Digital Commons Network^™

Special Purpose Acquisition Companies (Spacs) And The Sec, Neal Newman, Lawrence J. Trautman

Faculty Scholarship

Special Purpose Acquisition Companies (SPACs) are simply enterprises that raise money from the public with the intention of purchasing an existing business and becoming publicly traded in the securities markets. If the SPAC is successful in raising money and the acquisition takes place, the target company takes the SPAC’s place on a stock exchange in a transaction that resembles a public offering. Also known as “blank-check” or “reverse merger” companies, this process avoids many of the pitfalls of a traditional initial public offering.

During late 2020 and 2021 an unprecedented surge in the popularity and issuance of Special Purpose Acquisition …

Legal Perspectives On The Streaming Industry: The United States, Irene Calboli

Faculty Scholarship

In the past decade, streaming has become one of the most popular formats of “consuming” entertainment and other content—from music to videos, and concerts, sports, conferences, and other events. In the United States, the majority of consumers subscribe to one or more streaming services today. Popular streaming services include famous platforms such as Spotify, Netflix, Apple Music, or Apple TV, Pandora, YouTube, and more. Beside subscription-based services, several of these platforms offer “freemium,” or ad-paid version of their services, which allow users to access content with advertisements for free. As elaborated in several industry reports and other publications, the rise …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Z. Rozenshtein, Jed Handelsman Shugerman

Faculty Scholarship

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to the remove the magnetometers from the entrances to the rally and …

Overcoming The Peremptory's Greatest Challenge, Brian A. Wilson

Faculty Scholarship

Four decades after the Supreme Judicial Court ("SJC") first proscribed certain group-based peremptory challenges, eradicating unlawful discrimination in jury selection has gained renewed interest. Yet so long as Massachusetts retains the inherently flawed three-step "Batson-Soares" test, lawyers seeking to exclude jurors for impermissible reasons will proceed virtually undeterred.

The solution is not to abolish peremptory challenges, as Arizona did in 2022. When exercised lawfully, they enable litigants to remove jurors they legitimately perceive as biased where a challenge for cause, due to its narrow scope, legally cannot. Eliminating peremptories would provide the parties little opportunity to influence who decides the …

A Proposed Sec Cyber Data Disclosure Advisory Commission, Lawrence J. Trautman, Neal Newman

Faculty Scholarship

Constant cyber threats result in: intellectual property loss; data disruption; ransomware attacks; theft of valuable company intellectual property and sensitive customer information. During March 2022, The Securities and Exchange Commission (SEC) issued a proposed rule addressing Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure, which requires: 1. Current reporting about material cybersecurity incidents; 2. Periodic disclosures about a registrant’s policies and procedures to identify and manage cybersecurity risks; 3. Management’s role in implementing cybersecurity policies and procedures; 4. Board of directors’ cybersecurity expertise, if any, and its oversight of cybersecurity risk; 5. Registrants to provide updates about previously reported cybersecurity …

Content Moderation As Surveillance, Hannah Bloch-Wehba

Faculty Scholarship

Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …

The Administrative Agon: A Democratic Theory For A Conflictual Regulatory State, Daniel E. Walters

Faculty Scholarship

A perennial challenge for the administrative state is to answer the “democracy question”: how can the bureaucracy be squared with the idea of self-government of, by, and for a sovereign people with few direct means of holding agencies accountable? Scholars have long argued that this challenge can be met by bringing sophisticated thinking about democracy to bear on the operation of the administrative state. These scholars have invoked various theories of democracy—in particular, pluralist, civic republican, deliberative, and minimalist theories—to explain how allowing agencies to make policy decisions is consistent with core ideas about what democracy is.

There is a …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2021 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions.

The Trouble With Court-Packing, Neil S. Siegel

Faculty Scholarship

Wide-ranging public discussion of U.S. Supreme Court reform implicates fundamental questions of constitutional policy, norms, and law. This Article focuses on the reform proposal that poses the greatest threat to judicial legitimacy and independence: Court-packing. This Article contends that there has likely been a constitutional convention against Court-packing for a long time now, although it is uncertain whether the convention continues to exist given Senate conduct since 2016. This Article also maintains that Court-packing is not as free from constitutional difficulty as the conventional wisdom holds, even if the arguments for its constitutionality are stronger on balance. Most importantly, this …

Chronic Red Cell Exchange In Sickle Cell Patients With Iron Overload May Not Affect Mortality, Yi Yuan Zhou, Hollie M. Reeves, Robert W. Maitta

Faculty Scholarship

Sickle cell disease (SCD) is an inherited blood disorder that affects ~100,000 Americans (1, 2). In SCD, red blood cells (RBC) containing aberrant sickle hemoglobin (HgbS) become sickle-shaped at low oxygen tension and stick together leading to obstructed blood flow. The resulting decrease in tissue oxygenation causes chronic complications such as vasculo-occlusive pain crises among others that require frequent hospitalizations (3). Chronic RBC transfusions play a prominent role in the treatment of this disease by improving oxygenation through addition of normal RBC and dilution of RBC containing HgbS (4, 5). However, the major disadvantage of management with simple transfusion is …

Incorporating Baryon-Driven Contraction Of Dark Matter Halos In Rotation Curve Fits, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

The condensation of baryons within a dark matter (DM) halo during galaxy formation should result in some contraction of the halo as the combined system settles into equilibrium. We quantify this effect on the cuspy primordial halos predicted by DM-only simulations for the baryon distributions observed in the galaxies of the SPARC database. We find that the DM halos of high surface brightness galaxies (with Σeff 3; 100L pc-2 at 3.6 μm) experience strong contraction. Halos become more cuspy as a result of compression: the inner DM density slope increases with the baryonic surface mass density. We iteratively fit rotation …

Pre Covid-19 Pandemic Use Of Telemedicine For Adherence Promotion In Patients With Psychotic Disorders: A Literature Review, Alyssa M. Edwards, Jordan C. Petitt, Sanjana Kumar, Jennifer B. Levin, Martha Sajatovic

Faculty Scholarship

Introduction: Given the increasing use of telepsychiatry and to serve as a reference point informing future research, our team evaluated the literature on the use of telepsychiatry for medication adherence promotion prior to the COVID-19 pandemic among patients with psychotic disorders. Methods: A search of PubMed, Cochrane, Web of Science, CINAHL, and PsycINFO was conducted using PRISMA guidelines to identify telepsychiatry interventions to enhance medication adherence in patients with primary psychotic disorders. Both quantitative and qualitative data were extracted from the identified articles including study characteristics, interventions, and outcomes. Results: In total, 230 articles were obtained through electronic literature search, …

A Blind Benchmark Of Analysis Tools To Infer Kinetic Rate Constants From Single-Molecule Fret Trajectories, Dorothy A. Erie, Lydia Kisley, Dushani Dunukara

Faculty Scholarship

Single-molecule FRET (smFRET) is a versatile technique to study the dynamics and function of biomolecules since it makes nanoscale movements detectable as fluorescence signals. The powerful ability to infer quantitative kinetic information from smFRET data is, however, complicated by experimental limitations. Diverse analysis tools have been developed to overcome these hurdles but a systematic comparison is lacking. Here, we report the results of a blind benchmark study assessing eleven analysis tools used to infer kinetic rate constants from smFRET trajectories. We test them against simulated and experimental data containing the most prominent difficulties encountered in analyzing smFRET experiments: different noise …

Effects Of Financial Statement And Macroeconomic Factors On Risk Measures Of Banks In India: Panel And Decision Tree Analysis Approach, Guarango Banerjee, Abhimanyu Gupta, Abhiman Das

Faculty Scholarship

This paper aims to analyze the effects of financial statement indicators and off-balance sheet items affecting risk measures among Indian banks employing both panel data regression and a non-parametric decision tree approach. We explore the effects of bank size, leverage, exposure to contingent liabilities including off-balance sheet derivatives usage and macroeconomic factors on risk measures for banks. In this paper, it is also aimed to examine the effects of the major financial liberalization policy period in the domestic market in India that started in the mid-1990s and ended around 2004 as well as impacts of the 2008 global financial crisis …

Inconceivable Families, Malinda L. Seymore

Faculty Scholarship

Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can be adopted, that child must first be cut off from their family of birth, rendering the equation of adoption one of subtraction, not addition. This Article examines the biological model of adoption that insists on mimicking the nuclear family—erasing one set of parents and replacing them …

Screening Families In Primary Care For Social And Economic Needs: Patients’ Urgency And Activation For Social Care Navigation, Sarah D. Ronis, Marie Masotya, Kurt C. Stange

Faculty Scholarship

Introduction: Social determinants of health (SDoH) screening and intervention in primary care aim to alleviate adverse influences on health, but its efficacy may be diluted when offered supports are not well matched to families’ desire for such services. The purpose of this prospective cohort study was to provide guidance to social care navigation teams regarding which families would be most likely to make use of services. Methods: Analysis of registry data collected in April 1–September 30, 2021 from a social care navigation program embedded in a medical home was conducted. Multivariable regression models explored (1) whether family-reported urgency of needs, …

Bridge Building In Higher Education: Multi-Modal Mentoring Programs To Support Retention & Career Preparedness, James Hutson, Roger Nasser, Michael Marzano, Ryan Curtis, Elizabeth Macdonald, Sue Edele, Barbara Hosti-Marti

Faculty Scholarship

Despite the limitations on time for career preparedness and shrinking professional development budgets, mentoring remains as important as ever due to the interconnectedness in a global society and the changing demographics of postsecondary education students. The traditional-age population in college that lives on campus and does not work has been declining for over three decades. The majorities of current students that are now non-traditional, and work at least part-time are first-generation, and are pursuing degrees via distance or online learning. The importance of providing a diverse mentoring strategy for this new population is borne out in research in order to …

Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova

Faculty Scholarship

In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.

At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …

Big Three Power, And Why It Matters, Lucian Bebchuk, Scott Hirst

Faculty Scholarship

This Article focuses on the power and corporate governance significance of the three largest index fund managers commonly referred to collectively as the “Big Three.” We present current evidence on the substantial voting power of the Big Three and explain why it is likely to persist and, indeed, further grow. We show that, due to their voting power, the Big Three have considerable influence on corporate outcomes through both what they do and what they fail to do. We also discuss the Big Three’s undesirable incentives both to underinvest in stewardship and to be excessively deferential to corporate managers.

In …

Occlusionchip: A Functional Microcapillary Occlusion Assay Complementary To Ektacytometry For Detection Of Small-Fraction Red Blood Cells With Abnormal Deformability, Yuncheng Man, Ran An, Karamoja Monchamp, Zoe Sekyonda, Erdem Kucukal, Chiara Federici, William J. Wulftange, Utku Goreke, Allison Bode, Umut A. Gurkan

Faculty Scholarship

Red blood cell (RBC) deformability is a valuable hemorheological biomarker that can be used to assess the clinical status and response to therapy of individuals with sickle cell disease (SCD). RBC deformability has been measured by ektacytometry for decades, which uses shear or osmolar stress. However, ektacytometry is a population based measurement that does not detect small-fractions of abnormal RBCs. A single cell-based, functional RBC deformability assay would complement ektacytometry and provide additional information. Here, we tested the relative merits of the OcclusionChip, which measures RBC deformability by microcapillary occlusion, and ektacytometry. We tested samples containing glutaraldehyde-stiffened RBCs for up …

Combinations Of Chronic Conditions, Functional Limitations And Geriatric Syndromes Associated With Periodontal Disease, Hussam M. Alqahtani, Siran M. Koroukian, Kurt C. Stange, Nabil F. Bissada, Nicholas K. Schiltz

Faculty Scholarship

Objective To identify complex multimorbid conditions, including chronic conditions, functional limitations and geriatric syndromes, associated with the presence and severity of periodontal disease (PD), after accounting for a series of demographic and behavioural characteristics. Design This cross-sectional study used secondary data from a nationally representative sample, classification and regression tree analysis and random forest identified combinations of specific conditions constituting complex multimorbidity associated with the presence and severity of PD. Setting US National Health and Nutritional Examination Survey (2013-2014). Participants Individuals 60 years of age or older who completed a periodontal examination. Results Among 937 participants aged 60 and over, …

Update On The Management Of Vitamins And Minerals In Cystic Fibrosis, Senthilkumar Sankararaman

Faculty Scholarship

Advancements in respiratory and nutrition management have significantly improved the survival of patients with cystic fibrosis (CF). With the availability of several nutrition interventions such as oral/enteral nutrition supplements, enteric-coated pancreatic enzymes, and water-miscible CF-specific vitamin supplements, frank vitamin deficiencies—with the exception of vitamin D—are rarely encountered in current clinical practice. Whereas they were previously considered as micronutrients, our current understanding of fat-soluble vitamins and minerals as antioxidants, immunomodulators, and disease biomarkers has been evolving. The impact of highly effective modulators on the micronutrient status of patients with CF remains elusive. This narrative review focuses on the updates on the …

Gendering Cabinet Reshuffles In France And Spain, Karen Beckwith

Faculty Scholarship

Presidents and prime ministers who form gender-parity cabinets receive positive news coverage and public praise. Cabinet reshuffles, with less attention, may offer scope to decrease the numbers of female ministers. Although research on the gendered impact of reshuffles is sparse, some studies suggest that women’s presence declines during reshuffles. This article explores the gendered dynamics of reshuffles that follow initial gender-parity cabinets, asking whether the reshuffle context affects the proportions of men and women in reorganized cabinet teams. Employing a comparative case study approach, the article analyses initial gender-parity cabinets and subsequent reshuffled cabinets in France and Spain across three …

Accountability: Construct Definition And Measurement Of A Virtue Vital To Flourishing, Charlotte Witvliet, Sung Joon Jang, Byron R. Johnson, C. Stephen Evans, Jack W. Berry, Joseph Leman, Robert C. Roberts, John Peteet, Andrew B. Torrance, Ashley N. Hayden

Faculty Scholarship

Embracing accountability to others for one’s responsibilities within relationships is important for flourishing, yet underexamined. An interdisciplinary team defined the construct of accountability and developed an 11-item single-factor Accountability Scale. In national samples with US census demographic representation (total N = 1257), we conducted psychometric analyses using methods from classical test theory (exploratory and confirmatory factor analyses) and item response theory. The Accountability Scale demonstrated internal consistency, construct validity, test-retest reliability, and incremental validity. Accountability correlated positively with relational variables (agreeableness, empathy) responsibility-oriented variables (conscientiousness, self-regulation), virtues (gratitude, forgiveness, limitations-owning humility), relational repair, perceived meaning presence, and flourishing, inversely with …

Augmented Creativity: Leveraging Natural Language Processing For Creative Writing, Daniel Plate, James Hutson

Faculty Scholarship

Recent advances have moved natural language processing (NLP) capabilities with artificial intelligence beyond mere grammar and spell-checking functionality. One such new use that has arisen is the ability to suggest new content to writers to inspire new ideas by using “machine-in-the-loop” strategies in creative writing. In order to explore the possibilities of such a strategy, this study provides a model to be adopted in creative writing courses in higher education. An NLP application was created using Python and spaCy and deployed via Streamlit. The AI allowed students to see if their grammar aligned with those principles and techniques taught in …

Launching Into Life After College, Leonard J. Shedletsky, Jeanette Andonian Dr., David Bantz Dr., Dennis Gibson Mfa

Faculty Scholarship

ABSTRACT This chapter reports on a course that is designed to facilitate the students’ transition out of college and into life after graduation. It describes how the course foregrounds the problems students face, both the technical aspects of the transition and the emotional experience, unthought out ideas about what the students want, their goals, and how they might go about achieving their goals. The authors report on the course culture, assignments, observations from teaching the course, student feedback from focus groups, surveys, behavior, as well as summaries of data on the student’s experience. The need for this course is supported …

Resolving Ultrafast Photoinitiated Dynamics Of The Hachimoji 5-Aza-7-Deazaguanine Nucleobase: Impact Of Synthetically Expanding The Genetic Alphabet, Sarah E. Krul, Sean J. Hoehn, Carlos E. Crespo-Hernández

Faculty Scholarship

The guanine derivative, 5-aza-7-deazaguanine (^5N7CG) has recently been proposed as one of four unnatural bases, termed Hachimoji (8-letter) to expand the genetic code. We apply steady-state and time-resolved spectroscopy to investigate its electronic relaxation mechanism and probe the effect of atom substitution on the relaxation mechanism in polar protic and polar aprotic solvents. Mapping of the excited state potential energy surfaces is performed, from which the critical points are optimized by using the state-of-art extended multi-state complete active space second-order perturbation theory. It is demonstrated that excitation to the lowest energy ¹ππ* state of ^5N7CG results …

A Randomized Controlled Trial Of Customized Adherence Enhancement (Cae-E): Study Protocol For A Hybrid Effectiveness-Implementation Project, Jennifer B. Levin, Farren Briggs, Carol Blixen, Douglas Einstadter, Jeffrey M. Albert, Celeste Weise, Edna Fuentes-Casiano, Kristin A. Cassidy, Martha Sajatovic

Faculty Scholarship

Background: Mood-stabilizing medications are a cornerstone of treatment for people with bipolar disorder, though approximately half of these individuals are poorly adherent with their medication, leading to negative and even severe health consequences. While a variety of approaches can lead to some improvement in medication adherence, there is no single approach that has superior adherence enhancement and limited data on how these approaches can be implemented in clinical settings. Existing data have shown an increasing need for virtual delivery of care and interactive telemedicine interventions may be effective in improving adherence to long-term medication. Methods: Customized adherence enhancement (CAE) is …

Group B Streptococcus In The Urine In Nonpregnant Adults: Disease Or Distraction?, Nicole Mongilardi, Brigid M. Wilson, Sunah Song, Robin L.P. Jump, Federico Perez

Faculty Scholarship

In this large, retrospective cohort study, we used administrative data to evaluate nonpregnant adults with group B Streptococcus (GBS) bacteriuria. We found greater all-cause mortality in those with urinary tract infections compared to asymptomatic bacteriuria. Differences in patients' baseline characteristics and the 1-year mortality rate raise the possibility that provider practices contribute to differences observed.

Galactic Mass-To-Light Ratios With Superfluid Dark Matter, Tobias Mistele, Stacy S. Mcgaugh

Faculty Scholarship

Context. We make rotation curve fits to test the superfluid dark matter model. Aims. In addition to verifying that the resulting fits match the rotation curve data reasonably well, we aim to evaluate how satisfactory they are with respect to two criteria, namely, how reasonable the resulting stellar mass-to-light ratios are and whether the fits end up in the regime of superfluid dark matter where the model resembles modified Newtonian dynamics (MOND). Methods. We fitted the superfluid dark matter model to the rotation curves of 169 galaxies in the SPARC sample. Results. We found that the mass-to-light ratios obtained with …