Digital Commons Network^™

The Troubling Turn In State Preemption: The Assault On Progressive Cities And How Cities Can Respond, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Olatunde Johnson, Richard C. Schragger

Faculty Scholarship

No abstract provided.

Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson

Faculty Scholarship

This Article begins by reviewing the purposes for federal water projects, and identifies some of the trade-offs involved in operating projects for certain purposes. It then addresses the legal factors that determine or influence project operations, beginning with project authorizing statutes and ending with federal environmental laws. The Article examines Corps and Bureau policies regarding project operating plans, the reasons for agency reluctance to review and revise their plans, and some of the factors that prompt the agencies to proceed with reviews. It then summarizes periodic review requirements in two analogous contexts—federal land management plans, and hydropower project licenses—and considers …

New Strategies For Reducing Transportation Emissions And Preparing For Climate Impacts, Gabriel Pacyniak, Kathryn Zyla, Vicki Arroyo

Faculty Scholarship

The transportation sector is becoming the largest source of greenhouse gas ("GHG") emissions in the United States. The Obama Administration put in place federal vehicle and fuel standards that are significantly reducing emissions. However, these regulations will be insufficient to put the United States on track to achieve needed reductions needed long-term. This is especially true if the 2025 standards announced by the Obama Administration are rolled back by the new Trump Administration. Because current federal standards alone will not attain ambitious climate goals and may be rolled back, state and local activity is essential to make progress towards meeting …

A Better Way To Revive Glass Steagall, John Crawford

Faculty Scholarship

No abstract provided.

Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin Feldman, Evan Frondorf, Andrew K. Cordova, Connie Wang

Faculty Scholarship

No abstract provided.

Liberty And Community In Marriage: Expanding On Massey's Proposal For A Community Property Option In New Hampshire, Jo Carrillo

Faculty Scholarship

No abstract provided.

Primary Care Lawyers: A Holistic Approach To Pro Bono Business Lawyering, Alina S. Ball

Faculty Scholarship

No abstract provided.

The 2016 Presidential Election: The Next Four Years And Beyond, Scott Dodson, Dahlia Lithwick, Bertrall L. Ross, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Gender Gap In Startup Catalyst Organizations: Bridging The Divide Between Narrative And Reality, Alice Armitage, Robin Feldman

Faculty Scholarship

No abstract provided.

The Role Of Human Rights Litigation In Improving Access To Reproductive Health Care And Achieving Reductions In Maternal Mortality, Jennifer Templeton Dunn, Katherine Lesyna, Anna Zaret

Faculty Scholarship

No abstract provided.

Resolving Disputes And Improving Security In Post-Conflict Settings: An Example From Liberia, Jessica Vapnek, Alfred Fofie, Peter Boaz

Faculty Scholarship

Countries emerging from civil conflict in the developing world face numerous challenges that hinder reconstruction and peace building. These hurdles, many of which existed before the war and may have contributed to the civil strife, include poverty, unequal distribution of political and economic power, land disputes and exploitation or exclusion of groups on social, cultural, tribal or religious bases. Liberia emerged from 14 years of conflict in 2003 urgently needing to address many of these concerns, in particular the burgeoning number of land disputes and the looming threat they posed to peace, security and national reconstruction. A joint effort by …

Implicit Bias And Prejudice In Mediation, Carol L. Izumi

Faculty Scholarship

No abstract provided.

The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown

Faculty Scholarship

No abstract provided.

Water And Taxes, Dave Owen

Faculty Scholarship

No abstract provided.

3-D Microwell Array System For Culturing Virus Infected Tumor Cells, Umut A. Gurkan

Faculty Scholarship

Cancer cells have been increasingly grown in pharmaceutical research to understand tumorigenesis and develop new therapeutic drugs. Currently, cells are typically grown using two-dimensional (2-D) cell culture approaches, where the native tumor microenvironment is difficult to recapitulate. Thus, one of the main obstacles in oncology is the lack of proper infection models that recount main features present in tumors. In recent years, microtechnology-based platforms have been employed to generate three-dimensional (3-D) models that better mimic the native microenvironment in cell culture. Here, we present an innovative approach to culture Kaposi’s sarcoma-associated herpesvirus (KSHV) infected human B cells in 3-D using …

Et Tu, Android?: Regulating Dangerous And Dishonest Robots, Woodrow Hartzog

Faculty Scholarship

Consumer robots like personal digital assistants, automated cars, robot companions, chore-bots, and personal drones raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety, and finances. They also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

This paper argues that the FTC's grant of authority and existing jurisprudence are well-suited for protecting consumers who buy and interact …

Bacterial Colonization And Antibiotic Resistance In A Prospective Cohort Of Newborn Infants During The First Year Of Life, Sharon B. Meropol, Kurt C. Stange, Michael R. Jacobs, Judith K. Weiss, Saralee Bajaksouzian, Robert A. Bonomo

Faculty Scholarship

Background. Infants are virtually sterile at birth and frequently use antibiotics; our objective was to (1) characterize the longitudinal colonization with bacterial pathogens and associated antibiotic resistance in a cohort of community-dwelling infants in Northeast Ohio and (2) describe longitudinal concurrent antibiotic and daycare exposures. Methods. For 35 newborns, nasopharyngeal swabs were cultured for Streptococcus pneumoniae, anterior nasal for Staphylococcus aureus, and perirectal for extended-spectrum beta-lactamase (ESBL)-producing Gram-negative enteric bacteria, at 3-month intervals for 12 months. Infant and household antibiotics and daycare exposure were assessed longitudinally. Results. Thirteen infants received perinatal or nursery antibiotics. By 3 months, at least 22 …

The Trauma Of The Routine: Lessons On Cultural Trauma From The Emmett Till Verdict, Angela Onwuachi-Willig

Faculty Scholarship

Cultural traumas are socially mediated processes that occur when groups endure horrific events that forever change their consciousness and identity. According to cultural sociologists, these traumas arise out of shocks to the routine or the taken for granted. Understanding such traumas is critical for developing solutions that can address group suffering. Using the African American community’s response to the not guilty verdict in the Emmett Till murder trial as a case study, this article extends cultural trauma theory by explicating how cultural traumas can arise not only when routines are disrupted but also when they are maintained and reaffirmed in …

The Privacy Policymaking Of State Attorneys General, Danielle K. Citron

Faculty Scholarship

Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory change, however, have been ignored: the state attorneys general. This article is the first in-depth study of the privacy norm entrepreneurship of state attorneys general. Because so little has been written about this phenomenon, I engaged with primary sources — first interviewing state attorneys general and current and former career staff, and then examining documentary evidence received through FOIA requests submitted to AG offices around the country.

Much as Justice Louis Brandeis imagined states as laboratories of the law, offices …

Defining Hate Speech, Andrew Sellars

Faculty Scholarship

There is no shortage of opinions about what should be done about hate speech, but if there is one point of agreement, it is that the topic is ripe for rigorous study. But just what is hate speech, and how will we know it when we see it online? For all of the extensive literature about the causes, harms, and responses to hate speech, few scholars have endeavored to systematically define the term. Where other areas of content analysis have developed rich methodologies to account for influences like context or bias, the present scholarship around hate speech rarely extends beyond …

Brief Of Amici Curiae Naacp Legal Defense & Educational Fund, Inc.; Legal Aid Society — Employment Law Center; Professor D. Wendy Greene; And Professor Angela Onwuachi-Willig In Support Of Plaintiff/Appellant's Petition For Rehearing En Banc, Angela Onwuachi-Willig, D. Wendy Greene

Faculty Scholarship

The NAACP Legal Defense and Educational Fund, Inc. (“LDF”) is a nonprofit legal organization that has fought to achieve racial justice and ensure that America fulfills its promise of equality for all. Since 1964, LDF has worked to enforce Title VII of the Civil Rights Act (“Title VII”) by representing individual plaintiffs and plaintiff classes in challenges to discriminatory employment practices engaged in by employers in such cases as Griggs v. Duke Power Co., 401 U.S. 424 (1971); Albemarle Paper Co. v. Moody, 422 U.S. 405 (1975); and Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971). …

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.

License Plate Reader Technology: Transportation Uses And Privacy Risks, Johanna Zmud, Jason Wagner, Maarit Moran, James P. George

Faculty Scholarship

NCHRP Report/Task 136: License Plate Reader Technology: Transportation Uses and Privacy Risks, presents a review of transportation uses of license plate reader (LPR) technology, relevant regulatory and judicial cases, and current trends in public opinion. Detailed case studies were completed for five transportation uses to assess current context, benefits, and challenges. Guidance on strategies and practices is provided to guide transportation agencies in balancing between beneficial uses of LPR data and the protection of individual privacy. These best practices should be understood as the minimum aspirations for an agency’s policies, procedures, and controls. Due to the unique requirements of individual …

Information Technology And Learning On-The-Job, James Bessen

Faculty Scholarship

Economists disagree how much technology raises demand for workers with pre-existing skills. But technology might affect wages another way: through skills learned on the job. Using instrumental variables on 9 panels of workers from 1989 to 2013, this paper estimates that workers who use information technology (IT) have wage growth that is about 2% greater than non-IT workers, all else equal, implying substantial learning. This effect persists over time, implying sustained productivity growth from IT. Also, it benefits workers both with and without college degrees. Because many more college-educated workers use IT, college wages grow faster, contributing to economic inequality.

Process Without Procedure: National Security Letters And First Amendment Rights, Hannah Bloch-Wehba

Faculty Scholarship

Each year, the FBI uses tens of thousands of NSLs to obtain “transactional records” related to telephone calls, emails, text messages, online forums, and other communicative activity. NSLs are usually accompanied by nondisclosure orders that prevent recipients from speaking about or acknowledging the requests. Although over 100,000 NSLs have been issued since 2001, there have been fewer than 10 known judicial challenges.

I argue that the absence of procedural safeguards within the NSL authority has created a de facto regime of automatic compliance with the requests, endangering First Amendment rights in the process. NSLs are explicitly directed at uncovering the …

Two Narratives Of Platform Capitalism, Frank Pasquale

Faculty Scholarship

No abstract provided.

Readings On L2 Reading: Publications In Other Venues 2015–2016, Shenika Harris, Carolina Bernales, Gabriela Romero-Ghiretti, Haley Dolosic, Huan Liu, Tracy Van Bishop

Faculty Scholarship

This feature offers an archive of articles published in other venues during the past year and serves as a valuable tool to readers of Reading in a Foreign Language (RFL). It treats any topic within the scope of RFL and second language reading. The articles are listed in alphabetical order, each with a complete reference as well as a brief summary. The editors of this feature attempt to include all related articles that appear in other venues. However, undoubtedly, this list is not exhaustive.

The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler

Faculty Scholarship

The number of empirical legal studies published by academic journals is on the rise. Given theory’s dominance over the last few decades, this is a welcome development. This movement, however, has been plagued by a lack of rigor and a failure of editors to require disclosure of data and procedures that allow for easy replication of published results. Law journals, the editorial boards of which are manned solely by law students, might face the toughest hurdles in ensuring publication of only high quality empirical studies and in implementing and enforcing disclosure policies. While scholars in other fields including economics, psychology, …

Sales Suppression: The International Dimension, Richard Thompson Ainsworth

Faculty Scholarship

Sales transaction taxes are highly susceptible to technology fraud, which is an inevitable result of today’s widespread reliance on technology to document taxed transactions. Technology can be (and is) manipulated to defeat the collection of these taxes. Both the U.S. retail sales tax (RST) and the European value added tax (VAT) are vulnerable to technology-based fraud. This Article concerns sales suppression — intentionally not recording sales — in the RST, and at the final stage of the VAT, the retail stage, when tax is collected from final consumers.

The modern electronic cash register (ECR)/point of sale (POS) system is vulnerable …

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Faculty Scholarship

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …