Digital Commons Network^™

Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations. The framework has survived in no small part because government institutions have themselves played an important role in helping to fill in and clarify the framework through their practices and interactions, informed by the realities of governance. Courts, the political branches, and academic commentators commonly give weight to such …

Automation In Moderation, Hannah Bloch-Wehba

Faculty Scholarship

This Article assesses recent efforts to encourage online platforms to use automated means to prevent the dissemination of unlawful online content before it is ever seen or distributed. As lawmakers in Europe and around the world closely scrutinize platforms’ “content moderation” practices, automation and artificial intelligence appear increasingly attractive options for ridding the Internet of many kinds of harmful online content, including defamation, copyright infringement, and terrorist speech. Proponents of these initiatives suggest that requiring platforms to screen user content using automation will promote healthier online discourse and will aid efforts to limit Big Tech’s power.

In fact, however, the …

Crisis? Whose Crisis?, Jack M. Beermann

Faculty Scholarship

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …

Johnny Veeder Qc 1948–2020, William W. Park

Faculty Scholarship

Thirty-six years ago, with a handful of arbitration aficionados, Johnny Veeder founded Arbitration International, later providing yeoman service as the journal’s second General Editor. He pushed the journal to aim at delivery of high-quality scholarship in the English language, on a broad spectrum of topics related to resolution of cross-border disputes, both public and private.

Deconstructing Foundational Principles Of Trusts And Estates Law, Sergio Pareja

Faculty Scholarship

REVIEW: Naomi R. Cahn, Dismantling the Trusts and Estates Canon, 2019 Wis. L. Rev. 165 (2019).

All areas of the law have certain foundational principles or beliefs that are widely shared. These underlying assumptions often go unchallenged. In the trusts and estates field, these principles include: (1) giving a certain amount of ongoing control to the transferor, or in the case of a decedent, to the “dead hand,” (2) respect for formality, (3) the importance of the traditional, legally-recognized family, and (4) the “wealth” narrative that focuses on the transmission of conventional forms of wealth.

In her …

Can International Patent Law Help Mitigate Cancer Inequity In Lmics?, Srividhya Ragavan, Amaka Vanni

Faculty Scholarship

Although low- and middle-income countries (LMICs) bear 75% of the cancer burden globally, their available resources to treat cancer constitute less than 5% of global health resources. This inequity makes it imperative to take appropriate measures to treat and prevent cancer in LMICs, which should include consideration of trade and patent policies. This article highlights some impediments to effective use of existing policies to promote access to treatment and prevention measures in LMICs and offers recommendations about next steps.

Developmental Justice And The Voting Age, Katharine B. Silbaugh

Faculty Scholarship

Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco (18 to 21); driving (16 to 18); and obtaining support from the foster care system (18 to 21). Child welfare advocates are fighting the harms of Adultification, meaning the projection of adult capacities, responsibilities, and consequences onto minors. In legal and social history, seeing …

Putting The Notice Back Into Pleading, Robin Effron

Faculty Scholarship

No abstract provided.

Excited State Lifetimes Of Sulfur-Substituted Dna And Rna Monomers Probed Using The Femtosecond Fluorescence Up-Conversion Technique, Matthew M. Brister, Carlos E. Crespo-Hernández

Faculty Scholarship

Sulfur-substituted DNA and RNA nucleobase derivatives (a.k.a., thiobases) are an important family of biomolecules. They are used as prodrugs and as chemotherapeutic agents in medical settings, and as photocrosslinker molecules in structural-biology applications. Remarkably, excitation of thiobases with ultraviolet to near-visible light results in the population of long-lived and reactive triplet states on a time scale of hundreds of femtoseconds and with near-unity yields. This efficient nonradiative decay pathway explains the vanishingly small fluorescence yields reported for the thiobases and the scarcity of fluorescence lifetimes in the literature. In this study, we report fluorescence lifetimes for twelve thiobase derivatives, both …

Koab Interviews Joshua Kastenberg About The Impeachment Process (Us Senators Discuss Impartiality During Impeachment Trial), Joshua E. Kastenberg, Patrick Hayes

Faculty Scholarship

UNM law professor Joshua Kastenberg said jurors in the Senate are different than jurors in a traditional courtroom. "Members of the United States Senate have a great deal of immunity while they're working in the scope of their duties," Kastenberg said. "And what I mean by immunity, they're immune from criminal indictments of various natures, immune from civil suits as long as it's within the scope of their duties and so a violation of the oath of office is really going to be addressed by the voters."

Arcing Towards Justice: Dr. King’S 2020 Vision, Sonia Gipson Rankin

Faculty Scholarship

Professor Gipson Rankin discusses the Rev. Dr. Martin Luther King’s journey, the experiences that shaped his worldviews, and how we can use these ideas to create a strong future for everyone. She connects Dr. King’s work to artificial intelligence and equality.

If the media player is not working, go directly to the video on the Sandia National Laboratories Mediasite.

Tracing The Dynamical Mass In Galaxy Disks Using H I Velocity Dispersion And Its Implications For The Dark Matter Distribution In Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We present a method to derive the dynamical mass of face-on galaxy disks using their neutral hydrogen (H i) velocity dispersion (σ H i). We have applied the method to nearby, gas-rich galaxies that have extended H i gas disks and have low inclinations. The galaxy sample includes four large disk galaxies, NGC 628, NGC 6496, NGC 3184, and NGC 4214, and three dwarf galaxies, DDO 46, DDO 63, and DDO 187. We have used archival H i data from The H i Nearby Galaxy Survey (THINGS) and the LITTLE THINGS survey to derive the H i gas distributions and …

Systematic Review Of Technology-Based Interventions Targeting Chronically Ill Adults And Their Caregivers, Elliane Irani, Atsadaporn Niyomyart, Ronald L. Hickman Jr.

Faculty Scholarship

The purpose of this systematic review is to synthesize the study design features as well as the attributes and outcomes of technology-based health interventions targeting chronically ill adults and their family caregivers. Twenty papers representing 19 studies met the inclusion criteria. Various theoretical foundations or approaches guided the interventions in 11 studies. Interventions either aimed to support patient self-management and improve patient outcomes or enhance shared illness management and improve patient and caregiver outcomes. The interventions included educational, behavioral, and support components and were delivered using various technologies ranging from text messaging to using the Internet. Overall, patients and caregivers …

Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis

Faculty Scholarship

No abstract provided.

The Invested In Diabetes Study Protocol: A Cluster Randomized Pragmatic Trial Comparing Standardized And Patient-Driven Diabetes Shared Medical Appointments, Martha Sajatovic

Faculty Scholarship

Background: Shared medical appointments (SMAs) have been shown to be an efficient and effective strategy for providing diabetes self-management education and self-management support. SMA features vary and it is not known which features are most effective for different patients and practice settings. The Invested in Diabetes study tests the comparative effectiveness of SMAs with and without multidisciplinary care teams and patient topic choice for improving patient-centered and clinical outcomes related to diabetes. Methods: This study compares the effectiveness of two SMA approaches using the Targeted Training for Illness Management (TTIM) curriculum. Standardized SMAs are led by a health educator with …

Making Space For The Adolescent Unconscious: A Case-Based Reflection On Practice, Donna M. San Antonio Dr., Nathan Gorelick

Faculty Scholarship

Community-based psychotherapists and school counsellors work to assist adolescents through sharing resources, building awareness of cognition and behavior, and skill development in communicative competence. However, adolescents, eager to delve deeper into the unknown territory of their being, also present us with speech and acts coming from the unconscious, in the form of metaphors, forgetting, behavioral excesses, mishaps, and physical symptoms. As adolescents search for ways to manage childhood trauma, find meaning and purpose in their lives, and clarify an aspirational direction that makes sense to them, they rarely have opportunities to work at a deeper level. In this article, psychoanalytically …

Dialectics Of The Right To Freedom Of Religion Or Belief, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Adr: Disputing With A Modern Face, Or Bargaining For The Bargain Impaired?, Robert J. Condlin

Faculty Scholarship

The Alternative Dispute Resolution (ADR) movement might turn out to be one of the most important chapters in the history of the American judicial system. Or, it might not. In its most grandiose form, ADR turns disputing on its head, transferring control over outcome from third-party decision-makers to the disputants themselves, and defining disputing procedure in ad hoc, party-constructed guidelines tailored to the circumstances rather than fixed, generic, and categorical rules applicable uniformly in all situations. In its less grandiose form, ADR simply institutionalizes a system of multi-party bargaining in which third-party neutrals help disputants identify individual interests and find …

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, Joshua E. Kastenberg

Faculty Scholarship

This article is divided into three sections, and it incorporates original research from the personal correspondences of several judges and justices. This article includes unpublished correspondences from various judicial collections at the Library of Congress, the Bentley Historical Library at the University of Michigan, the Washington and Lee School of Law’s special collections, the Richard Nixon and Ronald Reagan Presidential Libraries, the National Library of Australia in Canberra, and Canada’s National Archives in Ottawa. The first section analyzes the current framework governing judicial disqualification based on the separation of powers doctrine as well as the right to an impartial judiciary, …

Civil Rights In Living Color, Vinay Harpalani

Faculty Scholarship

This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …

Correcting The Record: Post-Publication Corrections And The Integrity Of Legal Scholarship, Janet Sinder

Faculty Scholarship

No abstract provided.

Get With The Pronoun, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Bad Actors: Authenticity, Inauthenticity, Speech, And Capitalism, Sarah Haan

Faculty Scholarship

No abstract provided.

Covid-19 Mutual Aid, Anti-Authoritarian Activism, And The Law, Michael Haber

Faculty Scholarship

No abstract provided.

“Judicial Role” And Judicial Duty In Foreign Affairs, Ryan Williams

Faculty Scholarship

No abstract provided.

There’S Feminism In These Judgments, Anita Bernstein

Faculty Scholarship

No abstract provided.

Bringing Relevance Back To Consumer Bankruptcy, Nathalie Martin

Faculty Scholarship

The Seventeenth Annual Emory Bankruptcy Developments Journal Symposium

This Paper presumes that readers want to make bankruptcy more useful for consumers and for society as a whole. If this is true, we need to ask two questions: first, what do individual consumers hope to get out of the system, and second, what does society hope to get out of the system?

Part I of this Paper discusses the increase in debt over the last two decades, the growing wage and income gap, growing debt inequality and race, and the fall of the CFPB, all justifications for using the bankruptcy system …

Remaking Environmental Justice, Clifford Villa

Faculty Scholarship

From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other dimensions of diversity. New and continuing challenges tell us that we need to reframe our understanding of environmental justice to ensure better protection for people going forward. One way to reframe this understanding may be to apply the heuristic of vulnerability analysis as proposed by legal theorist Martha …

Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer

Faculty Scholarship

Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort of trespass …