Digital Commons Network^™

The Returns To Criminal Capital, Thomas Loughran, Holly Nguyen, Alex R. Piquero, Jeffrey Fagan

Faculty Scholarship

Human capital theory (Becker 1962; Mincer 1958; Schultz 1960; 1961) posits that individuals can increase their labor market returns through investments in education and training. This concept has been studied extensively across several disciplines. An analog concept of criminal capital, while the focus of speculation and limited empirical study, remains considerably less developed theoretically and methodologically. This paper offers a formal theoretical model of criminal capital indicators and tests for greater illegal wage returns using a sample of serious adolescent offenders, many of whom participate in illegal income-generating activities. Our results reveal that, consistent with human capital theory, there are …

Snap Food Security In-Depth Interview Study: Final Report, Kathryn Edin, Melody Boyd, James Mabli, Jim Ohls, Julie Worthington, Sara Sternberg Greene, Nicholas Redel, Swetha Sridharan

Faculty Scholarship

The in-depth interviews discussed in this report consist of detailed discussions with 90 SNAP households with children in 6 states (California, Illinois, Indiana, Massachusetts, Rhode Island, and Texas) about their financial situations, their use of SNAP, and their overall food security.

Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah

Faculty Scholarship

This Essay considers the different approaches to end of life decision making for incapacitated patients in the United States and in the United Kingdom. In the United States, individual patient autonomy is the primary guidepost for making end of life decisions for incapacitated patients. In the United Kingdom, patient preference is openly and deliberately supplemented with a careful consideration of the patient’s best interest. To contrast the two approaches, the Essay focuses on two cases involving patients in permanent vegetative states (PVS) for whom little was known about their respective individual preferences, and it analyzes the differences in conceptualization and …

Chevron Meets Youngstown: National Security And The Administrative State, Joseph Landau

Faculty Scholarship

The past several years have witnessed a burst of scholarship at the intersection of national security and administrative law. Many supporters of this approach endorse a heightened, “super-strong” brand of Chevron deference to presidential decisionmaking during times of emergency. Believing that the Executive’s comparative advantage in expertise, access to information, and accountability warrant minimal judicial scrutiny, these Chevron-backers advance an Executive-centric view of national security powers. Other scholars, by contrast, dispute Chevron’s relevance to national security. These Chevron-detractors argue for an interventionist judiciary in national security matters. Both camps criticize the Supreme Court’s scaling of deference to the Executive after …

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Faculty Scholarship

Stories of scarcity litter the morning newspapers. Around the world, resources — food, water, fuel sources, clean air — seem stretched to, or even beyond, capacity. Consequences have already been serious, including suffering and unrest. Competition for resources seems likely only to increase. Does international law have the tools to manage or even solve this growing global problem? It was with this question in mind that the editors of the Georgia Journal of International and Comparative Law convened their 2012 symposium: “International Law in a Time of Scarcity.”

This short essay serves as introduction to that symposium and the related …

Government Disapproval Of Religion, Jay D. Wexler

Faculty Scholarship

The Supreme Court’s “Endorsement Test” for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government “endorsement” of religion, however, the test also prohibits the government from sending a message of “disapproval” of religion. The disapproval side of the Endorsement Test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …

Foreword Critical Race Theory And Empirical Methods, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

In Denial: The Role Of Law In Preparing For Death, Barbara A. Noah

Faculty Scholarship

Only approximately 20% of Americans have engaged in any form of advance care planning and, even among older Americans, the process frequently is delayed until an acute illness provides sufficient pressure to act. End of life law, though flawed, offers some opportunity to express individual values and preferences via advance directives of various kinds in order to prepare for death before it is imminent. Yet many people avoid making these preparations because the thought of death is uncomfortable to confront. This Article considers the utility of existing law in preventing and resolving end of life disputes and avoiding over-utilization of …

Reinhardt Is Right; Perry Is A Case About California, Matt Coles

Faculty Scholarship

No abstract provided.

Lindsay's Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Getting Ahead Of The Curve: Supporting Adaptation To Long-Term Climate Change And Short-Term Climate Variability Alike, Alexis Saba, Michela Biasutti, Michael B. Gerrard, David B. Lobell

Faculty Scholarship

The United Nations Framework Convention on Climate Change (UNFCCC) has been meeting since 1995, and in recent years, it has increasingly focused on facilitating and funding climate change adaptation in developing countries. Other sources of financing, from multilateral development banks to bilateral and multilateral agreements among countries, are also providing resources for adaptation. Simultaneously, climate scientists around the world are updating their forecasts on the nature of future climate change. This article seeks to examine the scope of funding available for climate change adaptation and how climate change forecasts are used to plan for and evaluate climate change adaptation. We …

The Broken Safety Net: A Study Of Earned Income Tax Credit Recipients And A Proposal For Repair, Sara Sternberg Greene

Faculty Scholarship

The Earned Income Tax Credit (EITC) is the largest federal antipoverty program in the United States and garners almost universal bipartisan support from politicians, legal scholars, and other commentators. However, assessments of the EITC missed an imperative perspective: that of EITC recipients themselves. Past work relies on largely unconfirmed assumptions about the behaviors and needs of low-income families. This Article provides a novel assessment of the EITC based on original data obtained directly from 194 EITC recipients through in-depth qualitative interviews. The findings are troubling: They show that while the EITC has important advantages over welfare, which it has largely …

Snake Oil Salesman Or Purveyors Of Knowledge: Off-Label Promotions And The Commercial Speech Doctrine, Constance E. Bagley, Joshua Mitts

Faculty Scholarship

The Second Circuit’s December 2012 decision in United States v. Caronia striking down the prohibition on off-label marketing of pharmaceutical drugs has profound implications for economic regulation in general, calling into question the constitutionality of restrictions on the offer and sale of securities under the Securities Act of 1933, the solicitation of shareholder proxies and periodic reporting under the Securities Exchange Act of 1934, mandatory labels on food, tobacco, and pesticides, and a wide range of privacy protections. In this Article we suggest that Caronia misconstrues the Supreme Court’s holding in Sorrell v. IMS Health, which was motivated by concerns …

Gene, Pathway And Network Frameworks To Identify Epistatic Interactions Of Single Nucleotide Polymorphisms Derived From Gwas Data, Yu Liu, Sean Maxwell, Tao Feng, Xiaofeng Zhu, Robert C. Elston, Mehmet Koyutürk, Mark R. Chance

Faculty Scholarship

Background: Interactions among genomic loci (also known as epistasis) have been suggested as one of the potential sources of missing heritability in single locus analysis of genome-wide association studies (GWAS). The computational burden of searching for interactions is compounded by the extremely low threshold for identifying significant p-values due to multiple hypothesis testing corrections. Utilizing prior biological knowledge to restrict the set of candidate SNP pairs to be tested can alleviate this problem, but systematic studies that investigate the relative merits of integrating different biological frameworks and GWAS data have not been conducted.Results: We developed four biologically based frameworks to …

Pairwise Protein Expression Classifier For Candidate Biomarker Discovery For Early Detection Of Human Disease Prognosis, Parminder Kaur, Daniela Schlatzer, Kenneth Cooke, Mark R. Chance

Faculty Scholarship

Background: An approach to molecular classification based on the comparative expression of protein pairs is presented. The method overcomes some of the present limitations in using peptide intensity data for class prediction for problems such as the detection of a disease, disease prognosis, or for predicting treatment response. Data analysis is particularly challenging in these situations due to sample size (typically tens) being much smaller than the large number of peptides (typically thousands). Methods based upon high dimensional statistical models, machine learning or other complex classifiers generate decisions which may be very accurate but can be complex and difficult to …

Medical Devices Excise Tax (Mdet) — A Market-Specific Vat?, Richard Thompson Ainsworth, Andrew Shact, Gail Wasylyshyn

Faculty Scholarship

VATs flourish in complex, clearly defined markets. New York discovered this when it converted its single-stage retail sales tax on hotel rooms, the Hotel Room Occupancy Tax (HROT), into a multi-stage European-style VAT. The HROT VAT-conversion demonstrates that (a) in a clearly defined market where (b) a single stage tax is imposed on (c) only part of a complex supply chain that (d) losses attributable to supply-chain-fragmentation can be remedied by moving to a multi-stage VAT.

The Medical Devices Excise Tax (MDET) imposes as 2.3% excise tax on the sale by manufacturers, producers or importers of clearly identified medical devises …

Magnet: Microarray Gene Expression And Network Evaluation Toolkit, George C. Linderman, Mark R. Chance, Gurkan Bebek

Faculty Scholarship

MicroArray Gene expression and Network Evaluation Toolkit (MAGNET) is a web-based application that provides tools to generate and score both protein-protein interaction networks and coexpression networks. MAGNET integrates user-provided experimental measurements with high-throughput proteomic datasets, generating weighted gene-gene and protein-protein interaction networks. MAGNET allows users to weight edges of protein-protein interaction networks using a logistic regression model integrating tissue-specific gene expression data, sub-cellular localization data, co-clustering of interacting proteins and the number of observations of the interaction. This provides a way to quantitatively measure the plausibility of interactions in protein-protein interaction networks given protein/gene expression measurements. Secondly, MAGNET generates filtered …

Human Biomarker Discovery And Predictive Models For Disease Progression For Idiopathic Pneumonia Syndrome Following Allogeneic Stem Cell Transplantation, Daniela M. Schlatzer, Jean-Eudes Dazard, Rob M. Ewing, Serguei Ilchenko, Saada Eid, Mark R. Chance, Kenneth R. Cooke

Faculty Scholarship

Allogeneic hematopoietic stem cell transplantation (SCT) is the only curative therapy for many malignant and non-malignant conditions. Idiopathic pneumonia syndrome (IPS) is a frequently fatal complication that limits successful outcomes. Preclinical models suggest that IPS represents an immune mediated attack on the lung involving elements of both the adaptive and the innate immune system. However, the etiology of IPS in humans is less well understood. To explore the disease pathway and uncover potential biomarkers of disease, we performed two separate label-free, proteomics experiments defining the plasma protein profiles of allogeneic SCT patients with IPS. Samples obtained from SCT recipients without …

Violence And Political Incivility, David B. Lyons

Faculty Scholarship

The charge to our panel refers to "the deterioration of the political conversation," to "deep ... divisions in society," and to recent violence- especially the tragic events in Tuscon. It asks us to identify "the virtues required.for our common life as citizens in a democracy and for civil democratic conversation." I shall offer observations and conjectures on each issue, stressing the historical background.

Let me suggest, first,. that the nonconstructive and increasingly abusive character of our political discourse may be relatively mild manifestations of an even more troubling malaise of our society- commonplace unlawful violence. I wish to draw your …

Insights Into Substrate Specificity And Metal Activation Of Mammalian Tetrahedral Aspartyl Aminopeptidase, Yuanyuan Chen, Erik R. Farquhar, Mark R. Chance, Krzysztof Palczewski, Philip D. Kiser

Faculty Scholarship

Aminopeptidases are key enzymes involved in the regulation of signaling peptide activity. Here, we present a detailed biochemical and structural analysis of an evolutionary highly conserved aspartyl aminopeptidase called DNPEP. We show that this peptidase can cleave multiple physiologically relevant substrates, including angiotensins, and thus may play a key role in regulating neuron function. Using a combination of x-ray crystallography, x-ray absorption spectroscopy, and single particle electron microscopy analysis, we provide the first detailed structural analysis of DNPEP. We show that this enzyme possesses a binuclear zinc-active site in which one of the zinc ions is readily exchangeable with other …

Free Riding On Benevolence: Collective Action Federalism And The Minimum Coverage Provision, Neil S. Siegel

Faculty Scholarship

Opponents of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA) argue that this “individual mandate” is beyond the scope of Congress’s commerce power because it regulates the “inactivity” of not purchasing health insurance. Defenders of the provision argue that it regulates the “activity” of participating in the interstate health care market, including by obtaining health care without paying for it. This Article argues that the distinction between inactivity and activity is irrelevant to the limits of the commerce power.

Drawing from the theory of collective action federalism that he recently articulated with Robert Cooter, the …

The Affordable Care Act And Health Promotion: The Role Of Insurance In Defining Responsibility For Health Risks And Costs, Wendy K. Mariner

Faculty Scholarship

This article examines whether insurance is an appropriate mechanism for improving individual health or reducing the cost of health care for payers. The Affordable Care Act contains implicit standards for allocating responsibility for health, especially in provisions encouraging health promotion and wellness programs. A summary of the accumulating evidence of the effects of such programs suggests that wellness programs have been somewhat more effective in making people feel better than in reducing costs. Health promotion should be encouraged, because health is valuable for its own sake. Insurance is not well suited to improve health or manage behavioral risks to health; …

A Copyright Law For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects …

Alternative Strategies For Addressing The Presence And Effects Of Pharmaceutical And Personal Care Products In Fresh Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent years, new information has arisen to challenge this assumption. Chemicals from a wide variety of pharmaceutical and personal care products ("PPCPs"), their byproducts and endocrine disrupting compounds ("EDCs") have received growing attention from the water treatment and wastewater treatment community because of the ability of PPCPs to persist, or only partially degrade, in water and during wastewater treatment.

Several federal agencies, including the EnvironmentAl Protection Agency ("EPA"), the Food and Drug Administration ("FDA"), the U.S. Department of Agriculture ("USDA"), the U.S. Geological Survey ("USGS"), and the Centers for Disease Control and Prevention ("CDC"), have the potential to be …

Novel Urinary Protein Biomarkers Predicting The Development Of Microalbuminuria And Renal Function Decline In Type 1 Diabetes, Daniela Schlatzer, Mark R. Chance, Jean-Eudes Dazard, Xiaolin Li, Fred Hazlett

Faculty Scholarship

OBJECTIVE - To define a panel of novel protein biomarkers of renal disease. RESEARCH DESIGN AND METHODS - Adults with type 1 diabetes in the Coronary Artery Calcification in Type 1 Diabetes study who were initially free of renal complications (n = 465) were followed for development of micro- or macroalbuminuria (MA) and early renal function decline (ERFD, annual decline in estimated glomerular filtration rate of ≥3.3%). The labelfree proteomic discovery phase was conducted in 13 patientswho progressed toMAby the 6-year visit and 11 control subjects, and four proteins (Tamm-Horsfall glycoprotein, α-1 acid glycoprotein, clusterin, and progranulin) identified in the …

Brief Amici Curiae Of Prescription Policy Choices, Professors Of Law, And Professors Of Health Policy In Support Of Petitioners On The Minimum Coverage Provision In Department Of Health & Human Services V. State Of Florida, Abigail Moncrieff, Kevin Outterson, Kyle Thomson, David Arnold, Julia Grace Mirabella, Wang Hao

Faculty Scholarship

One purpose of the individual mandate is to eliminate the market for self-insured healthcare transactions. It is well-established in this Court’s precedent that the elimination of an interstate commercial market is a constitutionally legitimate end for Congress to pursue under the Commerce Clause. Under the Necessary and Proper Clause, Congress may use any reasonably adapted means to accomplish constitutionally legitimate ends. The individual mandate is not only reasonably adapted but is quite elegant as a means of eliminating the market for self-insured healthcare transactions. The provision effectively encourages individuals to shift from the inefficient market for self-insured care to its …

Brief Of Amici Curiae Jewish Alliance For Law, Social Action (Jalsa), Jewish Council On Urban Affairs (Jcua), Jewish Social Policy Action Network (Jspan), New England Jewish Labor Committee (Jlc), And Professor Abigail R. Moncrieff In Support, Abigail Moncrieff, Andrew Fischer

Faculty Scholarship

The minimum coverage provision does not require individuals to purchase any unique product or service but rather requires a standardized financial contribution to the national healthcare infrastructure from all legal residents who are able to pay – a kind of requirement that has never been found unduly or even unusually restrictive of individual liberty.

Adolescents In Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

The International Labour Organization And International Labor Standards, Roger Blanpain, Susan Bisom-Rapp, William R. Corbett, Hilary K. Josephs, Michael J. Zimmer

Faculty Scholarship

With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, …

Creating A Clearinghouse To Evaluate Environmental Risks To Fetal Development, Kate Bloch

Faculty Scholarship

No abstract provided.