Digital Commons Network^™

The Relationship Between The Saharan Air Layer, Convective Environmental Conditions, And Precipitation In Puerto Rico, P. W. Miller, C. Ramseyer

Faculty Publications

The Saharan Air Layer (SAL) is a hot, dry, and dust-laden feature that advects large concentrations of dust across the Atlantic annually to destination regions in the Americas and Caribbean. However, recent work has suggested the SAL may be a contributing factor to high-impact drought in the Caribbean basin. While the SAL's characteristic dust loadings have been the focus of much previous research, fewer efforts have holistically engaged the co-evolution of the dust plume, its associated convective environment, and resultant rainfall in Caribbean islands. This study employs a self-organizing map (SOM) classification to identify the common trans-Atlantic dust transport typologies …

On Lightweight Shape Memory Vitrimer Composites, Siavash Sarrafan, Guoqiang Li

Faculty Publications

Lightweight materials are highly desired in many engineering applications. A popular approach to obtain lightweight polymers is to prepare polymeric syntactic foams by dispersing hollow particles, such as hollow glass microbubbles (HGMs), in a polymer matrix. Integrating shape memory vitrimers (SMVs) in fabricating these syntactic foams enhances their appeal due to the multifunctionality of SMVs. The SMV-based syntactic foams have many potential applications, including actuators, insulators, and sandwich cores. However, there is a knowledge gap in understanding the effect of the HGM volume fraction on different material properties and behaviors. In this study, we prepared an SMV-based syntactic foam to …

Editorial: Methods And Advances In Marine Geology And Hydrodynamics Environment, Xingsen Guo, Fei Han, Yan Liu, Nan Wu, Cheng Zhang, Ningning Zhang

Faculty Publications

EDITORIAL article Front. Mar. Sci., 12 January 2024Sec. Ocean Observation Volume 11 - 2024 | https://doi.org/10.3389/fmars.2024.1362605

Editorial: Methods And Advances In Marine Geology And Hydrodynamics Environment, Xingsen Guo, Fei Han, Yan Liu, Nan Wu, Cheng Zhang, Ningning Zhang

Faculty Publications

EDITORIAL article Front. Mar. Sci., 12 January 2024Sec. Ocean Observation Volume 11 - 2024 | https://doi.org/10.3389/fmars.2024.1362605

Flexural Behavior Of Pultruded Gfrp–Concrete Composite Beams Strengthened With Gfrp Stiffeners, Muataz I. Ali, Abbas A. Allawi, Ayman El-Zohairy

Faculty Publications

The utilization and incorporation of glass fiber-reinforced plastics (GFRP) in structural applications and architectural constructions are progressively gaining prominence. Therefore, this paper experimentally and numerically investigates the use of GFRP I-beams in conjunction with concrete slabs to form composite beams. The experimental design incorporated 2600 mm long GFRP I-beams which were connected compositely to concrete slabs with a 500 mm width and 80 mm thickness. The concrete slabs are categorized into two groups: concrete slabs cast using normal strength concrete (NSC), and concrete slabs prepared using high-strength concrete (HSC). Various parameters like the type of concrete (normal and high-strength concrete), …

Indigenous Peoples And Local Communities Report Ongoing And Widespread Climate Change Impacts On Local Social-Ecological Systems, Victoria Sharakhmatova, Victoria Reyes-García, David García-Del-Amo, Santiago Álvarez-Fernández, Petra Benyei, Laura Calvet-Mir, André B. Junqueira, Vanesse Labeyrie, Xiaoyue Li, Sara Miñarro, Vincent Porcher, Anna Porcuna-Ferrer, Anna Schlingmann, Christoph Schunko, Ramin Soleymani, Adrien Tofighi-Niaki, Mariam Abazeri, Emmanuel M.N.A.N. Attoh, Ayansina Ayanlade, Julia Vieira Da Cunha Ávila, Daniel Babai, Rodrigo C. Bulamah, Joao Campos-Silva, Rosario Carmona, Julián Caviedes, Rumbidzayi Chakauya, Mouna Chambon, Zhuo Chen, Fasco Chengula, Esther Conde, Aida Cuní-Sanchez

Faculty Publications

The effects of climate change depend on specific local circumstances, posing a challenge for worldwide research to comprehensively encompass the diverse impacts on various local social-ecological systems. Here we use a place-specific but cross-culturally comparable protocol to document climate change indicators and impacts as locally experienced and analyze their distribution. We collected first-hand data in 48 sites inhabited by Indigenous Peoples and local communities and covering all climate zones and nature-dependent livelihoods. We documented 1,661 site-agreed reports of change corresponding to 369 indicators. Reports of change vary according to climate zone and livelihood activity. We provide compelling evidence that climate …

Regional Geographies And Public Health Lessons Of The Covid-19 Pandemic In The Arctic, Sweta Tiwari, Andrey N. Petrov, Nikolay Golosov, Michele Devlin, Mark Welford, John Degroote, Tatiana Degai, Stanislav Ksenofontov

Faculty Publications

Objectives: This study examines the COVID-19 pandemic’s spatiotemporal dynamics in 52 sub-regions in eight Arctic states. This study further investigates the potential impact of early vaccination coverage on subsequent COVID-19 outcomes within these regions, potentially revealing public health insights of global significance. Methods: We assessed the outcomes of the COVID-19 pandemic in Arctic sub-regions using three key epidemiological variables: confirmed cases, confirmed deaths, and case fatality ratio (CFR), along with vaccination rates to evaluate the effectiveness of the early vaccination campaign on the later dynamics of COVID-19 outcomes in these regions. Results: From February 2020 to February 2023, the Arctic …

The Analysis Of Extreme Climate Threats In Maryland’S Lower Region Along The Us Mid Atlantic, Yaw Twumasi, E. C. Merem, S. Fageir, D. Olagbegi, J. Wesley, R. Coney, Y. Babalola, T. Thomas, A. Hines, G. Hirse, G. S. Ochai, E. Nwagboso, M. Crisler, S. Leggett, J. Offiah, S. Emeakpor

Faculty Publications

The state of Maryland for all intents and purposes stands out as a pacesetter in different aspects of environmental planning more than other states. Known for having the first established planning commission in the United States decades ago before its neighbors and a longstanding tradition in orderly planning. One would think such illustrious trajectory, that Maryland enjoys, guarantees immunity from common exposures to climate change dangers based on experience. However, that is not really the case in the Mid Atlantic zone. The same state that boasts of some of the most successful farming operations and a flourishing economy heavily reliant …

Delaware Beware, Anat Alon-Beck

Faculty Publications

This article conducts an in-depth exploration of the dynamic competition among states to attract businesses and determine the legal framework governing corporations. It adopts an innovative market-centric viewpoint, treating corporate law as a product within the broader context of charter competition among U.S. states. While the scholarly spotlight has predominantly shone on publicly traded giants, this article daringly delves into uncharted territory, unraveling the intricate incorporation and governance decisions of privately held “unicorns”—those elusive venture capital-backed behemoths that silently shape the economic landscape.

By unraveling the decision-making processes of where these economic powerhouses incorporate, the article challenges prevailing assumptions on …

Cancel Culture And Censorship Effects Before And After The Introduction Of Social Media, Joseph A. Custer

Faculty Publications

Some people today view free speech as a threat to emotional safety and well-being. Cancel culture attempts to silence authors who express “unapproved” opinions by removing access to their works, publicly shaming them, and making attempts to destroy their livelihood. Cancel culture has been increasing, particularly on social media.

Doing Things With Metaphors: Mobilizing Cultural Humility From The Guest Perspective As Antiracist Pedagogy, Carol A. Leibiger, Alan W. Aldrich

Faculty Publications

No abstract provided.

Taxing Remote Workers: The Pandemic And Its Implications, Jonathan L. Entin

Faculty Publications

No abstract provided.

Is The Business Of The Court (Still) Business?, Jonathan Adler

Faculty Publications

The Roberts Court has long been characterized as a pro-business court, perhaps the most pro-business court in a century. Insofar as this alleged pro-business orientation is due to the Court’s Republican-appointed majority, President Trump’s appointments to the Supreme Court should have magnified the Court’s pro-business orientation. Yet there are reasons to question the general characterization of the Court as “pro-business” as well as the assumption that an increase in the Court’s Republican-appointed majority has increased any pro-business orientation. Quantitative analyses often fail to account for the relative importance of individual decisions, the broader, legal context in which the Court’s decisions …

Medical Authority And The Right To Life, B. Jessie Hill

Faculty Publications

This essay briefly explores this relationship between the understandings—existing and potential—of the right to “life” and the role of medical authority in constitutional abortion rights litigation. It proceeds as follows. Part I describes the dichotomy between two different understandings of “life” in U.S. legal discourse, with a particular focus on cases dealing with the so-called “right to die.” Part II then explains why this dichotomy is relevant in the post-Dobbs abortion rights context, as it holds the promise of an alternate path to protection for abortion rights at the federal and state levels. Part II also discusses how and why …

Assessing The Performance Of Place-Based Economic Development Incentives: What’S The Word On The Street?, Matthew Rossman

Faculty Publications

Although politically popular, place-based economic development incentives have had limited success and proven difficult to evaluate. Unlike most legal scholarship on this topic, this article takes a qualitative approach in examining them. It studies the performance of four distinct types of development incentives intended to alleviate economic distress, using insight gathered from interviews with business owners, development professionals, and community members in six adjoining neighborhoods, where past efforts at revitalization have failed despite locational advantages.

The challenges faced by economically distressed places are typically varied and complex. The qualitative sampling techniques employed in this article’s research generated nuanced, ‘on the …

The Supreme Court Punts On The Realization Issue In Moore, Erik M. Jensen

Faculty Publications

The Supreme Court’s 2024 decision in Moore v. United States was a disappointment. The Court upheld the constitutionality of the so-called mandatory repatriation tax, a result that may or may not be defensible. But the Court didn’t resolve what was supposed to be the “question presented” in the case: “Whether the Sixteenth Amendment authorizes Congress to tax unrealized sums without apportionment among the states.” As a result, more than a century after ratification of the Sixteenth Amendment, we still don’t know whether realization of some sort is necessary to have income within the meaning of the Amendment. This article describes …

Charting The Scorched Trails: A Comparative Analysis Of Roadway Damage From Historical Megafires To The Unprecedented 2020 Labor Day Wildfires On The Usa West Coast, Kevin Christiansen, Ayat Al Assi, Rubayet Bin Mostafiz, Robert V. Rohli

Faculty Publications

Roadways in the US states of Washington (WA), Oregon (OR), and California (CA) incurred extraordinary damage during the 2020 Labor Day wildfires. However, the cost and risk of these fires have not been placed in a historical perspective. This study examines the damage to roadways affected by the 2020 Labor Day wildfires in relation to the history of megafires in WA (1902–2023), OR (1845– 2023), and CA (1889–2023) using carefully selected data sets gathered from the Washington State Department of Transportation (WSDOT), Oregon Department of Transportation (ODOT), and California Department of Transportation (Caltrans). A method for classifying road damage from …

Identifying And Filling Critical Knowledge Gaps Can Optimize Financial Viability Of Blue Carbon Projects In Tidal Wetlands, Tim J.B. Carruthers, S. Beaux Jones, Megan K. Terrell, Jonathan F. Scheibly, Brendan J. Player, Valerie A. Black, Justin R. Ehrenwerth, Patrick D. Biber, Rod M. Connolly, Steve Crooks, Jason P. Curole, Kelly M. Darnell, Alyssa M. Dausman, Allison L. Dejong, Shawn M. Doyle, Christopher R. Esposito, Daniel A. Friess, James W. Fourqurean, Ioannis Y. Georgiou, Gabriel D. Grimsditch, Songjie He, Eva R. Hillmann, Guerry O. Holm, Jennifer Howard, Hoonshin Jung, Stacy D. Jupiter, Erin Kiskaddon, Ken W. Krauss, Paul S. Lavery, Bingqing Liu, Catherine E. Lovelock, Sarah K. Mack, Peter I. Macreadie

Faculty Publications

One of the world’s largest “blue carbon” ecosystems, Louisiana’s tidal wetlands on the US Gulf of Mexico coast, is rapidly being lost. Louisiana’s strong legal, regulatory, and monitoring framework, developed for one of the world’s largest tidal wetland systems, provides an opportunity for a programmatic approach to blue carbon accreditation to support restoration of these ecologically and economically important tidal wetlands. Louisiana’s coastal wetlands span ∼1.4 million ha and accumulate 5.5–7.3 Tg yr⁻¹ of blue carbon (organic carbon), ∼6%–8% of tidal marsh blue carbon accumulation globally. Louisiana has a favorable governance framework to advance blue carbon accreditation, due to …

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael M. O'Hear

Faculty Publications

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

Killing Stays, Madalyn K. Wasilczuk

Faculty Publications

For decades, the Supreme Court has been suspicious of litigation under warrant in capital cases. The Court has described last-minute litigation as manipulative and dilatory, a result of gamesmanship by people on death row and their lawyers. With the confirmation of Justice Brett Kavanaugh in 2018, the Court began to extinguish the opportunity to assert death row detainees’ rights against unlawful death sentences and executions, reaching a crescendo of stay vacaturs and denials during the Trump executions. Despite this sea change in capital stay jurisprudence and practice, few scholars have focused on the capital stay as a vital component of …

Breaking The Vicious Cycle Fragmenting National Law, Ryan Vacca, Peter S. Menell

Faculty Publications

One of the most troubling and increasingly overlooked problems plaguing the federal judiciary has been the reduction of throughput at the Supreme Court and the resulting fragmentation of national law. The imperative to resolve circuit splits has taken a back seat as the Court grapples with high-profile battles and the relentless crush of certiorari petitions. This fuels confusion and greater fragmentation of national law. Add in the general expansion of national law, and the vicious cycle intensifies.

This Article proposes a solution for expanding structural capacity to address fragmentation that does not require legislative reform or constitutional amendment. It utilizes …

Fascism: A Reading List With Notes, Michael F. Russo

Faculty Publications

Today, Fascism is on the rise around the world including, dismayingly, in the United States of America, threatening the rule of law, which is the basis of democracy. In the U. S. Donald Trump, the 2024 Republican nominee for president, has declared himself the standard bearer for authoritarian rule. If he wins, it is likely the United States will cease to be a democracy. If democracy is to survive, it is essential that citizens understand fascism, how it comes into existence, and what it does once it has taken root is essential. That is the reason for this reading list.

Alterity As A Mirror Of Identity: Primo Levi’S Self Representation In Other People’S Trades, Ilona Klein

Faculty Publications

Primo Levi reveals much about himself in the fifty-one short essays of L’altrui mestiere (Other People’s Trades). This study analyzes L’altrui mestiere as the awareness of the “self” through the observation of “otherness” — other people, but also other living beings which are not human (mammalian animals and insects), others as minerals, and others as hypotheses, theories, writings, microcosmic or macrocosmic conceptions that Levi uses to weave a discourse of “alterity” as a mirror of “identity.” L’altrui mestiere’s narrative pattern revolves around contrasts and comparisons between the familiar and the unfamiliar, the canny and the uncanny, the …

The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren

Faculty Publications

In post-conflict settings, constitutional courts have important roles to play despite complex and often competing challenges they face to institutionalize their legitimacy and entrench the rule of law while attempting to build bridges from conflict to peace. By processing political conflict through legal means, constitutional courts can shift the tenor of public dialogue and provide a less inflammatory platform for analyzing conflicts that have divided societies. This article analyzes two seminal cases decided by the Constitutional Court of Indonesia in the aftermath of post- Suharto conflict and finds that despite its young age, the Court addressed lustration issues and a …

Principles Of Prosecutor Lenience, Jeffrey Bellin

Faculty Publications

[T]here are profound questions about the when and why of lenience, and particularly prosecutor lenience. The answers speak to one of the great mysteries of American criminal law: the role of the prosecutor. I have taken on this mystery in recent years and continue the effort here by offering a skeletal framework for prosecutor leniency. The framework proposes three principles of prosecutor lenience. Prosecutor lenience should be (1) non-arbitrary, (2) equal, and (3) abundant.

[...]

This Symposium Essay explores prosecutorial lenience through the lens set out above. Part I defines prosecutorial lenience and proposes three principles to guide its exercise. …

Mothers With Disabilities In The Workplace Post-Pandemic & Post-Dobbs, Nicole Buonocore Porter

Faculty Publications

Between when I wrote Mothers with Disabilities and Fall 2023, two major developments have occurred that justify revisiting this topic. The first is the COVID-19 pandemic, which dramatically changed all aspects of our work lives and home lives. The second is the Supreme Court’s landmark decision in 2022, Dobbs v. Jackson Women’s Health Organization, which overturned a woman’s constitutional right to have an abortion. Both of these developments have unique, sometimes conflicting effects on mothers with disabilities.

Accordingly, this Article explores the workplace effects of the pandemic and the Dobbs decision on mothers with disabilities. Drawing on my prior …

Speech Regulation And Tobacco Harm Reduction, Jonathan H. Adler, Jacob James Rich

Faculty Publications

Part I of this essay describes what is currently understood about the relative health risks of ENDS [electronic nicotine delivery systems] and other vaping products, particularly as compared to combustible cigarettes.

Part II of this essay describes the current regulatory regime governing tobacco products and how this regime has been applied to ENDS and other vaping products.

Part III of this essay explains how the FDA’s regulatory regime hampers the ability of ENDS manufacturers to inform consumers about the relative risks of their products and the potential use of ENDS as smoking cessation aids.

Part IV explains why this regulation …

Standing Without Injury, Jonathan Adler

Faculty Publications

This Article seeks to assess Judge Newsom’s proposed injury-less approach to standing in federal court. Part I of this Article provides a brief overview of current standing doctrine, the requirements of standing consolidated in Lujan, and how these requirements have been interpreted and applied by the Supreme Court. Part II describes Judge Newsom’s critique of contemporary standing doctrine and outlines the two primary components of his proposed alternative: 1) elimination of the standing requirement in favor of a simple cause-of-action requirement and 2) recognition of an external constraint on standing derived from Article II, rather than Article III.

Part …

The Private Litigation Impact Of New York's Green Amendment, Evan Bianchi, Sean Di Luccio, Martin Lockman, Vincent Nolette

Faculty Publications

The increasing urgency of climate change, combined with federal environmental inaction under the Trump Administration, inspired a wave of environmental action at the state and local level. Building on the environmental movement of the 1970s, activists have pushed to amend more than a dozen state constitutions to include “green amendments”—self-executing individual rights to a clean environment. In 2022, New York activists succeeded, and New York’s Green Amendment (the NYGA) now provides that “Each person shall have a right to clean air and water, and a healthful environment.”

However, the power of the NYGA and similar green amendments turns on judicial …

The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan Van Patten

Faculty Publications

The movie, 12 Angry Men, is a fictionalized portrayal of a deliberation in a murder case from inside the jury room.  It provides a memorable treatment of the difficulty of deciding a case solely on the evidence admitted, as well as illuminating the dynamics of argument, emotion, and persuasion, particularly where deep-seated passions preclude honest evaluation of the evidence.