Digital Commons Network^™

Law, Fact, And Procedural Justice, G. Alexander Nunn

Faculty Scholarship

The distinction between questions of law and questions of fact is deceptively complex. Although any first-year law student could properly classify those issues that fall at the polar ends of the law-fact continuum, the Supreme Court has itself acknowledged that the exact dividing line between law and fact—the point where legal inquiries end and factual ones begin—is “slippery,” “elusive,” and “vexing.” But identifying that line is crucially important. Whether an issue is deemed a question of law or a question of fact often influences the appointment of a courtroom decision maker, the scope of appellate review, the administration of certain …

Franchisor Power As Employment Control, Andrew Elmore, Kati Griffith

Faculty Scholarship

Labor and employment laws are systematically underenforced in low-wage, franchised workplaces. Union contracts, and the benefits and protections they provide, are nonexistent. The Fight for Fifteen movement has brought attention to the low wages, systemic violations of workers’ rights, and lack of collective representation in fast-food franchises. Given that franchisees can be judgment-proof and cannot set industry standards, the deterrence, remedial, and collective bargaining goals of labor and employment laws can depend on holding the franchisor (the brand) responsible under the joint employer doctrine. In a series of cases, however, a dominant approach has emerged that essentially foreclosed the possibility …

Rethinking The Plra: The Resiliency Of Injunctive Practice And Why It’S Not Enough, Allison Freedman

Faculty Scholarship

During the latter part of the twentieth century, prison populations in the United States increased exponentially and the nation became notorious for mass incarceration. Despite what many viewed as a broken prison system, in 1996 Congress passed the Prison Litigation Reform Act (“PLRA”), with the avowed purpose of hindering prisoners and their advocates from bringing civil rights actions to challenge prison conditions, laws, and policies. To accomplish this, Congress curbed courts’ most powerful remedial tool—injunctive relief. As a result, early scholarship predicted that injunctive practice would become a useless tool in prison reform litigation.

Instead, twenty-five years after Congress passed …

From Exposure To Violence Between Mother And Her Intimate Partner To Suicidality Experienced By Urban Adolescents In Chicago’S Southside, Dexter R. Voisin

Faculty Scholarship

Although the relationship between exposure to intimate partner violence and youths’ psychological and other wellbeing has been widely studied, there is limited research about how youths’ exposure to violence between mother and her intimate partner may be related to youth psychological wellbeing. The study used a sample of urban adolescents in Chicago Southbound to examine whether youths’ exposure to verbal conflict between mother and her intimate partner is related to their suicidality and whether youth depression and aggression may be in between such a linkage. Our findings indicated that one-third of the youth had suicidal thoughts or suicidal/self-hurting attempts. Youths’ …

Molecular Diagnosis Of Sars-Cov-2: Assessing And Interpreting Nucleic Acid And Antigen Tests, Peter A. Zimmerman, Christopher L. King, Mahmoud Ghannoum, Robert A. Bonomo, Gary W. Procop

Faculty Scholarship

In this review, we summarize the current status of nucleic acid and antigen testing required for diagnosing SARS-CoV-2 infection and COVID-19 disease. Nucleic acid amplification (NAAT) and antigen-detection (Ag) tests occupy a critically important frontline of defense against SARS-CoV-2 in clinical and public health settings. In early stages of this outbreak, we observed that identifying the causative agent of a new illness of unknown origin was greatly accelerated by characterizing the nucleic acid signature of the novel coronavirus. Results from nucleic acid sequencing led to the development of highly sensitive RT-PCR testing for use in clinical settings and to informing …

Brief For The National Stripper Well Association As Amicus Curiae, L. Ruth Fawcett Tr. V. Oil Producers, Inc. Of Kansas, Joseph A. Schremmer, Charles C. Steincamp

Faculty Scholarship

In its briefings, the Class in this appeal, in spite of the evidence, evokes the myth of a great conspiracy between operators and marketers, and it advances a theory that threatens impermissible economic and underground waste of natural gas resources. The language of the parties' oil and gas leases, on the other hand, sets up bargained-for arrangement that enables the parties to share in the benefits of stripper gas production and promotes conservation of the state's natural gas reserves.

Brief For American Indian Law Scholars As Amicus Curiae, Stephen C., Et Al V. Bureau Of Indian Education, Et Al.,, Barbara L. Creel, Tierra N. Marks, Randolph H. Barnhouse

Faculty Scholarship

Indian Civil Rights/Education Lawsuit

View this and other court documents at Turtle Talk.

Congress’s declared federal policy is “to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children.” 25 U.S.C. § 2000. This federal policy is the touchstone of the federal government’s trust obligation to Indian families and their children. When the BIA (through the BIE) fails to protect the rights of Indian children to “educational opportunities that equal or exceed those for all other students in the United States,” courts have a vital role to …

Victims, Right?, Anna Roberts

Faculty Scholarship

No abstract provided.

Structural Racism And Risk Of Sars-Cov-2 In Pregnancy, Rachel Pope, Prakash R. Ganesh, Jill Miracle, Johnie Rose, Kurt C. Stange, Terry Allan, Heidi Gullett

Faculty Scholarship

Background: Structural racism leads to adverse health outcomes, as highlighted by inequities in COVID-19 infections. We characterized Black/White disparities among pregnant women with SARS-CoV-2 in Cuyahoga County which has some of the most extreme health disparities in the U.S., such as a rate of Black infant mortality that is three times that of White counterparts. Methods: This was a retrospective cohort study using data collected as part of public health surveillance between March 16, 2020 until October 1, 2020. This study aimed to compare Black and Non-Black pregnant women infected with SARS-CoV-2 to understand how the distribution of risk factors …

American Punishment And Pandemic, Danielle C. Jefferis

Faculty Scholarship

Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America’s prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on perpetual lockdowns since the onset of the pandemic, with family visits suspended and some facilities resorting to solitary confinement to mitigate the virus’s spread, thereby exacerbating the punitiveness and harmfulness of incarceration. With the majority of the 2.3 million people incarcerated …

A Convergent Functional Genomics Analysis To Identify Biological Regulators Mediating Effects Of Creatine Supplementation, Diego A. Bonilla, Yurany Moreno, Eric S. Rawson, Diego A. Forero, Jeffrey R. Stout, Chad M. Kerksick, Michael D. Roberts, Richard B. Kreider

Faculty Scholarship

Creatine (Cr) and phosphocreatine (PCr) are physiologically essential molecules for life, given they serve as rapid and localized support of energy- and mechanical-dependent processes. This evolutionary advantage is based on the action of creatine kinase (CK) isozymes that connect places of ATP synthesis with sites of ATP consumption (the CK/PCr system). Supplementation with creatine monohydrate (CrM) can enhance this system, resulting in well-known ergogenic effects and potential health or therapeutic benefits. In spite of our vast knowledge about these molecules, no integrative analysis of molecular mechanisms under a systems biology approach has been performed to date; thus, we aimed to …

American Edibles: How Cannabis Regulatory Policy Rehashes Prohibitionist Fears And What To Do About It, Connor Burns, Jay D. Wexler

Faculty Scholarship

Why can’t we buy a cannabis muffin with our morning coffee? For much of the past century, the answer was simple: cannabis was illegal. Now, however, with more and more states legalizing cannabis for adult use, the answer is far less clear. Even in those states that have legalized cannabis, the simple action of buying and eating edibles at the same location has somehow remained a pipe dream despite consumer demand. Digging a little deeper, we can see how contemporary alarmism, by rehashing the same prohibitionist rhetoric demonizing cannabis for over eighty years, has once again arisen with a new …

The Influence Of Sport Nutrition Knowledge On Body Composition And Perceptions Of Dietary Requirements In Collegiate Athletes, Andrew R, Jagim, Jennifer B. Fields, Meghan Magee, Chad Kerksick, Joel Luedke, Jacob Erickson, Margaret T. Jones

Faculty Scholarship

Sport nutrition knowledge has been shown to influence dietary habits of athletes. The purpose of the current study was to examine relationships between sport nutrition knowledge and body composition and examine potential predictors of body weight goals in collegiate athletes. Participants included National Collegiate Athletic Association Division III women (n = 42, height: 169.9 ± 6.9 cm; body mass: 67.1 ± 8.6 kg; fat-free mass: 51.3 ± 6.6 kg; body fat percent: 24.2 ± 5.3%) and men (n = 25, height: 180.8 ± 7.2 cm; body mass: 89.2 ± 20.5 kg; fat-free mass: 75.9 ± 12.2 kg; body fat percent: …

Impact Of Glucosamine Supplementation On Gut Health, Jessica M. Moon, Peter Finnegan, Richard A. Stecker, Hanna Lee, Kayla M. Ratliff, Ralf Jäger, Martin Purpura, Carolyn M. Slupsky, Mario L. Marco, Craig J. Wissent, Jason Theodosakis, Chad Kerksick

Faculty Scholarship

Glucosamine (GLU) is a natural compound found in cartilage, and supplementation with glucosamine has been shown to improve joint heath and has been linked to reduced mortality rates. GLU is poorly absorbed and may exhibit functional properties in the gut. The purpose of this study was to examine the impact of glucosamine on gastrointestinal function as well as changes in fecal microbiota and metabolome. Healthy males (n = 6) and females (n = 5) (33.4 ± 7.7 years, 174.1 ± 12.0 cm, 76.5 ± 12.9 kg, 25.2 ± 3.1 kg/m2, n = 11) completed two supplementation protocols that each spanned …

Comparing The Inner And Outer Star-Forming Complexes In The Nearby Spiral Galaxies Ngc 628, Ngc 5457, And Ngc 6946 Using Uvit Observations, Stacy S. Mcgaugh

Faculty Scholarship

We present a far-UV (FUV) study of the star-forming complexes (SFCs) in three nearby galaxies using the Ultraviolet Imaging Telescope. The galaxies are close to face-on and show significant outer disk star formation. Two of them are isolated (NGC 628 and NGC 6946), and one is interacting with distant companions (NGC 5457). We compared the properties of the SFCs inside and outside the optical radius (R 25). We estimated the sizes, star formation rates (SFRs), metallicities, and Toomre Q parameter of the SFCs. We find that the outer disk SFCs are at least 10 times smaller in area than those …

From Productivity To Firm Growth, James Bessen, Erich Denk

Faculty Scholarship

It is widely held that more productive firms grow faster, thus reallocating resources and raising aggregate productivity. Yet little empirical research identifies the features of the mechanisms affecting this process. This paper develops and tests a general model encompassing several mechanisms used to overcome informational frictions to growth. We find that firm size, productivity dispersion, and large firm investments in intangibles are all significantly related to changes in firm growth in response to productivity. These factors can account for much of the decline in the response to productivity since 2000 (Decker et al. 2020). Also, industry concentration is directly related …

Plant Proteins And Exercise: What Role Can Plant Proteins Have In Promoting Adaptations To Exercise?, Chad M. Kerksick, Andrew Jagim, Anthony Hagele, Ralf Jäger

Faculty Scholarship

Adequate dietary protein is important for many aspects of health with current evidence suggesting that exercising individuals need greater amounts of protein. When assessing protein quality, animal sources of protein routinely rank amongst the highest in quality, largely due to the higher levels of essential amino acids they possess in addition to exhibiting more favorable levels of digestibility and absorption patterns of the amino acids. In recent years, the inclusion of plant protein sources in the diet has grown and evidence continues to accumulate on the comparison of various plant protein sources and animal protein sources in their ability to …

Caregiving Stress And Self-Rated Health During The Covid-19 Pandemic: The Mediating Role Of Resourcefulness, Elliane Irani, Atsadaporn Niyomyart, Jaclene A. Zauszniewski

Faculty Scholarship

Family caregivers faced unprecedented circumstances and experienced increased levels of stress during the COVID-19 pandemic. Resourcefulness can minimize the effect of stress on health outcomes. The purpose of this study was to examine the associations between caregiving stress during the pandemic, resourcefulness, and self-rated health and assess the mediating effect of resourcefulness. A convenience sample of 70 family caregivers of adults with chronic and/or disabling conditions was recruited using social media groups and professional networking platforms. Data were collected using an online survey and analyzed using linear regression. Mediation analysis was conducted using the PROCESS macro. Higher levels of caregiving …

Localizing The Green Energy Revolution, Hannah Jacobs Wiseman

Faculty Scholarship

The United States is on the verge of a new industrial revolution. Renewable energy could replace more than 60% of our current energy generation infrastructure in fifteen years. This change is critical, yet it risks failure. The renewable generation already built in the United States consists primarily of large-scale projects connected to transmission lines in rural areas. The expansive new generation needed to reduce carbon emissions must also be predominantly large-scale, and rural, for reasons of efficiency. But a revolution that focuses nearly exclusively on “big energy” is likely to encounter obstacles, and it has downsides that could be mitigated …

Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang

Faculty Scholarship

A transgender person faces obstacles trying to negotiate a gender-binary world. Going through a TSA checkpoint is no different. A substantial number of transgender persons have reported that they were detained and examined because they were transgender.1 Why this situation persists and what policy reforms should be implemented to alleviate it are the subjects of this Essay. This Essay is devoted mainly to the theme of transgender rights, rather than race, a central theme of the symposium in which this Essay appears. Given the relatively small pool of transgender individuals for whom data is available, this Essay is unable to …

Bargaining Without Bias, Cynthia Alkon

Faculty Scholarship

In this article, to work towards decreasing bias in plea bargaining, I propose a structural fix and an individual fix to these core problems. The structural fix is that prosecutors' offices should adopt policies for blind assessment of cases when the first plea offer is made. All indicia of race or ethnicity (including names and neighborhoods) should be removed when prosecutors review a case and make the initial plea offer. This would help prosecutors focus on the facts and their evidence when making a plea offer and prevent bias in decision making. However, it is not realistic to expect that …

Predatory Fintech And The Politics Of Banking, Christopher K. Odinet

Faculty Scholarship

With American families living on the financial edge and seeking out high-cost loans even before COVID-19, the term financial technology or “fintech” has been used like an incantation aimed at remedying everything that’s wrong with America’s financial system. Scholars and supporters from both the public and private sector proclaim that innovations in financial technology will “bank the unbanked” and open new channels to affordable credit. This exuberance for all things tech in finance has led to a quiet yet aggressive deregulatory agenda, including, as of late, a federal assault via rulemaking on the ability of states to police the cost …

Visible Policing: Technology, Transparency, And Democratic Control, Hannah Bloch-Wehba

Faculty Scholarship

Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand—let alone set limits on—new investigative methods and techniques for two major reasons. First, new surveillance technology tends to operate in opaque and unaccountable ways, augmenting police power while remaining free of meaningful oversight. Second, shifts in Fourth Amendment doctrine have expanded law enforcement’s ability to engage in surveillance relatively free of scrutiny by courts or by the public. The result is that modern policing is not highly visible to oversight institutions …

Designing An Independent Public Health Agency, Jacqueline Salwa, Christopher Robertson

Faculty Scholarship

We believe that Congress should act on a bipartisan basis to fix U.S. public health institutions. Legislators could decide to merely buttress current institutions, as former commissioners have suggested be done for the FDA.1 Alternatively, legislators could consider a broad reorganization of public health functions and create a superagency, whose purview would include everything from the approval of drugs and devices to the maintenance of national stockpiles of protective equipment.

Use Of Electronic Pharmacy Transaction Data And Website Development To Assess Antibiotic Use In Nursing Homes, Sunah Song, Brigid M. Wilson, Robin L.P. Jump

Faculty Scholarship

Background: In 2017, the Centers for Medicare and Medicaid Services required all long-term care facilities, including nursing homes, to have an antibiotic stewardship program. Many nursing homes lack the resources, expertise, or infrastructure to track and analyze antibiotic use measures. Here, we demonstrate that pharmacy invoices are a viable source of data to track and report antibiotic use in nursing homes. Methods: The dispensing pharmacy working with several nursing homes in the same healthcare corporation provided pharmacy invoices from 2014 to 2016 as files formatted as comma separated values. We aggregated these files by aligning elements into a consistent set …

New England State Senates: Case Studies For Revisiting The Indirect Election Of Legislators, Tyler Quinn Yeargain, Quinn Yeargain

Faculty Scholarship

No abstract provided.

If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll

Faculty Scholarship

This Essay explores the challenges of that representation and the false dichotomies it creates—dichotomies that carry tremendous burdens for stakeholders—from my perspective as a public defender. It is the only perspective I know, and so it is an incomplete story. I cannot tell the whole story of representation no matter how generous the word count or deadline. I do not know it. Nor can I tell my complete story of what it was to be a representative. But this is a start. My story is written in the first person and tries at once both to be personal and to …

But Is It Good: The Need To Measure, Assess, And Report On Court-Connected Adr, Nancy A. Welsh

Faculty Scholarship

We know that very few civil matters reach disposition through trial—but what do we really know about how civil cases do reach disposition? What number of civil cases reach disposition through settlement? What number of civil cases reach settlement through court-connected “alternative” dispute resolution (ADR)? Do we know enough about the results of courtconnected ADR to be able to detect potential patterns of systemic discrimination? This Article examines what we know from federal and state court systems’ public reporting and finds: 1) only a minority of federal district courts and state court systems report regarding dispositions through settlement; 2) there …

Marijuana Legalization And The Role Of The Massachusetts Legislature, Sean J. Kealy

Faculty Scholarship

The public is often frustrated when Congress or their state legislature is not responsive to their policy priorities. This was especially true during the effort to legalize marijuana in Massachusetts. The legislature consistently refused to take up the issue despite public support. Legalization advocates ultimately bypassed the legislature by turning to the ballot-initiative process on three occasions: first to decriminalize possession of small amounts of marijuana, then to legalize medical marijuana, and most recently to legalize recreational marijuana. After the electorate legalized recreational marijuana, the legislature further frustrated advocates, first by delaying implementation of key parts of the law and …

A Scapegoat Theory Of Bivens, Katherine Mims Crocker

Faculty Scholarship

Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems—and the in-groups’ complicity in perpetuating them—directly.

This Essay suggests that it may be productive to view the Bivens regime’s rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …