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Sports Participation By Athletes With Cardiovascular Disease, Matthew W. Martinez, Michael J. Ackerman, George J. Annas, Aaron L. Baggish, Sharlene M. Day, Kimberly G. Harmon, Jonathan H. Kim, Benjamin D. Levine, Margot Putukian, Rachel Lampert Feb 2024

Sports Participation By Athletes With Cardiovascular Disease, Matthew W. Martinez, Michael J. Ackerman, George J. Annas, Aaron L. Baggish, Sharlene M. Day, Kimberly G. Harmon, Jonathan H. Kim, Benjamin D. Levine, Margot Putukian, Rachel Lampert

Faculty Scholarship

Millions of young people participate in competitive sports, with well-documented physical and psychological benefits.1 Athletes may be diagnosed with cardiovascular disease (CVD) during evaluation of symptoms, routine preparticipation screening, or clinically indicated family screening. When this occurs, decisions about return-to-play (RTP) are difficult, especially in circumstances when risk may exist or be unknown. Historically, expert consensus documents such as the Bethesda Conference Proceedings,2 provided a “yes/no” approach to RTP after a diagnosis of a CVD such as hypertrophic cardiomyopathy (HCM) or long QT syndrome (LQTS). These recommendations were made with a paucity of data, and were predicated on a zero-risk …


The Physical-Emotional Distinction In Tort, Philip Petrov Feb 2024

The Physical-Emotional Distinction In Tort, Philip Petrov

Faculty Scholarship

Several legal scholars have recently argued that U.S. tort law’s physical-emotional distinction commits tort to the objectionable position of mind-body dualism, but they have not considered the distinction’s role as an aid to judicial cognition and decision-making. Drawing primarily on the law of negligent infliction of emotional distress, this essay argues that tort’s physical-emotional distinction is not a relic of mind-body dualism but a heuristic that judges have used to structure and simplify the difficult but unavoidable task of drawing lines between legally cognizable and non-cognizable harm. The analysis has at least three normative implications: (1) users of tort’s physical-emotional …


Selective Neural Inhibition Via Photobiomodulation Alleviates Behavioral Hypersensitivity Associated With Small Sensory Fiber Activation, Andrew Buzza, Kalista Tapas, Junqi Zhuo, Stephen J. Lewis, Michael W. Jenkins, Michael Moffitt Jan 2024

Selective Neural Inhibition Via Photobiomodulation Alleviates Behavioral Hypersensitivity Associated With Small Sensory Fiber Activation, Andrew Buzza, Kalista Tapas, Junqi Zhuo, Stephen J. Lewis, Michael W. Jenkins, Michael Moffitt

Faculty Scholarship

Objective: Photobiomodulation at higher irradiances has great potential as a pain-alleviating method that selectively inhibits small diameter nerve fibers and corresponding sensory experiences, such as nociception and heat sensation. The longevity and magnitude of these effects as a function of laser irradiation parameters at the nerve was explored. Methods: In a rodent chronic pain model (spared nerve injury—SNI), light was applied directly at the sural nerve with four delivery schemes: two irradiance levels (7.64 and 2.55 W/cm2) for two durations each, corresponding to either 4.8 or 14.4 J total energy, and the effect on sensory hypersensitivities was evaluated. Results: At …


Bacterial Contamination Of Platelet Products, Michael R. Jacobs `, Bowen Zhou, Robert W. Maitta Jan 2024

Bacterial Contamination Of Platelet Products, Michael R. Jacobs `, Bowen Zhou, Robert W. Maitta

Faculty Scholarship

Transfusion of bacterially contaminated platelets, although rare, is still a major cause of mortality and morbidity despite the introduction of many methods to limit this over the past 20 years. The methods used include improved donor skin disinfection, diversion of the first part of donations, use of apheresis platelet units rather than whole-blood derived pools, primary and secondary testing by culture or rapid test, and use of pathogen reduction. Primary culture has been in use the US since 2004, using culture 24 h after collection of volumes of 4–8 mL from apheresis collections and whole-blood derived pools inoculated into aerobic …


Pathogenicity Prediction Of Gabaa Receptor Missense Variants, Ya-Juan Wang, Giang H. Vu, Ting-Wei Mu Jan 2024

Pathogenicity Prediction Of Gabaa Receptor Missense Variants, Ya-Juan Wang, Giang H. Vu, Ting-Wei Mu

Faculty Scholarship

Variants in the genes encoding gamma-aminobutyric acid type A (GABAA) receptor subunits are associated with epilepsy. To date, over 1000 clinical variants have been identified in these genes. However, the majority of these variants lack functional studies and their clinical significance is uncertain although accumulating evidence indicates that proteostasis deficiency is the major disease-causing mechanism. Here, we apply two state-of-the-art modeling tools, namely AlphaMissense and Rhapsody to predict the pathogenicity of saturating missense variants in genes that encode the major subunits of GABAA receptors in the central nervous system, including GABRA1, GABRB2, GABRB3, and GABRG2. We demonstrate that the predicted …


Discord In Concordance Cosmology And Anomalously Massive Early Galaxies, Stacy S. Mcgaugh Jan 2024

Discord In Concordance Cosmology And Anomalously Massive Early Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

Cosmological parameters are constrained by a wide variety of observations. We examine the concordance diagram for modern measurements of the Hubble constant, the shape parameter from the large-scale structure, the cluster baryon fraction, and the age of the universe, all from non-CMB data. There is good agreement for (Formula presented.) and (Formula presented.). This concordance value is indistinguishable from the WMAP3 cosmology but is not consistent with that of Planck: there is a tension in (Formula presented.) as well as (Formula presented.). These tensions have emerged as progressively higher multipoles have been incorporated into CMB fits. This temporal evolution is …


“So, Do Not Fear”: Religion And The Prevalence, Persistence, And Severity Of Anxiety Disorders Among Black Americans, Ann W. Nguyen, Nichole Cobb, Kedong Ding Jan 2024

“So, Do Not Fear”: Religion And The Prevalence, Persistence, And Severity Of Anxiety Disorders Among Black Americans, Ann W. Nguyen, Nichole Cobb, Kedong Ding

Faculty Scholarship

Background: There is a dearth of scholarship that explicates the effects of religious participation on anxiety disorders among Black Americans. A better understanding of the links between religious participation, a coping resource, and anxiety disorders among Black Americans remains essential, given Black Americans are less likely than their white counterparts to seek professional treatment for mental health problems, leading to greater unmet mental health needs. The aim of this study was to investigate whether religious participation is associated with the prevalence, persistence, and severity of anxiety disorders among Black adults. Methods: We used a national sample of Black adults (N …


Numerical Study Of The Effects Of Confinement On Large-Scale Fires In Microgravity, Wohan Cui, Ya-Ting Tseng Liao Jan 2024

Numerical Study Of The Effects Of Confinement On Large-Scale Fires In Microgravity, Wohan Cui, Ya-Ting Tseng Liao

Faculty Scholarship

Confinement has been shown to play an important role on burning behavior of solid materials in microgravity. Previous studies using small flow ducts (duct height < 7.6 cm) concluded that the flame spread rate is linear to the inverse of the duct height. The underlying physics for this correlation is the combustion thermal expansion that leads to different flow acceleration in different flow duct cross-section areas. In recent NASA microgravity fire experiments, Saffire, wide solid fuel samples were burned in two large flow ducts. In these experiments, the duct heights (30 cm and 50 cm) were significantly larger than the flame standoff distance (∼1 cm) and the effect of thermal expansion was expected to be minimal. However, the experiment results showed that both flame spread rate and pyrolysis length increased more than 95 % when the duct height decreased by 40 %. To understand the underlying physics of the experimental results, two-dimensional transient numerical simulations are performed. The model configuration is based on the Saffire experiments. The model successfully predicts the transient flame development processes and the flame spread rates observed at both duct heights. In addition, a methodology is developed to deduce net heat flux distribution on the sample surface using thermocouple data obtained in the experiments. The deduced heat flux profiles in the experiments and in the numerical results agree qualitatively and quantitively. After the model is validated against the experimental data, a parametric study on the duct height is performed. When duct height decreases, flame spread rate increases. It is found that, at large duct heights (> 20 cm), the inverse of the flame spread rate has a linear dependency on the inverse of the duct height. Analytical analysis of cold flow (without combustion) demonstrates that this relationship is due to the different flow profiles on duct cross-section plane when duct height varies (i.e., a hydrodynamic effect). Effects of duct ceiling radiation properties are also considered. Radiation reflection from the duct ceiling increases the heat input on the sample surface, resulting in …


Life In A Fishbowl: Space And Environmental Enrichment Affect Behaviour Of Betta Splendens, Ronald G. Oldfield, Emily K. Murphy Jan 2024

Life In A Fishbowl: Space And Environmental Enrichment Affect Behaviour Of Betta Splendens, Ronald G. Oldfield, Emily K. Murphy

Faculty Scholarship

The public has expressed growing concern for the well-being of fishes, including popular pet species such as the Siamese fighting fish (Betta splendens). In captivity, male Bettas behave aggressively, often causing injuries and death if housed together. As a result, they are typically isolated in small fishbowls, which has been widely criticised as cruel. To investigate the impact of keeping Bettas in these conditions, we recorded the behaviour of individual males in containers of different sizes that were either bare or enriched with gravel, large rocks, and live plants. When male Bettas were housed individually in small bowls (0.5 L) …


Meaningful Research In A Non-Thesis Master's Program: Description Of Nutritionday In A Combined Ms/Di Program, Rosa K. Hand Jan 2024

Meaningful Research In A Non-Thesis Master's Program: Description Of Nutritionday In A Combined Ms/Di Program, Rosa K. Hand

Faculty Scholarship

The nutritionDay research initiative, sponsored by the European Society for Clinical Nutrition and Metabolism (ESPEN) since 2006, is a global effort to describe nutrition risk and nutrition interventions in hospitals and nursing homes, with the goal that increased awareness of malnutrition will lead to improved patient care.1,2 The nutritionDay coordinating center provides standardized forms that investigators at participating hospitals use to collect data from both the health record and directly from the patient.1 NutritionDay has been a successful initiative, collecting and pooling data from almost 300,000 patients across 72 countries and leading to at least 40 publications.2,3 Participation in nutritionDay …


Nonlinear Ferroelectric Characteristics Of Barium Titanate Nanocrystals Determined Via A Polymer Nanocomposite Approach, Qiong Li, Elshad Allahyarov, Tianxiong Ju, Lei Zhu Jan 2024

Nonlinear Ferroelectric Characteristics Of Barium Titanate Nanocrystals Determined Via A Polymer Nanocomposite Approach, Qiong Li, Elshad Allahyarov, Tianxiong Ju, Lei Zhu

Faculty Scholarship

The growing demand for high energy storage materials has garnered substantial attention towards lead-free ferroelectric nanocrystals (NCs), such as BaTiO3 (BTO), for next-generation multilayer ceramic capacitors. Notably, it remains challenging to accurately measure the dielectric constant and polarization-electric field (P-E) hysteresis loop for BTO NCs. Herein, we report on nonlinear ferroelectric characteristics of BTO NCs via a polymer nanocomposite approach. Specifically, poly(vinyl pyrrolidone) (PVP)/BTO nanocomposite films of 3-10 μm thickness, containing 380 nm tetragonal-phased and 60 nm cubic-phased BTO NCs with uniform particle dispersion, were prepared. Theoretical deconvolution of the broad experimental P-E loops of the PVP/BTO NC composite films …


Biotic Interactions Vary Across Species' Ranges And Are Likely Conserved Through Geological Time, Iulian Gherghel, Ryan Andrew Martin Jan 2024

Biotic Interactions Vary Across Species' Ranges And Are Likely Conserved Through Geological Time, Iulian Gherghel, Ryan Andrew Martin

Faculty Scholarship

Aim: The evolutionary interactions between western spadefoot toads (genus Spea) represent a textbook example of character displacement, facilitated by dietary specialization of one Spea species on fairy shrimp (Anostraca) when all three co-occur. The aim of this study is to understand the covariation between predator (Spea) and prey (Anostraca) range shifts in response to climate change oscillations, and whether biotic interactions can be used to project species distribution models on different time scales when studying species with dietary specialization. Taxon: Amphibia: Spea spp. and Crustacea: Anostraca. Location: North America. Methods: Using multiple modelling techniques, we first estimated the potential distribution …


Illuminating The Landscape Of Sibling Relationship Quality: An Evidence And Gap Map, Megan R. Holmes, Anna E. Bender, Kari A. O'Donnell, Emily K. Miller, Ivan T. Conard Jan 2024

Illuminating The Landscape Of Sibling Relationship Quality: An Evidence And Gap Map, Megan R. Holmes, Anna E. Bender, Kari A. O'Donnell, Emily K. Miller, Ivan T. Conard

Faculty Scholarship

This paper used an evidence and gap map (EGM) to advance the scientific understanding of sibling relationship quality among children aged 2 to 18 years by synthesizing literature on 277 empirical studies from 1985 to 2022 to delineate patterns of study design, sampling, and measurement. Most existing research has utilized majority of White, middle-to-upper class, and/or two-caregiver family samples. Nearly 85% (n = 235) of studies used quantitative methods to measure sibling relationship quality across eight domains: conflict, warmth/affection, quality, cohesion, hostility, power/control, positive engagement, and conflict management. A total of 122 studies used a measure of sibling relationship quality …


Impact Of Elexacaftor/Tezacaftor/Ivacaftor On Lipid And Fat‐Soluble Vitamin Levels And Association With Body Mass Index, Tanvi Patel, Kimberly Mcbennett, Senthilkumar Sankararaman, Teresa Schindler, Nori Mercuri Minich, Katherine Kutney Jan 2024

Impact Of Elexacaftor/Tezacaftor/Ivacaftor On Lipid And Fat‐Soluble Vitamin Levels And Association With Body Mass Index, Tanvi Patel, Kimberly Mcbennett, Senthilkumar Sankararaman, Teresa Schindler, Nori Mercuri Minich, Katherine Kutney

Faculty Scholarship

Introduction:Cystic fibrosis transmembrane conductance regulator (CFTR) modulators improve gastrointestinal absorption of nutrients and may result in changes in body mass index (BMI), serum lipids, and fat-soluble vitamin levels. We hypothesized that serum lipids and vitamin levels would increase with CFTR modulator therapy and that greater increase in lipids and vitamin levels would be related to greater increase in BMI. Methods:A retrospective study was performed to evaluate the impact of elexacaftor/tezacaftor/ivacaftor (ETI) on nutritional parameters, serum lipids, and fat-soluble vitamin levels. Pre-ETI values (<2 years prior) and post-ETI values (>1 month after) were compared. Linear regression was used to evaluate whether change in BMI is associated …


Lived Experiences: Growing Up With A Seriously Mentally Ill Parent, Deborah Lindell, Elliane Irani Jan 2024

Lived Experiences: Growing Up With A Seriously Mentally Ill Parent, Deborah Lindell, Elliane Irani

Faculty Scholarship

Introduction: Individuals with serious mental illness often have persistent and disruptive symptoms. These can profoundly affect their children's lives, exposing them to adverse social and psychological conditions. Such conditions can result in traumatic lived experiences during childhood, which can carry over into adulthood, influencing their self-perceptions and shaping their attitudes toward themselves and society. To gain insights into this phenomenon, this study explored the lived experiences of adults who grew up with a parent with serious mental illness and their perceptions of their lives in adulthood. Design: This study used an interpretive phenomenological design. Methods: Participants were invited to voluntarily …


The Automated Fourth Amendment, Maneka Sinha Jan 2024

The Automated Fourth Amendment, Maneka Sinha

Faculty Scholarship

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …


Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman Jan 2024

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.


Dystopian Dreams, Utopian Nightmares: Ai And The Permanence Of Racism, Chaz Arnett Jan 2024

Dystopian Dreams, Utopian Nightmares: Ai And The Permanence Of Racism, Chaz Arnett

Faculty Scholarship

This Essay draws connections between Octavia Butler’s Parable series (Parable of the Sower and Parable of the Talents), HBO’s Westworld, and Derrick Bell’s Faces at the Bottom of the Well: The Permanence of Racism to highlight how the reconfiguration and transmutation of race through technological change is facilitated by corresponding shifts in legal doctrine, theory, policy, and practice. It takes the overlapping threads from these three sources, which struggle with the idea of change within larger systems of unavoidable, repetitive destruction, and ties them to the law’s role in helping to shield race through the storms of change …


Enhancing Proprioception And Regulating Cognitive Load In Neurodiverse Populations Through Biometric Monitoring With Wearable Technologies, James Hutson, Piper Hutson Jan 2024

Enhancing Proprioception And Regulating Cognitive Load In Neurodiverse Populations Through Biometric Monitoring With Wearable Technologies, James Hutson, Piper Hutson

Faculty Scholarship

This paper considers the realm of wearable technologies and their prospective applications for individuals with neurodivergent conditions, specifically Autism Spectrum Disorders (ASDs). The study undertakes a multifaceted analysis that encompasses biomarker sensing technologies, AI-driven biofeedback mechanisms, and haptic devices, focusing on their implications for enhancing proprioception and social interaction among neurodivergent populations. While wearables offer a range of opportunities for societal advancement, a discernable gap remains: a scarcity of consumer-oriented applications tailored to the unique physiological and psychological needs of these individuals. Key takeaways underscore the emergent promise of tailored auditory stimuli in workplace dynamics and the efficacy of haptic …


Renewing Products Liability With Semen, Anita Bernstein Jan 2024

Renewing Products Liability With Semen, Anita Bernstein

Faculty Scholarship

No abstract provided.


Empowering Neurodivergence: The Role Of Positive Language In Challenging Systemic Ableism, Piper Hutson, James Hutson Jan 2024

Empowering Neurodivergence: The Role Of Positive Language In Challenging Systemic Ableism, Piper Hutson, James Hutson

Faculty Scholarship

This review article examines the power of language in shaping perceptions of neurodivergent individuals and the systemic ableism embedded in society. The analysis begins by exploring the historical development of terms like "disabled" and their impact on societal attitudes, focusing on how deficit-based language reinforces exclusion. By contrasting this with strength-based and inclusive language, the article advocates for a shift toward reframing disability in terms of social constructs and accessibility, rather than inherent limitations. Drawing on neuroscientific research, it demonstrates how language shapes neural pathways, reinforcing either stigma or empowerment. The review further critiques euphemisms like "differently abled" for minimizing …


The Sense Of Safety Theoretical Framework: A Trauma-Informed And Healing-Oriented Approach For Whole Person Care, Kurt C. Stange Jan 2024

The Sense Of Safety Theoretical Framework: A Trauma-Informed And Healing-Oriented Approach For Whole Person Care, Kurt C. Stange

Faculty Scholarship

Objectives: This research describes four aspects of the development of the Sense of Safety Theoretical Framework for whole person care: exploring the meaning of the phrase “sense of safety”—the whole person language; the range of human experience that impacts sense of safety—whole person scope; the dynamics that build sense of safety—the healing goals; and the personal and cross-disciplinary trauma-informed practitioner skills and attitudes that facilitate sense of safety. Methods: This qualitative participatory study was conducted in two phases. Researchers iteratively explored the concept of sense of safety using focus groups and semi-structured interviews. Overarching research questions were: “Does the transdisciplinary …


Emotional Expression Between Ceo And Chairperson As A Micro-Foundation Of Organizational Capabilities: An Exploratory Mixed Methods Study, John Paul Stephens Jan 2024

Emotional Expression Between Ceo And Chairperson As A Micro-Foundation Of Organizational Capabilities: An Exploratory Mixed Methods Study, John Paul Stephens

Faculty Scholarship

The work relationships between CEOs and Chairpersons are key to the functioning of the firm. This study uses survey and interview data to explore how these work relationships serve as a micro-foundation for an organization's communication climate. Survey data suggested that CEO-Chairperson relationships can be characterized by emotional carrying capacity (ECC; constructively expressing more positive and negative emotions). The survey-based model further demonstrated that CEOs and Chairpersons perceive their ECC to positively predict organizational communication climate and, in turn, knowledge creation capabilities. The latter, in turn, are positively associated with firm performance. CEO-Chairperson dyadic interview data supplemented the associations identified …


Next Generation Microfluidics: Fulfilling The Promise Of Lab-On-A-Chip Technologies, Umut A. Gurkan Jan 2024

Next Generation Microfluidics: Fulfilling The Promise Of Lab-On-A-Chip Technologies, Umut A. Gurkan

Faculty Scholarship

Microfluidic lab-on-a-chip technologies enable the analysis and manipulation of small fluid volumes and particles at small scales and the control of fluid flow and transport processes at the microscale, leading to the development of new methods to address a broad range of scientific and medical challenges. Microfluidic and lab-on-a-chip technologies have made a noteworthy impact in basic, preclinical, and clinical research, especially in hematology and vascular biology due to the inherent ability of microfluidics to mimic physiologic flow conditions in blood vessels and capillaries. With the potential to significantly impact translational research and clinical diagnostics, technical issues and incentive mismatches …


Tyrannical Hoas And How To Reign In Their Foreclosure Power And Further Protect Homeowners, Juliette Koves Jan 2024

Tyrannical Hoas And How To Reign In Their Foreclosure Power And Further Protect Homeowners, Juliette Koves

Faculty Scholarship

No abstract provided.


Against Engagement, Neil Richards, Woodrow Hartzog Jan 2024

Against Engagement, Neil Richards, Woodrow Hartzog

Faculty Scholarship

In this Article, we focus on a key dimension of commercial surveillance by data-intensive digital platforms that is too often treated as a supporting cast member instead of a star of the show: the concept of engagement. Engagement is, simply put, a measure of time, attention, and other interactions with a service. The economic logic of engagement is simple: more engagement equals more ads watched equals more revenue. Engagement is a lucrative digital business model, but it is problematic in several ways that lurk beneath the happy sloganeering of a “free” internet

Our goal in this Article is to isolate …


Implementing Aba Standard 303(B)(3): Positive Legal Education Through A Community Of Inquiry, Joshua Aaron Jones Jan 2024

Implementing Aba Standard 303(B)(3): Positive Legal Education Through A Community Of Inquiry, Joshua Aaron Jones

Faculty Scholarship

According to William Adams, Executive Director of Legal Education and Bar Admissions at the American Bar Association (ABA), “Full implementation [of 303(b)(3)] [was] expected by 2023.” The revised Standard requires that law schools provide “substantial opportunities” for professional identity development (PID). Though the ABA’s Standards and Rules of Procedure for Approval of Law Schools and the related interpretations allow flexibility, the ABA left law schools without detailed guidance; without a unified professional identity concept, law schools across the country will implement a patchwork of programs, some stronger than others, that may curtail a global strengthening of the profession. Fortunately, scholars …


Second-Generation Flanking Policies: Addressing Extraterritorial And Non-Economic Costs Of Trade Liberalization, Timothy Meyer Jan 2024

Second-Generation Flanking Policies: Addressing Extraterritorial And Non-Economic Costs Of Trade Liberalization, Timothy Meyer

Faculty Scholarship

Flanking policies – policies that aim to address potential negative effects of trade liberalization, and/or the concerns of domestic stakeholders regarding those negative effects, and that are either legally or factually linked to trade liberalization – have been a critical component of international trade policy since at least 1962. Over the years, however, flanking policies have changed. This Article argues that there is a heretofore unnoticed distinction between what I term first-generation flanking policies and second-generation flanking policies. Specifically, first-generation flanking policies target negative economic effects, or costs, of trade liberalization experienced within the enacting country. Trade adjustment assistance is …


Introducing Biosimilar Competition For Cell And Gene Therapy Products, Brian Canter, Sabine Sussman, Stephen Colvill, Nitzan Arad, Elizabeth Staton, Arti Rai Jan 2024

Introducing Biosimilar Competition For Cell And Gene Therapy Products, Brian Canter, Sabine Sussman, Stephen Colvill, Nitzan Arad, Elizabeth Staton, Arti Rai

Faculty Scholarship

This article provides an early analysis of the potential for creating future biosimilar competition for cell and gene therapies (CGTs) to lower prices and improve patient access, building on a unique set of interviews with relevant experts. Our discussion addressed regulatory, manufacturing, intellectual property, and market size challenges. Due to CGTs’ complexity, meeting the regulatory requirement of ‘high similarity with no clinically meaningful differences’ will be difficult. Gene therapies are likely better candidates for biosimilar development than cell therapies. Biosimilarity should be met when gene therapy biosimilars contain the same genetic sequence as a reference product, and the variability in …


The Brussels Effect And The Extraterritoriality Of Delaware Corporate Law, William J. Moon Jan 2024

The Brussels Effect And The Extraterritoriality Of Delaware Corporate Law, William J. Moon

Faculty Scholarship

This essay explores possible shareholder claims in the United States that may arise  if and when member states of the European Union implement the proposed Directive  on Corporate Sustainability Due Diligence. As a doctrinal matter, legal compliance  obligations for corporations incorporated in Delaware extend beyond the borders of  the United States. Under Delaware law, shareholders can bring viable fiduciary suits  against directors and officers when corporations violate applicable “positive law.”  This jurisprudence, principally aimed at ascertaining whether directors and officers  betrayed shareholders by engaging in or facilitating lawbreaking, is not limited to  complying with American law. As Delaware corporations expand …