Digital Commons Network^™

The Effects Of A Brand-Specific, Hemp-Derived Cannabidiol Product On Physiological, Biochemical, And Psychometric Outcomes In Healthy Adults: A Double-Blind, Randomized Clinical Trial, Gianna F. Mastrofini, Bridget A. Mcfadden, Alexa J. Chandler Ph.D., Blaine S. Lints, Harry P. Cintineo, Nathaniel D. Rhoades, Caroline S. Vincenty, Sten O. Stray-Gundersen Ph.D., Abbi D. Lane, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak

Faculty Publications

Background: Cannabidiol (CBD) is a non-psychoactive phyto-cannabinoid derived from the Cannabis sativa plant. CBD exhibits various interactions at receptor sites, prompting the research of its potential anti-inflammatory, immunomodulatory, psychological, and pain-relieving effects. This study aimed to investigate the physiological, biochemical, and psychometric effects of a brand-specific, hemp-derived CBD product in healthy adults over a 12-week observation period. Methods: 54 healthy males and females (age = 25 ± 7y; BMI = 24.82 ± 3.25 kg/m2) recruited from a large Southeastern University completed the study. Participants arrived at the laboratory after > 8 h of fasting, and > 48 h without alcohol consumption and …

Common Questions And Misconceptions About Caffeine Supplementation: What Does The Scientific Evidence Really Show?, Jose Antonio, Daniel E. Newmire, Jeffrey R. Stout, Brandi Antonio, Maureen Gibbons, Lonnie M. Lowery, Joseph Harper, Darryn Willoughby, Cassandra Evans, Dawn Anderson, Erica Goldstein, Jose Rojas, Matías Monsalves-Álvarez, Scott C. Forbes, Jose Gomez Lopez, Tim Ziegenfuss, Blake D. Moulding, Darren Candow, Michael Sagner, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak

Faculty Publications

Caffeine is a popular ergogenic aid that has a plethora of evidence highlighting its positive effects. A Google Scholar search using the keywords “caffeine” and “exercise” yields over 200,000 results, emphasizing the extensive research on this topic. However, despite the vast amount of available data, it is intriguing that uncertainties persist regarding the effectiveness and safety of caffeine. These include but are not limited to: 1. Does caffeine dehydrate you at rest? 2. Does caffeine dehydrate you during exercise? 3. Does caffeine promote the loss of body fat? 4. Does habitual caffeine consumption influence the performance response to acute caffeine …

Multi-Parent Custody, Jessica Feinberg

Faculty Publications

In recent years, a number of jurisdictions have enacted laws recognizing that a child may have more than two legal parents (multi-parentage). Recognition of multi-parentage represents a significant change to the legal framework governing parentage— for most of U.S. history, it was well established that a child could have a maximum of two legal parents. While commentators undoubtedly will continue to debate the wisdom of multi-parentage recognition, it is clear both that multi-parentage has arrived and that its arrival raises many novel and important questions across a variety of areas of the law. Proponents and opponents of multi-parentage agree that …

Incorporating Real-World Legal Practice Into Law School Curricula, John Lande

Faculty Publications

This annotated bibliography was prepared for the program, “Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum,” at the 2024 Annual Conference of the ABA Section of Dispute Resolution. It includes relevant entries from the Real Practice Systems Project Annotated Bibliography.

This includes three sections, identifying: (1) problems with legal education and licensing, (2) resources for law schools and faculty, and (3) resources for law students. It particularly focuses on teaching skills for helping clients, which is critically important because practitioners often fail to recognize and respect clients’ perspectives and interests. Teaching students to work well with clients – and …

Why Do Mediators Mediate The Way They Do?, John Lande

Faculty Publications

This article is Part 1 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. It reports the results of a study of mediators who attended two educational programs.

This study supports the fundamental premises of real practice systems theory. Mediators have unique practice systems based on numerous variables including their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. While mediators consciously use some techniques, much of their behavior is based on unconscious routines. Through reflection, individually and in …

Rebalancing Judicial Immunity For Civil Rights Actions, Bailey D. Barnes

Faculty Publications

Sterilization for shorter jail sentences. Vasectomies and birth control implants for freedom. In 2017, a criminal court judge in rural Tennessee made this offer to people incarcerated through sentences issued by his court. When litigators sought monetary damages and to enjoin the practice, and the local media exposed the scheme, the judge begrudgingly rescinded the order while expressing surprise that it was controversial. The Board of Judicial Conduct issued a letter of reprimand to the judge. Meanwhile, the United States District Court for the Middle District of Tennessee summarily dismissed the constitutional tort claims against the judge based on absolute …

A Tribute To Professor Marjorie Corman Aaron Upon Her Retirement, Sandra F. Sperino

Faculty Publications

No abstract provided.

Caring For The Caregivers: Reimagining Institutional Recognition Of Caregiving Work After The Covid Care Crisis, Shruti Rana

Faculty Publications

The COVID-19 pandemic washed over the already uneven landscape of legal academia with an unrelenting force, hitting the most vulnerable most harshly while leaving others bobbing or churning in the waves, loosening the tethers to the social and institutional structures that had previously supported them. Some of the most devastating losses were unsurprising and indeed played out as had long been feared or predicted in times of crisis. Other harms played out in entirely new ways, creating new scars and obstacles. As we survey the changes brought across this landscape in the pandemic's wake, several emerging themes deserve further scrutiny …

A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers

Faculty Publications

Third-Party Litigation Funding (TPLF), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff's pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent fee agreement, this type funding model enables a party to bring a lawsuit even if it does not have the resources to pay the up-front costs of the litigation. The important difference is that the litigation funder is not counsel to a party in the case, and that TPLF essentially …

Guns, Vices And Freedom, Oh My: A Preliminary Empirical Investigation, Royce De R. Barondes

Faculty Publications

This Essay estimates factors within States that are associated with per capita firearms ownership and the extent of legal restrictions con-cerning firearms. The metrics are: for the former, a proxy consisting of the fraction of suicides with a firearm; for the latter, Giffords Law Center’s ratings of the restrictiveness of a State’s regulation of fire-arms. For each, the Essay estimates the relationship between it and each of the levels of vices and freedom.

The Giffords score (more restrictions scored higher) is negatively related to the Cato Institute’s measure of overall freedom and regula-tory policy freedom but positively related to Cato’s …

The Success Of Pre-Enforcement Challenges To Antidiscrimination Laws, Alexander Gouzoules

Faculty Publications

Formally, judicial analysis of a challenged statute's validity should be consistent, regardless of the challenge's pre- or post-enforcement posture. A post-enforcement posture arises when an aggrieved party defensively challenges a purportedly unconstitutional statute being enforced against them. Alternatively, a pre-enforcement posture arises when an impacted party strikes first, attacking the statute by asserting a credible threat that the law will be enforced against them in the future. Either way, judicial evaluation of a statute's validity should turn on its content and effect-not on whether it was challenged before or after enforcement.

This Article challenges that assumption, arguing that pre-enforcement challengers …

Just Consumer Financial Protection: Prevention Or Cure, Andrea Boyack

Faculty Publications

This article examines the relationship between two complementary and related consumer financial protection approaches: regulatory oversight of financing terms (ex ante protection) and bankruptcy discharge of consumer debts (ex post protection). Although often conceptualized as distinct areas of law, consumer financial regulation and consumer bankruptcy are two sides of the same coin and function together to treat the harms of financial distress. This article seeks to explore the relationship and tensions between these various approaches by juxtaposing consumer debtor-creditor law attitudes and legal developments in continental Europe (primarily France and Germany) with those in the United States. After …

Choosing Your Judge, Alexander Gouzoules

Faculty Publications

Accounts of American litigation pose a contradiction: Forum shopping is acceptable, but judge shopping is not. Formal disfavor toward judge shopping is pervasive, and attempts by parties to manipulate the assignment of their case are deemed abusive and even sanctionable. Nevertheless, sophisticated judge-shopping tactics have proliferated in specific areas of the law—particularly in challenges to executive branch policies and in the reorganization of large companies under Chapter 11. In these disparate areas, judge-shopping strategies have been deployed in high-profile cases, ranging from a challenge to the FDA’s authorization of an abortion drug to the opioid-driven bankruptcy of Purdue Pharma. In …

Petition Power, Erika Lietzan

Faculty Publications

The law cannot be kept secret. We cannot comply with rules that we do not know. Nor can we question their legitimacy, which is both our right and our duty as citizens. And yet, a substantial body of law applied in this country is difficult for anyone but federal agency insiders to piece together. Rather than publishing regulations that lay out standards of conduct for the future, many agencies interpret the law, and articulate and implement new policies, as they go. Those subject to the law they implement are left to piece the rules together by studying whatever information is …

Top Ten Ways To Improve Your Mediation Skills, John Lande

Faculty Publications

This article uses Real Practice Systems (RPS) theory to identify things that mediators can do to improve their mediation skills. This begins by mediators recognizing that they have a complex mediation practice system if they mediate regularly. The article includes links to a short video and articles to help mediators understand their unique systems. Using these insights, mediators can complete a self-assessment questionnaire and take advantage of the RPS Menu of Mediation Checklists to tailor their own checklists to fit their practices. Mediators can continuously improve by participating in ongoing educational practice groups.

Ready, Set, Mediate!, John Lande

Faculty Publications

This article summarizes the discussion in a program at the ABA Section of Dispute Resolution’s annual conference about helping parties prepare for mediation sessions. The article describes benefits and goals of preparation, studies finding failures to prepare before mediation sessions, consequences of failing to prepare, and how courts can promote preparation. It lists the audience’s experiences of problems due to inadequate preparation and materials they use or would like to use.

The last part of the article provides resources to help everyone be as ready as possible when their mediation sessions begin. These resources are useful for private mediations as …

News And Perspectives: Words Matter In Primatology, Michelle Bezanson, Liliana Cortés-Ortiz, Júlio César Bicca-Marques, Ramesh Boonratana, Susana Carvalho, Marina Cords, Stella De La Torre, Catherine Hobaiter, Tatyana Humle, Patrícia Izar, Jessica W. Lynch, Tetsuro Matsuzawa, Joanna M. Setchell, Gladys Kalema Zikusoka, Karen B. Strier

Faculty Publications

Postings on social media on Twitter (now X), BioAnthropology News (Facebook), and other venues, as well as recent publications in prominent journals, show that primatologists, ecologists, and other researchers are questioning the terms “Old World” and “New World” due to their colonial implications and history. The terms are offensive if they result in erasing Indigenous voices and history, ignoring the fact that Indigenous peoples were in the Americas long before European colonization. Language use is not without context, but alternative terminology is not always obvious and available. In this perspective, we share opinions expressed by an international group of primatologists …

Heritable Genome Editing, And The Future Of Novel Reproductive Technologies, Kerry L. Macintosh

Faculty Publications

This Article compares human reproductive cloning (HRC) and
heritable genome editing (HGE) to identify factors that encourage bans
on novel reproductive technologies. HRC drew legislative opposition
in part because it involved asexual reproduction and was incorrectly
associated with copying. HGE and other technologies that involve
sexual reproduction do not have those problematic qualities. HRC also
became entangled with research in which human embryos were cloned
to be harvested for their stem cells. HGE did not because scientists
learned how to create and edit pluripotent stem cells without creating
embryos. However, the legal history of HRC predicts that reproductive
technologies strongly …

Re/Descheduling Marijuana Through Administrative Action, Scott P. Bloomberg, Alexandra Harriman, Shane Pennington

Faculty Publications

In October 2022, President Biden requested that the Secretary of Health and Human Services and the Attorney General initiate a procedure to review how marijuana is scheduled under the federal Controlled Substances Act (“CSA”). The announcement was historic. After more than fifty years of federal prohibition, decades of advocacy and litigation from reform groups, and dozens of stalled efforts in Congress, a President finally decided to wield the Executive Power with an eye towards rescheduling or descheduling marijuana. But just how far does that power go? Given President Biden’s request, the question is in serious need of scholarly attention.
This …

Long Overdue: The Need For An Examination Of The Specter Of Racial Bias In The Federal Death Penalty System, John Nidiry, Ruth Friedman

Faculty Publications

The specter of racial bias in the federal government's administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The federal death penalty, especially with regard to the impact of race, however, remains largely unexamined.
It is time to bridge this gap in the research on racial bias in the criminal justice system and in the implementation of the federal death penalty specifically. There are, as this Article sets …

Crypto Losses, Jeffrey A. Maine, Xuan-Thao Nguyen

Faculty Publications

The crypto industry has been hit hard with various market forces and scams, leaving investors with trillion-dollar losses in recent years. The appropriate tax treatment of such losses has yet to be fully examined, as there is scant guidance and a dearth of academic literature on the subject. This Article attempts to fill this gap by applying general tax principles to crypto losses and making several recommendations to improve the clarity and consistency of tax results. It explores various theories of crypto loss “realization” (including theft, abandonment, and worthlessness), highlighting where additional guidance is needed. And it considers appropriate legislative …

Judges As Lawyers, Deirdre M. Smith

Faculty Publications

The integrity of the American legal system and, thereby, of our democracy rests on the shoulders of the judiciary. It is widely understood that the roles of jurist and advocate are incompatible and that the fairness and legitimacy of our court systems require maintaining clear boundaries between those roles. Accordingly, an essential feature of every state’s judicial conduct code is a prohibition on the practice of law by judges. However, many states have carved out exceptions to this prohibition to allow part-time judges sitting in low-level trial courts to supplement their modest judicial compensation by practicing law. The rationale for …

The Art Of Nfts: Copyright, Contracts, And The Fallacy Of Ownership, Christine S. Davik

Faculty Publications

With cryptocurrency Bitcoin’s prices continuing to hit record highs, overall public interest in NFTs will likely increase significantly as it ordinarily has in the past. But before purchasing an NFT, it is important that consumers understand exactly what they are buying. Many assume their purchase will include the associated art that is shown in the individual NFT marketplace listing, whether it be a CryptoKitty, a Bored Ape, or a single video clip from an NBA game. However, in reality, most buyers are getting little more than a few lines of code on the blockchain. What explains these misconceptions, especially when …

Silence As Consumer Consent: Global Regulation Of Negative Option Contracts, Kaitlin A. Caruso, Prentiss Cox

Faculty Publications

Worldwide, the “subscription economy” has exploded in recent years, especially among online sellers of consumer goods and services. These subscriptions use various contract forms-- but many have one common feature: the negative option. With a negative option contract, once a consumer has signed up, the contract will continue until the consumer actively reaches out to cancel it. These are wildly popular among sellers, as they create continuous income and put inertia on the sellers' side. Unsurprisingly, then, consumers complain in extraordinary numbers about being trapped in agreements that are easy to sign up for but seemingly impossible to cancel. Even …

Stem Pathways For Rural Youth: Experience Sampling Feedback And Scoring Manual, Amanda Bastoni, Sam Catherine Johnston, Andrew D. Coppens, Jayson Seaman, Cindy Hartman

Faculty Publications

This Pilot and Feasibility project involved CAST, a non-profit education research organization, the University of New Hampshire (UNH), and outdoor-recreation and informal STEM community-based youth-serving organizations in New Hampshire (NH). The research investigated the contributions of youth's participation in outdoor recreation in developing high school aged students' STEM identities and considerations of careers in STEM. The study addressed three questions: How can outdoor recreation be used as an informal STEM learning context to broaden participation for underrepresented rural youth who face known barriers to the traditional learning experiences necessary for developing positive STEM identities? How can outdoor recreation be used …

Deciphering Genetic Factors Contributing To Enhanced Resistance Against Cercospora Leaf Blight In Soybean (Glycine Max L.) Using Gwas Analysis, Jinesh Patel, Tom W. Allen, Blair Buckley, Pengyin Chen, Michael Clubb, Leandro A. Mozzoni, Moldir Orazaly, Liliana Florez, David Moseley, John C. Rupe, Bishnu K. Shrestha, Paul P. Price, Brian M. Ward, Jenny Koebernick

Faculty Publications

Cercospora leaf blight (CLB), caused by Cercospora cf. flagellaris, C. kikuchii, and C. cf. sigesbeckiae, is a significant soybean [Glycine max (L.) Merr.] disease in regions with hot and humid conditions causing yield loss in the United States and Canada. There is limited information regarding resistant soybean cultivars, and there have been marginal efforts to identify the genomic regions underlying resistance to CLB. A Genome-Wide Association Study was conducted using a diverse panel of 460 soybean accessions from maturity groups III to VII to identify the genomic regions associated to the CLB disease. These accessions were evaluated for CLB in …

Cotton Host Resistance As A Tool For Managing Rotylenchulus Reniformis In Louisiana, Tristan T. Watson

Faculty Publications

The reniform nematode, Rotylenchulus reniformis, is a major yield-limiting pest of upland cotton (Gossypium hirsutum) in the United States that has been steadily increasing in incidence in many states. Reniform nematode-resistant cotton cultivars have recently become commercially available for cotton producers; however, few field trials have evaluated their efficacy as a nematode management tool. The aim of this study was to evaluate reniform nematode population development, plant growth, and seed cotton yield of reniform nematode-resistant cotton cultivars in two nematode-infested fields in Louisiana. Replicated small-plot field trials were conducted in St. Joseph, LA (NERS field) and Winnsboro, LA (MRRS field) …

Serine Proteinase Inhibitors From Nicotiana Benthamiana, A Nonpreferred Host Plant, Inhibit The Growth Of Myzus Persicae (Green Peach Aphid), Honglin Feng, Georg Jander

Faculty Publications

BACKGROUND: The green peach aphid (Myzus persicae) is a severe agricultural crop pest that has developed resistance to most current control methods, requiring the urgent development of novel strategies. Plant proteinase inhibitors (PINs) are small proteins that protect plants against pathogens and/or herbivores, likely by preventing efficient protein digestion. RESULTS: We identified 67 protease genes in the transcriptomes of three M. persicae lineages (USDA-Red, G002 and G006). Comparison of gene expression levels in aphid guts and whole aphids showed that several proteases, including a highly expressed serine protease, are significantly overexpressed in the guts. Furthermore, we identified three genes encoding …

Registration Of ‘Ho 13-739’ Sugarcane, James R. Todd, Anna L. Hale, Yong Bao Pan, Thomas L. Tew, William H. White, Edwis O. Dufrene, Michael P. Grisham, Jeff Hoy, Hannah J. Penn, Blake Wilson, Albert Orgeron, Herman Waguespack, Michael Pontif, Kenneth A. Gravois, Windell R. Jackson, Michael J. Duet, Cory Landry, David L. Verdun

Faculty Publications

‘Ho 13-739’ (Reg. no. CV-214, PI 703499) sugarcane (a Saccharum spp. complex polyploid) was selected and evaluated by scientists at the USDA-ARS in Houma, LA, in cooperation with the Louisiana State University Agricultural Center and the American Sugar Cane League, Inc. It was released to growers in Louisiana in 2020. Results from evaluations in plant-cane and first- and second-ratoon crops at 13 field locations revealed that sucrose content and stalk weight of Ho 13-739 were significantly greater than ‘L 01-299’ in every crop and across the crop cycle. Sucrose yield was not significantly different than L 01-299 for all crops …

Biology, Ecology, And Management Of Redbanded Stink Bug (Hemiptera: Pentatomidae), Olabimpe O. Okosun, Justin George, Maribel Portilla, James P. Glover, Katherine A. Parys, Gadi V.P. Reddy

Faculty Publications

The redbanded stink bug (RBSB), Piezodorus guildinii (Westwood) (Hemiptera: Pentatomidae) is an invasive stink bug species and a polyphagous pest of cultivated crops and non-cultivated wild plants. The increase in soybean cultivation during the 1960s-1970s led to the spread of RBSB as an economic pest of soybean throughout South America, especially in Brazil, Argentina, and Uruguay. In the early 2000s, RBSB became an economic concern to US agriculture and is currently a key species in a stink bug complex that damages soybean in many mid-southern states. RBSB causes extensive damage to soybeans and other economically important leguminous crops by feeding …