Digital Commons Network^™

Do Private Actors Have Rights Under The Wto? The Motivation For And (Inadequate) Implementation Of Gatt Article X, Adeet Dobhal, Petros C. Mavroidis, Lucas Moreira Jiminez, Sunayana Sasmal, Robert Wolfe

Faculty Scholarship

General Agreement on Tariffs and Trade (GATT) Article X has been consistently overlooked in literature even though it is a unique provision in the GATT-regime: it acknowledges standing for private actors who can challenge trade-related administrative action by World Trade Organization (WTO) members. This provision is an unusual instantiation of the need to provide transparency for private actors about state policy. It is equally eccentric in seeming to provide a right for private actors to challenge governments, albeit only before domestic fora. How did the GATT end up with this provision? And are these apparent private rights meaningful in practice? …

Enhancing Adult Learner Success In Higher Education Through Decision Tree Models: A Machine Learning Approach, Emily Barnes, James Hutson, Karriem Perry

Faculty Scholarship

This article explores the use of machine learning, specifically Classification and Regression Trees (CART), to address the unique challenges faced by adult learners in higher education. These learners confront socio-cultural, economic, and institutional hurdles, such as stereotypes, financial constraints, and systemic inefficiencies. The study utilizes decision tree models to evaluate their effectiveness in predicting graduation outcomes, which helps in formulating tailored educational strategies. The research analyzed a comprehensive dataset spanning the academic years 2013–2014 to 2021–2022, evaluating the predictive accuracy of CART models using precision, recall, and F1 score. Findings indicate that attendance, age, and Pell Grant eligibility are key …

Mitigating Algorithmic Bias: Strategies For Addressing Discrimination In Data, Sonia Gipson Rankin

Faculty Scholarship

This article examines the pervasive issue of algorithmic bias, particularly within large language models (LLMs) and the legal system. It argues that unlike simple programming bugs, these biases are deeply ingrained in the design and training data of artificial intelligence (AI) systems. By understanding the historical roots of bias and its realworld consequence across various sectors, we can develop effective strategies to mitigate its impact and ensure AI serves as a tool for progress. Weaving together historical insights, case studies, and forward-looking recommendations, the article aims to equip legal professionals with the knowledge and tools necessary to lead the charge …

The Hidden Monetary State, Gabriel Rauterberg, Joshua Younger

Faculty Scholarship

Money is a motley. While the state enjoys a monopoly on issuing new physical currency, a variety of instruments serve money-like roles in the financial system. The commercial banking system significantly augments the money supply through issuing deposits. Alongside it, a shadow banking system has also developed, offering a range of deposit substitutes.

This Article seeks to cast new light on the U.S. financial system by exploring how, over the course of the twentieth century, federal policymakers engaged in a series of distinct and largely uncoordinated monetary experiments. As we show through historical case studies, federal authorities designed, promoted, and …

Whistle-Blowing And The Incentive To Hire, Jef De Mot, Murat C. Mungan

Faculty Scholarship

We consider a previously neglected cost of whistle-blower awards: employers may base their hiring decisions, on the margin, not on the productivity of an employee but rather on the probability that the employee will become a whistle-blower. We develop a three-stage model to examine how productivity losses due to distortions at the hiring stage influence optimal whistle-blower rewards. We characterize optimal rewards for whistle-blowing, and show that when rewards can be chosen according to either the benefits of the employer from offending or the productivity of the worker being hired, productivity-based rewards are superior to benefit-based rewards.

Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose

Faculty Scholarship

The evolution of rights following Obergefell is not over. Creative 303 LLC marked a new phase in the ongoing legal challenges over the rights and ceremonies attending same-sex marriage. This Essay addresses the anticipated limits of 303 Creative LLC.

The Essay proceeds in three parts. First, how does 303 Creative LLC impact government employees? What rights, if any, should government employees be able to raise in light of 303 Creative LLC? Second, what does 303 Creative LLC mean for private marketplace vendors engaging in expressive commerce? Vendors, particularly wedding vendors, often create unique items for weddings. Will the law focus …

Negotiating Police Reform, Cynthia Alkon

Faculty Scholarship

In the summer of 2020, after the murder of George Floyd, the national conversation around police reform intensified and was part of a conversation with students at Texas A&M University School of Law. Students wanted more discussion and teaching about police, police misconduct, police reform, and defunding the police. Following those discussions, I created a simulation on local level police reform that, as of this writing, I have used twice in my negotiation class. Simulations are helpful teaching tools in a variety of settings, including law schools. Simulations can be particularly useful to help students discuss difficult topics in different …

Investigation Of Fluid Flow During Flow Boiling Inside A Horizontal Rectangular Channel With Single-Sided Heating Using Particle Image Velocimetry, Chinmay Shingote, Farshad Barghi Golezani, Chirag R. Kharangate

Faculty Scholarship

Subcooled flow boiling is a highly efficient cooling systems for thermal management systems. This study explores the intricate dynamics of subcooled flow boiling within a horizontal channel, investigating the impact of vapor generation on liquid-phase velocity using Particle Image Velocimetry (PIV) and advanced image processing techniques. Four mass flow rates ranging from 5–20 g/s with subcooled inlet conditions are investigated in a rectangular channel with single-sided heating. Three regions of interest along the heated channel are investigated for instantaneous PIV analysis. The PIV system captures detailed velocity profiles, illustrating the impact of varying mass flow rates and heat flux levels …

Parental Political Engagement And Self-Efficacy: An Exploratory Study, Christina Randolph, Robert Needlman, Ellen Hutchinson

Faculty Scholarship

Political engagement (PE) is associated with a sense of empowerment. PE by parents affects children's lives. This study explored parents' attitudes about inclusion of political engagement discussion in well-child care. Because voting is an expression of empowerment, we hypothesized that voting would be related to higher parenting self-efficacy. We administered a brief questionnaire to a convenience sample of parents/guardians at well-child visits at an urban hospital. The questionnaire included 10 Likert scale questions touching on parenting efficacy; beliefs about political engagement; voting behaviors; and demographics. Analysis included descriptive statistics, correlations, and factor analysis. Among the 70 respondents 84% were mothers; …

The Unraveling Of The Federal Home Loan Banks, Kathryn Judge

Faculty Scholarship

The Federal Home Loan Bank system is a $1.3 trillion government-sponsored enterprise that operates primarily for the benefit of member financial institutions. Federal Home Loan Bank members enjoy generous dividends and ready access to fresh liquidity. The biggest beneficiaries are the biggest users of the system, including the largest banks and insurance companies in the country and banks facing financial distress. This essay explains the original aims of the Federal Home Loan Bank system, how the system fulfilled those aims quite successfully for decades following its creation in 1932 and how the system evolved to serve primarily private aims. By …

The Prohibition Of Annexations And The Foundations Of Modern International Law, Ingrid Brunk, Monica Hakimi

Faculty Scholarship

The international legal norm that prohibits forcible annexations of territory is foundational to modern international law. It lies at the core of three projects that have been central to the enterprise: (1) to settle title to territory as the basis for establishing state authority; (2) to regulate the use of force across settled borders; and (3) to provide for people within settled borders collectively to determine their own fates. Prohibiting forcible annexations is integral to each of these projects independently, and by tying them together, has had a transformative effect on the legal system as a whole. However, its significance …

The States' Hodgepodge Of Physician Licensure Regulations, Tara Sklar, Christopher Robertson

Faculty Scholarship

The end of the federal COVID-19 public health emergency (PHE) on May 11, 2023, marked a pivotal shift in the landscape of telehealth regulation in the US. Kwan, Jolin, and Shachar analyze the implications of this transition by exposing inconsistencies in access to care. We agree that we now face a “convoluted patchwork of permanent and temporary changes to telehealth law and policy.”

Civic Education And Democracy's Flaws, Robert L. Tsai

Faculty Scholarship

Today, liberalism and democracy are beset by competitors that seek to return power to religious traditionalists or partisans masquerading as civic republicans. In such an environment, can civic education do some good, and even help bridge our society’s deepening divides?

Seana Shiffrin has characteristically brought deep learning and penetrating insight to the project of civic education in a modern democracy. Against a “dominant” model of citizenship in which “citizens vote and hand off power to their representatives”— which she believes encourages the people to maintain an unhealthy distance from government— she proposes a richer account of political community in which …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain

Faculty Scholarship

This article addresses the U.S. Supreme Court's embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette 's celebrated language: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith …

Liberation Without Law: Queer Workers And The Limits Of Legal Liberalism, Reuel Schiller

Faculty Scholarship

A review of Margot Canaday's book Queer Career: Sexuality and Work in Modern America.

Changes In Lean Body Mass With Glucagon-Like Peptide-1-Based Therapies And Mitigation Strategies, Ian J. Neeland

Faculty Scholarship

Weight loss induced by glucagon-like peptide-1 receptor agonists (GLP-1RAs) and dual glucagon-like peptide-1 receptor (GLP-1R)/glucose-dependent insulinotropic polypeptide receptor agonists is coming closer to the magnitudes achieved with surgery. However, with greater weight loss there is concern about potential side effects on muscle quantity (mass), health and function. There is heterogeneity in the reported effects of GLP-1-based therapies on lean mass changes in clinical trials: in some studies, reductions in lean mass range between 40% and 60% as a proportion of total weight lost, while other studies show lean mass reductions of approximately 15% or less of total weight lost. There …

A Model Of Time-Dependent Macromolecular And Elemental Composition Of Phytoplankton, Anne Willem Omta

Faculty Scholarship

Phytoplankton Chl:C:N:P ratios are important from both an ecological and a biogeochemical perspective. We show that these elemental ratios can be represented by a phytoplankton physiological model of low complexity that includes major cellular macromolecular pools. In particular, our model resolves time-dependent intracellular pools of chlorophyll, proteins, nucleic acids, carbohydrates/lipids, and N and P storage. Batch culture data for two diatom and two prasinophyte species are used to constrain parameters that represent specific allocation traits and strategies. A key novelty is the simultaneous estimation of physiological parameters for two phytoplankton groups of such different sizes. The number of free parameters …

A Second Look: Local Labor Markets And The Impact Of Ban The Box Policies After Criminal Legal Involvement, Benjamin David Pyle

Faculty Scholarship

This paper estimates the impact of labor demand on the employment and recidivism outcomes of released prisoners. Higher labor demand at release generates higher earnings and lower recidivism. Reduced recidivism persists after controlling for the observed labor market outcomes of the returning cohort, suggesting that labor demand impacts crime through channels beyond the direct formal employment of returning prisoners. Difference-in-differences based evidence suggests Ban the Box (BTB) policies delaying when employers can ask about criminal records improve labor market outcomes and lower recidivism for misdemeanor defendants. Evidence for felony defendants and returning prisoners is mixed but suggestive of similar patterns.

Development Of An Online Tool To Support Financial And Legal Planning In Dementia, Irene Tessaro, Sarah M. Hooper, Denise Watt, David Menestres, David Farrell

Faculty Scholarship

Objective: To develop, assess, and refine an online educational tool, Plan for Clarity, to support financial and legal planning in dementia.

Methods: A Delphi mixed-method study with three rounds of anonymous review by lay and professional stakeholders was designed to reach consensus about the content of the online tool and explore the socio-cultural and behavioral factors that could affect access and use.

Results: Consensus showed that the online tool covered key information, knowledge, and communication skills for financial and legal planning. Study themes: 1) the online tool had to be easy to navigate with relevant, easily understood …

Indefinitely Flat Circular Velocities And The Baryonic Tully-Fisher Relation From Weak Lensing, Tobias Mistele, Stacy Mcgaugh

Faculty Scholarship

We use a new deprojection formula to infer the gravitational potential around isolated galaxies from weak gravitational lensing. The results imply circular velocity curves that remain flat for hundreds of kiloparsecs, greatly extending the classic result from 21 cm observations. Indeed, there is no clear hint of a decline out to 1 Mpc, well beyond the expected virial radii of dark matter halos. Binning the data by mass reveals a correlation with the flat circular speed that closely agrees with the baryonic Tully-Fisher relation known from kinematic data. These results apply to both early- and late-type galaxies, indicating a common …

The Baryonic Tully-Fisher Relation. I. Wise/Spitzer Photometry, Francis Duey, Stacy Mcgaugh

Faculty Scholarship

We present Wide-field Infrared Survey Explorer (WISE) W1 photometry of the Spitzer Photometry and Accurate Rotation Curves sample. The baseline of near-IR fluxes is established for use by stellar mass models, a key component to the baryonic Tully-Fisher relation and other kinematic galaxies scaling relations. We focus this paper on determination of the characteristics of the W1 fluxes compared to IRAC 3.6 μm fluxes, internal accuracy limitations from photometric techniques, external accuracy by comparison to other work in the literature and the range of W1 to IRAC 3.6 μm colors. We outline the behavior of SDSS g, W1 and IRAC …

Extreme Value Statistics Analysis Of Process Defects In Additive Manufacturing Materials, Ayorinde E. Olatunde, Kristen Hernandez, Austin Ngo, Arafath Nihar, Thomas G. Ciardi, Rachel Yamamoto, Pawan K. Tripathi, Roger H. French, John J. Lewandowski, Anirban Mondal

Faculty Scholarship

Fatigue and fracture studies focused on process defects that occur in Additive Manufacturing (AM) materials have shown that defect populations possess features which are better measured with extreme value statistics (EVS). In AM alloys, defect occurrences increase with material volume. This situation facilitates the need to model process defects in the path of fatigue crack growth with suitable statistical tools, such as EVS, which is more cost-effective when compared to destructive experiments. The application of EVS on defect space features helps determine the difference in defects present on fracture surfaces. As the fatigue quality of any material depends on its …

Business Innovation As A Force For Good: From Doing Less Harm To Positive Impact Type 1 And Type 2, Chris Laszlo, David Cooperrider, Ronald Fry

Faculty Scholarship

Commitments of “getting to zero” or becoming a regenerative company are raising investor, customer, and employee expectations at a time when businesses are struggling just to reduce negative impacts. Executives are increasingly caught between wanting to build a better world and the reality of managing value-add activities that continue to harm people and the environment. Businesses need to distinguish between three types of innovation impacts to maintain their credibility and legitimacy. The first is doing less harm, where the goal is to minimize social wrongs and reduce ecological footprints. The second is incremental positive impact, where the goal is to …

Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, Michael Anderson, Adrian Towse, Kevin Outterson, Elias Mossialos

Faculty Scholarship

In June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and …

Geometric Representation Of Classes Of Concave Functions And Duality, Elisabeth M. Werner

Faculty Scholarship

Using a natural representation of a 1/s-concave function on R ᵈ as a convex set in R ᵈ⁺¹, we derive a simple formula for the integral of its s-polar. This leads to convexity properties of the integral of the s-polar function with respect to the center of polarity. In particular, we prove that the reciprocal of the integral of the polar function of a log-concave function is log-concave as a function of the center of polarity. Also, we define the Santaló regions for s-concave and log-concave functions and generalize the Santaló inequality for them in the case the origin is …

Differences In Perceived Energy And Macronutrient Requirements Across Divisions In Ncaa Athletes, K. Michelle Singleton, Andrew Jagim, Jamie Mcallister-Deitrick, Marcos Daou, Chad M. Kerksick

Faculty Scholarship

Background

Sports nutrition is an impactful component to sports performance. The purpose of the current study was to investigate the sports nutrition knowledge of National Collegiate Athletic Association collegiate athletes and assess self-reported perceived requirements for energy and macronutrient intake. A secondary aim was to evaluate the awareness of physical and emotional perceptions associated with mindful eating.

Methods

Participants included NCAA Division I (DI, n = 45), II (DII, n = 31), and III (DIII, n = 47) athletes. Athletes completed a validated questionnaire designed to assess sports nutrition knowledge and were asked questions about their perceived dietary energy and …

Supernatural Attributions For Extraordinary Events: Examining Cognitive And Contextual Predictors, Joshua A. Wilt, Julie J. Exline, Nick Stauner

Faculty Scholarship

Why do people make supernatural attributions (SA) for events? This article focused on five possible predictors: stressfulness, unusual events, religiousness, seeing a supernatural explanation as meaningful, and seeing supernatural entities as powerful. We also predicted that people would be more likely to adopt supernatural explanations seen as highly accessible, motivating, and plausible. We focused primarily on SA in general and secondarily on specific entities. We tested preregistered hypotheses using survey data in two samples of undergraduates: one reporting life-changing events (N = 594) and another reporting on an event with a supernatural air, or supernaturally perceived events (N = 475). …

Excess Prevalence Of Preexisting Chronic Conditions In Older Adults With Incident Epilepsy, Siran M. Koroukian, Hannah L. Fein, Long Vu, Wyatt P. Bensken, Nicholas K. Schiltz, Martha Sajatovic

Faculty Scholarship

Objective: Prior studies have examined chronic conditions in older adults with prevalent epilepsy, but rarely among those with incident epilepsy. Identifying the chronic conditions with which older adults present at epilepsy incidence assists with the evaluation of disease burden in this patient population and informs coordinated care development. The aim of this study was to identify preexisting chronic conditions with excess prevalence in older adults with incident epilepsy compared to those without. Methods: Using a random sample of 4 999 999 fee-for-service Medicare beneficiaries aged >65 years, we conducted a retrospective cohort study of epilepsy incidence in 2019. Non-Hispanic Black …

The Effects Of A Brand-Specific, Hemp-Derived Cannabidiol Product On Physiological, Biochemical, And Psychometric Outcomes In Healthy Adults: A Double-Blind, Randomized Clinical Trial, Gianna F. Mastrofini, Bridget A. Mcfadden, Alexa J. Chandler, Blaine S. Lints, Harry P. Cintineo, Nathaniel D. Rhoades, Caroline S. Vincenty, Sten O. Stray-Gundersen, Abbi D. Lane, Shawn M. Arent

Faculty Scholarship

Background

Cannabidiol (CBD) is a non-psychoactive phyto-cannabinoid derived from the Cannabis sativa plant. CBD exhibits various interactions at receptor sites, prompting the research of its potential anti-inflammatory, immunomodulatory, psychological, and pain-relieving effects. This study aimed to investigate the physiological, biochemical, and psychometric effects of a brand-specific, hemp-derived CBD product in healthy adults over a 12-week observation period.

Methods

54 healthy males and females (age = 25 ± 7y; BMI = 24.82 ± 3.25 kg/m2) recruited from a large Southeastern University completed the study. Participants arrived at the laboratory after > 8 h of fasting, and > 48 h without alcohol consumption and …