Digital Commons Network^™

No Hiding From Justice: Universal Jurisdiction In Domestic Courts, Heidi R. Gilchrist

Faculty Scholarship

No abstract provided.

Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold

Faculty Scholarship

Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of "Backlash Bills" designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

Regulatory Aspects Of Mild Cognitive Impairment: Toward A Harmonized Perspective, Peter J. Whitehouse

Faculty Scholarship

The development of the concept of mild cognitive impairment (MCI) and its practical application have been intimately tied to attempts to produce therapeutic agents. Understanding the regulatory environment and determining the way in which it can be influenced are critical to the development of drugs and their eventual approval. In this article, we review some of the current challenges surrounding the concept of MCI relevant to drug development, summarize activities in various regions of the world, and conclude with some suggested next steps and an alternative framing for approving drugs for MCI and related conditions.

Legal And Other Institutional Aspects Of Groundwater Governance, Jenny Grönwall, Marianne Kjellén, Alice Aureli, Stefano Burchi, Mohamed Bazza, Raya Marina Stephan, Gabriel Eckstein, Lesha Witmer, Margreet Zwarteveen, Aurélien Dumont, Danielle Gaillar-Picher, Rio Hada, Rebecca Welling, Maki Tsujimura

Faculty Scholarship

This chapter defines the linked concepts of groundwater governance and groundwater management, explaining how they differ from each other. Then, it describes the prevailing legal instruments for, and the institutional aspects of, groundwater management and governance.

The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu

Faculty Scholarship

In November 2020, China adopted the Third Amendment to the Copyright Law, providing a major overhaul of its copyright regime. This Amendment entered into effect on June 1, 2021. The last time the regime was completely revamped was in October 2001, when the Copyright Law was amended two months before China joined the World Trade Organization. While U.S. policymakers and industry groups have had mixed reactions to the recent Amendment, the new law presents an opportunity to take stock of the progress China has made in the copyright reform process. This Article begins by mapping the long and winding road …

Characterization Of Active Electrode Yield For Intracortical Arrays: Awake Versus Anesthesia, Jeffrey R. Capadona

Faculty Scholarship

Intracortical microelectrode arrays are used for recording neural signals at single-unit resolution and are promising tools for studying brain function and developing neuroprosthetics. Research is being done to increase the chronic performance and reliability of these probes, which tend to decrease or fail within several months of implantation. Although recording paradigms vary, studies focused on assessing the reliability and performance of these devices often perform recordings under anesthesia. However, anesthetics—such as isoflurane—are known to alter neural activity and electrophysiologic function. Therefore, we compared the neural recording performance under anesthesia (2% isoflurane) followed by awake conditions for probes implanted in the …

A Theory Of City Biogeography And The Origin Of Urban Species, Ryan A. Martin

Faculty Scholarship

Many of the choices humans make with regard to infrastructure, urban planning and other phenomena have impacts that will last thousands of years. This can readily be seen in modern cities in which contemporary streets run along street grids that were laid out thousands of years prior or even in which ancient viaducts still play a role. However, rarely do evolutionary biologists explicitly consider the future of life likely to be associated with the decisions we are making today. Here, we consider the evolutionary future of species in cities with a focus on the origin of lineages and species. We …

You Can’T Betray A Fish: One Reason Eating Fish May Cause Less Harm Than Eating Cows, Ronald G. Oldfield

Faculty Scholarship

In The Ultimate Betrayal: Is There Happy Meat?, Bohanec (2013) proposed that farmed animals raised humanely may experience betrayal when slaughtered. I argue based on personal experience that humans often betray trust relationships with farmed animals. Using published scientific literature, I find that typical farmed animals (mammals) and farmed fishes are both cognitively capable of a rudimentary experience of betrayal. However, the manner in which fishes are typically maintained does not present opportunities for human-fish trust relationships to develop. Eating farmed fishes presents fewer ethical implications than eating cows, at least in some cases.

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The Unbearable Emptiness Of Formalism: Autonomy, Equality, And The Future Of Affirmative Action, Rachel F. Moran

Faculty Scholarship

Debates over affirmative action in higher education generally focus on equality interests under the Fourteenth Amendment but ignore liberty interests under the First Amendment. That tendency persists, even though the academic freedom to enroll a diverse student body has allowed colleges and universities to defend race-conscious admissions programs against legal challenges for decades. Today, the rise of formalism in judicial interpretation poses new perils for these programs. Justice Powell’s seminal decision in Regents of the University of California v. Bakke was a pragmatic compromise that used diversity to temper the polarized debate over equality that sharply divided the Court. In …

Environmental Effects Of Stratospheric Ozone Depletion, Uv Radiation, And Interactions With Climate Change: Unep Environmental Effects Assessment Panel, Update 2021, Laura S. Bruckman

Faculty Scholarship

The Environmental Effects Assessment Panel of the Montreal Protocol under the United Nations Environment Programme evaluates effects on the environment and human health that arise from changes in the stratospheric ozone layer and concomitant variations in ultraviolet (UV) radiation at the Earth’s surface. The current update is based on scientific advances that have accumulated since our last assessment (Photochem and Photobiol Sci 20(1):1–67, 2021). We also discuss how climate change affects stratospheric ozone depletion and ultraviolet radiation, and how stratospheric ozone depletion affects climate change. The resulting interlinking effects of stratospheric ozone depletion, UV radiation, and climate change are assessed …

Rights Retrenchment In Immigration Law, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Analyzing Modeled Torque Profiles To Understand Scale-Dependent Active Muscle Responses In The Hip Joint, Fletcher R. Young, Hillel J. Chiel, Roger D. Quinn, Roger D. Quinn

Faculty Scholarship

Animal locomotion is influenced by a combination of constituent joint torques (e.g., due to limb inertia and passive viscoelasticity), which determine the necessary muscular response to move the limb. Across animal size-scales, the relative contributions of these constituent joint torques affect the muscular response in different ways. We used a multi-muscle biomechanical model to analyze how passive torque components change due to an animal’s size-scale during locomotion. By changing the size-scale of the model, we characterized emergent muscular responses at the hip as a result of the changing constituent torque profile. Specifically, we found that activation phases between extensor and …

“Change And Become Like Children”: Eschatological Childhood As Critique And Intention Of Ecclesiological Life, Joel Young

Faculty Scholarship

No abstract provided.

In Memoriam: A Friend To The Law School, Sean J. Griffith

Faculty Scholarship

Phillip . Blumberg served as Dean of the University of Connecticut School of Law from 1974 to 1984. These remarks were first delivered at the University of Connecticut School of Law's tribute to Dean Blumberg, "Honoring Phillip I. Blumberg," held on December 10, 2021. They have been lightly editedfor publication.

Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

Evolving Standards Of Irrelevancy?, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

Genetically Engineered Food, Food Security, And Climate Change, Joanna K. Sax

Faculty Scholarship

Malnutrition is the leading cause of death and disease worldwide. Climate change is an existential crisis. We need to feed people and address the role of agriculture in climate change – at the same time. This is problematic, as agriculture inherently creates issues that contributes to climate change. Utilizing science, through genetically engineered crops, is one way to close the harm gap between food security and climate change. This essay addresses the controversial issue of genetically engineered crops with the complicated issues of food security and climate change by analyzing three main issues: (1) how the science of genetically engineered …

Rate Base The Charge Space: The Law Of Utility Ev Infrastructure Investment, Adam D. Orford

Faculty Scholarship

To fight climate change and support the transition to a zero- emissions transportation sector, the United States is setting out to build a huge fleet of electric vehicle (EV) charging stations. But EV charging infrastructure—often called EV supply equipment (EVSE)—is expensive, and how to pay for it is not straightforward. This Article explores the emerging law and policy of using the bill payments of millions of electric utility customers to solve the problem. State utility regulators, in obscure technical proceedings, have begun directing billions of ratepayer dollars toward EVSE. Is this an unfair and risky social spending experiment, as its …

The Legal Role In Building Sustainable Public Health (Symposium Transcript), Joanna K. Sax

Faculty Scholarship

The article presents a discussion of food as a public health issue, beginning with why science matters and utilizing science to solve food as a public health issue, especially as it relates to sustainability and climate change. Consumer misperceptions of the risk created by new scientific technologies (e.g., GMOs), or even older scientific technologies, may thwart use of such technologies to solve sustainability problems. The talk addresses why consumers might inappropriately assign risk to certain scientific applications and ways that we might want to think about resolving that issue or closing the divide between consumer misperception of risk and evidence-based …

Read Thyself, Alice Ristroph

Faculty Scholarship

No abstract provided.

Where's The Beef? Meat Shortages, Farmer Needs, And Long-Term Recovery Policies In A Pandemic Era, Kim Vu-Dinh

Faculty Scholarship

COVID-19 not only affected every hospital bed in the nation--if not the world; it also affected nearly every dinner table in America and beyond. Supply chain disruptions caused by the pandemic highlighted deep-seated problems with how we get our meat, and how difficult we make it for American farmers to sell to the family next door. Within a few months of the first reported case in the US, hundreds of workers from just two meat-processing plants on American shores became infected with COVID-19, and imports from around the world came to a standstill as factories and shipping companies were forced …

Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman's Reflections As A Law Professor, Angelique Eaglewoman

Faculty Scholarship

This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of color are faculty members in every law school in the United States, the research, analysis, and recommendations tailored to the experience of women of color law faculty should be a priority topic in those same law schools. As …

Reflections/Lovingkindness, Abner S. Greene

Faculty Scholarship

No abstract provided.

Introduction To The Symposium On Gregory Shaffer, "Governing The Interface Of U.S.-China Trade Relations", Harlan G. Cohen

Faculty Scholarship

What happens to international institutions when expectations about their function and purpose shift? Must such institutions give way as states reconsider the settlements on which those institutions are based, or can they adapt (or be adapted) to new geopolitical realities? Or to put it most bluntly, as the geopolitical balance of power shifts, must law give way to power? At a very deep level, these are the questions animating Gregory Shaffer's "Governing the Interface of U.S.-China Trade Relations," published in the American Journal ofInternationalfaw. 1 As the ballooning rivalry between the United States and China stretches and strains institutions like …

Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …

The Uncertain Foundations Of Public Law Theory, Jud Mathews, Emad Atiq

Faculty Scholarship

No abstract provided.

Bringing Up The Bodies, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Pollution, “Ecologists,” Regulations, And Renewables, 1945-1981, Adam D. Orford

Faculty Scholarship

Nation’s Business was a monthly business magazine published by the U.S. Chamber of Commerce, with a subscription list larger than Business Week, Forbes, or Fortune. This study explores how the magazine responded and adapted to the rise of environmentalism, and environmental regulation of business, by exploring its treatment of four topics: DDT, environmentalists, government regulation, and renewable energy. It is built on a full-text review of all issues of Nation’s Business published between 1945 and 1981. It reveals the development of a variety of anti-environmental logics and discourses, including the delegitimization of environmentalism as emotional and irrational, the undermining of …

The Surprising Virtues Of Data Loyalty, Woodrow Hartzog, Neil M. Richards

Faculty Scholarship

Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …