Digital Commons Network^™

Tax And Arbitration, William W. Park

Faculty Scholarship

When fiscal measures intertwine arbitration, undue mystification sometimes follows. To enhance analytic clarity, tax-related arbitration might be divided into three parts. The first derives from ordinary commercial disputes that become laced with incidental tax questions. A corporate acquisition, for example, might carry tax consequences which in turn implicate contract claims or defences presented to an arbitral tribunal for resolution. The second genre of tax-related arbitration arises in respect of cross-border investment disputes. Rightly or wrongly, foreign investors often perceive host-country fiscal enactments as discriminatory, unfair, or tantamount to expropriation, thus violating international commitments. Finally, arbitration comes into play under income …

What Is A Fair Price For Objector Blackmail? Class Actions, Objectors, And The 2018 Amendments To Rule 23, Elizabeth Cabraser, Adam N. Steinman

Faculty Scholarship

As part of a symposium addressing what the next 50 years might hold for class actions, mass torts, and MDLs, this Article examines a recent amendment to Rule 23 that offers a new solution to the persistent problem of strategic objections. Most significantly, Rule 23 now requires the district judge to approve any payments made to class members in exchange for withdrawing or forgoing challenges to a class action settlement. Although the new provision is still in its infancy, it has already been deployed to thwart improper objector behavior and to bring for-pay objection practice out of the shadows. The …

Themes From Fallon On Constitutional Theory, Lawrence B. Solum

Faculty Scholarship

Law and Legitimacy in the Supreme Court by Professor Richard Fallon explores the relationship between normative legitimacy and the Supreme Court’s role in constitutional interpretation and construction. This essay interrogates Fallon’s ideas in the context of the great debate between originalism and living constitutionalism via the development of the themes. The first theme focuses on the relationship between Fallon’s views and the originalist claim that constitutional interpretation and construction should be constrained by the original public meaning of the constitutional text. The second theme focuses on Fallon’s development of the idea of reflective equilibrium as a method for constitutional theory …

China's Innovative Turn And The Changing Pharmaceutical Landscape, Peter K. Yu

Faculty Scholarship

For more than a decade, China has been the world's leading supplier of active pharmaceutical ingredients. Today, it is not only the world's second largest pharmaceutical market, behind only the United States, but it also produces about four percent of the world's new pharmaceutical products. Despite these impressive accomplishments, China does not have internationally recognized pharmaceutical brands that are comparable to those found in Europe or the United States, such as Johnson & Johnson, Merck, Novartis, Pfizer, Roche and Sanofi. Nor does China rival India in its status as the "pharmacy of the world," providing generic drugs to needy countries …

Involving Anthroponomy In The Anthropocene: On Decoloniality, Jeremy Bendik-Keymer

Faculty Scholarship

This book introduces the idea of anthroponomy – the organization of humankind to support autonomous life – as a response to the problems of today’s purported "Anthropocene" age. It argues for a specific form of accountability for the redressing of planetary-scaled environmental problems. The concept of anthroponomy helps confront geopolitical history shaped by the social processes of capitalism, colonialism, and industrialism, which have resulted in our planetary situation. Involving Anthroponomy in the Anthropocene: On Decoloniality explores how mobilizing our engagement with the politics of our planetary situation can come from moral relations. This book focuses on the anti-imperial work of …

Griffin V. Illinois: Justice Independent Of Wealth, Neil Sobol

Faculty Scholarship

More than sixty years ago in Griffin v. Illinois, Justice Hugo Black opined that equal justice cannot exist as long as “the kind of trial a man gets depends on the amount of money he has.” While Griffin dealt with the limited issue of the inability of a defendant to pay for an appellate transcript, the Supreme Court and legislatures would subsequently extend Black’s equal justice analysis to cases involving other forms of criminal justice debt assessed at trial, appeal, incarceration, and probation. Despite the promise of these judicial and legislative pronouncements, indigent defendants, relative to defendants with financial …

Resveratrol Delivery From Implanted Cyclodextrin Polymers Provides Sustained Antioxidant Effect On Implanted Neural Probes, Rebecca M. Haley, Jeffrey R. Capadona, Horst A. Von Recum, Evon S. Ereifej

Faculty Scholarship

Intracortical microelectrodes are valuable tools used to study and treat neurological diseases. Due in large part to the oxidative stress and inflammatory response occurring after electrode implantation, the signal quality of these electrodes decreases over time. To alleviate this response, resveratrol, a natural antioxidant which elicits neuroprotective effects through reduction of oxidative stress, was utilized. This work compares traditional systemic delivery of resveratrol to the novel cyclodextrin polymer (pCD) local delivery approach presented herein, both in vitro and in vivo. The pCD displayed an extended resveratrol release for 100 days, as well as 60 days of free radical scavenging activity …

Covid-19: Launching Neurosurgery Into The Era Of Telehealth In The United States, Christina Huang Wright, James Wright, Berje Shammassian

Faculty Scholarship

The authors discuss the implications of the COVID-19 pandemic on the use of telehealth in the United States.

Steam Treatment For Rapid Decontamination Of N95 Respirators And Medical Face Masks, Sarah N. Redmond, Lucas D. Jones, Curtis J. Donskey

Faculty Scholarship

No abstract provided.

Management Of Patients With Cerebellar Ataxia During The Covid-19 Pandemic, Aasef G. Shaikh

Faculty Scholarship

The current worldwide severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) pandemic that causes coronavirus disease 2019 (COVID-19) has brought some medical systems to the brink of collapse. This crisis is also negatively impacting the care of patients with non-COVID-19 conditions, including those with cerebellar ataxia (CA). Older patients with CA and those with immune-mediated ataxias on immunosuppressive medication are potentially at high risk of developing serious complications of the infection, although it is also possible that immunosuppressive agents may provide a defense against cytokine storm. This has implications for even greater attention to preventing contracting the disease through physical distancing …

Flattening The Curve In Covid-19 Using Personalised Protective Equipment: Lessons From Air Pollution, Sanjay Rajagopalan

Faculty Scholarship

No abstract provided.

Aga Institute Rapid Review Of The Gi And Liver Manifestations Of Covid-19, Meta-Analysis Of International Data, And Recommendations For The Consultative Management Of Patients With Covid-19, Perica Davitkov, Yngve Falck-Ytter

Faculty Scholarship

Background & aims: Multiple gastrointestinal (GI) symptoms, including diarrhea, nausea/vomiting, and abdominal pain, as well as liver enzyme abnormalities, have been variably reported in patients with coronavirus disease 2019 (COVID-19). This document provides best practice statements and recommendations for consultative management based on a systematic review and meta-analysis of international data on GI and liver manifestations of COVID-19. Methods: We performed a systematic literature search to identify published and unpublished studies using OVID Medline and preprint servers (medRxiv, LitCovid, and SSRN) up until April 5, 2020; major journal sites were monitored for US publications until April 19, 2020. We pooled …

Toward Standardization Of Electrophysiology And Computational Tissue Strain In Rodent Intracortical Microelectrode Models, John K. Hermann, Hillary W. Bedell, Keying Chen, Seth M. Meade, Cara S. Smith, Jacob M. Rayyan, He Feng, Youjoung Kim, Matthew A. Schiefer, Dawn M. Taylor, Jeffrey R. Capadona

Faculty Scholarship

Progress has been made in the field of neural interfacing using both mouse and rat models, yet standardization of these models’ interchangeability has yet to be established. The mouse model allows for transgenic, optogenetic, and advanced imaging modalities which can be used to examine the biological impact and failure mechanisms associated with the neural implant itself. The ability to directly compare electrophysiological data between mouse and rat models is crucial for the development and assessment of neural interfaces. The most obvious difference in the two rodent models is size, which raises concern for the role of device-induced tissue strain. Strain …

Adapting To Uncertainty: Nursing Responsiveness To Covid-19, Scott Emory Moore

Faculty Scholarship

No abstract provided.

Changes In Gastroenterology And Endoscopy Practices In Response To The Covid-19 Pandemic: Results From A North American Survey, Zachary L. Smith

Faculty Scholarship

Digestive manifestations appear to be common in patients with coronavirus disease 2019 (COVID19). Gastroenterologists will invariably come into contact with infected patients, and the risk of intraprocedural exposure is well established. Recommendations have been issued to guide personal protective equipment (PPE) use and the triage of procedural urgency, among other operational considerations. In response, institutions providing gastroenterology and endoscopy services have taken urgent action to protect patients and staff, but the uptake and extent of these practice changes in North America is unknown. We conducted a survey of gastroenterology and endoscopy practices to assess the response to the COVID-19 pandemic …

Head And Neck Survivorship Care In The Times Of The Sars-Cov-2 Pandemic, Victoria Huang

Faculty Scholarship

With the arrival of the coronavirus disease (SARS-CoV-2) in the United States, care practice paradigms have drastically changed. Data from China suggest that the new virus poses additional risks as case fatality of patients with cancer was higher at 5.6% compared to 2.3% of the general population. There are three proposed major strategies to address care for patients with cancer in this SARS-CoV-2 pandemic with postponing treatment for those with stable cancer, increasing personal protection provisions for patients with cancer, and increasing monitoring if a patient becomes infected with SARS-CoV-2. In this present commentary, we discuss the unique mental health …

How Big Data And Artificial Intelligence Can Help Better Manage The Covid-19 Pandemic, Giovanni Damiani

Faculty Scholarship

SARS-CoV2 is a novel coronavirus, responsible for the COVID-19 pandemic declared by the World Health Organization. Thanks to the latest advancements in the field of molecular and computational techniques and information and communication technologies (ICTs), artificial intelligence (AI) and Big Data can help in handling the huge, unprecedented amount of data derived from public health surveillance, real-time epidemic outbreaks monitoring, trend now-casting/forecasting, regular situation briefing and updating from governmental institutions and organisms, and health facility utilization information. The present review is aimed at overviewing the potential applications of AI and Big Data in the global effort to manage the pandemic. …

Convictions As Guilt, Anna Roberts

Faculty Scholarship

No abstract provided.

Physical Distancing With Social Connectedness, Kurt C. Stange

Faculty Scholarship

In light of concerns over the potential detrimental effects of declining care continuity, and the need for connection between patients and health care providers, our multidisciplinary group considered the possible ways that relationships might be developed in different kinds of health care encounters.We were surprised to discover many avenues to invest in relationships, even in non-continuity consultations, and how meaningful human connections might be developed even in telehealth visits. Opportunities range from the quality of attention or the structure of the time during the visit, to supporting relationship development in how care is organized at the local or system level …

Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.

Mr. Gorsuch, Meet Mr. Marshall: A Private-Law Framework For The Public-Law Puzzle Of Subdelegation, Gary S. Lawson

Faculty Scholarship

In the wake of Gundy v. United States, 139 S.Ct. 2116 (2019), there is reason to think that five Justices might be willing to consider reviving the constitutional non-subdelegation doctrine. But in what form? Judges and scholars have labored for more than two centuries to come up with a legally rigorous standard for evaluating the permissible scope and breadth of congressional grants of discretion to executive and judicial agents. Some, such as Justice Scalia, eventually gave up in despair. That is a grave mistake. Lawyers had faced subdelegation questions for centuries before the Constitution was ratified, in the context of …

Telehealth For An Aging Population: How Can Law Influence Adoption Among Providers, Payors, And Patients?, Tara Sklar, Christopher Robertson

Faculty Scholarship

Telehealth continues to experience substantial investment, innovation, and unprecedented growth. However, telehealth has been slow to transform healthcare. Recent developments in telehealth technologies suggest great potential for chronic care management, mental health services, and care delivery in the home—all of which should be particularly impactful for an aging population with physical and cognitive limitations. While this alignment of technological capacity and market demand is promising, legal barriers remain for telehealth operators to scale up across large geographic areas. To better understand how federal and state law can be reformed to enable greater telehealth utilization, we review and extract lessons from …

Technological Triage Of Immigration Cases, Fatma Marouf, Luz E. Herrera

Faculty Scholarship

In the medical profession, triage refers to sorting medical resources in emergency situations based on the greatest need for immediate attention. Similarly, legal service providers talk about “triaging” cases to prioritize individuals with the most serious problems. But in the immigration field, the concept of triage is turned on its head. Noncitizens with the riskiest cases—those facing deportation—have the least access to legal assistance, especially if they are detained. Technology has the potential to help with triage but is not yet being used effectively to assist with deportation defense. This Article argues that utilizing technology to facilitate access to representation …

Bringing Transparency And Accountability (With A Dash Of Competition) To Court-Connected Dispute Resolution, Nancy A. Welsh

Faculty Scholarship

Among the various dispute resolution processes, mediation is the most widely institutionalized in American courts. As a result, this Article focuses primarily, although not exclusively, on the data collected and disseminated regarding court-connected mediation. The Article begins with a brief description of the institutionalization of mediation and other dispute resolution processes in the federal judicial system and in select U.S. state court systems. This narrative reveals substantial reference to the availability of mediation but a dizzying patchwork in terms of institutionalization and a significant lack of system-wide information in some states. The Article then focuses on the data that these …

Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa

Faculty Scholarship

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law.

This article underscores the role of the postcolonial periphery in …

Presidential Ideology And Immigrant Detention, Catherine Y. Kim, Amy Semet

Faculty Scholarship

No abstract provided.

Tear Gas + Water Hoses + Dispersal Orders: The Fourth Amendment Endorses Brutality In Protest Policing, Karen Pita Loor

Faculty Scholarship

Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable seizures. However, the Court showed extreme deference to law enforcement’s use of force by using a permissive reasonableness analysis that bestows on police great leeway to make quick split-second decisions in tense and rapidly evolving circumstances. The result is a test that, from its inception, has been too forgiving of police violence and misconduct. This lax reasonableness standard, along with qualified immunity principles, has shielded police from § 1983 civil rights …

Information Technology And Firm Employment, James Bessen

Faculty Scholarship

Do firms displace labor with new information technologies such as “artificial intelligence”? It is challenging to distinguish the effects of technology adoption from unobserved productivity and demand shocks. We take a first look at the economic impacts of large custom software investment —“IT spikes”—using a novel methodology to obtain consistent estimates. Following these events, firm employment increases by about 7% and revenues by about 11%. Rather than displace labor, IT spikes increase revenues and markups, implying decreased labor share of output. Moreover, growth is greater for firms that use AI, IT-producing firms, newer firms, and those in the trade, service, …

Mediating Psychiatric Disability Accommodations For Workers In Violent Times, Michael Z. Green

Faculty Scholarship

Most workers in the United States are unhappy. Manifestations of that dissatisfaction can result in many workplace dilemmas when confronted with the situation of an employee dealing with mental illness. Fears of violence in our society have become prevalent with the increasing ferocity of high-profile and mass attacks in and out of the workplace. In believing mental illness contributes to some of these incidents, employers and co-workers have become extremely sensitive when a co-worker with a psychiatric disability has exhibited harassing or threatening behavior.

The Americans with Disabilities Act (ADA) was amended by the ADA Amendments Act of 2008 (ADAAA), …

Anticoagulation In Covid-19, Bassam Atallah

Faculty Scholarship

No abstract provided.