Digital Commons Network^™

Reconstructing Citizenship, Jenny E. Carroll, James Jeter

Faculty Scholarship

In our republican democracy, voting is a central right of citizenship. Yet millions of voters are routinely disenfranchised as a result of convictions or because their carceral status creates barriers to voting. In the past decade, academic scholarship has focused on the impact of disenfranchisement based on conviction. This work has mapped the legal and social implications of policies that deny voting rights to over five million otherwise eligible voters nationwide. Yet this work has some gaps. First, by focusing solely on conviction-based disenfranchisement, the existing scholarship has largely ignored fatal barriers to voting created (and at times perpetuated) by …

Affirmative Action’S Asian American Problem, Huyen Pham, Joseph Thai

Faculty Scholarship

Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle affirmative action; liberals either denied this discrimination existed or tolerated it as an acceptable cost of helping other minority applicants. But largely unacknowledged is the precipitating history of the Supreme Court’s marginalization of Asian American applicants and its decades of tacit approval of their exclusion from affirmative action programs. This unwritten …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …

Balancing Freedom Of Expression And Equality On College Campuses In The Wake Of Intensified Antisemitism, Andrea Martin

Faculty Scholarship

The long-standing debate about free speech on college campuses was reignited by the latest attack on Israel by Hamas on October 7, 2023. Since then, anti-Israel advocacy at universities has drastically escalated. During demonstrations, protests, and rallies, students shout vile antisemitic slogans, call for the death of Jews and the destruction of Israel, promote violence against Jews, and harass and threaten fellow students because they are Jewish. Some university administrators have been publicly accused of floundering in their responses to intensifying antisemitic campus environments and failing to protect Jewish students from harassment. In defense of their inaction, a frequent retort …

The Second Amendment’S Second Sex, Michael Ulrich

Faculty Scholarship

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.

With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.

Faculty Scholarship

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …

Constitutional And Administrative Innovation Through State Labor Law, Kate Andrias

Faculty Scholarship

This Essay explores recent efforts by worker organizations to transform labor policy in states, as well as countermobilizations by business and conservative groups. It focuses on two particularly promising efforts: the development of worker standards boards and pro-labor changes to state constitutional law. It shows why, as a matter of political economy, such reforms have been achievable at the state and local levels, but not the federal level, and explores the potential of state reforms to build greater economic and political power for working people, notwithstanding limits imposed by federal preemption doctrine. Ultimately, this Essay argues that these recent innovations …

The Demise Of Deference — And The Rise Of Delegation To Interpret?, Thomas W. Merrill

Faculty Scholarship

In the concluding days of its recently completed Term, in the midst of headline-grabbing decisions about presidential immunity, gun rights, and abortion, the Supreme Court rendered a momentous decision overruling the Chevron doctrine. The decision in Loper Bright Enterprises v. Raimondo was not a surprise. After treating the Chevron doctrine as a settled principle of administrative law for more than three decades, the Court stopped applying it in 2016. Several Justices authored individual opinions urging that it was unconstitutional, violated the Administrative Procedure Act (APA), was prone to manipulation by judges, created systematic bias in favor of the government, and …

Fatherhood, Family Law, And The Crisis Of Boys And Men, June Carbone, Clare Huntington

Faculty Scholarship

Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis — which is concentrated among men without college degrees — is rooted in large-scale structural changes to the economy that have decimated jobs for this group and policy choices that emphasize incarceration while doing little to address economic inequality.

The decline in male well-being is not just a problem …

Environmental Law In Trump’S Second Term, Michael B. Gerrard

Faculty Scholarship

Donald Trump’s victory in the Nov. 5, 2024 election and Republican control of both the Senate and the House (if that happens) will mean a reversal of much of the environmental progress under the Biden administration, just as the 2016 election reversed large parts of the Obama environmental legacy. However, rapid advances in the technology and economics of clean energy have created a momentum that can be slowed but not stopped. States can adopt their own stronger standards despite what happens in Washington, with a few exceptions, and can use their procurement power and their pension funds’ investment clout to …

Addressing Energy Insecurity Upstream: Electric Utility Ratemaking And Rate Design As Levers For Change, Emma Shumway, Diana HernáNdez, QëNdresa Krasniqi, Vivek Shastry, Abigail Austin, Michael B. Gerrard

Faculty Scholarship

Millions of Americans are impacted by energy insecurity each year, in part due to unaffordable and inequitable electricity rates. The electric ratemaking process presents opportunities to confront issues of affordability and equity or to instead entrench traditional approaches. State legislatures, public utility commissions (PUCs), and advocates all play vital roles in making the former a reality. Historically, ratemaking has been criticized as an insular and highly technical process that caters to utilities rather than customers. But states like California and New York are making strides by broadening PUC legal authority to include explicit consideration of equity issues, adjusting incentives and …

Seeing The Whole Together Through Relational Mapping: A Method For Engaging In Complex Systems Change, John Paul Stephens

Faculty Scholarship

Complex global challenges cut across organizational and sectoral boundaries, increasing calls for holistic responses. Seeing the whole across diverse stakeholders is challenging for participants in complex systems, yet doing so is essential for engaging effectively in systems change. A promising new method known as relational mapping, based on relational coordination theory, has been used to facilitate complex systems change. Here, we propose that relational mapping can be applied to help participants (1) see the whole in relation to the parts, (2) share their explicit and tacit knowledge, (3) engage in dialogue across distinct perspectives supported by the map as a …

Early Use Of Long-Acting Injectable Antipsychotics In Bipolar Disorder Type I: An Expert Consensus, Martha Sajatovic

Faculty Scholarship

Introduction: Long-acting injectable antipsychotics (LAIs) are not routinely offered to patients living with bipolar disorder type I (BP-I), despite widespread evidence that supports their benefits over oral antipsychotics, particularly in early disease. Methods: A round-table meeting of psychiatrists convened to discuss barriers and opportunities and provide consensus recommendations around the early use of LAIs for BP-I. Results: LAIs are rarely prescribed to treat BP-I unless a patient has severe symptoms, sub-optimal adherence to oral antipsychotics, or has experienced multiple relapses. Beyond country-specific accessibility issues (e.g., healthcare infrastructure and availability/approval status), primary barriers to the effective use of LAIs were identified …

Psychological And Social Well-Being Of Bony Fishes In Zoos And Aquariums (Ii), Ronald G. Oldfield

Faculty Scholarship

Research on the behaviour of animals in zoos has been conducted for decades, and observations have provided information that has improved the psychological and social well-being of animals. However, research on fishes in zoos and aquariums seems to be lacking. Here, we assess the current state of research on fishes in zoos and aquariums by surveying the peer-reviewed literature. Our assessment differs from previous surveys in that we examine the taxonomic classes Chondrichthyes (sharks and rays) and Osteichthyes (bony fishes) separately. Our survey finds that bony fishes have been drastically underrepresented in zoo journals, more drastically than chondrichthyans, revealing an …

Low-Frequency Stimulation Of Corpus Callosum Suppresses Epileptiform Activity In The Cortex Through Γ-Aminobutyric Acid Type B Receptor And Slow Afterhyperpolarization-Mediated Reduction In Tissue Excitability, Nrupen Pakalapati, Chia Chu Chiang, Dominique M. Durand

Faculty Scholarship

Objective: Deep brain stimulation, particularly low-frequency stimulation (LFS) targeting fiber tracts, has emerged as a potential therapy for drug-resistant epilepsy (DRE) and for generalized epilepsy, both of which pose significant treatment challenges. LFS diffusely suppresses seizures in the cortex when applied to fiber tracts like the corpus callosum (CC). Nevertheless, the specific processes responsible for suppressing epileptic activity in the cortex induced by LFS remain unclear. This study investigates the mechanisms underlying the antiepileptic effect in the cortex of LFS of the CC in coronal rodent brain slices. Methods: An in vitro 4-aminopyridine (4-AP) seizure model of cortical seizures was …

Opening Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth, Elise Chigier, Bilal Mubarack, Daniel Siemers

Faculty Scholarship

Reasons Why Oral Argument Should Be Heard: Oral argument would significantly aid this Court. This appeal presents important questions about what constitutes excessive force, retaliatory arrest, and unlawful failure to train police officers. Oral argument would allow the Court to investigate the complex facts at issue and the elements of these claims.

Searching For The Radical Constitution, Robert L. Tsai

Faculty Scholarship

Due to its length and richness, The Constitutional Bind could be considered several books in one. It is a socialist critique of American political development that highlights the tradeoffs from incremental rather than transformational progress. It is also a partial intellectual history of radical and alternative constitutional theories marginalized by the set of ideas that came to rule. Finally, the book serves as an urgent plea for fellow citizens to give up the mesmerizing, yet frustratingly confining rhetoric of twentieth-century liberal constitutionalism.

Given Rana’s central objective of investigating the rise of the “creedal” approach to American constitutionalism, I believe it …

A Simple And Fast Optical Clearing Method For Whole-Mount Fluorescence In Situ Hybridization (Fish) Imaging, Junwoo Suh, Yehe Liu, Jordan Smith, Michiko Watanabe, Andrew M. Rollins, Michael W. Jenkins

Faculty Scholarship

We report a single-step optical clearing method that is compatible with RNA fluorescence in situ hybridization (FISH) imaging. We previously demonstrated microscopy imaging with immunohistochemistry and genetic reporters using a technique called lipid-preserving refractive index matching for prolonged imaging depth (LIMPID). Our protocol reliably produces high-resolution three-dimensional (3D) images with minimal aberrations using high magnification objectives, captures large field-of-view images of whole-mount tissues, and supports co-labeling with antibody and FISH probes. We also custom-designed FISH probes for quail embryos, demonstrating the ease of fabricating probes for use with less common animal models. Furthermore, we show high-quality 3D images using a …

Introduction: Giving Room To Embodied Relationships, Jeremy D. Bendik-Keymer

Faculty Scholarship

The special issue Z(a)dziwienie ciałem—to Wonder (to Wander) in Corporeal Relationships aims to contribute modestly and imaginatively to the recent wave of work around wonder. In some respects, too, it continues the short seminar “Discussing Wonder” published in Studia Philosophica Wratislaviensia vol. XV, no. 2 (2020). In the ancient Greek philosophical tradition, wonder helped philosophers make sense of the nature of their own inquiries and their striving for knowledge. This is the context in which Plato and Aristotle first discussed wonder (thaumadzein). The concept was reprised in a similar framework when Descartes and Spinoza laid foundations for modern philosophy, and …

Exploration Of Epileptic Networks In Temporal Lobe Encephaloceles With Stereotactic Eeg: Electroclinical Characteristics And Surgical Outcomes, Michael D. Staudt

Faculty Scholarship

Objective: Temporal lobe encephaloceles (TLEN) have been implicated as a cause of temporal lobe epilepsy (TLE), the treatment which is primarily surgical; however, there is no clear consensus on the optimal surgical approach, because it is unclear whether TLE related to TLEN can be addressed by a restricted encephalocele resection or if a more extensive resection is required. The aim of the current article is to report the clinical and electrophysiological profile of patients with TLE secondary to TLEN who underwent stereotactic electroencephalography (SEEG) implantation to identify the epileptogenic network. Methods: A retrospective review was performed of patients with TLE …

Proceedings Of The 2022 “Lifestyle Intervention For Epilepsy (Life)” Symposium Hosted By Cleveland Clinic, Martha Sajatovic

Faculty Scholarship

Lifestyle interventions are strategies used to self-manage medical conditions, such as epilepsy, and often complement traditional pharmacologic and surgical therapies. The need for integrating evidence-based lifestyle interventions into mainstream medicine for the treatment of epilepsy is evident given that despite the availability of a multitude of treatments with medications and surgical techniques, a significant proportion of patients have refractory seizures, and even those who are seizure-free report significant adverse effects with current treatments. Although the evidence base for complementary medicine is less robust than it is for traditional forms of medicine, the evidence to date suggests that several forms of …

A Sex Comparison Of The Physical And Physiological Demands Of United States Marine Corps Recruit Training, Bridget A. Mcfadden, Harry P. Cintineo, Alexa J. Chandler, Gianna F, Mastrofini, Caroline Vicenty, Patrick Peterson, Mita Lovalekar, Bradley Nindl, Shawn M. Arent

Faculty Scholarship

PURPOSE: to monitor USMC recruits throughout training to comparatively assess workload, sleep, stress, and performance responses in men and women.

METHODS: 278 recruits (M = 180 & W = 98; Age = 19 ± 2y) were monitored and tested. Workload, sleep, and stress assessments occurred at weeks 2, 7/8, and 11 of training. Workload (energy expenditure per kg body mass [EE], distance [DIS], steps) and sleep (continuity & duration) were tracked over 72-hour periods using wearable accelerometry and heart rate devices. Stress was determined through salivary cortisol. Performance testing (vertical jump [CMJ] and isometric mid-thigh pull [IMTP]), occurred …

Reducing Consumer–Brand Incongruity Through Corporate Social Responsibility And Brand Trust: Exploring Negative Word-Of- Mouth (Nwom), Petek Tosun, Sandy Ipeker Cagliyor, Merve Yanar Gürce

Faculty Scholarship

Drawing upon consumer–brand disidentification theory and balance theory, this study examines symbolic and ideological incongruity in consumer–brand relationships through an original conceptual model shaped by negative past experiences, brand trust, perceived corporate social responsibility (CSR), and negative word-of- mouth (NWOM). A preliminary study was conducted to explore the dimensions of consumers' negative past experiences by topic detection. Latent Dirichlet allocation (LDA) topic modeling was undertaken to analyze online consumer reviews (n = 6095) about a coffee chain brand. The dimensions detected in this preliminary study were included in the research model and further analyzed in the main study. The main …

A High-Tech Wreck: Hipaa Roadblocks To Texting Patients, Jonathan Fanaroff

Faculty Scholarship

Protecting the private and confidential information entrusted to health care professionals is a core principle dating back to the Hippocratic Oath. At the same time, effective health communication is essential to build trust and allow patients and families to understand and participate as true members of the team. Although it is not often discussed, there can be a tension between legal security regulations designed to protect confidentiality and the ability to effectively communicate with families. The main source of this tension in the United States is related to the Health Insurance Portability and Accountability Act (HIPAA). At the dawn of …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

Neurological Foundations And Technological Interventions For Dyslexia: Advancements And Challenges, Piper Hutson, James Hutson

Faculty Scholarship

Dyslexia, a complex neurological condition affecting reading and language processing, is intricately tied to variations in brain structure and function. This article explores the neurological underpinnings of dyslexia, emphasizing phonological, visual, and attention-related impairments. Furthermore, the analysis highlights various types of dyslexia—phonological, surface, rapid automatized naming, and visual—while addressing their neurological correlations. It also investigates the relationship between dyslexia and other neurodivergent conditions, such as autism and ADHD, focusing on the neurological overlap and differences. To mitigate the challenges associated with dyslexia, advanced technologies such as virtual reality (VR) and eye-tracking are discussed for their diagnostic and intervention potential. These …

The International Court Of Justice: New Challenges In The Hague For Adjudication Of Interstate Disputes, John Bellinger, Catherine Amirfar, Sarah H. Cleveland, Juan Manuel Gómez-Robledo Verduzco

Faculty Scholarship

This panel was convened on Thursday, March 30, 2023 at 10:30 a.m. by its moderator Catherine Amirfar of Debevoise & Plimpton LLP, who introduced the panelists: Sarah Cleveland of Columbia University Law School; and Juan Manuel Gómez-Robledo Verduzco, the Deputy Permanent Representative to the United Nations for Mexico.

The Intangible Divide: Why Do So Few Firms Invest In Innovation?, James Bessen, Xiupeng Wang

Faculty Scholarship

Investments in software, R&D, and advertising have grown rapidly, now approaching half of U.S. private nonresidential investment. Yet just a few hundred firms account for almost all this growth. Most firms, including many large ones, regularly invest little in capitalized software and R&D, and this "intangible divide" has surprisingly deepened as intangible prices have fallen relative to other assets. Using comprehensive US Census microdata, we document these patterns and explore a variety of factors associated with intangible investment. We find that firms invest significantly less in innovation-related intangibles when their rivals invest more. One firm's investment can obsolesce rivals' investments, …

Common Measures Of Vaccination Intention Generate Substantially Different Estimates That Can Reduce Predictive Validity, Jessica Fishman, K. Aleks Schaefer, Daniel Scheitrum, Christopher Robertson, Dolores Albarracin

Faculty Scholarship

Surveys often estimate vaccination intentions using dichotomous ("Yes"/"No") or trichotomous ("Yes," "Unsure," "No") response options presented in different orders. Do survey results depend on these variations? This controlled experiment randomized participants to dichotomous or trichotomous measures of vaccine intentions (with “Yes” and “No” options presented in different orders). Intentions were measured separately for COVID-19, its booster, and influenza vaccines. Among a sample of U.S. adults (N = 4,764), estimates of vaccine intention varied as much as 37.5 ± 17.4 percentage points as a function of the dichotomous or trichotomous response set. Among participants who had not received the COVID-19 vaccine, …