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Introduction: The Future Of Global Journalism—Relationships, Tools, And Power, Ruth Moon, Lea Hellmueller, Herman Wasserman Apr 2025

Introduction: The Future Of Global Journalism—Relationships, Tools, And Power, Ruth Moon, Lea Hellmueller, Herman Wasserman

Faculty Publications

No abstract provided.


The Effects Of Snow Cover On The Dynamic Pressure Of Nuclear Detonation Blast Waves, Adam Card, Andrew W. Decker Apr 2025

The Effects Of Snow Cover On The Dynamic Pressure Of Nuclear Detonation Blast Waves, Adam Card, Andrew W. Decker

Faculty Publications

Blast pressure is the primary military targeting metric for nuclear weapons. Any local conditions that affect blast pressure have the potential for altering nuclear plans, both from defensive and offensive standpoints. Understanding the impact of snow to the blast wave, therefore, provides a benefit both to military planners and to warfighters on the ground, for any operation occurring in arctic environments. No existing data provides a quantitative description of how snow on the ground affects a nuclear detonation blast wave passing over it. Similar blast waves passing over dust have experimentally proven to enhance blast pressure in a localized region.1 …


The Two Men Named Perez Andrews Of Oxford County, Maine, Kathrine C. Aydelott Apr 2025

The Two Men Named Perez Andrews Of Oxford County, Maine, Kathrine C. Aydelott

Faculty Publications

This article resolves a long-standing genealogical confusion between two men named Perez (or Peres) Andrews, whose overlapping names, lifespans, and locations in 19th-century Maine have led to persistent misidentification in published genealogies and family trees. Drawing on extensive primary source research—including land records, censuses, court cases, and vital records—this study reconstructs the distinct lives of Perez Andrews (b. ca. 1767) of Bakerstown, Minot, Buckfield, and Bradford, Maine; and Peres Andrews (b. 1797) of No. 2 Plantation and Sumner. The paper not only separates their identities and lineages but also probes possible familial connections among the Andrews families of western Maine. …


Illustrations Of Benevolent And Hostile Heterosexism In Lgbtq+ People’S Lives, Jes L. Matsick, Lindsay Palmer, Flora Oswald, Mary Kruk, Kenneth Ye Mar 2025

Illustrations Of Benevolent And Hostile Heterosexism In Lgbtq+ People’S Lives, Jes L. Matsick, Lindsay Palmer, Flora Oswald, Mary Kruk, Kenneth Ye

Faculty Publications

In this study, we aimed to define heterosexism—a form of sexual stigma that accounts for interpersonal attitudes and institutionalized ideology—in a multi-dimensional way, centering on LGBTQ+ people’s experiences. We draw from an ambivalent theory of prejudice and focus on heterosexism, or an ideology that stigmatizes nonheterosexual behaviors, identities, relationships, and communities. We aimed to learn how LGBTQ+ people would narrate their experiences of heterosexism within a benevolent and hostile framing. In a qualitative online study, LGBTQ+ participants (N = 77; 49% White) reviewed definitions of and recalled encounters with benevolent and hostile heterosexism, providing examples of how heterosexism manifests …


Special Delivery Of Proteinaceous Matter To Deep-Sea Microbes, Yuan Shen, Ronald Benner, Taylor A.B. Broek, Brett D. Walker, Matthew D. Mccarthy Mar 2025

Special Delivery Of Proteinaceous Matter To Deep-Sea Microbes, Yuan Shen, Ronald Benner, Taylor A.B. Broek, Brett D. Walker, Matthew D. Mccarthy

Faculty Publications

Earth’s deep ocean holds a vast reservoir of dissolved organic carbon, traditionally considered old and resistant to microbial degradation. Radiocarbon analyses indicate the hidden occurrence of younger dissolved organic carbon components, assumed to be accessible to deep-sea microorganisms but not yet demonstrated. Using compound-class radiocarbon analysis, molecular characterization, and bioassay experiments, we provide direct evidence for rapid microbial utilization of young, labile, high–molecular weight proteinaceous material in bathypelagic waters. The abundance of labile proteinaceous material diminishes from epipelagic to mesopelagic waters but notably increases in bathypelagic waters, where it exhibits a short turnover time (days) and resembles surface plankton in …


Second-Guessing The Jury: The Federal Circuit's Flawed Take On Enhanced Damages In Halo V. Pulse, Dennis D. Crouch Mar 2025

Second-Guessing The Jury: The Federal Circuit's Flawed Take On Enhanced Damages In Halo V. Pulse, Dennis D. Crouch

Faculty Publications

This article critically examines the Federal Circuit's February 2025 decision in Halo v. Pulse, focusing on the court's approach to enhanced damages in patent infringement cases. The analysis identifies a fundamental tension between jury findings of willful infringement under a clear and convincing evidence standard and the district court's subsequent discretion to deny enhanced damages by essentially reconsidering the same evidence. The article argues that the Federal Circuit's affirmation of this approach undermines the Supreme Court's 2016 Halo decision, which sought to make enhanced damages more accessible in cases of egregious misconduct. By creating an artificial distinction between "willful infringement" …


Negotiating Home In The Long Poem: Amatoritsero Ede’S Transpatiality, Mathias Iroro Orhero Mar 2025

Negotiating Home In The Long Poem: Amatoritsero Ede’S Transpatiality, Mathias Iroro Orhero

Faculty Publications

In this paper, I argue that Amatoritsero Ede uses the long poem to negotiate the idea of home in an African diasporic context. As a form that carries the implications of length, time, and space, the long poem has been used by poets to interrogate the way we structure the world and to deconstruct grand narratives. The figure of the Black immigrant is one that destabilizes grand narratives of nationalism. This makes the form important in its capacity to ask important questions about nation and tradition even as it transgresses them. As a writer from the Niger Delta, a marginal …


Older Adults’ Health, Ethnicity, And Daily Life, Hyunsook Kang, Mihae Bae Mar 2025

Older Adults’ Health, Ethnicity, And Daily Life, Hyunsook Kang, Mihae Bae

Faculty Publications

Abstract

This study examines the relationship between ethnicity and daily functional disabilities among older adults, focusing on Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs). The analysis uses data from the 2020 National Social Life, Health, and Aging Project (NSHAP) survey, which included a sample of individuals aged 57-85 (n=3,005). Respondents provided information on their demographic background (e.g., income, gender, race, age, health, retirement, and marital status) and socioeconomic characteristics through telephone interviews.

The study hypothesized that ethnic differences would be evident in perceived difficulties with ADLs and IADLs in later life. To assess these relationships, …


Modulators Of Energy Expenditure Accuracy In Adults With Overweight Or Obesity: E-Mechanic Secondary Analyses, Rachel Matthews, Christoph Höchsmann, Melissa L. Erickson, James L. Dorling, Guillaume Spielmann, Neil M. Johannsen, Timothy S. Church, Corby K. Martin Mar 2025

Modulators Of Energy Expenditure Accuracy In Adults With Overweight Or Obesity: E-Mechanic Secondary Analyses, Rachel Matthews, Christoph Höchsmann, Melissa L. Erickson, James L. Dorling, Guillaume Spielmann, Neil M. Johannsen, Timothy S. Church, Corby K. Martin

Faculty Publications

Purpose American College of Sports Medicine (ACSM) metabolic equations are used to estimate energy expenditure (EE) of physical activity and prescribe aerobic exercise to meet EE requirements. Limited evidence supports their accuracy in sedentary adults with overweight or obesity during controlled exercise interventions. The purpose of this study was to compare EE estimated by the ACSM walking equation versus EE measured by indirect calorimetry during a 24-wk aerobic exercise intervention, and identify potential modulators for their accuracy. Methods Data from the exercising groups (8 or 20 kcal·kg body weight-1·wk-1) of the E-MECHANIC study were utilized in this ancillary analysis (N …


The Contemporary Distribution Of Scincine Lizards Does Not Reflect Their Biogeographic Origin, Aniruddha Datta-Roy, Matthew C. Brandley, Christopher C. Austin, Aaron M. Bauer, David James Harris, Salvador Carranza, Kanishka D.B. Ukuwela, Anslem De Silva, Krystal A. Tolley, K. Praveen Karanth, Maitreya Sil Mar 2025

The Contemporary Distribution Of Scincine Lizards Does Not Reflect Their Biogeographic Origin, Aniruddha Datta-Roy, Matthew C. Brandley, Christopher C. Austin, Aaron M. Bauer, David James Harris, Salvador Carranza, Kanishka D.B. Ukuwela, Anslem De Silva, Krystal A. Tolley, K. Praveen Karanth, Maitreya Sil

Faculty Publications

Aim: We assess the systematic relationships and historical biogeographic patterns in the subfamily Scincinae, a group of lizards that primarily inhabits the Afro-Madagascan and Saharo-Arabian regions with isolated lineages in Europe, North America, East Asia, India and Sri Lanka. The contemporary distribution of these lineages on the historical Laurasian and Gondwanan landmasses make scincines an ideal system to study the roles of vicariance and dispersal on a geologic scale of tens of millions of years. Location: Global. Taxon: Subfamily Scincinae (Family Scincidae). Methods: We conducted biogeographic analyses on a reconstructed, time-calibrated species tree of scincine genera, including members of the …


Religious Nationalism: Narendra Modi’S 2019 Election Victory Speech, Nihar Sreepada Mar 2025

Religious Nationalism: Narendra Modi’S 2019 Election Victory Speech, Nihar Sreepada

Faculty Publications

The ideology of nationalism is permeating and ascending across societies, eventually manifesting materially in several nations across the world. In this essay, I analyze the religious manifestation of nationalism within the context of India’s Hindu nationalism. I argue that Modi, in his 2019 election victory speech, constructs a grand narrative of Hindu nationalistic unification by positioning himself as a Hindu sanyasi (ascetic) and by alluding to Hindu mythologies. First, I present the historical context of India’s Hindu nationalism (Hindutva). Second, I explicate the formation of an ideological discourse through Kenneth Burke’s focus on identification and the constitutive rhetoric of calling …


Race, The Academy, And The Constitution Of The War On Drugs, Bennett Capers, Jeffrey Bellin Mar 2025

Race, The Academy, And The Constitution Of The War On Drugs, Bennett Capers, Jeffrey Bellin

Faculty Publications

The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen’s new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host of constitutional arguments that American litigants deployed to protect a “right” to use drugs with surprising, if fleeting, success. Pozen asks what might have been, exploring why the courts backtracked and effectively removed the Constitution as a meaningful obstacle to drug prohibitions.

This Review …


Materiality In The Csr-Investor Reaction Relationship: A Replication And Extension Of Flammer (2013), Steven D. Kofford, Myles Melancon, Ben W. Lewis Feb 2025

Materiality In The Csr-Investor Reaction Relationship: A Replication And Extension Of Flammer (2013), Steven D. Kofford, Myles Melancon, Ben W. Lewis

Faculty Publications

We replicate and extend Flammer’s (2013) event study of investor reaction to environmental corporate social responsibility (CSR). Flammer found that investors reacted positively to eco-friendly events and negatively to eco-harmful events from 1980-2009 and that reaction to positive events decreased while reaction to negative events increased over time. We find similar results for Flamer’s original sample and an expanded sample including the same type of firms (U.S.-listed public firms) from 1980-2019. We then extend Flammer’s results by examining how materiality affects investor reaction over time. We find that investors only react to material events and that positive reaction to material …


Toward Quantifying Interpolation Uncertainty In Set-Line Spacing Hydrographic Surveys, Elias Adediran, Christos Kastrisios, Kim Lowell, Glen Rice, Qi Zhang Feb 2025

Toward Quantifying Interpolation Uncertainty In Set-Line Spacing Hydrographic Surveys, Elias Adediran, Christos Kastrisios, Kim Lowell, Glen Rice, Qi Zhang

Faculty Publications

The oceans remain one of Earth’s last great unknowns, with about 74% still unmapped to modern standards. Consequently, interpolation is employed to create seamless digital bathymetric models (DBMs) from incomplete hydrographic datasets, but this introduces unquantified depth uncertainties. This study aims to estimate and characterize uncertainties arising from set-line spacing hydrographic surveys, which are important for nautical charting, navigational safety, and many other applications. By sampling at different line spacings four complete coverage testbeds that vary in slope and roughness, the study interpolates across entire testbed areas using Spline, Inverse Distance Weighting, and Linear interpolation. The resulting interpolation uncertainties are …


Modeling Actinic Flux And Photolysis Frequencies In Dense Biomass Burning Plumes, Jan-Lukas Tirpitz, Santo Fedele Colosimo, Nathaniel Brockway, Robert Spurr, Matt Christi, Samuel Hall, Kirk Ullmann, Johnathan Hair, Taylor Shingler, Rodney Weber, Jack E. Dibb, Richard Moore, Elizabeth Wiggins, Vijay Natraj, Nicolas Theys, Jochen Stutz Feb 2025

Modeling Actinic Flux And Photolysis Frequencies In Dense Biomass Burning Plumes, Jan-Lukas Tirpitz, Santo Fedele Colosimo, Nathaniel Brockway, Robert Spurr, Matt Christi, Samuel Hall, Kirk Ullmann, Johnathan Hair, Taylor Shingler, Rodney Weber, Jack E. Dibb, Richard Moore, Elizabeth Wiggins, Vijay Natraj, Nicolas Theys, Jochen Stutz

Faculty Publications

Biomass burning (BB) affects air quality and climate by releasing large quantities of gaseous and particulate pollutants into the atmosphere. Photochemical processing during daylight transforms these emissions, influencing their overall environmental impact. Accurately quantifying the photochemical drivers, namely actinic flux and photolysis frequencies, is crucial to constraining this chemistry. However, the complex radiative transfer within BB plumes presents a significant challenge for both direct observations and numerical models.

This study introduces an expanded version of the 1D VLIDORT-QS radiative transfer (RT) model, named VLIDORT for photochemistry (VPC). VPC is designed for photochemical and remote sensing applications, particularly in BB plumes …


Million-Dollar Mysteries: Recent Complex Patent Cases Lost To Rule 36, Dennis D. Crouch Feb 2025

Million-Dollar Mysteries: Recent Complex Patent Cases Lost To Rule 36, Dennis D. Crouch

Faculty Publications

This article examines the Federal Circuit's continued use of Rule 36 summary affirmances to dispose of complex patent cases without written opinions. Through analysis of eight recent Rule 36 cases decided in early 2025, the author demonstrates that sophisticated legal issues involving millions of dollars are being summarily affirmed despite presenting novel and important questions of patent law. The cases discussed involve design patent evidentiary standards, jury trial rights for hybrid legal-equitable claims, analogous art determinations, claim construction, written description requirements, and PTAB procedural issues. The author argues that while the court may be avoiding difficult cases with complex factual …


Variations In Hawaiian Plume Flux Controlled By Ancientmantle Depletion, Paul Béguelin, Andreas Stracke, Maxim D. Ballmer, Shichen Huang, Michael Wilig, Michael Bizimis Feb 2025

Variations In Hawaiian Plume Flux Controlled By Ancientmantle Depletion, Paul Béguelin, Andreas Stracke, Maxim D. Ballmer, Shichen Huang, Michael Wilig, Michael Bizimis

Faculty Publications

Mantle plumes—upwellings of buoyant rock in Earth's mantle—feed hotspot volcanoes such as Hawai‘i. The size of volcanoes along the Hawai‘i–Emperor chain, and thus the magma flux of the Hawaiian plume, has varied over the past 85 million years. Fifteen and two million years ago, rapid bursts in magmatic production led to the emergence of large islands such as Pūhāhonu, Maui Nui and Hawai‘i, but the underlying mechanisms remain enigmatic. Here, we use new radiogenic Ce–Sr–Nd–Hf isotope data of Hawaiian shield lavas to quantify the composition and proportion of the different constituents of the Hawaiian plume over time. We find that …


Increased Expression Of The Small Lysosomal Gene Svip In The Drosophila Gut Suppresses Pathophysiological Features Associated With A High-Fat Diet, Brennan M. Mercola, Tatiana V. Villalobos, Jocelyn E. Wood, Ankita Basu, Alyssa E. Johnson Feb 2025

Increased Expression Of The Small Lysosomal Gene Svip In The Drosophila Gut Suppresses Pathophysiological Features Associated With A High-Fat Diet, Brennan M. Mercola, Tatiana V. Villalobos, Jocelyn E. Wood, Ankita Basu, Alyssa E. Johnson

Faculty Publications

Lysosomes are digestive organelles that are crucial for nutrient sensing and metabolism. Lysosome impairment is linked to a broad spectrum of metabolic disorders, underscoring their importance to human health. Thus, lysosomes are an attractive target for metabolic disease therapies. In previous work, we discovered a novel class of tubular lysosomes that are morphologically and functionally distinct from traditionally described vesicular lysosomes. Tubular lysosomes are present in multiple tissues, are broadly conserved from invertebrates to mammals, are more proficient at degrading autophagic cargo than vesicular lysosomes, and delay signs of tissue aging when induced ectopically. Thus, triggering tubular lysosome formation presents …


Who Owns The Heat? Navigating Pennsylvania's Geothermal Property Rights, Todd S. Aagaard, Rachel S. Winfield Feb 2025

Who Owns The Heat? Navigating Pennsylvania's Geothermal Property Rights, Todd S. Aagaard, Rachel S. Winfield

Faculty Publications

No abstract provided.


Two Decades Later, Steven L. Chanenson, Douglas A. Berman Feb 2025

Two Decades Later, Steven L. Chanenson, Douglas A. Berman

Faculty Publications

A generation after the Supreme Court’s landmark ruling in United States v. Booker changed federal sentencing laws and practices, it is remarkable how much and how little has changed. This brief introduction provides an overview to this issue of the Federal Sentencing Reporter, with an array of authors providing perspectives on Booker after two eventful decades.


A Plea For Private International Law (Conflict Of Laws), Michael S. Green Feb 2025

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Faculty Publications

In this essay, author Michael S. Green discusses private international law and its importance in a law school's curriculum. After a brief summary of the history of private international law, the essay traces the disappearance of private international law courses in American law schools and proposes reasons as to why this trend may be occurring. The essay closes with reasons why it is a mistake to remove private international law from course offerings and requests that law schools reintroduce the topic.


Irrigation And Society In The Upper Río Grande Basin, U.S.A: A Heritage Of Mutualism, José A. Rivera Ph.D Feb 2025

Irrigation And Society In The Upper Río Grande Basin, U.S.A: A Heritage Of Mutualism, José A. Rivera Ph.D

Faculty Publications

The acequias of the upper Río Grande are more than just irrigation canals. They also allocate and manage water for the community of landowners in the system. After four centuries of use, the acequias persist into modern times with their founding principles intact: self-government, local autonomy, internal rules for operating procedures, and a strong sense of mutualismo or communal responsibility. They have endured since Spanish colonial settlement and have maintained continuity of a water culture surviving political-administrative changes under three sovereigns, Spain (1598-1821), Mexico (1821-1848), and the United States (1848-Present). Despite stressors of climate variability, demographic changes, urbanization, and economic …


Predicting Individual Long-Term Prognosis Of Spatial Neglect Based On Acute Stroke Patient Data, Lisa Röhrig, Daniel Wiesen, Dongyun Li, Chris Rorden, Hans-Otto Karnath Jan 2025

Predicting Individual Long-Term Prognosis Of Spatial Neglect Based On Acute Stroke Patient Data, Lisa Röhrig, Daniel Wiesen, Dongyun Li, Chris Rorden, Hans-Otto Karnath

Faculty Publications

One of the most pressing questions after a stroke is whether an individual patient will recover in the long term. Previous studies demonstrated that spatial neglect—a common cognitive deficit after right hemispheric stroke—is a strong predictor for poor performance on a wide range of everyday tasks and for resistance to rehabilitation. The possibility of predicting long-term prognosis of spatial neglect is therefore of great relevance. The aim of the present study was to test the prognostic value of different imaging and non-imaging features from right hemispheric stroke patients: individual demographics (age, sex), initial neglect severity and acute lesion information (size, …


Discovery, Injury, And Diligence: Reconciling Subjective And Objective Copyright Limitations Standards Post-Warner Chappell, Dennis D. Crouch, Timothy Knight Jan 2025

Discovery, Injury, And Diligence: Reconciling Subjective And Objective Copyright Limitations Standards Post-Warner Chappell, Dennis D. Crouch, Timothy Knight

Faculty Publications

This Article examines the evolving interpretation of the Copyright Act's statute of limitations in light of RADesign, Inc. v. Michael Grecco Productions, Inc., a case pending before the Supreme Court. Following the Court's decision in Warner Chappell Music, Inc. v. Nealy (2024), which left open the question of whether copyright claims can be based on infringement occurring more than three years prior, the circuit courts remain split on whether the three-year statute of limitations runs from the time of infringement (the "injury rule") or from when the copyright holder discovers the infringement (the "discovery rule"). Through analysis of the Grecco …


Transfer Learning For Thickener Control, Samuel Arce Munoz, John Hedengren Jan 2025

Transfer Learning For Thickener Control, Samuel Arce Munoz, John Hedengren

Faculty Publications

Thickener control is a key area of focus in the minerals processing industry, particularly due to its crucial role in water recovery, which is essential for sustainable resource management. The highly nonlinear nature of thickener dynamics presents significant challenges in modeling and optimization, making it a strong candidate for advanced surrogate modeling techniques. However, traditional data-driven approaches often require extensive datasets, which are frequently unavailable, especially in new plants or unexplored operational domains. Developing data-driven models without enough data representative of the dynamics of the system could result in incorrect predictions and consequently, unstable response of the controller. This paper …


Public Trials And Plain Error, Stephen Smith Jan 2025

Public Trials And Plain Error, Stephen Smith

Faculty Publications

Courts are divided on the question of how Sixth Amendment public trial violations should be evaluated on appeal when a criminal defendant fails to object at trial to a courtroom closure. Typically, failing to object triggers plain error review on appeal, which demands a higher threshold of harm to obtain reversal compared to when an objection has been made at trial. Should this type of review also apply in its usual form to public trial errors? The article concludes that it should, despite the fact that public trial violations are considered “structural,” and, when properly preserved, do not require a …


Between Pedagogical Content Knowledge And Confidence: A Case Study Of Pronunciation Training And Teacher Preparation, Lena Barrantes-Elizondo, Joshua Gordon Jan 2025

Between Pedagogical Content Knowledge And Confidence: A Case Study Of Pronunciation Training And Teacher Preparation, Lena Barrantes-Elizondo, Joshua Gordon

Faculty Publications

While many teachers do not feel confident teaching pronunciation because of limited preparation in different areas, research has demonstrated positive effects of training in pronunciation pedagogy, as teachers who receive such training develop cognitions (i.e., knowledge, beliefs, thoughts, actions) that align with current tenets of pronunciation pedagogy. Drawing on this assertion, this paper reports the results of a qualitative case study with five pre-service teaching-English-to-speakers-of-other-languages (TESOL) teachers enrolled in a pedagogical pronunciation course as part of their teacher training program. The study’s main purpose was to understand the role of training in developing content knowledge (CK) and pedagogical content knowledge …


“The Centrality Of ‘Life’ For Johannine Ethics”, Craig R. Koester Jan 2025

“The Centrality Of ‘Life’ For Johannine Ethics”, Craig R. Koester

Faculty Publications

Jan van der Watt has described ethics as rational and systematic reflection on actions that are deemed positive or negative. Basic questions involve the point of departure and the aim of ethical action. He rightly identifies God as the authoritative center for Johannine ethics and makes two observations that warrant further development. First, as the point of departure, “God is the living God (6:57), the God who is life and gives life,” and Jesus too “is and brings life.” Second, in “line with the task of Jesus, the aim of believers is to give, sustain, and promote life.” “Promoting life …


Injunctive Restraint, Cassandra Burke Robertson Jan 2025

Injunctive Restraint, Cassandra Burke Robertson

Faculty Publications

Preliminary injunctions against government action have evolved from extraordinary remedies into routine instruments of political contestation, with both Republican and Democratic administrations finding their initiatives halted by nationwide judicial orders. These injunctions serve vital functions in our constitutional system—preventing irreparable harm to fundamental rights and providing necessary checks on executive power in an era of congressional gridlock. Yet their increasing use has generated legitimate institutional concerns, particularly when a single district judge, often selected through strategic forum shopping, can unilaterally suspend national policies of significant importance. This Article examines this tension between the necessary role of nationwide injunctions in protecting …


Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes Jan 2025

Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes

Faculty Publications

For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has established a consistent due process approach in punitive damages and personal jurisdiction cases, which is rooted in antecedents tracing to the nineteenth century and relies on a nexus of interests that balances individual rights, state interests, and federalism concerns. This framework, we argue, has significant implications …