Digital Commons Network^™

Gamesmanship In Modern Discovery Tech, Neel Guha, Peter Henderson, Diego A. Zambrano

Faculty Scholarship

This chapter explores the potential for gamesmanship in technology-assisted discovery. Attorneys have long embraced gamesmanship strategies in analog discovery, producing reams of irrelevant documents, delaying depositions, or interpreting requests in a hyper-technical manner. The new question, however, is whether machine learning technologies can transform gaming strategies. By now it is well known that technologies have reinvented the practice of civil litigation and, specifically, the extensive search for relevant documents in complex cases. Many sophisticated litigants use machine learning algorithms – under the umbrella of “Technology Assisted Review” (TAR) – to simplify the identification and production of relevant documents in discovery. …

Racial Differences In Time To Blood Pressure Control Of Aneurysmal Subarachnoid Hemorrhage Patients: A Single-Institution Study, Xiaofei Zhou, Adam Hwan Bates, Uma V. Mahajan, Ansh Desai, Jeffrey Butke, Yifei Duan, Christopher Burant, Kaylee Sarna, Martha Sajatovic, Dhimant Dani, S. Alan Hoffer

Faculty Scholarship

Background and purpose Aneurysmal subarachnoid hemorrhage occurs in approximately 30,000 patients annually in the United States. Uncontrolled blood pressure is a major risk factor for aneurysmal subarachnoid hemorrhage. Clinical guidelines recommend maintaining blood pressure control until definitive aneurysm securement occurs. It is unknown whether racial differences exist regarding blood pressure control and outcomes (HLOS, discharge disposition) in aneurysmal subarachnoid hemorrhage. Here, we aim to assess whether racial differences exist in 1) presentation, 2) clinical course, and 3) outcomes, including time to blood pressure stabilization, for aSAH patients at a large tertiary care medical center. Methods We conducted a retrospective review …

The Disembodied First Amendment, Nathan Cortez, William M. Sage

Faculty Scholarship

First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything from product labeling to marketing to ordinary business licensing. Courts extend protections to commercial speech that ordinarily extended only to core political and religious speech. And now, we are told, automated information generated for cryptocurrencies, robocalling, and social media bots are also protected speech under the Constitution. Where does it end? It begins, no doubt, with corporate and commercial speech. We show, however, that heightened protection for corporate and commercial speech is built on several “artifices” - …

Establishing A Conditional Driver Permit In Texas, Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares

Faculty Scholarship

The article presents supporting data to expand access to state-issued driver permits for Texans who cannot provide the required documents to obtain a driver’s license. Part I examines the unlicensed and uninsured population in Texas that these efforts attempt to address. Part II discusses state jurisdiction to issue driver licenses and permits. It discusses existing Texas statutes that authorize the issuance of driver’s licenses and permits. The section also offers examples of other state statutes that have expanded their right to regulate driving privileges beyond Real ID Act requirements. Part III presents a partial economic analysis illustrating potential economic benefits …

Originalism: Erasing Women From The Body Politic, Malinda L. Seymore

Faculty Scholarship

In Dobbs v. Jackson Women's Health, the Court relied on originalism to excise women from the Constitution. Originalism is purposefully backward-looking. With cherry-picked history, the Court created a future that looks to the past: a past where unwed pregnancy is shameful and can be redeemed only by secret adoption. Yet the case has revealed originalism as a flawed method, harmed the legitimacy of the Court, and energized those supporting abortion rights.

Major Questions And An Emergency Question Doctrine: The Biden Student Debt Case Study Of Pretextual Abuse Of Emergency Powers, Jed Handelsman Shugerman

Faculty Scholarship

The major question doctrine tries to address one problem, the Imperial Executive, by escalating another, the Imperial Judiciary. This article proposes a solution, with the Biden Student Debt Waiver as a case study: An “emergency question” doctrine.

This emergency questions doctrine would apply when the executive relies on a statutory emergency clause or invokes an emergency in its application of a statutory provision. As a matter of statutory interpretation, the emergency question doctrine would follow the two most important steps of the major question approach: 1) relying on purpose and context to clarify and limit the scope of open-ended emergency …

Deferring Intellectual Property Rights In Pandemic Times, Peter K. Yu

Faculty Scholarship

This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than 30 provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and weaknesses. The Article then identifies the challenges surrounding the negotiation and implementation of the proposed waiver. It shows why these two sets of challenges were neither separate nor sequential, but deeply entangled at the time of the international negotiations.

To respond to these challenges and the negotiation …

Justices Citing Justices, Jay D. Wexler

Faculty Scholarship

Scholars have long paid attention to how often and for what reasons Supreme Court justices cite law review articles and academic books in their opinions. More recently, a new area of scholarship has begun to look at how Justices create their own lines of “personal precedent” through not only their prior opinions but also their academic writings. At the intersection of these two areas of inquiry lies questions of how often and for what reasons Supreme Court justices cite the journal articles and books of the various justices sitting on the Court, including their own. With the exception of one …

“Do Not Ever Refer To My Lord Jesus Christ With Pronouns”: Considering Controversies Over Religiously Motivated Discrimination On The Basis Of Gender Identity, Linda C. Mcclain

Faculty Scholarship

In the by-now familiar framing “religious freedom versus LGBT+ rights,” perhaps the most visible conflicts today in the United States, and elsewhere, concern the “T”—transgender or gender identity rights. This issue of the Journal of Law and Religion includes a conversation in print between Patrick Parkinson, Laura Portuondo and Claudia Haupt, and Shannon Gilreath on this timely topic, and their contrasting perspectives mirror dimensions of the larger public controversies. Although tweets like those quoted above (by unsuccessful Republican congressional candidate Lavern Spicer) asserting that neither the Bible nor Jesus had pronouns sparked both factual corrections and comical retorts, ³ the …

Bacteriuria In Older Adults Triggers Confusion In Healthcare Providers: A Mindful Pause To Treat The Worry, Robin L.P. Jump

Faculty Scholarship

The evidence base for refraining from screening for or treating asymptomatic bacteriuria (ASB) in older adults is strong, but both practices remain prevalent. Clinical confusion over how to respond to a change from baseline, when to order a urinalysis and urine culture, and what to do with a positive urine culture fuels unnecessary antibiotic use for ASB. If the provider can take a mindful pause to apply evidenced-based assessment tools, the resulting increased clarity in how to manage the situation can reduce overtreatment of ASB.

Sickle Red Blood Cell-Derived Extracellular Vesicles Activate Endothelial Cells And Enhance Sickle Red Cell Adhesion Mediated By Von Willebrand Factor, Ran An, Yuncheng Man, Kevin Cheng, Tianyi Zhang, Fang Wang, Erdem Kucukal, William J. Wulftange, Utku Goreke, Allison Bode, Lalitha V. Nayak, Jane A. Little, Umut A. Gurkan

Faculty Scholarship

Endothelial activation and sickle red blood cell (RBC) adhesion are central to the pathogenesis of sickle cell disease (SCD). Quantitatively, RBC-derived extracellular vesicles (REVs) are more abundant from SS RBCs compared with healthy RBCs (AA RBCs). Sickle RBC-derived REVs (SS REVs) are known to promote endothelial cell (EC) activation through cell signalling and transcriptional regulation at longer terms. However, the SS REV-mediated short-term non-transcriptional response of EC is unclear. Here, we examined the impact of SS REVs on acute microvascular EC activation and RBC adhesion at 2 h. Compared with AA REVs, SS REVs promoted human pulmonary microvascular ECs (HPMEC) …

Global Pull Incentives For Better Antibacterials: The Uk Leads The Way, Kevin Outterson, John Rex

Faculty Scholarship

The article from Leonard and the team from the National Institute for Health and Care Excellence, NHS England, and NHS Improvement [1] asks the question whether the UK subscription program can restore the antibacterial pipeline, with an insiders’ description of the process and strategy that led to implementation (briefly, a ‘pull incentive’ of reimbursement for new antibacterials that is delinked from volume of sales with payments based on the added value to the whole health and social care system).

Governments [2,3,4,5,6,7,8,9], academics …

Jd-Next: A Valid And Reliable Tool To Predict Diverse Students’ Success In Law School, Jessica Findley, Adriana Cimetta, Heidi Burross, Katherine Cheng, Matt Charles, Cayley Balser, Ran Li, Christopher Robertson

Faculty Scholarship

Admissions tests have increasingly come under attack by those seeking to broaden access and reduce disparities in higher education. Meanwhile, in other sectors there is a movement towards “work-sample” or “proximal” testing. Especially for underrepresented students, the goal is to measure not just the accumulated knowledge and skills that they would bring to a new academic program, but also their ability to grow and learn through the program. The JD-Next is a fully online, noncredit, 7- to 10-week course to train potential JD students in case reading and analysis skills, prior to their first year of law school. This study …

Reimagining A U.S. Corporate Tax Increase As A Supplemental Subtraction Vat, Daniel S. Goldberg

Faculty Scholarship

The U.S. federal government raises tax revenue almost exclusively through income taxes, both corporate and individual, whereas its trading partners and competitors rely for their national revenue on both income taxes and “destination-based” value added taxes (VATs), which are not imposed on exports but are imposed on imports. As a result, U.S. corporations, which are subject to U.S. corporate income tax, may be at a serious trade disadvantage to competitor non-U.S. corporations with respect to both U.S. domestic sales and foreign sales, if the U.S. corporate income tax exceeds the foreign country’s income tax imposed on those competitors.

The Biden …

Black Lives Monitored, Chaz Arnett

Faculty Scholarship

The police killing of George Floyd added fuel to the simmering flames of racial injustice in America following a string of similarly violent executions during a global pandemic that disproportionately ravaged the health and economic security of Black families and communities. The confluence of these painful realities exposed deep vulnerabilities and renewed a reckoning with the long unfulfilled promise of racial equality, inspiring large-scale protests around the country and across the globe. As with prior movements for racial justice, from slavery abolition to the civil rights movement’s demand to end Jim Crow, protests have been met with extreme force, either …

A Lack Of Uniformity, Compounded, In Immigration Law, Jill E. Family

Faculty Scholarship

No abstract provided.

Judicial Remedies For Climate Disruption, John C. Dernbach, Patrick A. Parenteau

Faculty Scholarship

No abstract provided.

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma Russell, Matthew Bogoshian

Faculty Scholarship

No abstract provided.

From Clair To Annalise: How To Get Away With Being A Black Woman Lawyer On Television, Kellyn O Mcgee

Faculty Scholarship

No abstract provided.

Disenfranchisement, Voter Disqualifications, And Felony Convictions: Searching For State Law Uniformity, Christian A. Johnson

Faculty Scholarship

No abstract provided.

Good Intentions: Administrative Fiat And The General Welfare Exclusion, Christian A. Johnson, Samuel D. Brunson

Faculty Scholarship

No abstract provided.

Contract Logic, Naveen Thomas

Faculty Scholarship

No abstract provided.

Square-Peg Frauds, Miriam Baer

Faculty Scholarship

No abstract provided.

Lost (It All) In Space: The Legality Of Extra-Terrestrial Gambling, Robert M. Jarvis

Faculty Scholarship

Is gambling in outer space legal under United States law? With commercial space flights now almost routine, and gambling growing by leaps and bounds, this question is becoming more pressing by the day. As it happens, three existing federal criminal laws— dating, respectively, from 1790, 1825, and 1951—make it clear that betting in outer space currently is illegal in nearly all instances.

Targeting School Shootings: Using Three Warning Signs—Animal Abuse, Domestic Violence, And Conduct Disorder—To Help Prevent Massacres, Phyllis Coleman

Faculty Scholarship

No abstract provided.

Bob Lutz - Expert, Mentor, And Friend, Diane Penneys Edelman

Faculty Scholarship

No abstract provided.

Reframing The Dei Case, Veronica Root Martinez

Faculty Scholarship

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

The Laws That Regulate Police: The Wilson Center’S Policing Legislation Database, Brandon L. Garrett

Faculty Scholarship

To better understand lawmaking in response to calls for reform, the Wilson Center for Science and Justice began tracking the introduction of policing-related legislation. This report covers our database tracking policing legislation and our initial findings.

The Stolen Election Lie And The Freedom Of Speech, Wes Henricksen

Faculty Scholarship

No abstract provided.

Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty

Faculty Scholarship

No abstract provided.