Digital Commons Network^™

Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Compliance Elites, Miriam Baer

Faculty Scholarship

No abstract provided.

#Metoo And The Myth Of The Juvenile Sex Offender, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Dreamers Interrupted: The Case Of The Rescission Of The Program Of Deferred Action For Childhood Arrivals, Rachel F. Moran

Faculty Scholarship

In 1994, California voters went to the polls to pass Proposition 187, a measure designed to deter unauthorized immigration by denying a range of public benefits to the undocumented. Twenty-five years later, undocumented immigration remains a deeply polarizing issue in our country. But if the political discourse seems similar, the civil rights toolkit is not. In an earlier era, equal protection arguments had pride of place, but today, advocates rely heavily on structural and institutional arguments to constrain official discretion.

In 1982, the United States Supreme Court’s decision in Plyler v. Doe declared unconstitutional a Texas statute that denied undocumented …

Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet

Faculty Scholarship

The coronavirus pandemic upturned Americans’ lives. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses. For individuals, the CARES Act includes five provisions that were effectively designed to provide people money. Chief among those provisions are a direct payment in the form of a tax rebate and enhanced employment benefits.

Ultimately, this financial support will prove to be shockingly minimal. The direct payments represent a fraction of the average American households’ monthly budget. The unemployment benefits, while providing …

Proposition 187 And The Legacy Of Its Law Enforcement Provisions, Huyen Pham

Faculty Scholarship

Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to “fully cooperate” with federal immigration authorities. Specifically, these provisions required LEAs to verify the legal status of any arrestee “suspected” of being in the U.S. unlawfully, notify the arrestee of his/her unlawful status, and report the arrestee to state and federal immigration authorities.

Though never enforced, Section Four …

A Third-Party Doctrine For Digital Metadata, H. Brian Holland

Faculty Scholarship

For more than four decades, the third-party doctrine was understood as a bright-line, categorical rule: there is no legitimate privacy interest in any data that is voluntarily disclosed or conveyed to a third party. But this simple rule has dramatic effects in a world of ubiquitous networked computing, mobile technologies, and the commodification of information. The digital devices that facilitate our daily participation in modern society are connected through automated infrastructures that are designed to generate vast quantities of data, nearly all of which is captured, utilized, and stored by third-party service providers. Under a plain reading of the third-party …

Immigration Challenges Of The Past Decade And Future Reforms, Fatma Marouf

Faculty Scholarship

Over the past decade, immigrants have faced numerous challenges in the United States, including a dramatic increase in deportations, the expansion and privatization of immigration detention, major changes to the asylum system combined with drastic cutbacks in refugee admissions, and a new wave of racism and xenophobia. This Article discusses these challenges and explores possible ways to address them in 2020 and beyond.

Little Power Struggles Everywhere: Attacks On The Administrative State At The Securities And Exchange Commission, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Foundation Regulation In Our Age Of Impact, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

The New Gatekeepers: Private Firms As Public Enforcers, Rory Van Loo

Faculty Scholarship

The world’s largest businesses must routinely police other businesses. By public mandate, Facebook monitors app developers’ privacy safeguards, Citibank audits call centers for deceptive sales practices, and Exxon reviews offshore oil platforms’ environmental standards. Scholars have devoted significant attention to how policy makers deploy other private sector enforcers, such as certification bodies, accountants, lawyers, and other periphery “gatekeepers.” However, the literature has yet to explore the emerging regulatory conscription of large firms at the center of the economy. This Article examines the rise of the enforcer-firm through case studies of the industries that are home to the most valuable companies, …

Distinguishing Moral Hazard From Access For High-Cost Healthcare Under Insurance, Christopher Robertson, Andy Yuan, Wendan Zhang, Keith Joiner

Faculty Scholarship

Health policy has long been preoccupied with the problem that health insurance stimulates spending (“moral hazard”). However, much health spending is costly healthcare that uninsured individuals could not otherwise access. Field studies comparing those with more or less insurance cannot disaggregate moral hazard versus access. Moreover, studies of patients consuming routine low-dollar healthcare are not informative for the high-dollar healthcare that drives most of aggregate healthcare spending in the United States.
/="/">
/="/">We test indemnities as an alternative theory-driven counterfactual. Such conditional cash transfers would maintain an opportunity cost for patients, unlike standard insurance, but also guarantee access to …

Give Me Liberty, Or Give Me Breath: A Call For Economic Justice, Verónica C. Gonzales

Faculty Scholarship

In Part I of this essay I interpret this unique moment in history through a retelling of the folk story La Llorona in order to identify the monsters and ghosts of the past and the present. Domino Renee Perez describes her own critical reflection of La Llorona as reinforcing 'a valuable lesson about power and authority' because her family’s 'storytelling circle was more than simply an arbitrary setting; it was a safe place for them to create, however problematically, a world of words, where they faced the dangers and challenges of life, embodied by a woman, and survived.' The lore …

The Elastic Meaning(S) Of Human Trafficking, Julie A. Dahlstrom

Faculty Scholarship

What is human trafficking? When is an expansive definition of trafficking justifiable? How does trafficking relate to other concepts—like domestic violence, sexual assault, labor exploitation, and prostitution—with which it often overlaps? These questions have become increasingly salient after the U.S. Congress defined the crime of human trafficking in the Victims of Trafficking and Violence Protection Act of 2000 (“TVPA”). Since then, all fifty states have passed legislation with varying definitions of the crime. Congress also has re-entered the field with subsequent legislation, expanding the crime to capture new conduct.
/="/">
/="/">As a result of legislative advocacy and judicial interpretation, …

Geneva Statement On Heritable Human Genome Editing: The Need For Course Correction, Roberto Andorno, Francoise Baylis, Marcy Darnovsky, Donna Dickenson, Hille Haker, Katie Hasson, Leah Lowthorp, George J. Annas, Catherine Bourgain, Katherine Drabiak, Sigrid Graumann, Katrin Grüber, Matthias Kaiser, David King, Regine Kollek, Calum Mackellar, Jing-Bao Nie, Osagie K. Obasogie, Mirriam Tyebally Fang, Gabriele Werner-Felmayer, Jana Zuscinova

Faculty Scholarship

As public interest advocates, policy experts, bioethicists, and scientists, we call for a course correction in public discussions about heritable human genome editing. Clarifying misrepresentations, centering societal consequences and concerns, and fostering public empowerment will support robust, global public engagement and meaningful deliberation about altering the genes of future generations.

Fda In The Time Of Covid-19, Elizabeth Mccuskey

Faculty Scholarship

Over the past century, Congress has made the Food & Drug Administration (FDA) responsible for regulating the safety and efficacy of drugs and devices being deployed in the fight against the COVID-19 pandemic. The FDA’s regulatory infrastructure was built for public health threats and to combat manufacturers' misinformation about treatments.

This article spotlights the ways in which FDA has been adapting to a new challenge during the COVID-19 pandemic: combating misinformation emanating from within the executive branch.

The Replicability Crisis In Patent Law, Janet Freilich

Faculty Scholarship

There is a “replicability crisis” in the scientific literature. Scientists attempting to redo experiments in reputable, peer-reviewed journals have found that staggering numbers of these experiments—up to 90%—do not work. Patents, like scientific articles, contain experiments. These experiments often form the backbone of the patent and provide crucial support for patentability. Patent examiners use these experiments to evaluate whether the invention works, and thus whether the patent should be granted. The replicability crisis in the scientific literature is therefore of utmost importance to the patent system. Transferring the insights of the replicability crisis to patents begs the question of whether …

Aga Institute Rapid Recommendations For Gastrointestinal Procedures During The Covid-19 Pandemic, Perica Davitkov, Yngve Falck-Ytter

Faculty Scholarship

Multiple questions have been raised regarding the GI and liver manifestations of COVID-19 infection and the implications of SARS-CoV-2 infection on GI endoscopy. A joint society statement by the American Gastroenterological Association (AGA), the American Association for the Study of Liver Diseases, the American College of Gastroenterology, and the American Society for Gastrointestinal Endoscopy on March 15, 2020 highlighted the potential for SARS-CoV-2 transmission through droplets, an established mode of transmission, and possibly fecal shedding, and the associated risk for transmission to endoscopy personnel during GI endoscopy procedures. In this document, we seek to summarize the data and provide evidence-based …

Unprecedented Solutions For Extraordinary Times: Helping Long-Term Care Settings Deal With The Covid-19 Pandemic, Robin L.P. Jump

Faculty Scholarship

No abstract provided.

Role Of Changes In Sars-Cov-2 Spike Protein In The Interaction With The Human Ace2 Receptor: An In Silico Analysis, Joseph Thomas Ortega

Faculty Scholarship

Many human viral diseases are a consequence of a zoonotic event. Some of the diseases caused by these zoono- tic events have affected millions of people around the world, some of which have resulted in high rates of mor- bidity/mortality in humans. Changes in the viral proteins that function as ligands of the host receptor may pro- mote the spillover between species. The most recent of these zoonotic events that have caused an ongoing epi- demic of high magnitude is the Covid-19 epidemics caused by SARS-CoV-2. The aim of this study was to de- termine the mutation(s) in the sequence …

Proteins Inform Survival-Based Differences In Patients With Glioblastoma, L. C. Stetson, Daniela M. Schlatzer, Peter Liao, Karen Devine, Kristin Waite, Marta E. Couce, Andrew E. Sloan, Mark R. Chance, Jill S. Barnholtz-Sloan

Faculty Scholarship

Background: Improving the care of patients with glioblastoma (GB) requires accurate and reliable predictors of patient prognosis. Unfortunately, while protein markers are an effective readout of cellular function, proteomics has been underutilized in GB prognostic marker discovery. Methods: For this study, GB patients were prospectively recruited and proteomics discovery using liquid chromatography-mass spectrometry analysis (LC-MS/MS) was performed for 27 patients including 13 short-term survivors (STS) (≤10 months) and 14 long-term survivors (LTS) (≥18 months). Results: Proteomics discovery identified 11 941 peptides in 2495 unique proteins, with 469 proteins exhibiting significant dysregulation when comparing STS to LTS. We verified the differential …

Unrevealing Sequence And Structural Features Of Novel Coronavirus Using In Silico Approaches: The Main Protease As Molecular Target, Joseph Thomas Ortega

Faculty Scholarship

Direct-acting antivirals are effective tools to control viral infections. SARS-CoV-2 is a coronavirus associated with the epidemiological outbreak in late 2019. Previous reports showed that HIV-1 protease inhibitors could block SARS-CoV main protease. Based on that and using an in silico approach, we evaluated SARS-CoV-2 main protease as a target for HIV-1 protease inhibitors to reveal the structural features related to their antiviral effect. Our results showed that several HIV inhibitors such as lopinavir, ritonavir, and saquinavir produce strong interaction with the active site of SARS-CoV-2 main protease. Furthermore, broad library protease inhibitors obtained from PubChem and ZINC (www.zinc.docking.org) were …

Network-Based Drug Repurposing For Novel Coronavirus 2019-Ncov/Sars-Cov-2, Yuan Hou, Feixiong Cheng

Faculty Scholarship

Human coronaviruses (HCoVs), including severe acute respiratory syndrome coronavirus (SARS-CoV) and 2019 novel coronavirus (2019-nCoV, also known as SARS-CoV-2), lead global epidemics with high morbidity and mortality. However, there are currently no effective drugs targeting 2019-nCoV/SARS-CoV-2. Drug repurposing, representing as an effective drug discovery strategy from existing drugs, could shorten the time and reduce the cost compared to de novo drug discovery. In this study, we present an integrative, antiviral drug repurposing methodology implementing a systems pharmacology-based network medicine platform, quantifying the interplay between the HCoV-host interactome and drug targets in the human protein-protein interaction network. Phylogenetic analyses of 15 …

Apology And Restitution: The Psychophysiology Of Forgiveness After Accountable Relational Repair Responses, Charlotte Witvliet, Lindsey M. Root Luna, Everett L. Worthington Jr., Jo-Ann Tsang

Faculty Scholarship

Apology and restitution each represents wrongdoers’ accountable repair responses that have promoted victims’ self-reported empathy and forgiveness in crime scenario research. The current study measured emotional and stress-related dependent variables including physiological measures, to illuminate the links between predictors of forgiveness and health-relevant side effects. Specifically, we tested the independent and interactive effects of apology and restitution on forgiveness, emotion self-reports, and facial responses, as well as cardiac measures associated with stress in 32 males and 29 females. Apology and restitution each independently increased empathy, forgiveness, gratitude, and positive emotions, while reducing unforgiveness, negative emotion, and muscle activity above the …

Mobile App To Help People With Chronic Illness Reflect On Their Strengths: Formative Evaluation And Usability Testing, Kurt Stange

Faculty Scholarship

Background: Supporting patient engagement and empowerment is increasingly seen as essential in providing person-centered health care to people with chronic illness. Mobile apps helping patients reflect on their concerns as preparation for consultations with their health care providers can have beneficial effects on the consultation quality. However, apps focusing on empowerment and personal strengths are still scarce. Objective: This study aimed to (1) develop a mobile app to support patients with rheumatic diseases in reflecting on their strengths in preparation for consultations with health care providers and (2) explore patients’ perceived usability of the app in a nonclinical test setting. …

Differential Impact Of Calcium And Vitamin D On Body Composition Changes In Post-Menopausal Women Following A Restricted Energy Diet And Exercise Program, Chad M. Kerksick, Michael D. Roberts, Bill I. Campbell, Melyn M. Galbreath, Lemuel W. Taylor, Colin D. Wilborn, Ashli Lee, Jaqueline Dove, Jennifer W. Bunn, Christopher J. Rasmussen, Richard B. Kreider

Faculty Scholarship

Vitamin D and calcium supplementation have been posited to improve body composition and different formulations of calcium may impact bioavailability. However, data are lacking regarding the combinatorial effects of exercise, diet, and calcium and/or vitamin D supplementation on body composition changes in post-menopausal women. Herein, 128 post-menopausal women (51.3 ± 4.5 years, 36.4 ± 5.7 kg/m², 46.2 ± 4.5% fat) were assigned to diet and supplement groups while participating in a supervised circuit-style resistance-training program (3 d/week) over a 14-week period. Diet groups included: (1) normal diet (CTL), (2) a low-calorie, higher protein diet (LCHP; 1600 kcal/day, 15% …

Data And The Social Obligation Norm Of Property: An Essay In Honor Of Professor Gregory S. Alexander, Christopher K. Odinet

Faculty Scholarship

In the age of the Cambridge Analytica/Facebook scandal and sundry other data breaches at Under Armour, Target, and Best Buy, the issue of security and privacy in consumer data has become increasingly important. For much of the modern era, the development of technology has gone relatively unchecked, with the United States having ceded much of the policymaking terrain to Silicon Valley. This has resulted in the unbridled creation of vast amounts of consumer data. Users who engage with tech platforms generate bits and bytes about themselves based on their activities, preferences, and habits. This information — “data” — is then …

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 …

Access To Algorithms, Hannah Bloch-Wehba

Faculty Scholarship

Federal, state, and local governments increasingly depend on automated systems — often procured from the private sector — to make key decisions about civil rights and civil liberties. When individuals affected by these decisions seek access to information about the algorithmic methodologies that produced them, governments frequently assert that this information is proprietary and cannot be disclosed.

Recognizing that opaque algorithmic governance poses a threat to civil rights and liberties, scholars have called for a renewed focus on transparency and accountability for automated decision making. But scholars have neglected a critical avenue for promoting public accountability and transparency for automated …

Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon

Faculty Scholarship

Thirty years after the start of the first drug court, it is a good time to examine what the problem-solving court movement has contributed to our criminal legal system overall. It is also a good time to ask what it would look like if these courts had made "monumental change" in our criminal legal system. This article will start with a discussion of mass incarceration and offer some reasons why problem-solving courts did not prevent, or lessen, mass incarceration. Next this article will discuss how problem-solving courts work, including by looking at the roles of the professionals, the judges and …