Digital Commons Network^™

Leveling The International Playing Field With The Marketplace Fairness Act, Richard Thompson Ainsworth, Boryana Madzharova

Faculty Scholarship

Quill v. North Dakota unbalanced the American retail market with its preference for out-of-state over in-state sellers. The preference under Quill is that sellers without physical presence in a state cannot be compelled to collect the sales tax. If the buyer does not voluntarily remit the complementary use tax, the purchase is effectively tax-free. As a result, Quill is seen as facilitating tax avoidance and driving business to sellers who have no in-state nexus, notably e-businesses. Revenue losses are estimated in excess of $10 billion per year.

The reach of the Quill decision is international. Preferred sellers can reside just …

The Challenges Of Cognitive Aging: Integrating Approaches From Science To Intergenerational Relationships, Peter J. Whitehouse

Faculty Scholarship

The individual and social challenges created by population aging and especially the growing number of people labeled with dementia demand new innovative and comprehensive approaches. A broader integrative biology needs to replace reductionist, overly simplistic biomedical solutions that dominate today's scientific discourse, particularly with regards to cognitive aging. Alzheimer's disease is a heterogeneous syndrome characterized more fully at a system rather than molecular level. Coordinated scientific and community responses are needed including new attention to intergenerational relationships, innovative learning organizations, and empowering health practices. The Intergenerational School is a successful public charter school which provides learning opportunities for elementary school …

Presentism The Magnifier, Jeremy Bendik-Keymer

Faculty Scholarship

Speech given at the International Society for Environmental Ethics (ISEE) 10th Annual Meeting: “Thinking and Acting Ecologically” at the University of East Anglia, U.K. on June 12-14th, 2013.

More Hair-Raising Decisions, And How Professor Wendy Greene Combs Through Their Flaws, Angela Onwuachi-Willig

Faculty Scholarship

If you are looking for an interesting and timely employment discrimination article to read, please consider Black Women Can’t Have Blonde Hair . . . in the Workplace, by Professor Wendy Greene of Cumberland, Samford University, School of Law. In that article, Professor Greene builds upon the work that she began in her article Title VII: What’s Hair (and Other Race Based Characteristics) Got to Do With It¹ where she argued that characteristics that are commonly associated with a particular racial or ethnic group should fall under Title VII’s current protected categories of race, color, and national origin. …

Statistical And Domain Analytics Applied To Pv Module Lifetime And Degradation Science, Laura S. Bruckman, Nicholas R. Wheeler, Junheng Ma, Jiayang Sun, Roger H. French

Faculty Scholarship

A better understanding of the degradation modes and rates for photovoltaic (PV) modules is necessary to optimize and extend the lifetime of these modules. Lifetime and degradation science (L&DS) is used to understand degradation modes, mechanisms and rates of materials, components and systems to predict lifetime of PV modules. A PV module lifetime and degradation science (PVM L&DS) model is an essential component to predict lifetime and mitigate degradation of PV modules using reproducible open data science. Previously published accelerated testing data from Underwriter Laboratories on PV modules with fluorinated polyester backsheets, which included eight modules that were exposed up …

A Longitudinal Examination Of Risk And Protective Factors Associated With Drug Use And Unsafe Sex Among Young African American Females, Dexter R. Voisin

Faculty Scholarship

This study prospectively examined associations among multiple theoretically informed risk (e.g., depression, sexual sensation seeking, and risky peers norms) and protective factors (e.g., social support, STI knowledge, and refusal to have sex self efficacy) on unsafe sex among 715 African American adolescent females aged 15-21 who participated in an STI/HIV prevention intervention. Generalized estimating equation models were used to assess associations between baseline characteristics and sexual risk over a 12-month follow-up period. Overall risk in this population was high: at baseline, nearly a third of women reported sex under the influence of alcohol or substances; ≥ 2 partners for vaginal …

Are We All Originalists Now? I Hope Not!, James E. Fleming

Faculty Scholarship

In recent years, some have asked: “Are we all originalists now?” My response is: “I hope not!” In the Article, I explain why. But first, I show that there is a trick in the question: Even to pose the question “Are we all originalists now?” suggests that one is presupposing what I shall call “the originalist premise.” To answer the question affirmatively certainly shows that one is presupposing it. The originalist premise is the assumption that originalism, rightly conceived, is the best, or indeed the only, conception of fidelity in constitutional interpretation. Put more strongly, it is the assumption that …

Border Carbon Adjustment And International Trade: A Literature Review, Madison Condon, Ada Ignaciuk

Faculty Scholarship

An important source of political opposition to measures aimed at reducing emissions of greenhouse gases (GHGs) arises from concerns over their negative effects on the competitiveness of domestic firms, especially those that are energy-intensive and exposed to competition from foreign producers. Politicians and industry representatives alike fear that imports from countries without similar regulations can gain cost-of-production advantages over domestic goods. With many of the major economies of the world contemplating unilateral action to restrict their carbon emissions (while continuing to pursue co-ordinated multilateral action), the parallel concern of carbon leakage — whereby domestic reductions in emissions are partially or …

Changed Circumstances: The Federal Rules Of Civil Procedure And The Future Of Institutional Reform Litigation After Horne V. Flores, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

The New Textualism, Progressive Constitutionalism, And Abortion Rights: A Reply To Jeffrey Rosen, Neil S. Siegel

Faculty Scholarship

In this Essay, I offer a few thoughts in response to Jeffrey Rosen's contribution to this symposium on Jack Balkin's "Living Originalism". I will first focus on what he writes about the "new textualism." I will then reply to what he intimates about the continuing validity of Roe v. Wade. In short, I will argue that Rosen offers progressives little reason to accept the new textualism or to reject Roe in the name of legal fidelity.

If the abortion right is ultra vires because a lack of decisive warrant in text, structure, and history trumps mediating equality principles and legal …

Collective Action Federalism And Its Discontents, Neil S. Siegel

Faculty Scholarship

An increasing number of scholars argue that the Commerce Clause is best read in light of the collective action problems that the nation faced under the Articles of Confederation. The work of these “collective action theorists” is reflected in Justice Ginsburg’s opinion in National Federation of Independent Business v. Sebelius. Writing for four Justices, she stressed the “collective-action impasse” at the state level to which the Affordable Care Act responds.

In its purest form, a collective action approach maintains that the existence of a significant problem of collective action facing two or more states is both necessary and sufficient for …

Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss

Faculty Scholarship

No abstract provided.

Sixteen And Pregnant: Minors' Consent In Abortion And Adoption, Malinda L. Seymore

Faculty Scholarship

A minor girl’s decision about how to handle an unplanned pregnancy is a highly contested issue. Especially contentious is the minor’s ability to consent to an abortion independently of an adult such as her parents or a judge. That issue has received substantial attention from policy makers, scholars, judges, and legislators. Almost no attention has been paid, however, to the decision of a pregnant minor to continue her pregnancy, relinquish her constitutionally protected parental rights, and place a child for adoption. In 37 states, a minor’s abortion decision is regulated differently than an adult’s, while in only 15 states is …

Faqs On 501(C)(4) Social Welfare Organizations, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Paternalism And Psychic Taxes: The Government's Use Of Negative Emotions To Save Us From Ourselves, Gary M. Lucas Jr

Faculty Scholarship

Paternalism has become increasingly popular among policymakers. Governments at all levels are seriously considering or have recently adopted many paternalistic proposals. For example, the Obama Administration has increased cigarette taxes and adopted a tax on indoor tanning. Similarly, New York City Mayor Michael Bloomberg has proposed a ban on the sale of soda and other sugary drinks in containers larger than sixteen ounces. All of these policies are motivated to some degree by a desire to save people from themselves.

This Article analyzes whether the government should use "psychic taxes" as a tool for achieving paternalistic goals. A psychic tax …

Getting Ready For School: Piloting Universal Prekindergarten In An Urban County, Robert L. Fischer, Tirth Bhatta, Claudia J. Coulton

Faculty Scholarship

Investments in high-quality early care and education have been shown to reap societal benefits across the lives of the children served. A key intervention point is in the lives of 3- to 5-year olds during the period prior to entering kindergarten. Many jurisdictions have developed broad-based prekindergarten initiatives. This study reports on a pilot universal prekindergarten program in 24 sites in the Cleveland, Ohio area. Child assessment data were collected on 204 children from early care classrooms for 3- to 5-year olds across 3 time points by trained observers using 2 standardized instruments. Changes in achievement scores were shown to …

Structural Basis For The Oligomerization-State Switch From A Dimer To A Trimer Of An Engineered Cortexillin-1 Coiled-Coil Variant, Saša Bjelić, Mark R. Chance

Faculty Scholarship

Coiled coils are well suited to drive subunit oligomerization and are widely used in applications ranging from basic research to medicine. The optimization of these applications requires a detailed understanding of the molecular determinants that control of coiled-coil formation. Although many of these determinants have been identified and characterized in great detail, a puzzling observation is that their presence does not necessarily correlate with the oligomerization state of a given coiled-coil structure. Thus, other determinants must play a key role. To address this issue, we recently investigated the unrelated coiled-coil domains from GCN4, ATF1 and cortexillin-1 as model systems. We …

Stopping Mtic — With A 3rd Invoicing Directive, Richard Thompson Ainsworth

Faculty Scholarship

A Third Invoicing Directive for the EU VAT seems to be a foregone conclusion. Corrections are needed in the Second Invoicing Directive. The hallmark of the next Directive will be its application of digital invoice technology. The Commission’s proposals will include adoption of tax-technology advances in invoice-control that are currently in use outside the EU. The next Invoicing Directive will require comprehensive e-invoicing, invoices that are digitally signed, and invoices that are fed into a system of relational databases that match transaction data across the Single Market. There will be real-time EU sales/purchases lists, and remote/real-time audit functionality.

This will …

Phosphorylation Of Cdk9 At Ser175 Enhances Hiv Transcription And Is A Marker Of Activated P-Tefb In Cd4+ T Lymphocytes, Uri R. Mbonye, Giridharan Gokulrangan, Manish Datt, Curtis Dobrowolski, Maxwell Cooper, Mark R. Chance, Jonathan Karn

Faculty Scholarship

The HIV transactivator protein, Tat, enhances HIV transcription by recruiting P-TEFb from the inactive 7SK snRNP complex and directing it to proviral elongation complexes. To test the hypothesis that T-cell receptor (TCR) signaling induces critical post-translational modifications leading to enhanced interactions between P-TEFb and Tat, we employed affinity purification-tandem mass spectrometry to analyze P-TEFb. TCR or phorbal ester (PMA) signaling strongly induced phosphorylation of the CDK9 kinase at Ser175. Molecular modeling studies based on the Tat/P-TEFb X-ray structure suggested that pSer175 strengthens the intermolecular interactions between CDK9 and Tat. Mutations in Ser175 confirm that this residue could mediate critical interactions …

Lessons On Terrorism And "Mistaken Identity" From Oak Creek, With A Coda On The Boston Marathon Bombings, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Dirt Lawyers And Dirty Remics, Bradley T. Borden, David J. Reiss

Faculty Scholarship

No abstract provided.

A Hybrid Structural Approach To Analyze Ligand Binding By The Serotonin Type 4 Receptor (5-Ht4), Liwen Wang, Sayan Gupta, Tivadar Orban, Krzysztof Palczewski, Mark R. Chance

Faculty Scholarship

Hybrid structural methods have been used in recent years to understand protein-protein or protein-ligand interactions where high resolution crystallography or NMR data on the protein of interest has been limited. For G protein-coupled receptors (GPCRs), high resolution structures of native structural forms other than rhodopsin have not yet been achieved; gaps in our knowledge have been filled by creative crystallography studies that have developed stable forms of receptors by multiple means. The neurotransmitter serotonin (5-hydroxytryptamine) is a key GPCR-based signaling molecule affecting many physiological manifestations in humans ranging from mood and anxiety to bowel function. However, a high resolution structure …

Limiting “Sugary Drinks” To Reduce Obesity — Who Decides?, Wendy K. Mariner, George J. Annas

Faculty Scholarship

When a judge struck down the New York City Board of Health's partial ban on selling “sugary drinks” in containers of more than 16 fluid ounces, the reaction was swift. The Portion Cap Rule was widely viewed as a signature accomplishment of Mayor Michael Bloomberg's third term as the “public health mayor,” and he vowed to appeal, saying, “I've got to defend my children, and yours, and do what's right to save lives. Obesity kills.” But the question before the judge was not about the health risks posed by obesity or even the relationship between obesity and access to large …

The Hastie Fellowship Program At Forty: Still Creating Minority Law Professors, Thomas W. Mitchell

Faculty Scholarship

This article provides a history of and information about the structure of the William H. Hastie Fellowship Program at the University of Wisconsin Law School. This article is part of a series of articles published by the Wisconsin Law Review commemorating Professor James E. Jones Jr., emeritus professor of law at the University of Wisconsin Law School and the founder of the Hastie Fellowship Program. Forty years after this pioneering program was established, the Hastie Fellowship Program continues to represent the preeminent pipeline program that has enabled more than 30 minority lawyers to become tenure-track law professors at law schools …

Resistance Is Not Futile: Harnessing The Power Of Counter-Offensive Tactics In Legal Persuasion, Peter Reilly

Faculty Scholarship

A core competency for people working in law or business is the ability to influence and persuade: People need to become expert at getting others to agree, to go along, and to give in. The potential “targets” of one’s influence throughout a given workday are seemingly endless and include clients and customers, co-counsel, opposing counsel, supervisors, direct reports, contractors, subcontractors, consultants, secretaries, judges, juries, witnesses, police officers, court personnel, and others. Moreover, that influence is largely exerted through words spoken and behaviors exhibited within the context of a negotiation. And yet, leading academics have argued that the vast majority of …

A Happiness Approach To Cost-Benefit Analysis, Andrew K. Jennings, Andrew T. Foglia

Faculty Scholarship

No abstract provided.

The Federal Circuit As A Federal Court, Paul Gugliuzza

Faculty Scholarship

The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent appeals and, as a consequence, the last word on many legal issues important to innovation policy. This Article shows how the Federal Circuit augments its already significant power by impeding other government institutions from influencing the patent system. Specifically, the Federal Circuit has shaped patent-law doctrine, along with rules of jurisdiction, procedure, and administrative law, to preserve and expand the court’s power in four interinstitutional relationships: the court’s federalism relationship with state courts, its separation of powers relationship with the executive and legislative branches, its vertical …

Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav

Faculty Scholarship

In the world of Judaism, the “end of men” is not in sight. Surely, tectonic plates are sliding and shifting, and a great deal of change is unfolding, but men are fighting hard to keep patriarchy alive. Deep inside, the Orthodox patriarchal man may be motivated by the sheer impulse to maintain his power, but outwardly he projects a profound commitment to his religious law, the law of God. He believes that his fight is a noble one ordained by divine will and that God is on his side. The problem is global; it appears in every Jewish community around …

Bullying Prevention And Boyhood, Katharine B. Silbaugh

Faculty Scholarship

A desire to reduce bullying in schools and to create safer and healthier school cultures has driven an anti-bullying movement characterized by significant reform in school programs and practices, as well as legislative reform and policy articulation in every state. A desire to improve school outcomes for boys has generated a number of programmatic proposals and responses in public and private education. Most notably, single-sex programming in public schools has been facilitated by the 2006 change to Title IX regulations setting out the criteria for permissible single-sex public school programs. These two recent movements in K-12 schooling spring from new …

Ethical Issues In Mass Tort Plaintiffs' Representation: Beyond The Aggregate Settlement Rule, Nancy J. Moore

Faculty Scholarship

Those who have addressed ethics issues for plaintiffs’ lawyers in mass tort litigation have focused on possible reform of the aggregate settlement rule to facilitate global settlements. This Article addresses a broader range of ethical issues, including (1) application of the general conflicts of interest rule to both client-client and client-lawyer conflicts; (2) unresolved issues concerning the interpretation of the current aggregate settlement rule, including the need to disclose client names and the applicability of the rule to court-approved settlements and formula or matrix allocations; and (3) the ability of lawyers to voluntarily withdraw from representing plaintiffs who reject an …