Digital Commons Network^™

The Case For A Canadian Panel On Multi-Jurisdictional Class Proceedings, Preston Jordan Lim, Justice William Hourigan

Faculty Publications

In Hryniak v Mauldin, the Supreme Court called for a cultural shift to promote timely and affordable access to the civil justice system in Canada. The failings of the civil justice system with respect to class proceedings are particularly troubling. The authors focus on multi-jurisdictional proceedings, which are procedurally complex and notoriously slow-moving, and on past efforts by the bar and bench to render these proceedings more efficient. For the most part, existing reform measures are discretionary, ad hoc, and premised on the consent of all the parties. Whereas cooperation is currently an option under the various reform measures, cooperation …

Acoustothermal Transfection For Cell Therapy, Xiufang Liu, Ning Rong, Zhenhua Tian, Joseph Rich, Lili Niu, Pengqi Li, Laixin Huang, Yandai Dong, Wei Zhou, Pengfei Zhang, Yizhao Chen, Congzhi Wang, Long Meng, Tony Jun Huang, Hairong Zheng

Faculty Publications

Transfected stem cells and T cells are promising in personalized cell therapy and immunotherapy against various diseases. However, existing transfection techniques face a fundamental trade-off between transfection efficiency and cell viability; achieving both simultaneously remains a substantial challenge. This study presents an acoustothermal transfection method that leverages acoustic and thermal effects on cells to enhance the permeability of both the cell membrane and nuclear envelope to achieve safe, efficient, and high-throughput transfection of primary T cells and stem cells. With this method, two types of plasmids were simultaneously delivered into the nuclei of mesenchymal stem cells (MSCs) with efficiencies of …

Discovery Of A Variable Energy-Dependent X-Ray Polarization In The Accreting Neutron Star Gx 5−1, Sergio Fabiani, Fiamma Capitanio, Rosario Iaria, Juri Poutanen, Andrea Gnarini, Francesco Ursini, Ruben Farinelli, Anna Bobrikova, James F. Steiner, Jiri Svoboda, Alessio Anitra, Maria C. Baglio, Francesco Carotenuto, Melania Del Santo, Carlo Ferrigno, Fraser Lewis, David M. Russell, Thomas D. Russell, Jakob Van Den Eijnden, Massimo Cocchi, Alessandro Di Marco, Fabio La Monaca, Kuan Liu, John Rankin, Martin C. Weisskopf

Faculty Publications

We report on the coordinated observations of the neutron star low-mass X-ray binary (NS-LMXB) GX 5−1 in X-rays (IXPE, NICER, NuSTAR, and INTEGRAL), optical (REM and LCO), near-infrared (REM), mid-infrared (VLT VISIR), and radio (ATCA). This Z-source was observed by IXPE twice in March–April 2023 (Obs. 1 and 2). In the radio band the source was detected, but only upper limits to the linear polarization were obtained at a 3σ level of 6.1% at 5.5 GHz and 5.9% at 9 GHz in Obs. 1 and 12.5% at 5.5 GHz and 20% at 9 GHz in Obs. 2. The mid-IR, near-IR, …

Discovery Of A Variable Energy-Dependent X-Ray Polarization In The Accreting Neutron Star Gx 5−1, Sergio Fabiani, Fiamma Capitanio, Rosario Iaria, Juri Poutanen, Andrea Gnarini, Francesco Ursini, Ruben Farinelli, Anna Bobrikova, James F. Steiner, Jiri Svoboda, Alessio Anitra, Maria C. Baglio, Francesco Carotenuto, Melania Del Santo, Carlo Ferrigno, Fraser Lewis, David M. Russell, Thomas D. Russell, Jakob Van Den Eijnden, Massimo Cocchi, Alessandro Di Marco, Fabio La Monaca, Kuan Liu, John Rankin, Martin C. Weisskopf, Fei Xie, Stefano Bianchi, Luciano Burderi, Tiziana Di Salvo, Elise Egron, Giulia Illiano, Philip Kaaret, Giorgio Matt, Romana Mikušincová, Fabio Muleri, Alessandro Papitto, Ivan Agudo, Lucio A. Antonelli, Matteo Bachetti, Luca Baldini, Wayne H. Baumgartner, Ronaldo Bellazzini, Stephen D. Bongiorno, Raffaella Bonino, Alessandro Brez, Niccolo Bucciantini, Simone Castellano, Elisabetta Cavazzuti, Chien-Ting Chen, Stefano Ciprini, Enrico Costa, Alessandra De Rosa, Ettore Del Monte, Laura Di Gesu, Niccolo Di Lalla, Immacolata Donnarumma, Victor Doroshenko, Michal Dovciak, Steven R. Ehlert, Teruaki Enoto, Yuri Evangelista, Riccardo Ferrazzoli, Javier A. Garcia, Shuichi Gunji, Kiyoshi Hayashida, Jeremy Heyl, Wataru Iwakiri, Svetlana G. Jorstad, Vladimir Karas, Fabian Kislat, Takao Kitaguchi, Jeffery J. Kolodziejczak, Henric Krawczynski, Luca Latronico, Ioannis Liodakis, Simone Maldera, Alberto Manfreda, Frédéric Marin, Andrea Marinucci, Alan P. Marscher, Herman L. Marshall, Francesco Massaro, Francesco Massaro, Ikuyuki Mitsuishi, Tsunefumi Mizuno, Michela Negro, Chi-Yung Ng, Stephen L. O'Dell, Nicola Omodei, Chiara Oppedisano, George G. Pavlov, Abel L. Peirson, Matteo Perri, Melissa Pesce-Rollins, Pierre-Olivier Petrucci, Maura Pilia, Andrea Possenti, Simonetta Puccetti, Brian D. Ramsey, Ajay Ratheesh, Oliver J. Roberts, Roger W. Romani, Carmelo Sgrò, Patrick Slane, Paolo Soffitta, Gloria Spandre, Douglas A. Swartz, Toru Tamagawa, Fabrizio Tavecchio, Roberto Taverna, Yuzuru Tawara, Allyn F. Tennant, Nicholas E. Thomas, Francesco Tombesi, Alessio Trois, Sergey S. Tsygankov, Roberto Turolla, Jacco Vink, Kinwah Wu, Silvia Zane

Faculty Publications

We report on the coordinated observations of the neutron star low-mass X-ray binary (NS-LMXB) GX 5−1 in X-rays (IXPE, NICER, NuSTAR, and INTEGRAL), optical (REM and LCO), near-infrared (REM), mid-infrared (VLT VISIR), and radio (ATCA). This Z-source was observed by IXPE twice in March–April 2023 (Obs. 1 and 2). In the radio band the source was detected, but only upper limits to the linear polarization were obtained at a 3σ level of 6.1% at 5.5 GHz and 5.9% at 9 GHz in Obs. 1 and 12.5% at 5.5 GHz and 20% at 9 GHz in Obs. 2. The mid-IR, near-IR, …

If Accountability Is Everything, Maybe It’S Nothing, Melvin J. Dubnick

Faculty Publications

This document discusses the evolving conceptualization and scholarly debates surrounding accountability and planning in governance studies.

Complex Dayside Particle Precipitation Observed During The Passage Of A Solar Wind Rotational Discontinuity, Simon Wing, Jean Berchem, C Philippe Escoubet, Charles J. Farrugia

Faculty Publications

The dayside particle precipitation during the passage of a solar wind rotational discontinuity (RD) event on 10 April 2015 is examined and reviewed. The RD leads to complex structures at the magnetopause, boundary layer, mantle, and cusp even though the geomagnetic activity level remains low. Particle precipitation data from DMSP F17 reveal the formation of an unusual boundary layer where the low energy (cold) ions exhibit energy-latitude dispersion that is usually associated with mantle while the high energy (hot) ions look like typical magnetospheric ions. DMSP F17 and F19 observe a double cusp that is a signature of magnetic reconnection …

Complex Dayside Particle Precipitation Observed During The Passage Of A Solar Wind Rotational Discontinuity, Simon Wing, Jean Berchem, C Philippe Escoubet, Charles J. Farrugia

Faculty Publications

The dayside particle precipitation during the passage of a solar wind rotational discontinuity (RD) event on 10 April 2015 is examined and reviewed. The RD leads to complex structures at the magnetopause, boundary layer, mantle, and cusp even though the geomagnetic activity level remains low. Particle precipitation data from DMSP F17 reveal the formation of an unusual boundary layer where the low energy (cold) ions exhibit energy-latitude dispersion that is usually associated with mantle while the high energy (hot) ions look like typical magnetospheric ions. DMSP F17 and F19 observe a double cusp that is a signature of magnetic reconnection …

Colectivo Moriviví: Reconfiguring The Puerto Rican Nation Through Feminist Art Activism, Tania Carrasquillo Hernandez

Faculty Publications

This article analyzes national identity construction in Puerto Rico in terms of gender dynamics and how contemporary artistic production has questioned patriarchal constructions within the nation. I argue that by voicing the narratives of Puerto Rican communities in the public sphere, Colectivo Moriviví validates the active participation and contribution of women, Afro-descendant minorities, and LGTBQ+ groups within the national body, forcing the national discourse to re-envision its purpose, values, and mission

User Fee Programs, Erika Lietzan

Faculty Publications

A user fee is a fee assessed by the government when it provides a good or service to a private party. Classic examples include the fee to enter Yellowstone National Park and payment to the U.S. Postal Service for a first-class postage stamp. In these transactions, the government provides a specific benefit to an identifiable recipient, who pays the fee. Although the federal government has assessed user fees since this country's founding, broad authorizing legislation in the middle of the 20th century made it possible for agencies to craft user fee programs on their own initiative. Interest in relying on …

Modernizing The Medical Malpractice Standard Of Care, Philip G. Peters Jr.

Faculty Publications

The standard of care for health care providers proposed by section 5 of the Restatement of the Law Third, Torts: Medical Malpractice marks a fundamental shift in the American Law Institute's position on professional tort liability. According to both conventional wisdom and prior Restatement provisions, the standard of care for physicians is determined by their customary practices. Professionals alone are given the unique privilege to set their own legal standard of care. However, the proposed section 5 departs from this position. Instead, reasonable care for health care providers is defined as conduct "regarded as competent" by medical peers. Customary practices …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Publications

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …

State Constitutional Limitations To Cities Taxing The Digital Economy, Lauren Shores Pelikan

Faculty Publications

The digital economy’s rapid evolution, most recently with the rise of artificial intelligence, demands a reevaluation of state constitutional limitations on local taxation of digital transactions. Citizens have long feared excessive or unfair tax burdens, hence the adoption of constitutional amendments that prohibit legislators from increasing taxes or imposing new taxes without a public vote. However, these constitutional limitations are now preventing cities from taxing digital transactions that are taking over the economy. This is a serious financial problem for cities whose traditional sources of tax revenue, such as sales taxes and property taxes, are dwindling due to the digitalizing …

"I Am Become Death, The Destroyer Of Worlds": Applying Strict Liability To Artificial Intelligence As An Abnormally Dangerous Activity, Renee Henson

Faculty Publications

Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or bad outcomes, this Article argues that an existing framework, strict liability, is an appropriate fit for harms arising from this new technology because a party need not prove negligence to prevail. Strict liability was uniquely developed to handle those activities that are “abnormally dangerous.” An abnormally …

Field Evaluation Of Experimental Maize Hybrids For Resistance To The Fall Armyworm (Lepidoptera: Noctuidae) In A Warm Temperate Climate, Xinzhi Ni, Alisa Huffaker, Eric A. Schmelz, Wenwei Xu, W. Paul Williams, Baozhu Guo, Xianchun Li, Fangneng Huang

Faculty Publications

The polyphagous fall armyworm (FAW), Spodoptera frugiperda, has become an invasive pest worldwide in recent years. To develop maize germplasm with multiple pest resistance and understand genetic inheritance, 12 experimental hybrids (six pairs of reciprocal crosses) with diverse genetic backgrounds and four commercial checks were examined for FAW resistance in 2013 and 2014. The experiment utilized a randomized complete block design with four replications as the block factor. FAW injury on maize plants was assessed at 7 and 14 d after the artificial infestation at the V6 stage, and predatory arthropod taxa and abundance on maize seedlings were recorded 7 …

Did God Create Viruses?, James Hayward

Faculty Publications

No abstract provided.

A Threshold Assessment: Is Technology Among The Competencies Tested By The Mpre?, Amy A. Emerson

Faculty Publications

No abstract provided.

Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese

Faculty Publications

The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the Federal Trade Commission Act. The proposed rule reflects two complementary pillars of an aggressive new enforcement agenda championed by Commission Chair Lina Khan, a leading voice in the Neo-Brandeisian antitrust movement. First, such a rule depends on the assumption, rejected by most prior Commissions, that the Act empowers the Commission to issue legislative rules. Proceeding by rulemaking is essential, the Commission has said, to fight a “hyperconcentrated economy” that injures employees and consumers alike. Second, …

The Real Wrongs Of Icwa, James G. Dwyer

Faculty Publications

Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …

Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs

Faculty Publications

It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …

Contagion. Ftx, A Sector's Crisis & Crypto's Silent Victims, Lev E. Breydo

Faculty Publications

Late 2022 was crypto’s Minsky moment, characterized by wholesale sector collapse and over a dozen major bankruptcies, including FTX’s implosion. For millions of investors, it was the worst of all worlds, combining the frenetic contagion of 2008 with consumer protections most reminiscent of the Panic of 1907.

While the industry’s challenges are often attributed to the nature of crypto itself, the true root cause reflects a fundamental category error. This Article’s comprehensive market taxonomy identifies as the sector’s nexus of risk entities it terms “Crypto Platforms,” like FTX. Crypto Platforms are essentially financial institutions – a cauldron of externalities subject …

Is Insurance "Just A Contract" Or A "Just Contract"?, Chaim Saiman

Faculty Publications

Courts never tire of saying an insurance policy is “just a contract” and subject to ordinary rules of contract law. Contract here signals a plain language approach that strives for formal neutrality between the parties. Yet courts also frequently rely on a narrative that an insurance policy strives to be a “just contract” with special pro-policyholder rules that reach beyond the plain language.

How is insurance simultaneously “just a contract” and a “just contract?” Prior scholarship has noted the confusion, but this Article aims to reconcile the dueling narratives. When the issue relates to scope or breadth of coverage—whether a …

Coping With California’S Deficit, Part 2: Permissible Borrowing, David Gamage, Darien Shanske

Faculty Publications

In this installment of Academic Perspectives on SALT, Shanske and Gamage examine California’s projected budget deficit and possible solutions. California has a large budget deficit that is predicted to last for several years. In this two-part series, we will place California’s situation in context and propose solutions.

The state should use short-term borrowing to cover at least some of the cyclical shortfall. That the real revenue cycle is unlikely to neatly unfold over one traditional fiscal year should not change this conclusion. To that end, we will show how California can operationalize this simple insight despite the impression some may …

A Quantum Logic Gate In The Dna Deoxyribose Moiety, F. Matthew Mihelic

Faculty Publications

The deoxyribose moiety of a nucleotide in the DNA molecule can act as a quantumlogic gate, in which the enantiomeric shift between the C2-endo and C3-endo conformations of each nucleotide, occurs within a logically and thermodynamically reversible situation of electron spin qubits, that are coherently held within the topologically insulating DNA crystalline nanostructure, and that are coherently conducted along the delocalized electrons of the pi-stacked nucleotide base pairs. The enantiomeric symmetry between the C2-endo and C3-endo conformations is logically and thermodynamically reversible because it functions as a symmetry-breaking Szilard engine that is effectively built out of the physicality of the …

Examining The Utility Of The Early Childhood Development Index (Ecdi) Among Children In The Nigeria Context, Ngozi V. Enelamah, Smitha Rao, Margaret Lombe, Mansoo Yu, Chrisann Newransky, Chrisann Newransky, Melissa L. Villodas, Andrew Foell, Von Nebbitt

Faculty Publications

An estimated 6 million children under the age of five in Nigeria (out of nearly 31 million) risk not reaching their full developmental potential. The dearth of context-relevant measures poses a challenge to the planning and implementation of effective interventions. This study assesses the utility of the Early Childhood Development Index (ECDI) in Nigeria. We used the Multiple Indicator Cluster Surveys to track progress among 3- to 4-year-old children (n = 11,073); 3-year-old, 51%; female, 49%. Using random calibration samples, the results from psychometric tests indicate that while over half of the children were on track in their development based …

Coping With California’S Deficit, Part 1: Borrowing And Taxes, David Gamage, Darien Shanske

Faculty Publications

In this installment of Academic Perspectives on SALT, Shanske and Gamage examine California’s projected budget deficit and possible solutions. California has a large budget deficit that is predicted to last for several years. In this two-part series, we will place California’s situation in context and propose solutions.

The state should use short-term borrowing to cover at least some of the cyclical shortfall. That the real revenue cycle is unlikely to neatly unfold over one traditional fiscal year should not change this conclusion. To that end, we will show how California can operationalize this simple insight despite the impression some may …

Whole-Of-School Physical Activity Implementation In The Context Of The Dubai Fitness Challenge, Chris Mcmahon, Collin A. Webster, Robert Weaver, Christophe El Haber, Gönül Tekkurşun Demir, Zainab Mohamed Ismail, Syeda Zoha Fatima Naqvi, Mehnaz Ghani, Şevval Kepenek, Manel Kherraf, Thrisha Krishnakumar, Pranati Prakash, Yeowon Seo

Faculty Publications

Introduction

Physical activity (PA) promotion among school-aged youth is a global health priority. Recommendations for such promotion include implementing whole-of-school approaches that maximize resources across the school environment. This study examined schools’ participation in an annual, government-led, and emirate-wide initiative in Dubai, called the Dubai Fitness Challenge, in which the goal is to accrue 30 minutes of PA every day for 30 days (as such, the initiative is colloquially referred to as “Dubai 30x30”).

Methods

A mixed-methods design was employed for this study. Three schools were recruited using convenience sampling. Participants were 18 physical education teachers, 20 classroom teachers, 2 …

Deconstructing The Mangrove Carbon Cycle: Gains, Transformation, And Losses, M. F. Adame, N. Cormier, P. Taillardat, N. Iram, A. Rovai, T. M. Sloey, E. S. Yando, J. F. Blanco-Libreros, M. Arnaud, T. Jennerjahn, C. E. Lovelock, D. Friess, G. M.S. Reithmaier, C. A. Buelow, S. M. Muhammad-Nor, R. R. Twilley, R. A. Ribeiro

Faculty Publications

Mangroves are one of the most carbon-dense forests on the Earth and have been highlighted as key ecosystems for climate change mitigation and adaptation. Hundreds of studies have investigated how mangroves fix, transform, store, and export carbon. Here, we review and synthesize the previously known and emerging carbon pathways in mangroves, including gains (woody biomass accumulation, deadwood accumulation, soil carbon sequestration, root and litterfall production), transformations (food web transfer through herbivory, decomposition), and losses (respiration as CO2 and CH4, litterfall export, particulate and dissolved carbon export). We then review the technologies available to measure carbon fluxes in mangroves, their potential, …

Speculating About Genocide: The Queensland Frontier 1859–1897, Mark Finnane, Jonathan Richards

Faculty Publications

In the colonisation of Queensland, Australia it is commonly accepted that large numbers of Indigenous people were killed in the second half of the nineteenth century. Calculations of violent mortality have recently been revised radically upwards. We suggest that the methodology deployed in these new studies is unreliable, reflecting errors in counting and calculation, as well as underestimating the selection bias of the samples. We caution against projecting aggregate violent mortality where the underlying data are so imperfect and emphasise the value of more detailed local and regional studies to inform better understanding of colonisation's impact on First Peoples.

Influence Of Hesperidin On The Physico-Chemical, Microbiological And Sensory Characteristics Of Frozen Yogurt †, Roberto Cedillos, Ricardo S. Aleman, Ryan Page, Douglas W. Olson, Charles Boeneke, Witoon Prinyawiwatkul, Kayanush Aryana

Faculty Publications

Frozen yogurts contain yogurt culture bacteria, which might impart health benefits to their consumers. Global frozen yogurt market sales are expected to grow by 4.8% by 2028, which represents an important opportunity for the industry, consumers and researchers. Polyphenols are metabolites found in plants which have antioxidant and anti-inflammatory properties and might prevent chronic diseases such as cancer, diabetes and cardiovascular diseases. The objective of this study was to elucidate the effect of the polyphenol hesperidin on the physico-chemical, microbiological and sensory characteristics of frozen yogurts. Hesperidin was incorporated into frozen yogurt at three concentrations (125, 250 and 500 mg/90 …

Sustainable Sweetpotato Production In The United States: Current Status, Challenges, And Opportunities, Justin George, Gadi V.P. Reddy, Phillip A. Wadl, William Rutter, Julianna Culbreath, Pierre W. Lau, Tahir Rashid, Matthew C. Allan, Suzanne D. Johaningsmeier, Amanda M. Nelson, Ming Li Wang, Augustine Gubba, Kai Shu Ling, Yan Meng, Daniel J. Collins, Sathish K. Ponniah, Prasanna H. Gowda

Faculty Publications

Sweetpotato (Ipomoea batatas L.) is an important staple crop cultivated in over 100 countries, and the storage roots and vines provide food for humans and livestock. Sweetpotato consumption and demand for its value-added products have increased significantly in the last two decades and have led to new cultivar development, expansion in acreage, and increased demand in the United States and its export markets. Despite the known nutritional components and other health benefits, further research is needed to characterize the genetic diversity and chemical composition related to their storage root qualities, essential in developing consumer-preferred cultivars that offer host plant resistance …