Digital Commons Network^™

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.

Bits And Bonds: The International Law And Economics Of Sovereign Debt, Stratos Pahis

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 …

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …

Ignoring Information Quality, Janet Freilich

Faculty Scholarship

Entry into the patent system is guarded by an examination process to screen out applications that impose undue costs on the public without commensurate benefit. To do this, patent examiners rely heavily on various pieces of information-both provided by the patent applicant and independently discovered by the examiner-to assess whether an application should be granted. This Article shows that there are few mechanisms at the U.S. Patent and Trademark Office for questioning the veracity of this information, even though it may be incorrect. Rather, patent examination often assumes that existence of information equals accuracy of information. Consequently, examiners may rely …

Secular Invocations And The Promise Of Religious Pluralism, Jay D. Wexler

Faculty Scholarship

The Supreme Court has considered the constitutionality of “legislative prayer” twice, once in the 1983 case of Marsh v. Chambers and once in the 2014 case of Town of Greece v. Galloway. Although both of those cases upheld challenged invocation practices on the basis that such practices predated the adoption of the First Amendment, they also placed additional limits on the nature of such prayer programs, including that they be non-discriminatory, as Justice Kennedy explained in Town of Greece. In response to Justice Kennedy’s non-discrimination mandate, hundreds of secular individuals in the wake of Town of Greece asked to give …

Comparison Of Energy Expenditure Observed Between Scheduled Activities In Collegiate Team-Sport Female Athletes, Jessica M. Moon, Hannah A. Zabriskie, Patrick S. Harty, Bradley S. Currier, Julia C. Blumkaitis, Richard A. Stecker, Andrew Jagim, Chad M. Kerksick

Faculty Scholarship

Energy needs of female team-sport athletes are poorly understood with no evidence highlighting differences present between scheduled activities. The purpose of this study was to examine the difference in energy expenditure between NCAA Division II female basketball (BBALL) and lacrosse (LAX) athletes during different scheduled team activities. Female BBALL (n = 13; 19.8 ± 1.3 yrs; 173.9 ± 13.6 cm; 74.6 ± 9.1kg; 27.1 ± 3.2%fat) and LAX (n = 20; 20.4 ± 1.8yrs; 168.4 ± 6.6cm; 68.8 ± 8.9kg; 27.9 ± 3.1%fat) athletes were outfitted with heart rate and activity monitors during four consecutive days on five different occasions …

The Private Option, Brendan S. Maher

Faculty Scholarship

Health care reform is once again in the air. Virtually all Democrats favor some meaningful expansion of public insurance, whether through single payer or the creation of a “public option” that would allow consumers dissatisfied with the private market to buy into a public program. Republicans, not surprisingly, have pushed back, not only against single payer, but also against the public option, saying it will drive private payors to extinction. All the political jousting implicates a larger and serious policy question; namely, what should be the role of private payors in the nation’s health care system?

Arguments to date on …

Not My Problem? Landlord Liability For Tenant-On-Tenant Harassment, Aric Short

Faculty Scholarship

Tenant-on-tenant harassment because of a victim’s race, gender, or other protected status, is a severe and increasingly widespread problem often targeting vulnerable tenants. The creation of a hostile housing environment violates the federal Fair Housing Act (FHA), and victims may recover from their abusers, whether they are landlords or fellow tenants. But plaintiffs in two recent FHA lawsuits sought recovery from their landlords for something different: their landlords’ failure to intervene in and stop harassment committed by other tenants. These suits raise novel and important questions about the scope of the FHA, but the two courts disagreed about how the …

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 …

In A Nutshell, A Reciprocal Transplant Experiment Reveals Local Adaptation And Fitness Trade-Offs In Response To Urban Evolution In An Acorn-Dwelling Ant, Ryan A. Martin, Lacy D. Chick, Matthew L. Garvin, Sarah E. Diamond

Faculty Scholarship

Urban-driven evolution is widely evident, but whether these changes confer fitness benefits and thus represent adaptive urban evolution is less clear. We performed a multiyear field reciprocal transplant experiment of acorn-dwelling ants across urban and rural environments. Fitness responses were consistent with local adaptation: we found a survival advantage of the “home” and “local” treatments compared to “away” and “foreign” treatments. Seasonal bias in survival was consistent with evolutionary patterns of gains and losses in thermal tolerance traits across the urbanization gradient. Rural ants in the urban environment were more vulnerable in the summer, putatively due to low heat tolerance, …

Follow-Up Enforcement, Andrew K. Jennings

Faculty Scholarship

No abstract provided.

Scotus In The Strait Of Messina: Steering The Course Between Private Rights And Public Powers, Donald J. Smythe

Faculty Scholarship

The greatest challenge for any civilized society is to find the appropriate balance of rights and responsibilities between the individual and society. In the United States, the Supreme Court is the ultimate arbiter of the line between individual rights and governmental powers. The prerogatives and protections for private property rights help to define that line. The Supreme Court has developed two distinct bodies of constitutional jurisprudence bearing on the protections for private property, one under the doctrine of substantive due process and the other under the Takings Clause. But the appropriate balance has been difficult to achieve, and the Supreme …

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 …

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 …

Why Are Women Lawyers Underrepresented In Criminal Justice?, Maryam Ahranjani

Faculty Scholarship

When the ABA’s Criminal Justice Section (CJS) created the Women in Criminal Justice Task Force (TF) in 2019, we knew that women lawyers in the criminal sector were underrepresented in the workforce, but we did not know why. Thus, the TF set out to investigate the challenges facing women criminal lawyers in hiring, retention, and promotion. By assembling a group of women with diverse lived and professional experiences, cochairs Professor Carla Laroche and Tina Luongo sought to elevate women’s voices previously not heard by CJS and develop and promote strategies to achieve full inclusion of those voices in CJS, the …

Mass-Velocity Dispersion Relation In Hiflugcs Galaxy Clusters, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

We investigate the mass-velocity dispersion relation (MVDR) in 29 galaxy clusters in the HIghest X-ray FLUx Galaxy Cluster Sample (HIFLUGCS). We measure the spatially resolved, line-of-sight velocity dispersion profiles of these clusters, which we find to be mostly flat at large radii, reminiscent of the rotation curves of galaxies. We discover a tight empirical relation between the baryonic mass M bar and the flat velocity dispersion σ of the member galaxies, i.e., MVDR,, with the lognormal intrinsic scatter of 12 -3 +3. The residuals of the MVDR are uncorrelated with other cluster properties like temperature, cluster radius, baryonic mass surface …

International Collaboration Framework For The Calculation Of Performance Loss Rates: Data Quality, Benchmarks, And Trends (Towards A Uniform Methodology), Alan J. Curran, Kunal Rath, Arash Khalilnejad, Roger H. French

Faculty Scholarship

The IEA PVPS Task 13 group, experts who focus on photovoltaic performance, operation, and reliability from several leading R&D centers, universities, and industrial companies, is developing a framework for the calculation of performance loss rates of a large number of commercial and research photovoltaic (PV) power plants and their related weather data coming across various climatic zones. The general steps to calculate the performance loss rate are (i) input data cleaning and grading; (ii) data filtering; (iii) performance metric selection, corrections, and aggregation; and finally, (iv) application of a statistical modeling method to determine the performance loss rate value. In …

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 …

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 …

Voice Of America Interviews Vinay Harpalani, 大學招生該不該考慮種族因素？哈佛“歧視亞裔”案上訴最高法院 (Should College Admissions Consider Racial Factors? Harvard "Discrimination Against Asians" Case Appealed To The Supreme Court), Vinay Harpalani, Mo Yu

Faculty Scholarship

However, Vinay Harpalani, a law professor at the University of New Mexico in the United States, believes that the Supreme Court will not accept it.

He said that the Supreme Court had just made a ruling on a similar issue five years ago. “It’s rare to reconsider this issue so quickly.” He said that although the previous case involved public universities and Article 14 of the Constitution. The amendment, this time involves private universities and Article 6 of the Civil Rights Law, but the legal principles are also equal protection clauses.

He also said that the "Student Fair Admissions Organization" …

Pernicious Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram

Faculty Scholarship

Bob Burdick began his career in clinical practice as a student in the clinic at Boston University School of Law in 1970, shortly after the civil clinic had been established as the Legal Aid Program in Hyde Park in 1969. Right out of law school, Bob worked at Greater Boston Legal Services (“GBLS”), he then was hired at BU as a clinical instructor and later promoted to director of what became the Civil Litigation Program in 1979. During the forty years Bob led the civil clinic (now renamed the Civil Litigation and Justice Program), he was the creative and innovative …

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 …

Takings Localism, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

Conflicts over “sanctuary” cities, minimum wage laws, and gender-neutral bathrooms have brought the problematic landscape of contemporary state preemption of local governance to national attention. This Article contends that more covert, although equally robust, state interference can be found in property, with significant consequences for our understanding of takings law.

Takings jurisprudence looks to the states to mediate most tensions between individual property rights and community needs, as the takings federalism literature recognizes. Takings challenges, however, often involve local governments. If the doctrine privileges the democratic process to resolve most takings claims, then, that critical process is a largely local …

Examining The Causal Impact Of Prenatal Home Visiting On Birth Outcomes: A Propensity Score Analysis, Elizabeth R. Anthony, Robert L. Fischer

Faculty Scholarship

Objectives: In Ohio, African American babies die at 2.5–3 times the rate of White babies. Preterm birth and low birth weight are the leading causes of infant mortality. Home visiting is an evidence-based strategy for serving low-income pregnant women; however, there are relatively few rigorous studies examining its effect on birth outcomes. Methods: This study uses a propensity score technique to estimate the causal effect of participation in home visiting on prematurity and low birth weight among a low-income, predominantly African American sample (N = 26,814). Results: We found that participation in home visiting significantly reduced the odds of experiencing …

Investigating Music-Based Cognitive Rehabilitation For Individuals With Moderate To Severe Chronic Acquired Brain Injury: A Feasibility Experiment, Nicole M. Richard Williams

Faculty Scholarship

Background: Acquired brain injuries often cause cognitive impairment, significantly impacting participation in rehabilitation and activities of daily living. Music can influence brain function, and thus may serve as a uniquely powerful cognitive rehabilitation intervention. Objective: This feasibility study investigated the potential effectiveness of music-based cognitive rehabilitation for adults with chronic acquired brain injury. Methods: The control group participated in three Attention Process Training (APT) sessions, while the experimental group participated in three Music Attention Control Training (MACT) sessions. Pre-and post- testing used the Trail Making A & B, Digit Symbol, and Brown-Peterson Task as neuropsychological tests. Results: ANOVA analyses showed …

Mandating Disclosure Of Climate-Related Financial Risk, Madison Condon, Sarah Ladin, Jack Lienke, Michael Panfil, Alexander Song

Faculty Scholarship

Climate change presents grave risk across the U.S. economy, including to corporations, their investors, the markets in which they operate, and the American public at large. Unlike other financial risks, however, climate risk is not routinely disclosed to the public. Insufficient corporate disclosures have persisted despite the Securities and Exchange Commission’s (“SEC”) issuance of regulatory guidance on the topic, the emergence of voluntary disclosure frameworks and standards, and growing calls from major investors for improved disclosure. Given the inadequacy of the current regime, the SEC should take further action to fulfill its statutory mandate to protect investors and promote efficiency, …