Digital Commons Network^™

Rejecting Charity: Why The Irs Denies Tax Exemption To 501(C)(3) Applicants, Terri Lynn Helge

Faculty Scholarship

New charitable organizations generally must file an application for exemption (Form 1023) and await approval from the Internal Revenue Service. Unfortunately, the criteria the Internal Revenue Service uses to evaluate applications has not always been transparent. If an application is approved, the Internal Revenue Service determination letter and the application for exemption are required to be made publicly available and can be requested from the Internal Revenue Service or the organization itself. Prior to 2004, in the case of denials, neither the application nor the Internal Revenue Service’s correspondence setting forth its rationale for the denial were made publicly available. …

Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan

Faculty Scholarship

In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Faculty Scholarship

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

Alienage Classifications And The Denial Of Health Care To Dreamers, Fatma E. Marouf

Faculty Scholarship

In the Affordable Care Act (“ACA”), passed in 2010, Congress provided that only “lawfully present” individuals could obtain insurance through the Marketplaces established under the Act. Congress left it to the Department of Health and Human Services (“HHS”) to define who is “lawfully present.” Initially, HHS included all individuals with deferred action status, which is an authorized period of stay but not a legal status. After President Obama announced a new policy of Deferred Action for Childhood Arrivals (“DACA”) in June 2012, however, HHS amended its regulation specifically to exclude DACA recipients from the definition of “lawfully present.” The revised …

Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito

Faculty Scholarship

Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These "majoritarian" …

Body Of Preemption: Health Law Traditions And The Presumption Against Preemption, Elizabeth Mccuskey

Faculty Scholarship

Preemption plays a prominent role in health law, establishing the contours of coexistence for federal and state regulatory authorities over health topics as varied as medical malpractice, insurance coverage, drug safety, and privacy. When courts adjudicate crucial preemption questions, they must divine Congress's intent by applying substantive canons of statutory interpretation, including presumptions against preemption.

This Article makes three main contributions to health law and preemption doctrine. First, it identifies a variant of the presumption against preemption that applies to health laws-referred to throughout as the "tradition presumption." Unlike the general presumption against preemption on federalism grounds, courts base this …

Friedrichs And The Move Toward Private Ordering Of Public Employee Wages And Benefits, Maria O'Brien

Faculty Scholarship

In its recent Harris v. Quinn opinion the U.S. Supreme Court (in particular Justice Alito) seemed to welcome a future opportunity to reconsider the 1977 landmark Abood decision in which public sector closed shop employees were not required to join a union but could be subject to fees that cover the costs of “collective bargaining, contract administration, and grievance adjustment purposes.” Supporters of the Abood approach argue that it is a reasonable compromise that prevents non-members from free riding on the union’s efforts (i.e. enjoying the wages and benefits negotiated by the union without sharing the costs incurred.) Detractors and …

Extending Comparative Fault To Apparent And Implied Consent Cases, Aaron Twerski, Nina Farber

Faculty Scholarship

No abstract provided.

Reading Deboer And Obergefell Through The "Moral Readings Versus Originalisms" Debate: From Constitutional "Empty Cupboards" To Evolving Understandings, Linda C. Mcclain

Faculty Scholarship

This article assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation by evaluating the momentous constitutional controversy in the United States over access by same-sex couples to civil marriage. Justice Kennedy’s landmark opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” in emphasizing dual forms of evolving understanding: of constitutional guarantees of equality and the “promise of liberty” and of the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry – and marriage …

Asking More Of Our Metaphors: Narrative Strategies To End The "War On Alzheimer's" And Humanize Cognitive Aging, Peter J. Whitehouse

Faculty Scholarship

In all facets of our lives, humans construct meaning to understand their place in the world and their relationships to one another and to broader environments. Within this semantic web, words, stories, and metaphors play a key role in the meaning-making process, with the latter serving as a particularly important means of fluidly integrating thoughts, values, and actions across cognitive domains. Derived from the Greek roots “meta” (over/across) and “phor” (to carry) and literally meaning “carrying across,” metaphor guides an understanding of one thing in terms of another. It is such a pervasive tendency in human speech and thought that …

Prevalence Of Stroke In Children Admitted With Sickle Cell Anaemia To Mulago Hospital, Samden Lhatoo, Martha Sajatovic

Faculty Scholarship

Background: Stroke is a major complication of sickle cell anaemia (SCA). It occurs commonly in childhood with about 10 % of children with sickle cell anaemia getting affected by this complication. In Uganda, there is paucity of data on the prevalence of stroke in children admitted in a tertiary institution. We determined the prevalence of stroke amongst children with SCA admitted to Mulago National Referral Hospital in Uganda and described the ir co-morbidities. Methods: We conducted a retrospective record review of children with SCA admitted from August 2012 to August 2014 to the Paediatric Haematology Ward of Mulago Hospital in …

Late Life Bipolar Disorder Evolving Into Frontotemporal Dementia Mimic, Martha Sajatovic

Faculty Scholarship

Objectives: Although bipolar disorder has been understood classically as a cyclic disease with full recovery between mood episodes, in the last decade, evidence has accumulated supporting progressive features. The clinical picture of advanced or end-stage bipolar disorder is heterogeneous with possible deficits in cognition and behavior, as illustrated by our case series. Cases: From our neuropsychiatric outpatient clinic, we describe four cases with bipolar disorder gradually developing a clinical syndrome, including apathy, disinhibition, loss of empathy, stereotypical behavior, and compulsiveness, fulfilling the criteria for possible behavioral variant frontotemporal dementia. All cases were diagnosed with bipolar 1 disorder at least 10 …

The Relationship Between Life Stressors And Drug And Sexual Behaviors Among A Population-Based Sample Of Young Black Men Who Have Sex With Men In Chicago, Dexter R. Voisin

Faculty Scholarship

Younger Black men who have sex with men (YBMSM) have the highest rates of HIV incidence in the U.S. and are also exposed to high life stressors (e.g., unemployment, incarceration, and exposure to communality). This study assessed whether life stressors were related to drug use and sexual risk behaviors among a representative sample of YBMSM. The South Side of Chicago and selected adjacent suburbs represents the most populous contiguous Black community in the U.S. Over 10% of the estimated YBMSM population in this geographic region were sampled. Major findings indicated that higher life stress was significantly associated with greater odds …

Lotteries As A Voluntary And "Painless" Tax In American Gaming Law And The Prospect Of Creating A Federal Lottery To Reduce The Federal Deficit In The Era Of Billion Dollar Jackpots, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen

Faculty Scholarship

No abstract provided.

Investing In High Quality Preschool: Lessons From An Urban Setting, Elizabeth R. Anthony, Robert L. Fischer

Faculty Scholarship

Large numbers of children of low income families in the United States arrive at kindergarten already far behind their more affluent peers on measures of school readiness. In the absence of any federal preschool policy and amidst alarm about this growing divide, universal prekindergarten (UPK) programs have been launched around the United States, at both the state and local levels, to address the school readiness gap. Invest in Children, a public/private partnership in Cuyahoga County (Cleveland, OH) launched a UPK program of high quality, affordable preschool nine years ago. The program’s creation, implementation and challenges are discussed along with evaluation …

A Dynamical Systems Model Of Progesterone Receptor Interactions With Inflammation In Human Parturition, Douglas Brubaker, Mark R. Chance, Sam Mesiano

Faculty Scholarship

Background: Progesterone promotes uterine relaxation and is essential for the maintenance of pregnancy. Withdrawal of progesterone activity and increased inflammation within the uterine tissues are key triggers for parturition. Progesterone actions in myometrial cells are mediated by two progesterone receptor (PR) isoforms, PR-A and PR-B, that function as ligand-activated transcription factors. PR-B mediates relaxatory actions of progesterone, in part, by decreasing myometrial cell responsiveness to pro-inflammatory stimuli. These same pro-inflammatory stimuli promote the expression of PR-A which inhibits the anti-inflammatory activity of PR-B. Competitive interaction between the progesterone receptors then augments myometrial responsiveness to pro-inflammatory stimuli. The interaction between PR-B …

Assumed Sane, Fatma Marouf

Faculty Scholarship

In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S-that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …

Marijuana Use Among Young Black Men Who Have Sex With Men And The Hiv Care Continuum: Findings From The Uconnect Cohort, Dexter R. Voisin

Faculty Scholarship

Background: Young Black men who have sex with men (YBMSM) are at highest risk for HIV seroconversion in the United States. Successful movement through the HIV care continuum is an important intervention for limiting onwards HIV transmission. Objective: Little data exists on how substances most commonly used by YBMSM, such as marijuana, are related to the HIV continuum, which represents the primary aim of this study. Methods: A cohort of YBMSM (n = 618) was generated through respondent-driven sampling. Frequency of marijuana use and marijuana use as a sex-drug were assessed across the HIV care continuum using weighted logistic regression …

Positive Reappraisals After An Offense: Event-Related Potentials And Emotional Effects Of Benefit-Finding And Compassion, Justin C. Baker, John K. Williams, Charlotte Witvliet, Peter C. Hill

Faculty Scholarship

Using a within subjects design, three emotion regulation strategies (compassion‐focused reappraisal, benefit‐focused reappraisal, and offense rumination) were tested for their effects on forgiveness, well‐being, and event‐related potentials (ERPs). Participants (N = 37) recalled a recent interpersonal offense as the context for each emotion regulation strategy. Both decisional and emotional forgiveness increased significantly for the two reappraisal strategies compared to offense rumination. Compassion‐focused reappraisal prompted the greatest increase in both decisional and emotional forgiveness. Furthermore, both reappraisal strategies increased positively oriented well‐being measures (e.g., joy, gratitude) compared to offense rumination, with compassion‐focused reappraisal demonstrating the largest effect on empathy. Late positive …

Brief For The American Association On Intellectual And Developmental Disabilities (Aaidd), And The Arc Of The United States As Amicus Curiae, James W. Ellis, Ann M. Delpha, Carol M. Suzuki, Steven Homer, David Stout, April Land

Faculty Scholarship

As with any field of scientific inquiry, our understanding of the condition of intellectual disability is improved and enhanced over time by continuing, rigorous study and analysis. The scientific study and the diagnosis of intellectual disability involve issues important to scholars and clinicians. But amici believe that there is no need for this Court to become enmeshed in the details and intricacies of those scholarly efforts in order to resolve the instant case and to provide guidance to lower courts in their task of fairly adjudicating cases under Atkins v. Virginia, 536 U.S. 304 (2002). This Court need only affirm …

Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh

Faculty Scholarship

A central feature – if not the central feature – of legal scholarship today is analysis across divides.

It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.

For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of …

Vitamin B12 Deficiency Among Adult Diabetic Patients In Uganda: Relation To Glycaemic Control And Haemoglobin Concentration, Martha Sajatovic

Faculty Scholarship

Background: Vitamin B12 deficiency is highly prevalent among adult individuals with diabetes yet screening is infrequent in Uganda. There are currently no published data regarding the prevalence of vitamin B12 deficiency and its associated factors among adult individuals with diabetes in sub-Saharan Africa. This study aimed at describing the prevalence and factors associated with vitamin B12 deficiency among this patient population in a resource constrained setting in sub-Saharan Africa. Methods: In this cross-sectional study, 280 eligible study participants attending the outpatient diabetic clinic at Mulago national referral and teaching hospital in Kampala, Uganda were enrolled. Their socio-demographic, clinical and laboratory …

Oral Cryptococcosis In A Patient With Chronic Lymphocytic Leukemia, Sachin Patel, Maria Navas, Courtney Batt, Robin L.P. Jump

Faculty Scholarship

No abstract provided.

Disclosure Reform - The Sec Is Riding Off In Two Directions At Once, Roberta Karmel

Faculty Scholarship

No abstract provided.

Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank Pasquale

Faculty Scholarship

No abstract provided.

Engendering Peace And Justice After Armed Conflict: A Call For Qualitative Research Among Women's Community Networks, Jennifer Moore

Faculty Scholarship

Transitional justice refers to a variety of mechanisms established to help postconflict societies account for the war and build the peace, including war crimes tribunals, truth and reconciliation commissions, and reparations programs. The framework of transitional justice, while responsive to local actors and local realities, was largely constructed by external actors, including foreign states, international organizations, non-governmental agencies, advocates, and academics working in the fields of human rights and rule of law promotion. The gender dilemma for global and local transitional justice practitioners is the increasing awareness that most women in war-affected countries have not been well-served by the considerable …

The Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett

Faculty Scholarship

The Constitution increasingly regulates the use of forensic evidence in criminal cases. This is a remarkable shift. In decades past, the U.S. Supreme Court declined to provide strong due process protection against destruction of forensic evidence or to obtain defense access to experts. In contrast, in recent years, the Court’s series of Confrontation Clause rulings tightened requirements to present live testimony in the courtroom. Perhaps far more significant, I will argue, the Court has strengthened obligations of defense counsel to litigate forensics, twice underscoring in little noticed opinions: “Criminal cases will arise where the only reasonable and available defense strategy …

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Faculty Scholarship

No abstract provided.

On Empathy, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the deadly mass shooting of June 12, 2016, in Orlando, Florida, and his belief that more empathy is needed in the world. Wheeler then relates, through personal anecdotes, his own journey toward empathy. He concedes that there is no recipe for empathy, but believes that sharing personal stories can spur conversation, thinking, and collective action.