Digital Commons Network^™

An Examination Of Policy Options For Achieving Greenhouse Gas Emissions Reductions In New Jersey, Gabriel Pacyniak

Faculty Scholarship

An Examination of Policy Options for Achieving Greenhouse Gas Emissions Reductions in New Jersey surveys emissions and energy trends, describes a “deep decarbonization pathway” for the state, and identifies the types of policies that would be necessary to achieve those reductions. Many of the policies address the power and transportation sectors, which account for more than 60 percent of total greenhouse gas emissions from New Jersey. The report also includes options for improving building efficiency, reducing methane leaks from natural gas infrastructure, restoring natural carbon sinks in forests and wetlands, and incorporating equity considerations to address the needs of frontline …

Rape Is Trespass, Anita Bernstein

Faculty Scholarship

No abstract provided.

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll

Faculty Scholarship

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals.

By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize them. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …

A Spatial Critique Of Intellectual Property Law And Policy, Peter K. Yu

Faculty Scholarship

Although geography has had an important and lasting impact on the development of intellectual property law and policy, at both the domestic and international levels, geographical perspectives and spatial analysis have thus far not attracted much attention from policymakers and commentators. Only recently have we seen greater linkage between these two undeniably connected fields. Even with such linkage, the discussion tends to focus narrowly on specific issues, such as the parallel importation of pharmaceuticals, the protection of geographical indications and the treatment of traditional knowledge and traditional cultural expressions.

This article aims to provide a systematic analysis of the linkage …

Conflict Of Laws (2017), James P. George, Randy D. Gordon

Faculty Scholarship

States’ and nations’ laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflict cases from Texas state and federal courts during the Survey period from December 1, 2015, through November 30, 2016. The article excludes cases involving federal–state conflicts; intrastate issues, such as subject matter jurisdiction and venue; and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases are discussed …

Unlocking Exchanges, Brendan S. Maher

Faculty Scholarship

The fate of the Affordable Care Act is uncertain. Moreover, the nation is in an unusual state of political turmoil and may have no appetite for anything other than revolutionary changes to the ACA, if not its outright repeal. But press reports suggest even Republican officials formerly committed to its extirpation are now thinking instead about a measured path forward.

In any event, one fact about the ACA should not escape the attention of serious reformers: the legislation has already accomplished the difficult task of laying the ground work for a move away from employment-based (EB) insurance, a move scholars …

Citizen Scientists, Data Transparency, And The Mining Industry, Madison Condon

Faculty Scholarship

What happens when a community feels that the standards imposed by state and federal laws are insufficient to protect its health and environment? Or when the responsible government agencies lack the funding, competency, or political will for full enforcement of the law? One of the greatest hurdles facing citizen environmental advocates in these situations is a lack of access to environmental monitoring data. All routes available for policing industry—whether it be rallying community support for protest, petitioning a government agency for enforcement action, or bringing a citizen suit—require, as a first step, an understanding of whether and what pollution has …

Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short

Faculty Scholarship

After years of failed attempts, the Texas Legislature passed "campus carry" in 2015. Under the new law, effective in 2016 for four-year institutions, public universities must allow the concealed carry of handguns by license holders on their premises. Texas's campus carry law is unique when compared to other states that allow concealed carry on college campuses: each university is given the flexibility to create weapons implementation plans, including the establishment of limited gun-free zones. The first year of campus carry implementation by Texas universities has been relatively quiet, with generally uniform implementation rules established by colleges across the state. However, …

Healing Journey: A Qualitative Analysis Of The Healing Experiences Of Americans Suffering From Trauma And Illness, Kurt C. Stange

Faculty Scholarship

Objectives To elucidate pathways to healing for people having suffered injury to the integrity of their function as a human being. Methods A team of physician-analysts conducted thematic analyses of in-depth interviews of 23 patients who experienced healing, as identified by six primary care physicians purposefully selected as exemplary healers. Results People in the sample experienced healing journeys that spanned a spectrum from overcoming unspeakable trauma and then becoming healers themselves to everyday heroes functioning well despite ongoing serious health challenges. The degree and quality of suffering experienced by each individual is framed by contextual factors that include personal characteristics, …

Understanding The Failure Of Health-Care Exceptionalism In The Supreme Court's Obamacare Decision, Abigail Moncrieff

Faculty Scholarship

On June 28, 2012, a mere century after the first presidential proposal for national health insurance, the Supreme Court issued a resounding victory for President Obama and for health-care reform generally, upholding the Patient Protection and Affordable Care Act against a serious constitutional challenge. Nevertheless, the Court also struck a potential blow to future health-care reform efforts. A majority of the Court refused to accept the Solicitor General’s argument that health care is a unique market with unique regulatory needs that justify special constitutional treatment. The failure of health-care exceptionalism in the Court’s opinion might render future reform efforts more …

Attitudes Toward Antipsychotic Treatment Among Patients With Bipolar Disorders And Their Clinicians: A Systematic Review, Martha Sajatovic

Faculty Scholarship

Introduction: Antipsychotics are recommended as first-line therapy for acute mania and maintenance treatment of bipolar disorder; however, published literature suggests their real-world use remains limited. Understanding attitudes toward these medications may help identify barriers and inform personalized therapy. This literature review evaluated patient and clinician attitudes toward the use of antipsychotics for treating bipolar disorder. Materials and methods: A systematic search of the Cochrane Library, Ovid MEDLINE, Embase, and BIOSIS Previews identified English language articles published between January 1, 2000, and June 15, 2016, that reported attitudinal data from patients, health care professionals, or caregivers; treatment decision-making; or patient characteristics …

Two Pests Overlap: Drosophila Suzukii (Diptera: Drosophilidae) Use Of Fruit Exposed To Halyomorpha Halys (Hemiptera: Pentatomidae), Megan Woltz, Nik G. Wiman, Jana C. Lee

Faculty Scholarship

Drosophila suzukii (Matsumura) (Diptera: Drosophilidae) and brown marmorated stink bug, Halyomorpha halys (Stål) (Hemiptera: Pentatomidae), are global economic pests that may co-occur on small fruits. We investigated whether fruit recently exposed to H. halys affected subsequent host use by D. suzukii. Laboratory no-choice and choice tests presented D. suzukii with H. halys-fed and unfed raspberries and blueberries immediately or 3 d after H. halys feeding. Resulting D. suzukii eggs, or larvae and pupae, were counted. The number of D. suzukii immatures among fed and unfed fruit was not significantly different in lab studies. There was no relationship between …

Error Disclosure Training And Organizational Culture, Jason M. Etchegaray, Thomas H. Gallagher, Sigall K. Bell, William M. Sage, Eric J. Thomas

Faculty Scholarship

Objective. Our primary objective was to determine whether, after training was offered to participants, those who indicated they had received error disclosure training previously were more likely to disclose a hypothetical error and have more positive perceptions of their organizational culture pertaining to error disclosure, safety, and teamwork.

Methods. Across a 3-year span, all clinical faculty from six health institutions (four medical schools, one cancer center, and one health science center) in The University of Texas System were offered the opportunity to anonymously complete an electronic survey focused on measuring error disclosure culture, safety culture, teamwork culture, and intention to …

Alternatives To Immigration Detention, Fatma E. Marouf

Faculty Scholarship

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

(Public) Health And Human Rights: Of Bridges And Matrixes, George J. Annas

Faculty Scholarship

Responding to President Trump's anti-Muslim executive order restricting immigration, the American Public Health Association (APHA) issued a press release recommitting the organization to human rights, noting that "health and human rights are inextricably linked." The organization underlined the basic human rights norm of nondiscrimination, noting that "all people should be valued equally, no matter their race, gender, sexual orientation, religion, immigration status, income or geographic region" and that whenever any groups of people are prevented from "experiencing basic human rights, all of our communities suffer" (APHA 2017). Human rights, especially the right to health, have also been at the core …

Anti-Bullying Policies And Disparities In Bullying: A State-Level Analysis, Mark L. Hatzenbuehler, Javier E. Flores, Joesph E. Cavanaugh, Angela Onwuachi-Willig, Marizen R. Ramirez

Faculty Scholarship

Recent research suggests that anti-bullying laws may be effective in reducing risk of bullying victimization among youth, but no research has determined whether these laws are also effective in reducing disparities in bullying. The aim of this paper was to evaluate the effectiveness of anti-bullying legislation in reducing disparities in sex- and weight-based bullying and cyberbullying victimization.

A Randomized Controlled Trial Of Disclosing Genetic Risk Information For Alzheimer Disease Via Telephone, Peter J. Whitehouse, Melissa Barber Butson

Faculty Scholarship

Purpose: Telephone disclosure of genetic test results can improve access to services. To date, studies of its impact have focused on return of Mendelian risk information, principally hereditary cancer syndromes.Methods: In a multisite trial of Alzheimer disease genetic risk disclosure, asymptomatic adults were randomized to receive test results in person or via telephone. Primary analyses examined patient outcomes 12 months after disclosure.Results: Data from 257 participants showed that telephone disclosure occurred 7.4 days sooner and was 30% shorter, on average, than in-person disclosure (both P < 0.001). Anxiety and depression scores were well below cutoffs for clinical concern across protocols. Comparing telephone and in-person disclosure protocols, 99% confidence intervals of mean differences were within noninferiority margins on scales assessing anxiety, depression, and test-related distress, but inconclusive about positive impact. No differences were observed on measures of recall and subjective impact. Subanalyses supported noninferiority on all outcomes among apolipoprotein E (APOE) I 4-negative participants. Subanalyses were inconclusive for APOE I 4-positive participants, although mean anxiety and depression scores were still well below cutoffs for clinical concern. Conclusion: Telephone disclosure of APOE results and risk for Alzheimer disease is generally safe and helps providers meet demands for services, even when results identify an increased risk for disease.

Status Epilepticus Due To Intraperitoneal Injection Of Vehicle Containing Propylene Glycol In Sprague Dawley Rats, Evon S. Ereifej, Seth M. Meade, Cara S. Smith, Keying Chen, Nanette Kleinman, Jeffrey R. Capadona

Faculty Scholarship

Published reports of status epilepticus due to intraperitoneal injection containing propylene glycol in rats are sparse. In fact, there are no reports specifying a maximum safe dose of propylene glycol through intraperitoneal administration. We report here a case of unexpected seizures in Sprague Dawley rats after receiving an intraperitoneal injection containing propylene glycol. Nine-week-old, 225-250 gram male rats were reported to experience tremor progressing to seizures within minutes after given injections of resveratrol (30 mg/kg) dissolved in a 40: 60 propylene glycol/corn oil vehicle solution by direct intraperitoneal (IP) slow bolus injection or via a preplaced intraperitoneal catheter. The World …

Is The "Act Of God" Dead?, Clifford J. Villa

Faculty Scholarship

In more than twenty years with the U.S. Environmental Protection Agency (EPA) before joining the legal academy, I saw many communities affected by fires, floods, hurricanes, earthquakes, and other natural disasters. However, I never saw a case where the act of God defense prevailed against environmental liability. Confirming this personal experience, I later learned that the number of reported cases where the act of God defense had prevailed against environmental liability, under all statutes and all federal circuits, was also exactly zero.

This raises two obvious questions: (1) why does the act of God defense so often fail? and (2) …

The Sailor, The Prostitute, The Pimp, And The Judge: Chasing Down The Loose Ends Of Koistinen V. American Export Lines, Inc., Robert Jarvis

Faculty Scholarship

Koistinen v. American Export Lines, Inc. is a case all admiralty law professors love to teach and all law students love to read.

Complex Multimorbidity And Health Outcomes In Older Adult Cancer Survivors, Nicholas K. Schiltz, Kurt C. Stange, Cynthia Owusu, Nathan A. Berger, Siran M. Koroukian

Faculty Scholarship

Objective: To characterize complex multimorbidity among cancer survivors and evaluate the association between cancer survivorship, time since cancer diagnosis, and self-reported fair/poor health, self-rated worse health in 2 years, and 2-year mortality. Methods: We used the 2010-2012 Health and Retirement Study. Cancer survivors were individuals who reported a (nonskin) cancer diagnosis 2 years or more before the interview. We defined complex multimorbidity as the co-occurrence of chronic conditions, functional limitations, and/or geriatric syndromes. In addition to descriptive analyses, we used logistic regression to evaluate the independent association between cancer survivor status and health outcomes. We also examined whether cancer survivorship …

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.

#Worstplaintiffever: Popular Public Shaming And Pseudonymous Plaintiffs, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

Redefining Parental Rights: The Case Of Corporal Punishment, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Body Esteem And Appearance-Based Self-Worth: A Test Of Religious Moderators In Men And Women, Mary Inman, Charlotte Witvliet

Faculty Scholarship

Basing self-worth on appearance is inversely related to women’s body esteem, but studies have not examined whether religious factors moderate this relationship in women or men—controlling for positive and negative affect. We tested two possible moderators: basing self-worth on when one has God’s (conditional) love or having positive attitudes toward God (trusting and feeling loved and supported by an all-knowing and all-powerful God). In women (N=287) and men (N=124), correlations showed that basing self-worth on appearance was negatively related to body esteem, whereas positive attitudes toward God were positively related to body esteem. In women, basing self-worth on perceptions of …

The First Real-Time Blockchain Vat - Gcc Solves Mtic Fraud, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

Following years of study the Gulf Cooperation Council (GCC) appears ready to adopt the recommendations of the International Monetary Fund (IMF) and put in place a tax system that will stabilize revenue. A value added tax (VAT) and corporate income tax (CIT) are considered. A VAT Framework Agreement, that functions like the VAT Directive in the EU, has been agreed.

Although new, the GCC VAT is very worthy of attention. From a tax policy perspective, it is making notable improvements to EU VAT design. The GCC VAT is (potentially) the world’s first real-time, blockchain-secured, multi-jurisdictional VAT. This is a remarkable …

The Second Amendment & Private Law, Cody Jacobs

Faculty Scholarship

The Second Amendment, like other federal constitutional rights, is a restriction on government power. But what role does the Second Amendment have to play—if any—when a private party seeks to limit the exercise of Second Amendment rights by invoking private law causes of action? Private law—specifically, the law of torts, contracts, and property—has often been impacted by constitutional considerations, though in seemingly inconsistent ways. The First Amendment places limitations on defamation actions and other related torts, and also prevents courts from entering injunctions that could be classified as prior restraints. On the other hand, the First Amendment plays almost no …

Selective Inhibition Of Small-Diameter Axons Using Infrared Light, Emilie H. Lothet, Kendrick M. Shaw, Hui Lu, Junqi Zhuo, Yves T. Wang, Shi Gu, Hillel J. Chiel, Michael W. Jenkins

Faculty Scholarship

Novel clinical treatments to target peripheral nerves are being developed which primarily use electrical current. Recently, infrared (IR) light was shown to inhibit peripheral nerves with high spatial and temporal specificity. Here, for the first time, we demonstrate that IR can selectively and reversibly inhibit small-diameter axons at lower radiant exposures than large-diameter axons. We provide a mathematical rationale, and then demonstrate it experimentally in individual axons of identified neurons in the marine mollusk Aplysia californica, and in axons within the vagus nerve of a mammal, the musk shrew Suncus murinus. The ability to selectively, rapidly, and reversibly control small-diameter …

Reconceptualizing The Whistleblower's Dilemma, Miriam Baer

Faculty Scholarship

No abstract provided.

Geographical Indications Between Trade, Development, Culture, And Marketing: Framing A Fair(Er) System Of Protection In The Global Economy?, Irene Calboli

Faculty Scholarship

This chapter analyzes some of the topics on the current debate involving geographical indications (GIs) of origin that will be further elaborated by the contributors to this volume from a variety of perspectives and angles. As the title indicates, this volume focuses on GI protection “at the crossroads of trade, development, and culture,” with a specific focus on the countries in the Asia-Pacific region. This choice is due primarily to the fact that the analysis of issues related to GI protection in this region is, to date, not as extensive as the analysis in other regions, particularly in the Western …