Digital Commons Network^™

Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth

Faculty Scholarship

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

Risk, Responsibility, Resilience, Respect: Covid-19 And The Protection Of Health Care Workers, William M. Sage, Victoria L. Tiase

Faculty Scholarship

Medicine and nursing have long professional traditions of altruism and self-sacrifice, including undertaking not only extreme stress but also personal risk in service of patient care. With exceptions for natural disasters, humanitarian missions, and military service, however, recent concerns about professional “burnout” often have had more to do with mismanagement, exploitation, and generational or technological change than with core clinical circumstances. The COVID-19 pandemic changed that – bringing front and center the close connections between the well-being of health care workers and the well-being of the patients they serve. This chapter begins with the COVID-19 experience of health care workers …

Thirty-Day Mortality Rates Among Young Adult Stroke Patients And Their Characteristics At Kiruddu And Mulago Hospitals In Uganda: A Prospective Observational Cohort Study, Shirley Moore, Martha Sajatovic

Faculty Scholarship

Stroke outcomes among young adults in Uganda are unclear. This study therefore determined the clinical characteristics and 30-day outcome among young adults with an acute stroke. In a prospective observational cohort study, 61 young adults with confirmed stroke were followed up for 30 days. Socio-demographic and clinical characteristics were collected using a study questionnaire. Kaplan–Meier curves, and modified Poisson regression were performed for factors associated with the 30-day mortality outcome. A third of the screened stroke survivors, (61/195) were young adults aged between 18 and 50 years. About two-thirds were male. More than half were diagnosed with ischaemic strokes while …

Ai And The Creative Process: Part Three, James Hutson

Faculty Scholarship

Article discussing the effects of artificial intelligence on the creative process in the art world.

Ai And The Creative Process: Part Two, James Hutson

Faculty Scholarship

Article discussing the effects of artificial intelligence on the creative process in the art world.

Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States, Donald B. Tobin, Ellen P. Aprill

Faculty Scholarship

Petitioners in Moore v. United States have argued to the Supreme Court that the word “incomes” in the Sixteenth Amendment authorizes only the taxation of “realized” income. Thus, they assert, a repatriation tax (referred to as MRT) in the Tax Cuts and Jobs Act is invalid because it taxes unrealized gains. While other briefs in the case explain that, as properly understood, the tax at issue taxes only realized gains, this brief counters the petitioners’ Sixteenth Amendment argument. It explains that economists, accountants, and lawyers in the early twentieth century all defined income in broad terms, embracing the definition of …

Blood Pressure Variability And Early Neurological Outcomes In Acute And Subacute Stroke In Southwestern Uganda, Shirley M. Moore, Martha Sajatovic

Faculty Scholarship

Background: Greater blood pressure variability has detrimental effects on clinical outcome after a stroke; its effects are controversial and have not been evaluated in Sub-Saharan Africa (SSA). Methods: We conducted a prospective study of patients with CT head confirmed ischemic and hemorrhagic strokes admitted to a tertiary hospital within 7 days of onset of unilateral neurological deficits. Blood pressure variability indices, standard deviation (SD) and coefficient of variation (CV) of systolic and diastolic blood pressure between day 0 and day 7, were calculated with a subsequent modified Rankin Scale (mRS) score on day 14 post-stroke. Linear regression was performed to …

The New Over-The-Counter Oral Contraceptive Pill—Assessing Financial Barriers To Access, Christopher Robertson, Anna Braman

Faculty Scholarship

In July 2023, the Food and Drug Administration (FDA) approved Opill (norgestrel), the first over-the-counter (OTC) daily oral contraceptive pill in the United States, a move that could dramatically improve practical access to family planning. Opill’s price, however, hasn’t been made public and may not be revealed until the drug enters the market in early 2024. Although contraceptive pills generally cost between $10 and $50 per month without insurance, there’s no indication that Opill’s price will fall within this range. In addition, although the manufacturer (Perrigo) has expressed interest in a consumer-assistance program, it hasn’t released details regarding eligibility for …

Phase Shift Between Joint Rotation And Actuation Reflects Dominant Forces And Predicts Muscle Activation Patterns, R. D. Quinn, Hillel J. Chiel

Faculty Scholarship

During behavior, the work done by actuators on the body can be resisted by the body's inertia, elastic forces, gravity, or viscosity. The dominant forces that resist actuation have major consequences on the control of that behavior. In the literature, features and actuation of locomotion, for example, have been successfully predicted by nondimensional numbers (e.g. Froude number and Reynolds number) that generally express the ratio between two of these forces (gravitational, inertial, elastic, and viscous). However, animals of different sizes or motions at different speeds may not share the same dominant forces within a behavior, making ratios of just two …

Synthesizing Sentience: Integrating Large Language Models And Autonomous Agents For Emulating Human Cognitive Complexity, Jay Ratican, James Hutson, Daniel Plate

Faculty Scholarship

The paper aims to present a novel methodology for emulating the intricacies of human cognitive complexity by ingeniously integrating large language models with autonomous agents. Grounded in the theoretical framework of the modular mind theory-originally espoused by Fodor and later refined by scholars such as Joanna Bryson—the study seeks to venture into the untapped potential of large language models and autonomous agents in mirroring human cognition. Recent advancements in artificial intelligence, exemplified by the inception of autonomous agents like Age in GPT, auto GPT, and baby AGI, underscore the transformative capacities of these technologies in diverse applications. Moreover, empirical studies …

Suicidal Ideation And Death By Suicide As A Result Of The Covid-19 Pandemic In Spanish-Speaking Countries: Systematic Review, Nicolás Valle-Palomino, Mirtha Mercedes Fernández-Mantilla, Danae De Talledo-Sebedón, Olinda Victoria Guzmán-González, Vanessa Haydee Carguachinchay-Huanca, Alfonso Alejandro Sosa-Lizama, Brunella Orlandini-Valle, Óscar Manuel Vela-Miranda

Faculty Scholarship

Suicidal behaviors and constructs are putting at risk the accomplishment of Objective 3 of Agenda 2030 for sustainable development in Spanish-speaking countries. The current study’s principal objective is to explain the presence of suicidal ideation and deaths by suicide as a result of the COVID-19 pandemic in Spanish-speaking countries based on a review of the scientific literature. The PRISMA model was used as the main method while considering the criteria of periodicity, language, typology, and country in order to choose the 28 articles that were analyzed from the following three databases: SCOPUS, Web of Science, and ProQuest Coronavirus Research Database. …

Neurodiversity & Placemaking In Exhibition Design, Piper Hutson, James Hutson

Faculty Scholarship

of the place of art and culture in society, museums claim to have something for everyone. But, in reality, contemporary exhibition design is for a small percentage of the neurotypical population. Many visitors, especially the 10 to 15 percent of the global population who are neurodiverse, find contemporary exhibitions discomforting – from how subjects and themes are displayed, to the lack of inclusive design in environments. To ensure the exhibition-development process results in an experience that is safe, comfortable, and relevant for a neurodiverse audience, specific placemaking considerations need to be deliberately incorporated.

Borges's Most Problematic Translator, Wes Henricksen

Faculty Scholarship

No abstract provided.

Race, Solidarity, And Commerce: Work Law As Privatized Public Law, Shirley Lin

Faculty Scholarship

No abstract provided.

The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin

Faculty Scholarship

In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …

Opinion: How Software Stifles Competition And Innovation, James Bessen

Faculty Scholarship

Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.

(Re)Criminalizing Abortion: Returning To The Political With Stories, George J. Annas

Faculty Scholarship

Abortion stories have always played a powerful role in advancing women’s rights. In the abortion sphere particularly, the personal is political. Following the Court’s reversal of Roe v. Wade, abortion politics, and abortion storytelling, take on an even deeper political role in challenging the bloodless judicial language of Dobbs with the lived experience of women.

Firearm Contagion: A New Look At History, Rachel Martin, Michael R. Ulrich

Faculty Scholarship

Gun violence is widely considered a serious public health problem in the United States, but less understood is what this means, if anything, for evolving Second Amendment doctrine. In New York Pistol & Rifle Association, Inc. v. Bruen, the Supreme Court held that laws infringing Second Amendment rights can only be sustained if the government can point to sufficient historical analogues. Yet, what qualifies as sufficiently similar, a suitable number of jurisdictions, or the most important historical eras all remain unclear. Under Bruen, lower courts across the country have struck down gun laws at an alarming pace, while …

The Immorality Of Originalism, Jack M. Beermann

Faculty Scholarship

The central claim of this essay is that in interpreting the U.S. Constitution, it is immoral to choose original intent over social welfare, broadly conceived. Once this argument is laid out and defended on its own terms, I support the central claim with a variety of arguments, including the defective process pursuant to which the Constitution was enacted, the deeply flawed substantive content of the Constitution, the incongruity of fidelity to the views of a generation of revolutionaries, the current virtual imperviousness of the Constitution to amendment, the failure of the Constitution to resolve fundamental questions concerning the allocation of …

Education, Employment, And Healthcare: Personal And Societal Strategies For Transitioning Servicemembers' Fiscal Sustainability, Kan Samuel

Faculty Scholarship

No abstract provided.

A Crazy Quilt: Infanticide In The United States, Susan Ayres

Faculty Scholarship

This chapter builds on previous research to present a sampling of cases in the US, primarily in the twenty-first century, in order to show the harshness and disparity in criminal charges, defences and sentences. The broad term ‘infanticide’ is used for child-murder cases, and the more specific term ‘neonaticide’ is used for the killing of a child in the first 24 hours after birth. This chapter also describes the more recent use of genetic genealogy to solve cold cases of neonaticide. It concludes by considering how the absence of an infanticide offence and expanded defences results in an incoherent, unjust …

What Do Law Professors Believe About Law And The Legal Academy?, Eric H. Martinez, Kevin Tobia

Faculty Scholarship

Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Flourishing, Virtue, And The Common Good Constitutionalism, Lawrence B. Solum

Faculty Scholarship

In Common Good Constitutionalism, Professor Adrian Vermeule articulates a conception of the common good. Vermeule has much to say about the common good, but very little to say about the substantive component of his conception, which he describes as “happiness or flourishing.” This Article articulates a conception of the common good that is grounded in a virtue-centered conception of human flourishing. Humans are rational and social creatures, and therefore, flourishing for humans consists in rational and social activities that express the human excellence or virtues. The common good requires communities that facilitate human flourishing in three ways: (1) by creating …

One Tort, Four Iracs, And Five Lessons About Rule Support Cases, Alissa Bauer

Faculty Scholarship

No abstract provided.

An Ally Can Connect Tort Theory To International And Comparative Law, Anita Bernstein

Faculty Scholarship

No abstract provided.

Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward Janger

Faculty Scholarship

No abstract provided.

Dobbs V. Jackson Women’S Health: Undermining Public Health, Facilitating Reproductive Coercion, Aziza Ahmed, Dabney P. Evans, Jason Jackson, Benjamin Mason Meier, Cecília Tomori

Faculty Scholarship

Dobbs v. Jackson Women’s Health continues a trajectory of U.S. Supreme Court jurisprudence that undermines the normative foundation of public health — the idea that the state is obligated to provide a robust set of supports for healthcare services and the underlying social determinants of health. Dobbs furthers a longstanding ideology of individual responsibility in public health, neglecting collective responsibility for better health outcomes. Such an ideology on individual responsibility not only enables a shrinking of public health infrastructure for reproductive health, it facilitates the rise of reproductive coercion and a criminal legal response to pregnancy and abortion. This commentary …

Prosecutorial Mutiny, Cynthia Godsoe, Maybell Romero

Faculty Scholarship

No abstract provided.

The Puzzle Of Floating Forum Selection Clauses, Robin J. Effron, John F. Coyle

Faculty Scholarship

No abstract provided.

Beyong Brackeen: Active Efforts Towards Antiracist Child Welfare Policy, Andrea Martin

Faculty Scholarship

Due to structural racism, legal protections afforded to families of children in the foster care system have been significantly eroded and continue to be challenged. The latest attempt to dismantle child welfare protections for a historically marginalized group was a prolonged attack on the Indian Child Welfare Act. Motivated in part by the racist belief that they are unfairly disadvantaged in adopting American Indian children, American Indian adversaries reached the pinnacle of their incessant attack on the law’s constitutionality and its heightened requirements. Fortunately, in Haaland v. Brackeen, the United States Supreme Court upheld the law’s important protections for …