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Articles 1321 - 1350 of 8078
Full-Text Articles in Entire DC Network
Securities Law: Overview And Contemporary Issues, Neal Newman, Lawrence J. Trautman
Securities Law: Overview And Contemporary Issues, Neal Newman, Lawrence J. Trautman
Faculty Scholarship
This is not your grandfather’s SEC anymore. Rapid technological change has resulted in novel regulatory issues and challenges, as law and policy struggles to keep pace. The U.S. Securities and Exchange Commission (SEC) reports that “the U.S. capital markets are the deepest, most dynamic, and most liquid in the world. They also have evolved to become increasingly fast and extraordinarily complex. It is our job to be responsive and innovative in the face of significant market developments and trends.” With global markets increasingly interdependent and interconnected and, “as technological advancements and commercial developments have changed how our securities markets operate, …
Accelerating Molecular Property Calculations With Semiempirical Preconditioning, Zehao Zhou, Shane M. Parker
Accelerating Molecular Property Calculations With Semiempirical Preconditioning, Zehao Zhou, Shane M. Parker
Faculty Scholarship
Computing ab initio molecular linear response properties, e.g., electronic excitation energies and transition moments, requires the solution of large eigenvalue problems or large systems of equations. These large eigenvalue problems or large systems of equations are commonly solved iteratively using Krylov space algorithms, such as the Davidson algorithm for eigenvalue problems. A critical ingredient in Krylov space algorithms is the preconditioner which is used to generate optimal update vectors in each iteration. We propose to use semiempirical approximations as preconditioners to accelerate the calculation of ab initio properties. The crucial advantage to improving the preconditioner is that the converged result …
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Faculty Scholarship
President Biden has continued the controversial immigration policy of the Trump era known as Title 42, which has caused harm and suffering to scores of asylum seekers under the guise of public health.1 The Centers for Disease Control and Prevention (CDC) ordered the policy in March 2020 with the stated purpose of limiting the spread of the coronavirus into the U.S.; though, CDC and public health officials have admitted this policy has no scientific basis and there is no evidence it has protected the public.2,3 Instead, the impetus behind the policy appears to be a desire to keep out or …
Black On Black Representation, Alexis Hoag
Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker
Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker
Faculty Scholarship
Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any “person” who violates federal rights. The U.S. Supreme Court has long held that “person” excludes states because Section 1983 flunks a condition of crystal clarity.
This Article reconsiders that conclusion—in legalese, Section 1983’s nonabrogation of sovereign immunity—along multiple dimensions. Beginning with a negative critique, this Article argues that because the Court invented the crystal-clarity standard so long after Section 1983’s enactment, the caselaw …
Protecting Sentient Artificial Intelligence: A Survey Of Lay Intuitions On Standing, Personhood, And General Legal Protection, Eric H. Martinez, Christoph Winter
Protecting Sentient Artificial Intelligence: A Survey Of Lay Intuitions On Standing, Personhood, And General Legal Protection, Eric H. Martinez, Christoph Winter
Faculty Scholarship
To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming …
The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman
The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman
Faculty Scholarship
No abstract provided.
Purcell In Pandemic, Wilfred U. Codrington Iii
Purcell In Pandemic, Wilfred U. Codrington Iii
Faculty Scholarship
No abstract provided.
Global Erie And Its Limits: Channeling Jurisdictional Competition For Procedure, Edward J. Janger
Global Erie And Its Limits: Channeling Jurisdictional Competition For Procedure, Edward J. Janger
Faculty Scholarship
No abstract provided.
Towards A Pedagogy Of Connection: A Critical View Of Being Relational In Listening, Jessi Hinz, John Paul Stephens, Ellen Van Oosten
Towards A Pedagogy Of Connection: A Critical View Of Being Relational In Listening, Jessi Hinz, John Paul Stephens, Ellen Van Oosten
Faculty Scholarship
Positive Organizational Scholarship (POS) perspectives define interpersonal work experiences such as positive work relationships and high-quality connections by the mutual growth and empowerment experienced by relationship or connection partners. Listening has been implicated as a key mechanism for building such positive interpersonal work experiences, but it is unclear how listening spurs on mutual, rather than one-sided growth, in relationship and connection partners. In this paper, we argue that management education currently focuses on the intrapersonal capability of listeners to execute key verbal and non-verbal behaviors. Less emphasis is placed on the mutual experience co-created between speaker and listener and, thus, …
Desirability Of Outcome Ranking For The Management Of Antimicrobial Therapy (Door Mat) Reveals Improvements In The Treatment Of Bloodstream Infections Caused By Escherichia Coli And Klebsiella Pneumoniae In Patients From The Veterans Health Administration, Federico Perez, Brigid M. Wilson, Elie Saade, Robin L.P. Jump, Robert A. Bonomo
Desirability Of Outcome Ranking For The Management Of Antimicrobial Therapy (Door Mat) Reveals Improvements In The Treatment Of Bloodstream Infections Caused By Escherichia Coli And Klebsiella Pneumoniae In Patients From The Veterans Health Administration, Federico Perez, Brigid M. Wilson, Elie Saade, Robin L.P. Jump, Robert A. Bonomo
Faculty Scholarship
Background: Reductions in the use of broad-spectrum antibiotics is a cornerstone of antimicrobial stewardship. We aim to demonstrate use of the Desirability of Outcome Ranking Approach for the Management of Antimicrobial Therapy (DOOR MAT) to evaluate the treatment of Escherichia coli and Klebsiella pneumoniae bloodstream infections in patients from the Veterans Health Administration (VHA) across a decade. Methods: Using electronic records, we determined empiric and definitive antibiotic treatments, clinical characteristics, and 30-day mortality of patients with monomicrobial E. coli and K. pneumoniae bloodstream infections hospitalized in VHA medical centers from 2009 to 2018. Focusing on patients treated with parenteral β-lactams …
Mandating Covid-19 Vaccine For Nursing Home Staff: An Ethical Obligation, Robin L.P. Jump
Mandating Covid-19 Vaccine For Nursing Home Staff: An Ethical Obligation, Robin L.P. Jump
Faculty Scholarship
No abstract provided.
The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza
The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza
Faculty Scholarship
No abstract provided.
Reflections On Legal Education In The Aftermath Of A Pandemic, Timothy Casey
Reflections On Legal Education In The Aftermath Of A Pandemic, Timothy Casey
Faculty Scholarship
This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more on-line courses, but only if the learning outcomes and the pedagogy are aligned with on-line education. Experiential courses may not be the best fit for on-line given the specific learning outcomes and the benefits of in-person instruction in those courses. Second, student well-being will receive more attention in legal education. …
Fake, Andrea M. Matwyshyn, Miranda Mowbray
Fake, Andrea M. Matwyshyn, Miranda Mowbray
Faculty Scholarship
The Internet today is full of fake people and fake information. Trust in both technology and institutions is in a downward spiral. This Article offers a novel comprehensive framework for calibrating a legal response to technology “fakery” through the lens of information security. Introducing the problems of Internet “MIST”—manipulation, impersonation, sequestering, and toxicity—it argues that these MIST challenges threaten the future viability of the Internet through two morphed dynamics destructive to trust. First, the arrival of the Internet-enabled “long con” has combined traditional con artistry with enhanced technological capability for data collection. Second, the risk of a new “PSYOP industrial …
Free Speech Still Matters, Joel M. Gora
Civic Education In Circumstances Of Constitutional Rot And Strong Polarization Rot, Linda C. Mcclain, James E. Fleming
Civic Education In Circumstances Of Constitutional Rot And Strong Polarization Rot, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
This Essay argues that civic education is crucial to remedying what Jack Balkin, in The Cycles of Constitutional Time, diagnoses as “constitutional rot” in the United States. A twenty-first century civic education must meet challenges of polarization and growing diversity and inequality and equip people for forms of democratic participation necessary to the health of constitutional democracy. Some commentators have called the insurrection on January 6, 2021, a “Sputnik moment for teaching civics”—seeing a link between the whitesupremacist/conspiracy-theory mob’s actions and the failure to instill civic virtue in “We the People.” To be capable of spurring national reconciliation and renewal, …
A Comparative Study Of Dark Patterns Across Mobile And Web Modalities, Johanna Gunawan, Amogh Pradeep, David Choffnes, Woodrow Hartzog, Christo Wilson
A Comparative Study Of Dark Patterns Across Mobile And Web Modalities, Johanna Gunawan, Amogh Pradeep, David Choffnes, Woodrow Hartzog, Christo Wilson
Faculty Scholarship
Dark patterns are user interface elements that can influence a person's behavior against their intentions or best interests. Prior work identified these patterns in websites and mobile apps, but little is known about how the design of platforms might impact dark pattern manifestations and related human vulnerabilities. In this paper, we conduct a comparative study of mobile application, mobile browser, and web browser versions of 105 popular services to investigate variations in dark patterns across modalities. We perform manual tests, identify dark patterns in each service, and examine how they persist or differ by modality. Our findings show that while …
Do Lenders Still Monitor? Leveraged Lending And The Search For Covenants, Frederick Tung
Do Lenders Still Monitor? Leveraged Lending And The Search For Covenants, Frederick Tung
Faculty Scholarship
It was once conventional wisdom that lenders routinely influenced corporate managers’ decision making. Covenants constrained borrower risk taking and compelled specific affirmative obligations to protect lenders. Recent policy discussion, however, laments loan markets’ turn to various forms of high-risk lending. So-called leveraged loans — relatively risky, below-investment-grade loans — more than doubled in outstanding dollar terms, growing from about $550 billion in 2010 to $1.2 trillion by 2019. These risky loans have taken up a larger and larger share of the loan markets over time. More leveraged loans are also “covenant-lite,” issued without traditional financial maintenance covenants. And regulators worry …
Mad About The First Amendment, Our Beacon For Liberty, Equality And Democracy, Nicholas Allard
Mad About The First Amendment, Our Beacon For Liberty, Equality And Democracy, Nicholas Allard
Faculty Scholarship
No abstract provided.
The End Of Liberty, Adam J. Kolber
The Jury Trial Reinvented, Christopher Robertson, Michael Shammas
The Jury Trial Reinvented, Christopher Robertson, Michael Shammas
Faculty Scholarship
The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood.
/="/">
/="/">Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts …
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Faculty Scholarship
We are presently in the midst of a crisis at the U.S.-Mexico border, as Courts, and indeed the Biden Administration, are struggling to manage thousands of immigrants waiting to seek asylum in the midst of a global pandemic. Beginning in March of 2020, against the advice of public health experts, the U.S. Government closed the southern U.S.-Mexico border, disproportionately impacting would-be asylum seekers from Central America, who are now immediately expelled from the United States should they reach the border under a process known as “Title 42.” Not only do these expulsions lack a legitimate public health rationale, but they …
Exploration Of The Psychometric Properties Of The Person-Centred Primary Care Measure (Pcpcm) In A Chinese Primary Care Population In Hong Kong: A Cross-Sectional Validation Study, Stephen J. Zyzanski, Kurt C. Stange
Exploration Of The Psychometric Properties Of The Person-Centred Primary Care Measure (Pcpcm) In A Chinese Primary Care Population In Hong Kong: A Cross-Sectional Validation Study, Stephen J. Zyzanski, Kurt C. Stange
Faculty Scholarship
Objectives To evaluate the validity and psychometric properties of the Chinese Person-Centred Primary Care Measure (PCPCM) in a Chinese-speaking population. Design A cross-sectional study. Setting A primary care clinic in Hong Kong. Participants 300 Chinese adult patients (150 males and 150 females) were recruited from a primary care clinic to complete a questionnaire containing the PCPCM, Consultation and Relational Empathy (CARE), Patient Enablement Index (PEI) and Adult (short version) Primary Care Assessment Tool (PCAT). The Chinese PCPCM was readministered to 118 participants after 14 days for test-retest reliability. Outcome measures The construct validity, reliability and sensitivity of the Chinese PCPCM. …
Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica C. Gonzales
Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica C. Gonzales
Faculty Scholarship
These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.
Trademark, Labor Law, And Antitrust, Oh My!, Jessica Silbey
Trademark, Labor Law, And Antitrust, Oh My!, Jessica Silbey
Faculty Scholarship
I am allergic to antitrust law, but after reading Hiba Hafiz’s recent article, I understand that my aversion is problematic. This paper combines an analysis of trademark law, labor law, and antitrust law to explain how employers exploit trademark law protections and defenses to control labor markets and underpay and under-protect workers. For most IP lawyers and professors, this article will open our minds to some collateral effects of trademark law’s consumer protection rationale on other areas of law with important consequences for economic and social policies.
Towards Access For All: 1st Working Group Report For The Global Gene Therapy Initiative (Ggti), Mohamed Draz, Umut Gurkan, Olabimpe Olayiwola
Towards Access For All: 1st Working Group Report For The Global Gene Therapy Initiative (Ggti), Mohamed Draz, Umut Gurkan, Olabimpe Olayiwola
Faculty Scholarship
The gene and cell therapy field saw its first approved treatments in Europe in 2012 and the United States in 2017 and is projected to be at least a $10B USD industry by 2025. Despite this success, a massive gap exists between the companies, clinics, and researchers developing these therapeutic approaches, and their availability to the patients who need them. The unacceptable reality is a geographic exclusion of low-and middle-income countries (LMIC) in gene therapy development and ultimately the provision of gene therapies to patients in LMIC. This is particularly relevant for gene therapies to treat human immunodeficiency virus infection …
The Invisible Circumstances Of Notice, Robin Effron
The Invisible Circumstances Of Notice, Robin Effron
Faculty Scholarship
No abstract provided.
How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider
How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider
Faculty Scholarship
Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …
Composition Over Division: The Statutes Of The National Forest System, Jamison Colburn
Composition Over Division: The Statutes Of The National Forest System, Jamison Colburn
Faculty Scholarship
Most crises like those facing the National Forest System (NFS) have complex origins. But few of them result from as vast or as tangled a range of causes as do those facing the NFS. Appropriations to fight the wildfires now consuming our forests and choking the West have steadily grown, far outpacing inflation for a generation now. Timber and other commodity production has remained at historic lows for as long. And biodiversity conservation measures cannot gain the acquiescence of different constituencies long enough to withstand the inevitable lawsuits or turnover in administrative personnel. If Congress originally expected that judicial oversight …