Digital Commons Network^™

Altered Mitochondrial Respiration In Peripheral Blood Mononuclear Cells Of Post-Acute Sequelae Of Sars-Cov-2 Infection, Sahera Dirajlal-Fargo, Jared C. Durieux, Grace A. Mccomsey

Faculty Scholarship

Peripheral blood mononuclear cells (PBMC) mitochondrial respiration was measured ex vivo from participants without a history of COVID (n = 19), with a history of COVID and full recovery (n = 20), and with PASC (n = 20). Mean mitochondrial basal respiration, ATP-linked respiration, maximal respiration, spare respiration capacity, ATP-linked respiration, and non-mitochondrial respiration were highest in COVID + PASC+ (p ≤ 0.04). Every unit increase in non-mitochondrial respiration, ATP-linked respiration, basal respiration, spare respiration capacity, and maximal respiration increased the predicted odds of PASC between 1 % and 6 %. Mitochondrial dysfunction in PBMCs may be contributing to the …

It’S Dead! Can Postbiotics Really Help Performance And Recovery? A Systematic Review, Chad M. Kerksick, Jessica M. Moon, Ralf Jäger

Faculty Scholarship

In recent years, postbiotics have increased in popularity, but the potential relevancy of postbiotics for augmenting exercise performance, recovery, and health is underexplored. A systematic literature search of Google Scholar and PubMed databases was performed with the main objective being to identify and summarize the current body of scientific literature on postbiotic supplementation and outcomes related to exercise performance and recovery. Inclusion criteria for this systematic review consisted of peer-reviewed, randomized, double-blind, and placebo-controlled trials, with a population including healthy men or women >18 years of age. Studies required the incorporation of a postbiotic supplementation regimen and an outcome linked …

The Ideology Of Press Freedom, Hannah Bloch-Wehba

Faculty Scholarship

This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom, which defends the media’s autonomy and shields the press from outside interference.

But the dominant accounts of the press’s democratic role are only partly accurate. The law of press freedom is grounded in large part in journalism’s professional commitments to objectivity, public service, and autonomy. These idealized characterizations, flawed …

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Consumer Law For Gen Z Law Students, Neil Sobol

Faculty Scholarship

Whether they are consumers, representing consumers, or advising clients dealing with consumers, law school graduates will inevitably confront numerous consumer law issues. Moreover, most students entering law school are members of Generation Z and face a new wave of consumer laws arising from the 2007–2009 recession and the rapid growth of new technologies. Clickwrap agreements, email spoofing, cybercrimes, cryptocurrencies, fintech, identity theft, online disparagement, data privacy, artificial intelligence, robocalling, and autonomous vehicles are among the evolving topics in modern consumer law. Despite the growth in consumer law concerns, many law students have limited access to consumer law options, with almost …

Rico's Long Arm, Randy D. Gordon

Faculty Scholarship

RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …

Expanding The Ban On Forced Arbitration To Race Claims, Michael Z. Green

Faculty Scholarship

When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex, especially race, tempers any exuberance attributable to the passage of EFASASHA. This Article prescribes an approach for employees and consumers to rely upon EFASASHA as a tool to prevent both race and sex discrimination claims from being forced into arbitration by employers and companies. This approach relies upon procedural …

Four Futures Of Chevron Deference, Daniel Walters

Faculty Scholarship

In two upcoming cases, the Supreme Court will consider whether to overturn the Chevron doctrine, which, since 1984, has required courts to defer to reasonable agency interpretations of otherwise ambiguous statutes. In this short essay, I defend the proposition that, even on death’s door, Chevron deference is likely to be resurrected, and I offer a simple positive political theory model that helps explain why. The core insight of this model is that the prevailing approach to judicial review of agency interpretations of law is politically contingent—that is, it is likely to represent an equilibrium that efficiently maximizes the Supreme Court’s …

Outcome Reasons And Process Reasons In Normative Constitutional Theory, Lawrence B. Solum

Faculty Scholarship

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that seem clearly fallacious and advance proposals that are pie in the sky. One of the reasons for the mess is an overreliance by constitutional theorists on “outcome reasons,” justifications that rely on the theorist’s beliefs about what outcomes are good and what outcomes are bad. This outcome-drive approach is exemplified by the so-called “canonical cases” argument, which evaluates positions in normative constitutional theory on the basis of its counterfactual implications for a handful of prior decisions of the Supreme Court. …

Fair Use In The Us Redux: Reformed Or Still Deformed?, Jane C. Ginsburg

Faculty Scholarship

In 2019, Professor Ginsburg delivered the Distinguished Visitor in Intellectual Property Lecture at the Faculty of Law, National University of Singapore. Titled “Fair Use in the US: Transformed, Reformed, Deformed?”, the lecture explored US caselaw applying the statutory fair use exception, highlighting its excesses and apparent rebalancing. Four and half years (and a pandemic) later, the Supreme Court has rendered decisions in two fair use cases (Google v Oracle; Andy Warhol Foundation v Goldsmith). Together, these controversies prompt inquiry whether the Supreme Court has redrawn the landscape of US fair use and copyright law, expanding fair use …

Employer-Sponsored Reproduction, Valarie K. Blake, Elizabeth Mccuskey

Faculty Scholarship

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive choice, revealing the magnitude of impact that employers’ insurance coverage choices have on Americans’ access to reproductive care, as well as the legal infrastructure that prioritizes employer choice over individual autonomy.

Over half the population depends on employers for health insurance. The laws regulating those plans grant employers discretion in what services to cover, with exceptionally wide latitude for employers’ choices about reproductive care services, like abortion, contraception, infertility, and pre-exposure prophylaxis (PrEP). In their role as health care funders, employers pursue their own economic interests, …

Dci Submission To The European Commission (Ec) On Generative Artificial Intelligence, Stephen Dnes, Lee Fleming, Keith N. Hylton, Bowman Heiden, Juliana Oliveira Domingues, Lola Montero Santos, Nicolas Petit, Jason Potts, Asta Pundziene

Faculty Scholarship

The DCI welcomes the opportunity to submit comments on the EC’s consultation on competition and generative artificial intelligence (hereafter, “GenAI”).1 The two main messages of the DCI submission are the following: • The technological and economic properties of GenAI do not support a case of tipping in which one firm takes the entire market; • The financial and regulatory context of GenAI could fuel ‘winner takes all or most’ dynamics in GenAI markets. These points are set out in more detail in the paragraphs below.

New York City Relaxing Environmental Review Rules For Housing Construction, Michael B. Gerrard

Faculty Scholarship

Faced with a severe housing shortage, New York City is exempting the construction of much new housing from the environmental review processes and taking many other steps to encourage such construction throughout the city. Several of these moves will also help the transition away from fossil fuels to renewable energy.

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

Orthogonalizing Inputs, Talia B. Gillis

Faculty Scholarship

This paper examines an approach to algorithmic discrimination that seeks to blind predictions to protected characteristics by orthogonalizing inputs. The approach uses protected characteristics (such as race or sex) during the training phase of a model but masks these during deployment. The approach posits that including these characteristics in training prevents correlated features from acting as proxies, while assigning uniform values to them at deployment ensures decisions do not vary by group status.

Using a prediction exercise of loan defaults basedon mortgage HMDA data and German credit data, the paper highlights the limitations of this orthogonalization strategy. Applying a lasso …

False Conscience: Sustainability And Smart Evolution—Between Law And Power, Ugo Mattei

Faculty Scholarship

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto …

Parental Rights: Rhetoric Versus Doctrine, Clare Huntington

Faculty Scholarship

Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars — including both of us — who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem …

Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott

Faculty Scholarship

The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …

(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson

Faculty Scholarship

Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.

This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …

War Powers Reform: A Skeptical View, Matthew C. Waxman

Faculty Scholarship

Debates about war powers focus too much on legal checks and on the President’s power to start wars. Congressional checks before and during crises work better than many reform-ists suppose, and there are ways to improve Congress’s political checking without substantial legal reform.

Government Counterspeech, Jamal Greene

Faculty Scholarship

We are awash in lies. Misinformation has always been with us, but the endemicity of social media and the depth of political polarization in the United States and elsewhere has enabled falsehoods to be amplified, monetized, microtargeted, and spread around the world at unprecedented speed and scale. The consequences for democracy, public health, and social harmony are emergent and grave.

Misinformation presents one of the most vexing challenges for content moderation on social media (and off it, such as on cable news) for myriad reasons. Because misinformation can be difficult or controversial to define, policing it risks chilling core political …

Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan

Faculty Scholarship

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Standing Between Private Parties, Thomas P. Schmidt

Faculty Scholarship

Standing is generally framed as a doctrine about plaintiffs. The basic question, the Supreme Court has said, is “whether the plaintiff is the proper party” to invoke the federal judicial power. Asking that question tends to obscure a natural corollary: Against whom? This Article attends to the other side of the “v.” It argues that suits against private parties should be treated differently from suits against government officials for standing purposes because these two types of suits raise different structural concerns. Notwithstanding its focus on plaintiffs, the Supreme Court has said repeatedly that standing is “built” on the “single basic …

Identifying Virtual Care Modality In Electronic Health Record Data, Kurt C. Stange

Faculty Scholarship

Background: Virtual care increased dramatically during the COVID-19 pandemic. The specific modality of virtual care (video, audio, eVisits, eConsults, and remote patient monitoring) has important implications for the accessibility and quality of care, but rates of use are relatively unknown. Methods for identifying virtual care modalities, especially in electronic health records (EHR) are inconsistent. This study (a) developed a method to identify virtual care modalities using EHR data and (b) described the distribution of these modalities over a 3-year study period. Methods: EHR data from 316 primary care safety net clinics throughout the study period (4/1/2020-3/31/2023) were included. Visit type …

Sociodemographic And Clinical Characteristics Of People With Oldest Older Age Bipolar Disorder In A Global Sample: Results From The Global Aging And Geriatric Experiments In Bipolar Disorder Project, Peijun Chen, Martha Sajatovic, Joy Yala, Kaylee Sarna

Faculty Scholarship

Objects: Studies of older age bipolar disorder (OABD) have mostly focused on “younger old” individuals. Little is known about the oldest OABD (OOABD) individuals aged ≥70 years old. The Global Aging and Geriatric Experiments in Bipolar Disorder (GAGE-BD) project provides an opportunity to evaluate the OOABD group to understand their characteristics compared to younger groups. Methods: We conducted cross-sectional analyses of the GAGE-BD database, an integrated, harmonized dataset from 19 international studies. We compared the sociodemographic and clinical characteristics of those aged <50 (YABD, n = 184), 50–69 (OABD, n = 881), and ≥70 (OOABD, n = 304). To standardize the comparisons between age categories and all characteristics, we used multinomial logistic regression models with age category as the dependent variable, with each characteristic as the independent variable, and clustering of standard errors to account for the correlation between observations from each of the studies. Results: OOABD and OABD had lower severity of manic symptoms (Mean YMRS = 3.3, 3.8 respectively) than YABD (YMRS = 7.6), and lower depressive symptoms (% of absent = 65.4%, and 59.5% respectively) than YABD (18.3%). OOABD and OABD had higher physical burden than YABD, especially in the cardiovascular domain (prevalence = 65% in OOABD, 41% in OABD and 17% in YABD); OOABD had the highest prevalence (56%) in the musculoskeletal domain (significantly differed from 39% in OABD and 31% in YABD which didn't differ from each other). Overall, OOABD had significant cumulative physical burden in numbers of domains (mean = 4) compared to both OABD (mean = 2) and YABD (mean = 1). OOABD had the lowest rates of suicidal thoughts (10%), which significantly differed from YABD (26%) though didn't differ from OABD (21%). Functional status was higher in both OOABD (GAF = 63) and OABD (GAF = 64), though only OABD had significantly higher function than YABD (GAF = 59). Conclusions: OOABD have unique features, suggesting that (1) OOABD individuals may be easier to manage psychiatrically, but require more attention to comorbid physical conditions; (2) OOABD is a survivor cohort associated with resilience despite high medical burden, warranting both qualitative and quantitative methods to better understand how to advance clinical care and ways to age successfully with BD.

Uncovering The Interhospital Price Variations For Vasectomies In The United States, Sherry Mortach, Nicholas Sellke, Stephen Rhodes, Helen H. Sun, Kimberly Tay, Ramy Abou Ghayda, Aram Loeb, Nannan Thirumavalavan

Faculty Scholarship

Due to the historic lack of transparency in healthcare pricing in the United States, the degree of price variation for vasectomy is largely unknown. Our study aims to assess characteristics of hospitals reporting prices for vasectomy as well as price variation associated with hospital factors and insurance status. A cross-sectional analysis was performed in October, 2022 using the Turquoise Database which compiles publicly available hospital pricing data. The database was queried for vasectomy prices to identify the cash (paid by patients not using insurance), commercial (negotiated by private insurers) and Medicare and Medicaid prices for vasectomies. Hospital characteristics of those …

Effects Of Micromachining On Anti-Oxidant Elution From A Mechanically-Adaptive Polymer, Natalie N. Mueller, Youjoung Kim, Mali Ya Mungu Ocoko, Peter Dernelle, Ishani Kale, Simran Patwa, Anna Clarissa Hermoso, Deeksha Chirra, Jeffrey R. Capadona, Allison E. Hess-Dunning

Faculty Scholarship

Intracortical microelectrodes (IMEs) can be used to restore motor and sensory function as a part of brain–computer interfaces in individuals with neuromusculoskeletal disorders. However, the neuroinflammatory response to IMEs can result in their premature failure, leading to reduced therapeutic efficacy. Mechanically-adaptive, resveratrol-eluting (MARE) neural probes target two mechanisms believed to contribute to the neuroinflammatory response by reducing the mechanical mismatch between the brain tissue and device, as well as locally delivering an antioxidant therapeutic. To create the mechanically-adaptive substrate, a dispersion, casting, and evaporation method is used, followed by a microfabrication process to integrate functional recording electrodes on the material. …

Factors Influencing Music Therapists’ Retention Of Clinical Hours With Autistic Clients Over Telehealth During The Covid-19 Pandemic, Nicole M. Richard Williams

Faculty Scholarship

The COVID-19 pandemic influenced music therapists to migrate services to online platforms, though some lost clinical hours during the pandemic when telehealth was not a viable option. This survey study aimed to ascertain factors that helped music-based therapists to continue serving autistic clients over telehealth during the pandemic. We surveyed 193 accredited music therapists located mainly in Canada and the United States. In addition to gathering data on general perceptions of telehealth music therapy and Neurologic Music Therapy® (NMT), one-way ANOVAs were applied to determine differences in percent-change loss of clinical hours for music therapists: 1) working in different employment …

Integrating Multiscale Geospatial Analysis For Monitoring Crop Growth, Nutrient Distribution, And Hydrological Dynamics In Large-Scale Agricultural Systems, Olatunde D. Akanbi, Deepa C. Bhuvanagiri, Erika I. Barcelos, Arafath Nihar, Brian Gonzalez Hernandez, Jeffrey M. Yarus, Roger H. French

Faculty Scholarship

Monitoring crop growth, soil conditions, and hydrological dynamics are imperative for sustainable agriculture and reduced environmental impacts. This interdisciplinary study integrates remote sensing, digital soil mapping, and hydrological data to elucidate intricate connections between these factors in the state of Ohio, USA. Advanced spatiotemporal analysis techniques were applied to key datasets, including the MODIS sensor satellite imagery, USDA crop data, soil datasets, Aster GDEM, and USGS stream gauge measurements. Vegetation indices derived from MODIS characterized crop-specific phenology and productivity patterns. Exploratory spatial data analysis show relationships of vegetation dynamics and soil properties, uncovering links between plant vigor, edaphic fertility, and …

Integrating Multiscale Geospatial Analysis For Monitoring Crop Growth, Nutrient Distribution, And Hydrological Dynamics In Large-Scale Agricultural Systems, Olatunde D. Akanbi, Deepa C. Bhuvanagiri, Erika I. Barcelos, Arafath Nihar, Brian Gonzalez Hernandez, Jeffrey M. Yarus, Roger H. French

Faculty Scholarship

Monitoring crop growth, soil conditions, and hydrological dynamics are imperative for sustainable agriculture and reduced environmental impacts. This interdisciplinary study integrates remote sensing, digital soil mapping, and hydrological data to elucidate intricate connections between these factors in the state of Ohio, USA. Advanced spatiotemporal analysis techniques were applied to key datasets, including the MODIS sensor satellite imagery, USDA crop data, soil datasets, Aster GDEM, and USGS stream gauge measurements. Vegetation indices derived from MODIS characterized crop-specific phenology and productivity patterns. Exploratory spatial data analysis show relationships of vegetation dynamics and soil properties, uncovering links between plant vigor, edaphic fertility, and …