Digital Commons Network^™

An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor

Faculty Scholarship

Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were …

Making The Case For The Accelerated Withdrawal Of Aducanumab, Peter J. Whitehouse

Faculty Scholarship

U.S. Food and Drug Administration-s (FDA) approval of aducanumab (Aduhelm® in the US) as a treatment for mild cognitive impairment of the Alzheimer type and Alzheimer-s disease has raised such major concerns about efficacy, safety, FDA processes, and regulatory capture that Biogen-s license to market this biologic should be immediately withdrawn. Aducanumab has not demonstrated benefit to patients, failed to meet regulatory guidelines, and is likely to cause both individual and societal harm.

Langdell And The Foundation Of Classical Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Obesity Accelerates Acute Promyelocytic Leukemia In Mice And Reduces Sex Differences In Latency And Penetrance, John W. R. Kincaid, Gretchen Weiss, Anne E. Hill-Baskin, Heidi M. Schmidt, Ovwoioise Omoijuanfo, Cheryl L. Thompson, Rose C. Beck, Nathan A. Berger

Faculty Scholarship

Objective: Obesity has emerged as a prominent risk factor for multiple serious disease states, including a variety of cancers, and is increasingly recognized as a primary contributor to preventable cancer risk. However, few studies of leukemia have been conducted in animal models of obesity. This study sought to characterize the impact of obesity, diet, and sex in a murine model of acute promyelocytic leukemia (APL). Methods: Male and female C57BL/6J.mCG+/PR mice, genetically predisposed to sporadic APL development, and C57BL/6J (wild type) mice were placed on either a high-fat diet (HFD) or a low-fat diet (LFD) for up to 500 days. …

Extrusion: A New Method For Rapid Formulation Of High-Yield, Monodisperse Nanobubbles, Claire Counil, Eric Abenojar, Reshani Perera, Agata A. Exner

Faculty Scholarship

Shell-stabilized gas microbubbles (MB) and nanobubbles (NB) are frequently used for biomedical ultrasound imaging and therapeutic applications. While it is widely recognized that monodisperse bubbles can be more effective in these applications, the efficient formulation of uniform bubbles at high concentrations is difficult to achieve. Here, it is demonstrated that a standard mini-extruder setup, commonly used to make vesicles or liposomes, can be used to quickly and efficiently generate monodisperse NBs with high yield. In this highly reproducible technique, the NBs obtained have an average diameter of 0.16 ± 0.05 µm and concentration of 6.2 ± 1.8 × 1010 NBs …

Nondelegation And Originalism, Jack M. Beermann

Faculty Scholarship

Originalism certainly isn’t what it used to be. From a fringe theory with few adherents it has, in recent decades, become the dominant conservative legal weapon deployed against nearly every liberal legal development since the dawn of the twentieth century, particularly the acceptance of the administrative state and the delegation of rulemaking power to agencies. Professor Kurt Eggert’s recent article adds to the mounting evidence that originalism is not a credible legal theory especially when deployed against Congress’s choices concerning the proper structure of the regulatory state.

Urate-Lowering Therapy For Patients With Gout On Hemodialysis, Reem Alkilany, Douglas Einstadter, Maria Antonelli

Faculty Scholarship

Objective: Gout is the most common form of inflammatory arthritis and is caused by deposition of monosodium urate crystals resulting from a high burden of uric acid (UA). High UA burden also has been associated with increased morbidity and mortality in the general population and progression to chronic kidney disease. In persons with gout and end-stage renal disease (ESRD), prior studies suggest that UA levels decrease after initiation of hemodialysis (HD). We evaluated UA level and the use of urate-lowering therapies (ULTs) in patients with gout and ESRD on HD. Methods: We performed a retrospective review of patients with gout …

The Longitudinal Relationship Between Broken Windows And Sexual Behaviors Among African American Girls In Juvenile Detention: The Moderating Effects Of Sexual Sensation Seeking And Parental Monitoring, Dexter R. Voisin

Faculty Scholarship

Objective: Broken windows theory has been applied in public health to understand how neighborhood disadvantage contributes to health risk and disparities. This longitudinal study examined the relationship between a broken windows index (i.e., a proxy for neighborhood disadvantage) and sexual behaviors and whether sexual sensation-seeking behaviors and parental monitoring moderated that relationship. Method: Participants were 188 African American adolescent girls incarcerated in a short-term detention facility in Atlanta, GA. Participants completed audio computer-assisted self-interviews at baseline, 3, and 6 months; interviews assessed neighborhood disadvantage, sexual risk behaviors, sexual sensation seeking, parental monitoring, and demographics. Results: Longitudinal findings indicate that the …

Shifting Burdens At The Fringe, Vijay Raghavan

Faculty Scholarship

No abstract provided.

The Potentials And Challenges Of Zoom Live Theatre During Coronavirus Lockdown: Pandemic Therapy And Corona Chicken (Part Two), Khaled Mostafa Karam

Faculty Scholarship

This study discusses the potentials and challenges of Zoom theatre performances during the lockdown caused by the Covid-19 pandemic. It examines the utilization and applicability of videoconferencing software Zoom, and other streaming software compatible with it, in creating a viable performance option for theatre practitioners and audiences during mandatory social distancing. Such software can be a strategy for social inclusion, alleviating the adverse effects of extended quarantine. The article also discusses the technical and performative aspects of Zoom theatre, pointing out its pros and cons. It uses a critical and analytical approach to performances of two Zoom plays, Pandemic Therapy …

The Time-Varying Cardiovascular Benefits Of Glucagon-Like Peptide-1 Receptor Agonist Therapy In Patients With Type 2 Diabetes Mellitus: Evidence From Large Multinational Trials, Salil V. Deo, Yakov Elgudin

Faculty Scholarship

Aims: To evaluate the time-varying cardio-protective effect of glucagon-like peptide-1 receptor agonists (GLP-1RAs) using pooled data from eight contemporary cardiovascular outcome trials using the difference in the restricted mean survival time (ΔRMST) as the effect estimate. Material and Methods: Data from eight multinational cardiovascular outcome randomized controlled trials of GLP-1RAs for type 2 diabetes mellitus were pooled. Flexible parametric survival models were fit from published Kaplan-Meier plots. The differences between arms in RMST (ΔRMST) were calculated at 12, 24, 36 and 48 months. ΔRMST values were pooled using an inverse variance-weighted random-effects model; heterogeneity was tested with Cochran's Q statistic. …

The Truth About Design Patents, Sarah Burstein, Saurabh Vishnubhakat

Faculty Scholarship

Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area—including old ones that still get cited—were methodologically questionable from the start, have become outdated, or both. In this Article, we make two sets of contributions to this important and underdeveloped literature. First, we review the empirical studies of design patents thus far, including those that pre- and post-date the creation of the U.S. Court of Appeals for the Federal Circuit, and we update the findings of those studies. Second, we consider a set of institutional …

Diversity’S Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran

Faculty Scholarship

As the United States Supreme Court considers the future of affirmative action in higher education, this Article reflects on a 2003 essay by Professor Derrick Bell, which provocatively argued that diversity is a distraction from other pressing problems of access to a bachelor’s degree. The Article evaluates his claims with a focus on Latinx students, a rapidly growing segment of the college-going population. Bell believed that diversity is a less compelling justification for the use of race in admissions than corrective justice is. As a result, he predicted persistent litigation over the constitutionality of affirmative action programs. That prediction certainly …

Omicron Infection Milder In Nursing Home Residents, Robin L.P. Jump

Faculty Scholarship

No abstract provided.

Qualified Immunity, Sovereign Immunity, And Systemic Reform, Katherine Mims Crocker

Faculty Scholarship

Qualified immunity has become a central target of the movement for police reform and racial justice since George Floyd’s murder. And rightly so. Qualified immunity, which shields government officials from damages for constitutional violations even in many egregious cases, should have no place in federal law. But in critical respects, qualified immunity has become too much a focus of the conversation about constitutional-enforcement reform. The recent reappraisal offers unique opportunities to explore deeper problems and seek deeper solutions.

This Article argues that the public and policymakers should reconsider other aspects of the constitutional-tort system—especially sovereign immunity and related protections for …

Immigration Detention And Illusory Alternatives To Habeas, Fatma Marouf

Faculty Scholarship

The Supreme Court has never directly addressed whether, or under what circumstances, a writ of habeas corpus may be used to challenge the conditions of detention, as opposed to the fact or duration of detention. Consequently, a circuit split exists on habeas jurisdiction over conditions claims. The COVID-19 pandemic brought this issue into the spotlight as detained individuals fearing infection, serious illness, and death requested release through habeas petitions around the country. One of the factors that courts considered in deciding whether to exercise habeas jurisdiction was whether alternative remedies exist, through a civil rights or tort-based action. This Article …

Toward Evidence-Based Antiracist Policymaking: Problems And Proposals For Better Racial Data Collection And Reporting, Neda Khoshkhoo, Aviva Geiger Schwarz, Luisa Godinez Puig, Caitlin Glass, Geoffrey S. Holtzman, Elaine O. Nsoesie, Jasmine Gonzales Rose

Faculty Scholarship

The study of data concerning racial and ethnic inequities and disparities allows us to better understand experiences of racism, and to see more clearly how and where racism manifests. Studying the effects of racism, in turn, allows us to more easily identify racist policies, so that we can craft antiracist interventions.

Existing race and ethnicity data collection efforts are riddled with gaps and errors, including missing and incomplete data, insufficiently disaggregated data, lack of meaningful longitudinal data, infrequently updated data, non-standardized methodologies, and other problems. These deficiencies significantly hinder evidence-based antiracist policymaking.

This policy report examines the state of racial …

Consumer Law As An Axis Of Economic Inequality, Daniel Markovits, Barak D. Richman, Rory Van Loo

Faculty Scholarship

In the standard paradigm of consumer law, a voluntary transaction is supposed to be welfare enhancing for each of the parties involved. We challenge this foundational presumption and ask to what extent many common consumer contracts are in fact extractive despite resulting from voluntary exchanges. With inequality growing throughout the world, to a degree that threatens the stability of both the economies and governments of even the wealthiest nations, we ask this fundamental question in an effort to identify root causes of inequality and to mark some guideposts for the articles that follow. Taken together, our speculations suggest that the …

The Public/Private Distinction In Public Health: The Case Of Covid-19, Jason Jackson, Aziza Ahmed

Faculty Scholarship

In this Essay, we argue that the paradigm of the public/private distinction is implicitly operating as a primary frame in the public health response to the pandemic. The public/private distinction is particularly evident in the guidance around masking and other risk-mitigation policies and advice issued by public health agencies. This public health approach reifies the notion of the home as an exceptional private space that exists outside of the possibility of COVID-19 transmission, obscuring the reality of the high risk of transmission in some households. 8 We argue that the manifestation of the public/private distinction in the COVID-19 response is …

Civil Procedure Update 2022 (Handout And Slide Deck), Verónica C. Gonzales, Julio C. Romero

Faculty Scholarship

This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.

Training The Next Generation Of Translational Scientists: The Case Western Reserve University Translational Fellows Program, Cheryl L. Thompson, Tessianna A. Misko, Mark R. Chance

Faculty Scholarship

Background: An important part of biomedical research is the translation of discoveries into clinical or community applications that impact patient health. For a vast majority of clinical applications and sustainable community interventions, a time-tested way to get innovations to patients is through licensing of the technology and commercial development, often through startups. While biomedical scientists and trainees are schooled in discovery research, the processes of commercialization are foreign or intimidating. Further, many trainees will not aspire to a faculty position, and other avenues of advancement are desirable. Methods: At Case Western Reserve University, we developed and launched a Translational Fellows …

Rewriting Whren V. United States, Devon W. Carbado, Jonathan Feingold

Faculty Scholarship

In 1996, the U.S. Supreme Court decided Whren v. United States—a unanimous opinion in which the Court effectively constitutionalized racial profiling. Despite its enduring consequences, Whren remains good law today. This Article rewrites the opinion. We do so, in part, to demonstrate how one might incorporate racial justice concerns into Fourth Amendment jurisprudence, a body of law that has long elided and marginalized the racialized dimensions of policing. A separate aim is to reveal the “false necessity” of the Whren outcome. The fact that Whren was unanimous, and that even progressive Justices signed on, might lead one to conclude that …

Brief For The Navajo Nation, Ute Mountain Ute Tribe, Southern Ute Tribe, The Crow Nation, And Cheyenne River Sioux Tribe As Amici Curiae Supporting Respondent, Paul Spruhan

Faculty Scholarship

The Navajo Nation, the Ute Mountain Ute Tribe, the Southern Ute Tribe, the Crow Nation, and the Cheyenne River Sioux Tribe submit this amicus brief in support of Respondent Castro-Huerta.1 The signatory tribes do so to contest the State of Oklahoma’s argument that states have inherent criminal jurisdiction over crimes committed by non-Indians against Indians in Indian Country. Amici curiae are signatories to “Peace Commission” treaties with the United States that affirm tribal sovereignty over their territory to the exclusion of the states, with the federal government assuming the responsibility to arrest and prosecute non-Indian “bad men” who commit offenses …

The Effect Of Objectively Collected Medication Adherence Information On Bipolar I And Major Depressive Disorder Treatment Decisions: A Randomized Case Vignette Study Of Psychiatric Clinicians, Martha Sajatovic

Faculty Scholarship

Background: Adherence to antipsychotic medications is critical for treatment and relapse prevention in serious mental illness. Accurate assessment of medication adherence can be difficult, clinicians frequently overestimate patient adherence, and new accurate methods assessing medication adherence are needed. This study estimated the influence of antipsychotic medication adherence information on clinician treatment decisions among patients with bipolar I (BD) and major depressive (MDD) disorders. Methods: This study was a cross-sectional, random assignment survey of psychiatric clinicians who prescribe medication for the treatment of BD and/or MDD. Clinicians (N = 180) were recruited using national association lists and were presented with either …

"For You There Are No Strangers": Albert Schweitzer And The Ethics Of Necessity In Pandemic America, Joel (J.T.) Young

Faculty Scholarship

Claiming millions of lives and affecting millions more, the Covid-19 pandemic has thrust humanity into a period of intense reflection on the fragility of life. However, in this time when people have been encouraged to care for their fellow human beings by taking the precautions necessary to protect one another, many have asked the same question as one of Jesus’ antagonistic opponents in the Gospel of Luke: “and who is my neighbor?” In addition to the virus, though, the United States has been plagued by another adversary: non-necessity toward the other. By claiming no responsibility for the well-being and care …

The Color Of Justice, Alexis Hoag

Faculty Scholarship

No abstract provided.

Regulatory Aspects Of Mild Cognitive Impairment: Toward A Harmonized Perspective, Peter J. Whitehouse

Faculty Scholarship

The development of the concept of mild cognitive impairment (MCI) and its practical application have been intimately tied to attempts to produce therapeutic agents. Understanding the regulatory environment and determining the way in which it can be influenced are critical to the development of drugs and their eventual approval. In this article, we review some of the current challenges surrounding the concept of MCI relevant to drug development, summarize activities in various regions of the world, and conclude with some suggested next steps and an alternative framing for approving drugs for MCI and related conditions.

State Attorneys General And The Public Nuisance Doctrine: Lessons To Be Derived From State Ex Rel. Attorney General Of Oklahoma V. Johnson & Johnson, John S. Baker Jr, Joanmarie Davoli

Faculty Scholarship

No abstract provided.

The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi

Faculty Scholarship

In the first quarter of 2021, the sales of art in the form of Non-Fungible Tokens (“NFTs”) reached over $200 billion dollars. The arrival of NFTs in the mainstream art market has profoundly shaped the way artists exploit their works. This sensational boom has attracted some of the world's biggest names across pop culture and sports, including celebrities such as Snoop Dogg, Paris Hilton, Post Malone, Tom Brady and Rob Gronkowski, to create their own NFT art. Director Quentin Tarantino has also capitalized on this craze through the creation of an NFT collection based on the film Pulp Fiction. However, …

The Eschatological Hope Scale: Construct Development And Measurement Of Theistic Eschatological Hope, Charlotte Witvliet, M. Elizabeth Lewis Hall, Julie J. Exline, David C. Wang, Lindsey M. Root Luna, Daryl R. Van Tongeren, David G. Meyers, Alexis D. Abernethy, John D. Witvliet

Faculty Scholarship

This study aimed to expand psychological research on hope by contributing a construct and scale to measure central dimensions of theistic eschatological hope derived from Christian scriptures. Eschatological hope was conceptualized as the anticipation that God will make all things new, raising people to everlasting life with God in joyful celebration, including people from every culture and nation, ending all personal pain and suffering, eliminating all societal evil and harm, and bringing reconciliation and healing to all of creation. We developed the Eschatological Hope Scale with three studies (N = 1,466). Exploratory and confirmatory factor analyses supported the single-factor structure …