species inhabit Mexico, and 14 previous novel CoVs have been recorded in Mexican bats. However, the phylogenetic relationships between these viruses and the novel coronavirus are unknown. The aim of this communication was therefore to describe the phylogenetic relationships between Mexican bat-CoVs andSARS-CoV-2. We showed that Mexican bat-CoVs sequences are …

The Interplay Between Environmental Exposures And Covid-19 Risks In The Health Of Children, P D. Sly, B A. Trottier, C M. Bulka, S A. Cormier, P D. Sly, R C. Fry, K W. Kim, S Kleeberger, P Kumar, P J. Landrigan, K L. Carlsen, A Pascale, F Polack, M Ruchirawat, H J. Zar, W A. Suk

Faculty Publications

Background: An unusual feature of SARS-Cov-2 infection and the COVID-19 pandemic is that children are less severely affected than adults. This is especially paradoxical given the epidemiological links between poor air quality and increased COVID-19 severity in adults and that children are generally more vulnerable than adults to the adverse consequences of air pollution. Objectives: To identify gaps in knowledge about the factors that protect children from severe SARS-Cov-2 infection even in the face of air pollution, and to develop a transdisciplinary research strategy to address these gaps. Methods: An international group of researchers interested in children's environmental health was …

The Impact Of Covid-19 On Consumer Food Wastejel Codes, B E. Roe, K Bender, D Y. Qi

Faculty Publications

Perhaps no phenomenon has so quickly and radically altered household production parameters and daily food patterns as the onset of the COVID-19 pandemic. We contemplate the immediate and longer-term implications of this public health crisis on the amount of food wasted by consumers. We conclude that the pandemic and its aftermath may improve household skills and management practices in a manner that reduces day-to-day household food waste. However, pandemic-driven disruptions may induce larger intermittent purges of food due to changes in work patterns and food service and food retailing availability. We recommend several steps to reduce waste as the pandemic …

Telehealth And Autism Prior To And In The Age Of Covid-19: A Systematic And Critical Review Of The Last Decade, K S. Ellison, J Guidry, P Picou, P Adenuga, K S. Ellison

Faculty Publications

There has been growing interest in the use of telehealth; however, the COVID-19 pandemic and the subsequent isolation and restrictions placed on in-person services have fast-tracked implementation needs for these services. Individuals with autism spectrum disorder (ASD) have been particularly affected due to the often-intensive service needs required by this population. As a result, the aim of this review was to examine the evidence base, methodology, and outcomes of studies that have used telehealth for assessment and/or intervention with children and adolescents with ASD as well as their families over the last decade. Further, the goal is to highlight the …

Experimental Re-Infected Cats Do Not Transmit Sars-Cov-2, N N. Gaudreault, M Carossino, I Morozov, J D. Trujillo, N N. Gaudreault, D W. Madden, K Cool, B L. Artiaga, C Mcdowell, D Bold, V Balaraman, T Kwon, W J. Ma, J Henningson, D W. Wilson, W C. Wilson, U C. Balasuriya, A Garcia-Sastre, J A. Richt

Faculty Publications

SARS-CoV-2 is the causative agent of COVID-19 and responsible for the current global pandemic. We and others have previously demonstrated that cats are susceptible to SARS-CoV-2 infection and can efficiently transmit the virus to naive cats. Here, we address whether cats previously exposed to SARS-CoV-2 can be re-infected with SARS-CoV-2. In two independent studies, SARS-CoV-2-infected cats were re-challenged with SARS-CoV-2 at 21 days post primary challenge (DPC) and necropsies performed at 4, 7 and 14 days post-secondary challenge (DP2C). Sentinels were co-mingled with the re-challenged cats at 1 DP2C. Clinical signs were recorded, and nasal, oropharyngeal, and rectal swabs, blood, …

Online-Delivered Group And Personal Exercise Programs To Support Low Active Older Adults' Mental Health During The Covid-19 Pandemic: Randomized Controlled Trial, M R. Beauchamp, R M. Hulteen, G R. Ruissen, Y Liu, M R. Beauchamp, C M. Wierts, K J. Waldhauser, S H. Harden, E Puterman

Faculty Publications

Background: In response to the COVID-19 pandemic, experts in mental health science emphasized the importance of developing and evaluating approaches to support and maintain the mental health of older adults. Objective: The aim of this study was to assess whether a group-based exercise program relative to a personal exercise program (both delivered online) and waitlist control (WLC) can improve the psychological health of previously low active older adults during the early stages of the COVID-19 pandemic. Methods: The Seniors COVID-19 Pandemic and Exercise (SCOPE) trial was a 3-arm, parallel randomized controlled trial conducted between May and September 2020 in which …

Datos Preliminares De La Temporada 2019 Del Proyecto De Investigación Arqueológica Cerro San Isidro, Distrito De Moro, Ancash, David Chicoine, Jeisen Navarro

Faculty Publications

No abstract provided.

Documenting The Establishment, Spread, And Severity Of Phyllachora Maydis On Corn, In The United States, Nathan M. Kleczewski, Diane E. Plewa, Kaitlyn M. Bissonnette, Norman D. Bowman, Jan M. Byrne, Joseph Laforest, Felipe Dalla-Lana, Dean K. Malvick, Daren S. Mueller, Martin I. Chilvers, Pierce A. Paul, Richard N. Raid, Alison E. Robertson, Gail E. Ruhl, Damon L. Smith, Darcy E.P. Telenko

Faculty Publications

Tar spot on corn, caused by the fungus (Phyllachora maydis Maubl. [Phyllachorales: Phyllachoraceae]), is an emerging disease in the United States. In 2018 and 2019, significant but localized epidemics of tar spot occurred across the major corn producing region of the Midwest. After being first detected in 2015, tar spot was detected in 135 and 139 counties where the disease was not previously detected in 2018 and 2019, respectively, and is now established across 310 counties across the United Sates. Foliage with signs (stromata) of P. maydis and symptoms of tar spot were collected from 128 fields in 2018 and …

Pest Management Needs And Limitations For Corn Earworm (Lepidoptera: Noctuidae), An Emergent Key Pest Of Hemp In The United States, Kadie E. Britt, Thomas P. Kuhar, Whitney Cranshaw, Christopher T. Mccullough, Sally V. Taylor, Benjamin R. Arends, Hannah Burrack, Melissa Pulkoski, David Owens, Tigist A. Tolosa, Simon Zebelo, Katelyn A. Kesheimer, Olufemi S. Ajayi, Michelle Samuel-Foo, Jeffrey A. Davis, Nathan Arey, Hélène Doughty, Joanne Jones, Marguerite Bolt, Bradley J. Fritz, Jerome F. Grant, Julian Cosner, Melissa Schreiner

Faculty Publications

Corn earworm, Helicoverpa zea (Boddie) (Lepidoptera: Noctuidae), has emerged as an injurious insect pest to hemp, Cannabis sativa L., a crop newly reintroduced to the United States. Growing hemp presents a potential alternative economic opportunity for farmers but can be challenging with a market that is unstable and just developing. One of the most notable production challenges is managing corn earworm, an insect pest that is particularly damaging when it feeds on flower buds produced in cannabinoid varieties, creating extensive bud tunneling and wounds that allow entry of pathogens that can aid development and presence of bud rot. Damage to …

Call-And-Response: Looking Outward From/With Igsa@Nd, Angeletta K.M. Gourdine, Mary Celeste Kearney, Shauna Pomerantz

Faculty Publications

No abstract provided.

Going Feminine: Identifying How And When Female Candidates Emphasize Feminine And Masculine Traits On The Campaign Trail, Nichole M. Bauer, Martina Santia

Faculty Publications

Female candidates face a messaging challenge. There is a strong association between masculinity and political leadership. Stressing masculinity can result in a likability backlash for female candidates often seen as lacking feminine qualities, such as warmth. Preventing a likability backlash by highlighting feminine qualities can also harm female candidates. Current scholarship offers conflicting conclusions about how female candidates balance these gendered challenges. We fill this empirical and theoretical gap with a trait-balancing theory clarifying how and when female candidates use feminine and masculine traits to manage competing expectations. We use original data merging information on candidate advertising strategies across three …

Schizotypy: The Way Ahead, Eduardo Fonseca-Pedrero, Martin Debbané, Juan Francisco Rodríguez-Testal, Alex S. Cohen, Anna R. Docherty, Javier Ortuño-Sierra

Faculty Publications

Background: Empirical evidence suggests that schizotypy is a useful construct for analyzing and understanding psychotic disorders. However, several issues remain to be resolved. Method: This selective, critical review, addresses some questions and limitations, and discusses future directions of work. Results: First, we present a conceptual outline and discuss the evidence from translational and interdisciplinary studies on schizotypy. Next, we examine and discuss newer analytical and methodological approaches, including network and machine learning approaches. We also discuss newer psychometric identification approaches, such as those using biobehavioral and ambulatory assessment. Next, we review recent cross-cultural studies in schizotypy research. Finally, we identify …

The “So What” Of Voice Research, Rockford Sansom

Faculty Publications

No abstract provided.

Executive Deviance As A Sociopolitical Force In Dismissals, Jeremy J. Foreman, Brian P. Soebbing, Chad S. Seifried

Faculty Publications

The seminal model of CEO dismissals utilizes four sociopolitical forces that operate together in determining whether a CEO will be dismissed. Missing from the sociopolitical forces of CEO dismissals is executive deviance. We propose the inclusion of executive deviance as the fifth sociopolitical force in CEO dismissals, which is not limited to the deviant actions of the executive, but also the executive’s subordinates. Within the comprehensive CEO dismissal framework, the effect of executive deviance on head coach dismissals in the National Football League (NFL) from the 2000–2001 to 2015–2016 season is examined using four levels of executive deviance: (a) deviance …

Christian Nationalism And Views Of Immigrants In The United States: Is The Relationship Stronger For The Religiously Inactive?, Samuel Stroope, Heather M. Rackin, Paul Froese

Faculty Publications

Previous research has shown that Christian nationalism is linked to nativism and immigrant animus, while religious service attendance is associated with pro-immigrant views. The findings highlight the importance of distinguishing between religious ideologies and practices when considering how religion affects politics. Using a national sample of U.S. adults, we analyze immigrant views by measuring levels of agreement or disagreement that undocumented immigrants from Mexico are “mostly dangerous criminals.” We find that Christian nationalism is inversely related to pro-immigrant views for both the religiously active and inactive. However, strongly pro-immigrant views are less likely and anti-immigrant views are more likely among …

Eat Clean And Safe Food: A Food-Based Dietary Guideline For The Elderly In South Africa, Makenzie Miller, Wilna Oldewage-Theron, Carin Napier

Faculty Publications

As the population of elderly individuals in South Africa (SA) grows, there is a need to promote the continued health of these persons as they progress through the life cycle. Food Based Dietary Guidelines (FBDGs) for the SA elderly were developed to address this need. These thirteen guidelines for the elderly collectively offer a basis of health practices that the elderly can follow to ensure that they are taking the right steps toward maintaining their health. While the guideline ‘Eat clean and safe food’ is not included in the current SA FBDGs, this recommendation is of particular importance to the …

Solopreneur Digital Ecosystems: Genesis, Lineage And Preliminary Categorization, Gabriele Piccoli, Biagio Palese, Joaquin Rodriguez

Faculty Publications

This paper traces the genesis and lineage of solopreneur digital ecosystems. These ecosystems, fostered by a digital environment that is infrastructural, combinatorial and servitized, are enabling the rise to prominence of the solopreneur. We theorize solopreneur digital ecosystems as the latest incarnation of systems beyond firm control, with digital platforms and digital marketplaces as their principal enablers. In an effort to compare them from the perspective of the solopreneur, we categorize solopreneur digital ecosystems on three dimensions: algorithmic control, commoditization, and lock-in. Our work contributes a framework that solopreneurs can use to identify ecosystems in which they can optimally invest …

Solopreneur Digital Ecosystems: Genesis, Lineage And Preliminary Categorization, Gabriele Piccoli, Biagio Palese, Joaquin Rodriguez

Faculty Publications

This paper traces the genesis and lineage of solopreneur digital ecosystems. These ecosystems, fostered by a digital environment that is infrastructural, combinatorial and servitized, are enabling the rise to prominence of the solopreneur. We theorize solopreneur digital ecosystems as the latest incarnation of systems beyond firm control, with digital platforms and digital marketplaces as their principal enablers. In an effort to compare them from the perspective of the solopreneur, we categorize solopreneur digital ecosystems on three dimensions: algorithmic control, commoditization, and lock-in. Our work contributes a framework that solopreneurs can use to identify ecosystems in which they can optimally invest …

Megf10 Deficiency Impairs Skeletal Muscle Stem Cell Migration And Muscle Regeneration, Chengcheng Li, Dorianmarie Vargas-Franco, Madhurima Saha, Rachel M. Davis, Kelsey A. Manko, Isabelle Draper, Christina A. Pacak, Peter B. Kang

Faculty Publications

Biallelic loss-of-function MEGF10 mutations lead to MEGF10 myopathy, also known as early onset myopathy with areflexia, respiratory distress, and dysphagia (EMARDD). MEGF10 is expressed in muscle satellite cells, but the contribution of satellite cell dysfunction to MEGF10 myopathy is unclear. Myofibers and satellite cells were isolated and examined from Megf10 and wild-type mice. A separate set of mice underwent repeated intramuscular barium chloride injections. Megf10 muscle satellite cells showed reduced proliferation and migration, while Megf10 mouse skeletal muscles showed impaired regeneration. Megf10 deficiency is associated with impaired muscle regeneration, due in part to defects in satellite cell function. Efforts to …

Examining Eating Attitudes And Behaviors In Collegiate Athletes, The Association Between Orthorexia Nervosa And Eating Disorders, Nancy A. Uriegas, Zachary K. Winkelmann, Kelly Pritchett, Toni M. Torres-Mcgehee

Faculty Publications

Orthorexia nervosa (Orthorexia) is an eating attitude and behavior associated with a fixation on healthy eating, while eating disorders (EDs) are clinically diagnosed psychiatric disorders associated with marked disturbances in eating that may cause impairment to psychosocial and physical health. The purpose of this study was to examine risk for Orthorexia and EDs in student-athletes across sex and sport type and determine the association between the two. Student-athletes ( = 1,090; age: 19.6 ± 1.4 years; females = 756; males = 334) completed a survey including demographics, the ORTO-15 test (values), the Eating Attitudes Test-26 (EAT-26; >20 score), and additional …

The ‘Intellectual Diversity’ Crisis That Isn’T: Liberal Faculties, Conservative Victims, And The Cynical Effort To Undermine Higher Education For Political Gain, Sean Kammer

Faculty Publications

No abstract provided.

Covid, Constitution, Individualism, And Death, Neil Fulton

Faculty Publications

No abstract provided.