Digital Commons Network^™

Introduction To The Symposium On Interstate Disputes Over Water Rights, Gabriel Eckstein, James Salzman

Faculty Scholarship

Disagreements over the management and allocation of transboundary freshwater resources have become increasingly prominent in international relations. Serious diplomatic tensions surround management of the Jordan, Mekong, Nile, Rio Grande, Silala, Syr Darya and Amu Darya, and Tigris and Euphrates rivers, to name just the most prominent examples among the world’s more than three hundred shared watercourses. Nor is there any reason to think tensions will subside in the future. Whether disagreements over shared freshwater resources will continue to be resolved peacefully will depend, in part, on the viability, durability, and flexibility of international law to prevent and resolve such disputes. …

Identifying Patient Strengths Instruments And Examining Their Relevance For Chronic Disease Management: A Systematic Review, Kurt C. Stange

Faculty Scholarship

What is already known on this topic? Chronic disease management often focuses on what is wrong with patients rather than recognizing their strengths and resources. However, studies show the value of emphasizing personal strengths to improve outcomes. What is added by this report? How instruments evaluate personal strengths varies, making it especially difficult when determining the use of instruments in clinical populations. This systematic review defines the heterogeneity of constructs that research has used to examine personal strengths as well as the reliability and validity of strengths-related scales. What are the implications for public health practice? Understanding the value of …

Civil Procedure Update 2021 (Handout And Slide Deck), Verónica C. Gonzales, Julio C. Romero

Faculty Scholarship

This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.

Metabolic Basis Of Creatine In Health And Disease: A Bioinformatics-Assisted Review, Diego A. Bonilla, Richard B. Kreider, Jeffrey R. Stout, Diego A. Foreno, Chad M. Kerksick, Michael D. Roberts, Eric S. Rawson

Faculty Scholarship

Creatine (Cr) is a ubiquitous molecule that is synthesized mainly in the liver, kidneys, and pancreas. Most of the Cr pool is found in tissues with high-energy demands. Cr enters target cells through a specific symporter called Na+/Cl--dependent Cr transporter (CRT). Once within cells, creatine kinase (CK) catalyzes the reversible transphosphorylation reaction between [Mg2+:ATP4-]2- and Cr to produce phosphocreatine (PCr) and [Mg2+:ADP3-]-. We aimed to perform a comprehensive and bioinformatics-assisted review of the most recent research findings regarding Cr metabolism. Specifically, several public databases, repositories, and bioinformatics tools were utilized for this endeavor. Topics of biological complexity ranging from structural …

Law Enforcement's Lochner, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Faculty Scholarship

Issues of racial inequality and violence are front and center in today’s society, as are issues surrounding artificial intelligence (AI). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, and Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice …

Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan

Faculty Scholarship

No abstract provided.

Results Of The Legal Incubator Lawyers' Survey, Aba Standing Committee On The Delivery Of Legal Services, Center For Computer-Assisted Legal Instruction, Luz E. Herrera, Rebecca Sandefur, Briana Morris

Faculty Scholarship

Legal incubators, also known as law firm incubators, in the United States are designed to help lawyers develop and launch law practices while expanding access to underserved populations. Based on business incubator models, legal incubator programs support the creation of new law firms by providing space, mentoring, and training to licensed lawyers. Most of the law firms produced by these legal incubators are solo or small firms that exist as both for profit businesses and nonprofit entities. Since the first legal incubator appeared in 2007, over 70 self-identified legal incubator programs have emerged around the globe.

In 2016, the ABA …

Bargaining In The Shadow Of Investor-State Mediation: How The Threat Of Mediation Will Improve Parties' Conflict Management, Andrea Kupfer Schneider, Nancy A. Welsh

Faculty Scholarship

Issues of access to justice, threats to national sovereignty, and perceptions of inconsistency and arbitrariness have led to a crisis of confidence in the investor-state arbitration system. In response, there has been a successful push for the inclusion of mediation in treaty provisions and arbitration rules, as well as ratification of the Singapore Convention for the expedited enforcement of mediated agreements. Nonetheless, very little mediation is actually occurring on the ground. Efforts to increase the use of mediation have failed to address concerns such as the political costs of settling cases, the lack of coordination between state agencies with different …

Unrules, Cary Coglianese, Gabriel Scheffler, Daniel E. Walters

Faculty Scholarship

At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation through, for instance, waivers, exemptions, or exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …

Digital Humanities And Virtual Reality: A Review Of Theories And Best Practices For Art History, James Hutson, Trent Olsen

Faculty Scholarship

The technology of virtual reality (VR) has had proven educational benefits over the last three decades. And yet, most research conducted on these benefits has been confined to science programs, especially in Computer Science. The application of VR technology for the Digital Humanities is only now beginning to receive attention, but more study needs to be conducted on its uses within various humanistic disciplines. In order to expand on the research at a pivotal time in education when modalities expand beyond the dominant face-to-face model to incorporate more hybrid, distance education, and online learning, this study reviews the literature and …

Follow-Up Enforcement, Andrew K. Jennings

Faculty Scholarship

No abstract provided.

The Unified Legal Skills Program: How One Law School Adapted To Meet The Needs Of Students Online, And How Those Adaptations May Inform Post-Pandemic Teaching, David Austin, Allison D. Cato, Amy E. Day, Liam Vavasour

Faculty Scholarship

When CWSL was forced to switch to online learning for the COVID-19 pandemic, we worked hard to follow best practices for online learning by attending online conferences and voraciously reading everything we could find to make the learning experience the best we could for our students. CWSL's Legal Skills program earned high praise in student evaluations for adapting so quickly given the difficult circumstances.

During the summer of 2020, we met as a Legal Skills team to discuss how to approach the regular school term. Specifically, we faced a larger-than-anticipated first-year class and contemplated how to remedy the sense of …

The Trauma Of Awakening To Racism: Did The Tragic Killing Of George Floyd Result In Cultural Trauma For Whites?, Angela Onwuachi-Willig

Faculty Scholarship

The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to shift their thinking about the existence and prevalence of racialized police brutality, reconsidering the manner in which they had always viewed the world around them. Indeed, many white individuals began to recognize and acknowledge the varied ways in which whiteness worked to privilege them in our society, even …

Patents And Price Fixing By Serial Colluders, William E. Kovacic, Robert C. Marshall, Michael J. Meurer

Faculty Scholarship

Antitrust law has long been mindful of the danger that firms may misuse their patents to facilitate price fixing. Courts and commentators addressing this danger have assumed that patent-facilitated price fixing occurs in a single market. In this Article, we extend conventional analysis to address firms’ patent misuse to facilitate price fixing across multiple products lines. By doing so, we expose gaps in existing agency enforcement and scholarly proposals for reform. Important legal tests that make sense in the single market setting do not carry over to the context we call serial collusion, where certain offenders engage in repeat collusion …

Firm Differences: Skill Sorting And Software, James Bessen, Chen Meng, Erich Denk

Faculty Scholarship

Recent research shows that much recent rise in wage inequality comes from growing differences between firms, especially sorting of skilled workers to high-paying firms. This paper explores the role of proprietary software in these changes. Using job ad data, we find that proprietary software is strongly associated with firm wage fixed effects and also with firm skills. Software accounts for half or more of skill sorting across firms. Moreover, both skill sorting and firm wage effects are greater for larger firms. The huge growth in proprietary software helps explain the growth in skill sorting that increases wage inequality.

The Impact Of Covid-19 On Immigration Detention, Fatma Marouf

Faculty Scholarship

COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …

Retelling Copyright: The Contributions Of The Restatement Of Copyright Law, Jessica Silbey, Jeanne Fromer

Faculty Scholarship

This Article was written for a special issue on the American Law Institute’s (ALI) Restatement of Copyright Law.

Since the American Law Institute (ALI) launched in the early twentieth century, its mission has been “the clarification and simplification of the law and its better adaptation to social needs ... [and] to secure the better administration of justice.” A principal way it has pursued that mission has been through its Restatements of Law project. By their nature, Restatements of Law reflect tensions between what it means to “restate” and reform the law. As the ALI has grown and the legal profession …

Alcohol Use In Tanzanians With Chronic Psychotic Disorders And Poor Medication Adherence, Emily Simon, Jennifer B. Levin, Carol Blixen, Michelle Aebi, Kristin Cassidy, Martha Sajatovic

Faculty Scholarship

Background: The burden of chronic psychotic disorders (CPDs) in sub-Saharan Africa (SSA) is significant. Poorly medically adherent patients are more likely to have worse outcomes and require more resources. However, factors impacting effective treatment of CPD in this population are unclear. Aim: Examine the relationship between alcohol use and disease management and compare alcohol risk stratification between the Alcohol Use Disorders Identification Test (AUDIT) and Alcohol, Smoking and Substance Involvement Screening Test (ASSIST) in poorly medication adherent Tanzanians with CPD. Setting: Muhimbili National Hospital and ambulatory clinics in Dar es Salaam, Tanzania. Methods: 100 Tanzanians with CPDs and suboptimal medication …

Systematic Literature Review Of Psychiatric Comorbidities In Adults With Epilepsy, Elaine Lu, Christopher J. Burant, Martha Sajatovic

Faculty Scholarship

Background and Purpose Mental illness is disproportionately common in people with epilepsy (PWE). This systematic literature review identified original research articles that reported the prevalence of psychiatric comorbidities based upon clinical assessments in a sample of PWE and assessed the clinical features of the populations found in studies included in our review of mental health comorbidity. Methods The included articles were written in English and published from 2008 to 2018, and focused on adults aged ≥18 years who had psychiatric diagnoses determined in clinical assessments, such as those found in medical records, clinician psychiatric evaluations, struc-tured diagnostic interviews, and mental …

Integrating Behavioral Health And Primary Care (Ibh-Pc) To Improve Patient-Centered Outcomes In Adults With Multiple Chronic Medical And Behavioral Health Conditions: Study Protocol For A Pragmatic Cluster-Randomized Control Trial, Terry Stancin, Kurt C. Stange, Kathryn Teng

Faculty Scholarship

Background: Chronic diseases that drive morbidity, mortality, and health care costs are largely influenced by human behavior. Behavioral health conditions such as anxiety, depression, and substance use disorders can often be effectively managed. The majority of patients in need of behavioral health care are seen in primary care, which often has difficulty responding. Some primary care practices are providing integrated behavioral health care (IBH), where primary care and behavioral health providers work together, in one location, using a team-based approach. Research suggests there may be an association between IBH and improved patient outcomes. However, it is often difficult for practices …

Krwg Interviews Maryam Ahranjani, Doña Ana County Mandatory Vaccination Policy Contested, Maryam Ahranjani, Madison Staten

Faculty Scholarship

Maryam Ahranjani, an associate professor of law at the University of New Mexico, says government officials can mandate vaccination for their employees.

“The law is pretty clear that in using the state's police power to regulate for the health, safety and welfare of its citizens, an employer can require vaccinations,” Ahranjani said.

Ahranjani pointed to Jacobson v. Massachusetts, a 1905 Supreme Court Case that ruled mandatory vaccinations constitutional. But she says that just because she believes employers can require vaccinations doesn’t mean it’s the best solution.

“There's some strong arguments for why it's probably not the best approach,” Ahranjani said. …

Pernicious Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Settled Law, G. Alexander Nunn, Alan M. Trammell

Faculty Scholarship

“Settled law” appears frequently in judicial opinions — sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine. During judicial confirmation hearings, the term is bandied about as Senators, advocacy groups, and nominees discuss judicial philosophy and deeper ideological commitments. But its varying and often contradictory uses have given rise to a concern that settled law is simply a repository for hopelessly disparate ideas. Without definitional precision, it risks becoming nothing more than empty jargon.

We contend that settled law is actually a meaningful …

Health And Ergogenic Potential Of Oral Adenosine-5′-Triphosphate (Atp) Supplementation, Ralf Jäger, Martin Purpura, John A. Rathmacher, John C. Fuller Jr., Lisa M. Pitchford, Fabricio E. Ross, Chad M. Kerksick

Faculty Scholarship

Adenosine triphosphate (ATP) is the primary compound that provides energy to drive many processes in living cells, including muscle contraction, neurotransmission, and cardiac function. Initial research used enteric-coated ATP that displayed no apparent efficacy. However, ATP disodium supplementation has demonstrated improved bioavailability and acute and chronic benefits to cardiovascular health, muscular performance, body composition, and recovery while attenuating muscle breakdown and fatigue. In this review, we provide a critical assessment of oral ATP’s bioavailability and its various health and ergogenic benefits.

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Scholarship

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Robust Inference Of Kinase Activity Using Functional Networks, Serhan Yılmaz, Daniela M. Schlatzer, Mark R. Chance, Mehmet Koyutürk

Faculty Scholarship

Mass spectrometry enables high-throughput screening of phosphoproteins across a broad range of biological contexts. When complemented by computational algorithms, phospho-proteomic data allows the inference of kinase activity, facilitating the identification of dysregulated kinases in various diseases including cancer, Alzheimer’s disease and Parkinson’s disease. To enhance the reliability of kinase activity inference, we present a network-based framework, RoKAI, that integrates various sources of functional information to capture coordinated changes in signaling. Through computational experiments, we show that phosphorylation of sites in the functional neighborhood of a kinase are significantly predictive of its activity. The incorporation of this knowledge in RoKAI consistently …

Boosting Student Motivation Through Connected Reflection, Gillian Parrish

Faculty Scholarship

Universities are mandated to be the ultimate “learning culture,” powered by faculty who embody lifelong learning. We know that reflection is essential to learning; it’s the foundation of “continuous improvement,” that ceaseless cultivation of our skills and spirits as we work in the world. And this year, our reflection comes in time of global crisis—all the more reason to reflect on what matters most in our lives and our students’ lives, in our communities, and in our teaching and learning within our courses.

Palliative Nursing: The Core Of Covid-19 Care, Polly Mazanec

Faculty Scholarship

No abstract provided.

Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh

Faculty Scholarship

Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …