Digital Commons Network^™

Public Health Surveillance In The Context Of Covid-19, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

A Proper Burial, Robert L. Tsai

Faculty Scholarship

This is an invited response to Professor Mark Killenbeck's article, "Sober Second Thoughts? Korematsu Reconsidered." In his contrarian piece, Killenbeck argues that Korematsu was defensible, albeit on narrow grounds: it advanced the development of strict scrutiny. He goes on to argue that comparisons between the internment case and the Supreme Court's Muslim travel ban case are overwrought and that the latter case, too, is defensible. I'm not convinced. First, to say that a ruling is defensible is not saying much; far better for critiques to be tethered to sterner standards. Second, after all these years, Korematsu remains a poorly reasoned …

Second Panel Discussion - Symposium: Who Makes Esg? Understanding Stakeholders In The Esg Debate, Lisa M. Fairfox, Carmen X. W. Lu, David H. Webber

Faculty Scholarship

This symposium was hosted virtually by Fordham University School of Law on October 23, 2020. The transcript has been edited for clarity and to provide sources, references, and explanatory materials for certain statements made by the speakers.

The second panel discussion was on the topic of "Stakeholders as the driving force of ESG." Panelists for the second panel were Carmen Lu, Lisa Fairfax, and David Webber.

The Covid-19 Pandemic And The Technology Trust Gap, Johanna Gunawan, David Choffnes, Woodrow Hartzog, Christo Wilson

Faculty Scholarship

Industry and government tried to use information technologies to respond to the COVID-19 pandemic, but using the internet as a tool for disease surveillance, public health messaging, and testing logistics turned out to be a disappointment. Why weren’t these efforts more effective? This Essay argues that industry and government efforts to leverage technology were doomed to fail because tech platforms have failed over the past few decades to make their tools trustworthy, and lawmakers have done little to hold these companies accountable. People cannot trust the interfaces they interact with, the devices they use, and the systems that power tech …

The Case Of The Nosy Neighbors, Johanna Gunawan, Woodrow Hartzog

Faculty Scholarship

Inspired by companies like Clearview AI, Nextdoor, and Amazon, this case study asks students to assume the role of a high-ranking ethics-focused employee at a (fictional) neighborhood-focused social media company. It involves challenging ethical questions around how social media services and surveillance tools are built and used, and the complicated relationship between companies, their users, and law enforcement authorities. Students should pay particular attention to the values implicated by certain design decisions, and the competing incentives for corporations that might complicate the picture for ethical decision making.

The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed

Faculty Scholarship

While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.[1] Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts …

Antibiotic Development Incentives That Reflect Societal Value Of Antibiotics, Helen Boucher, Thomas M. File, Vance Fowler, Amanda Jezek, John Rex, Kevin Outterson

Faculty Scholarship

TO THE EDITOR—Rome and Kesselheim [1] claimed that rewarding developers of novel antibiotics with transferable exclusivity vouchers is an expensive approach to promoting antibiotic development. This analysis is incomplete as it focuses only on the cost of bringing new antibiotics to market without acknowledging their societal value. The authors also did not suggest an alternative approach. With patients running out of treatment options for resistant infections, failing to strengthen the antibiotic pipeline is not a reasonable option.

Rethinking "Political" Considerations In Investment, David H. Webber

Faculty Scholarship

Five years ago, Professor David H. Webber was invited to deliver an address both to our Delaware Law School community and to the Delaware Bench and Bar as Visiting Scholar in Residence of Corporate and Business Law. Webber's Speech, "Rethinking 'Political' Considerations in Investment," made several predictions about the rise of politicized investment which were quite prescient. As relevant today as when it was delivered, this piece explores the consideration of investment factors outside the traditional realm of shareholder profit maximization, both in its current state and in the future. Webber's analysis of how investors balance the role of capital …

Race, Risk, And Personal Responsibility In The Response To Covid-19, Aziza Ahmed, Jason Jackson

Faculty Scholarship

The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportion­ate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and inequitable health outcomes. Despite clear racial disparities in illness and deaths, the neoliberal ideology of personal responsibility shifts the onus for mitigation of risk away from the social and legal determinants of health and onto the individual. To understand how and why these disparate racial outcomes arise, this Piece …

Ten Truths About Tax Havens: Inclusion And The "Liberia" Problem, Steven A. Dean, Attiya Waris

Faculty Scholarship

There has been a decades-long effort to repair an increasingly fragile international tax system. One reason it has foundered has been what we identify as the "Liberia problem." In 2000, the powerful Organization for Economic Cooperation and Development identified Liberia but not Switzerland as a tax haven and targeted it for sanctions. It did not go well. During the two decades since, everything has changed; yet seemingly from this lens of inclusion, nothing has changed at all. Awkwardly similar "blacklists" still target "Black" and "Brown" jurisdictions despite the fact that experts mean something quite different when they speak of the …

A Code Of Ethics For Gene Drive Research, George J. Annas, Chase L. Beisel, Kendell Clement, Andrea Crisanti, Stacy Francis, Marco Galardini, Roberto Galizi, Julian Grunewald, Greta Immobile, Ahmad S. Khalil, Ruth Muller, Vikram Pattanayak, Karl Petri, Ligi Paul, Luca Pinello, Alekos Simoni, Chrysanthi Taxiarchi, J. Keith Joung

Faculty Scholarship

Gene drives hold promise for use in controlling insect vectors of diseases, agricultural pests, and for conservation of ecosystems against invasive species. At the same time, this technology comes with potential risks that include unknown downstream effects on entire ecosystems as well as the accidental or nefarious spread of organisms that carry the gene drive machinery. A code of ethics can be a useful tool for all parties involved in the development and regulation of gene drives and can be used to help ensure that a balanced analysis of risks, benefits, and values is taken into consideration in the interest …

Tuning In To Teens (Tint) With Adoptive Parents And Guardians In The Us: The Replication Phase Of Intervention Research, Nancy Rolock

Faculty Scholarship

Ensuring the wellbeing and stability of children with foster care experiences is critical. Between 5% and 20% of children experience post-permanency instability, a reentry into foster care after adoption or guardianship; adolescents are at increased risk for post-permanency instability. Few interventions that aim to reduce post-permanency instability have been rigorously tested. This study adapted and tested Tuning in to Teens (TINT), previously tested in Australia as a prevention program with parents of adolescents. TINT teaches caregivers skills in emotion coaching (responding with empathy, support, and guidance when young people express emotions) while helping them to reduce their dismissive or harsh …

Immature Platelet Dynamics In Immune-Mediated Thrombocytopenic States, Hollie M. Reeves, Robert W. Maitta

Faculty Scholarship

A major challenge encountered by clinicians is differentiating presentations characterized by significant thrombocytopenia due to overlapping clinical symptoms and signs in the setting of ambiguous laboratory results. Immature platelets represent the youngest platelets that can be measured in peripheral blood by current hematology analyzers. These young platelets are larger, with higher RNA content recently released from the bone marrow. Thrombocytopenic presentations caused directly or indirectly by immune responses can lead to compensatory bone marrow responses seeking to normalize the platelet count; thus obtaining absolute immature platelet counts may be informative while triaging patients. Over the last decade, their use has …

Kob-4 Interviews Serge Martinez: Landlords, Tenants Feel Impact Of State Eviction Moratorium, Serge A. Martinez

Faculty Scholarship

"A lot of folks in New Mexico have month-to-month leases that come up for renewal every 30 days or so, and even folks that have longer leases, it's been nine months since the Supreme Court issues their order so a large percentage of leases in New Mexico have come up for renewal in that time period,” said Serge Martinez, a professor at UNM School of Law.

View story at KOB-4

New Mexico In Depth Interviews Vinay Harpalani: Complexity Of Colorism, Vinay Harpalani, Claudia Silva

Faculty Scholarship

“Our discourse on race in this country has largely been framed around black or white,” said University of New Mexico civil rights law professor Vinay Harpalani.

But assumptions about varying shades of skin color can, for example, lead someone who is Indian, like himself, to be mistaken as Hispanic, he said.

Academics who’ve studied racial discrimination say discrimination based on a person’s skin-tone exists across many racial and ethnic groups and generally manifests as a systematic preference for lighter skin over darker skin.

Harpalani explains it can be the other way around in some instances, such as the bullying Clark …

Geographic Monitoring For Early Disease Detection (Geomedd), Andrew Curtis, Jayakrishnan Ajayakumar, Jacqueline Curtis, Sorapat Vijitakula, Justin Yax

Faculty Scholarship

Identifying emergent patterns of coronavirus disease 2019 (COVID-19) at the local level presents a geographic challenge. The need is not only to integrate multiple data streams from different sources, scales, and cadences, but to also identify meaningful spatial patterns in these data, especially in vulnerable settings where even small numbers and low rates are important to pinpoint for early intervention. This paper identifies a gap in current analytical approaches and presents a near-real time assessment of emergent disease that can be used to guide a local intervention strategy: Geographic Monitoring for Early Disease Detection (GeoMEDD). Through integration of a spatial …

Unm Newsroom Interviews Nathalie Martin: Unm Law Professor Practices Yoga And Meditation In Stressful Times, Nathalie Martin, Maggie Branch

Faculty Scholarship

A professor at The University of New Mexico School of Law has become a very accomplished Yogi – someone who studies and is proficient in yoga. Nathalie Martin, who has been a part of the UNM law faculty since 1998, was featured in a magazine put together by the Property Brothers and HGTV regarding her Yogi status.

Access Services: Not Waving, But Drowning, Max Bowman, Monica Samsky

Faculty Scholarship

Examining the chasm between access services staff and “the rest of the library” is illustrative of the divisions of labor that exist throughout the library. The chapter is an exploration of the effects of siloing and hierarchies in library staffing. The effort to elevate the work of the library within the academy has resulted in a troubling stratification of labor and devaluing of certain kinds of work within libraries.

Effects Of Daily 24-Gram Doses Of Rice Or Whey Protein On Resistance Training Adaptations In Trained Males, Jessica M. Moon, Kayla M. Ratliff, Julia C. Blumkaitis, Patrick S. Harty, Hannah A. Zabriskie, Richard A. Stecker, Brad S. Currier, Andrew R. Jagim, Ralf Jäger, Martin Purpura, Chad M. Kerksick

Faculty Scholarship

Large (48-g), isonitrogenous doses of rice and whey protein have previously been shown to stimulate similar adaptations to resistance training, but the impact of consuming smaller doses has yet to be compared. We evaluated the ability of 24-g doses of rice or whey protein concentrate to augment adaptations following 8 weeks of resistance training.

A Theacrine-Based Supplement Increases Cellular Nad+ Levels And Affects Biomarkers Related To Sirtuin Activity In C2c12 Muscle Cells In Vitro, Petey W. Mumford, Shelby C. Osburn, Carlton D. Fox, Joshua S. Godwin, Michael D. Roberts

Faculty Scholarship

There is evidence in rodents to suggest that theacrine-based supplements modulate tissue sirtuin activity as well as other biological processes associated with aging. Herein, we examined if a theacrine-based supplement (termed NAD3) altered sirtuin activity in vitro while also affecting markers of mitochondrial biogenesis. The murine C2C12 myoblast cell line was used for experimentation. Following 7 days of differentiation, myotubes were treated with 0.45 mg/mL of NAD3 (containing ~2 mM theacrine) for 3 and 24 h (n = 6 treatment wells per time point). Relative to control (CTL)-treated cells, NAD3 treatments increased (p < 0.05) Sirt1 mRNA levels at 3 h, as well as global sirtuin activity at 3 and 24 h. Follow-up experiments comparing 24 h NAD3 or CTL treatments indicated that NAD3 increased nicotinamide phosphoribosyltransferase (NAMPT) and SIRT1 protein levels (p < 0.05). Cellular nicotinamide adenine dinucleotide (NAD+) levels were also elevated nearly two-fold after 24 h of NAD3 versus CTL treatments (p < 0.001). Markers of mitochondrial biogenesis were minimally affected. Although these data are limited to select biomarkers in vitro, these preliminary findings suggest that a theacrine-based supplement can modulate select biomarkers related to NAD+ biogenesis and sirtuin activity. However, these changes did not drive increases in mitochondrial biogenesis. While promising, these data are limited to a rodent cell line and human muscle biopsy studies are needed to validate and elucidate the significance of these findings.

Following The Money: The Aca’S Fiscal-Political Economy And Lessons For Future Health Care Reform, William M. Sage, Timothy M. Westmoreland

Faculty Scholarship

It is no exaggeration to say that American health policy is frequently subordinated to budgetary policies and procedures. The Affordable Care Act (ACA) was undeniably ambitious, reaching health care services and underlying health as well as health insurance. Yet fiscal politics determined the ACA’s design and guided its implementation, as well as sometimes assisting and sometimes constraining efforts to repeal or replace it. In particular, the ACA’s vulnerability to litigation has been the price its drafters paid in exchange for fiscal-political acceptability. Future health care reformers should consider whether the nation is well served by perpetuating such an artificial relationship …

Predictable Punishments, Brian Galle, Murat C. Mungan

Faculty Scholarship

Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.

This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …

Safety, Crisis, And Criminal Law, Jenny E. Carroll

Faculty Scholarship

Concepts of safety and prevention of danger pervade the criminal law canon. Arizona is no exception. The state’s criminal systems pivot around central and entwined goals of protecting public safety and preventing danger. The state constitution permits pretrial detention both for the most serious offenses and when no other condition of release will adequately protect the community from the danger the accused’s freedom might pose. The rules of criminal procedure and the criminal code designate some offenses and actors “dangerous” and urge judges to weigh not only the accused’s risk of flight, but also his future dangerousness in making decisions …

Discovering Our Field In Our Stories, Howard Gadlin, Nancy A. Welsh

Faculty Scholarship

It’s the people who make a field.

This book draws on the thought-provoking, diverse, delightful, sometimes painful, and ultimately beautiful personal histories of some of the thinkers, inventors, influencers, reformers, disrupters, and transformers who have created—and continue to create—the field of conflict resolution. The authors of the essays in this book play a variety of roles: mediator, facilitator, arbitrator, ombuds, academic, system designer, entrepreneur, leader of public or private conflict resolution organization, researcher, advocate for conflict resolution, critic of conflict resolution. They represent the various waves of people who have populated our field, the founders, the institutionalizers, and the leaders …

Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney

Faculty Scholarship

The overwhelming majority of U.S. states facially allocate exclusionary rights and access privileges to beaches by categorically deciding whom to wall in and whom to wall out. In the conventional terms of the longstanding debate surrounding the design of legal directives, such “rules” are considered substantively determinant ex ante and, in application, analogically transparent across similarly situated cases. Only a small number of jurisdictions have adopted “standards” in the beach access context, which—again, on the conventional account—sacrifice both determinacy and transparency for the ability to accommodate ex post the complexities of individual cases. This Article contends that beach access policy …

Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters

Faculty Scholarship

Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …

Understanding Wellbeing And Caregiver Commitment After Adoption Or Guardianship From Foster Care, Nancy Rolock

Faculty Scholarship

This study explored data obtained from surveys of caregivers who had previously adopted or assumed guardianship of a child from foster care in two U.S. states (N= 937). Descriptive analyses summarized the demographic and wellbeing characteristics of children and families, and multivariate regression models estimated the association between these variables and caregiver commitment. Consistent with previous research, most caregivers (> 80%) reported positive adjustment across measures, but some caregivers indicated family struggles, such as caregiver strain, child behavior difficulties, and lack of access to adoption-competent services. Higher caregiver commitment was associated with higher family nurturing and attachment, lower caregiver strain, …

Evidence Supporting The Value Of Surgical Procedures: Can We Do Better?, Jonathan J. Darrow, Christopher Robertson, Willard S. Kasoff

Faculty Scholarship

There is an acknowledged need for higher-quality evidence to quantify the benefit of surgical procedures, yet not enough has been done to improve the evidence base. This lack of evidence can prevent fully informed decision-making, lead to unnecessary or even harmful treatment, and contribute to wasteful expenditures of scare health care resources. Barriers to evidence generation include not only the long-recognized technical difficulties and ethical challenges of conducting randomized surgical trials, but also legal challenges that limit incentives to conduct surgical research as well as market-based challenges that make it difficult for those funding surgical research to recoup investment costs. …

Labor Redemption In Work Law, Andrew Elmore

Faculty Scholarship

People with criminal records must find and keep work to reintegrate into society. But private employers often categorically exclude candidates with criminal record histories, especially if the candidate is African American or Latinx. The conventional wisdom is that workplace laws offer little to address this problem. People with criminal records are not a protected class under Title VII, and many employers fear that hiring people with criminal records invites negligent hiring liability. Ban the Box privacy laws delay but may not deter overbroad criminal background checks

This Article challenges this standard account by shifting focus to the state in imposing …

Teaching English As A Foreign Language: A Case Study From Poland, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

This article presents a detailed history of the development of a particular immersion program to teach English to young Polish students. The program draws support from two organizations, the Kościuszko Foundation and the Polish Scouting Organization. Kościuszko Foundation is dedicated to strengthening the ties between the United States and Poland as well as to increase knowledge of Poland’s history and culture in the United States. The cooperation of these two organizations developed an experience of immersion in language and cultural exchange. Both the teachers and the students in this program benefited from the opportunity to engage in a number of …