Digital Commons Network^™

Care Work, Gender Equality, And Abortion: Lessons From Comparative Feminist Constitutionalism, Linda C. Mcclain

Faculty Scholarship

Julie Suk, After Misogyny: How the Law Fails Women and What to Do About It (2023).

Julie Suk’s ambitious book, After Misogyny: How the Law Fails Women and What to Do About It, contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment. That “moment” includes being four years into the COVID-19 pandemic and over one year into the post-Roe v. Wade and Planned Parenthood v. Casey world wrought by Dobbs v. Jackson Women’s Health Organization. That moment …

Managing Fires And Ecosystems Indigenous Fire Ecologies Session_Greenhouse Gas Emissions From Wildland Fires Workshop, Cynthia Twyford Fowler

Faculty Scholarship

No abstract provided.

Superfluid Dark Matter In Tension With Weak Gravitational Lensing Data, Tobias Mistele, Stacy S. Mcgaugh

Faculty Scholarship

Superfluid dark matter (SFDM) is a model that promises to reproduce the successes of both particle dark matter on cosmological scales and those of Modified Newtonian Dynamics (MOND) on galactic scales. SFDM reproduces MOND only up to a certain distance from the galactic center, and only for kinematic observables: it does not affect trajectories of light. We test whether this is consistent with a recent analysis of weak gravitational lensing that has probed accelerations around galaxies to unprecedentedly large radii. This analysis found the data to be close to the prediction of MOND, suggesting they might be difficult to fit …

Prevalence Of Adulteration In Dietary Supplements And Recommendations For Safe Supplement Practices In Sport, Andrew R. Jagim, Patrick Harty, Jacob L. Erickson, Grant M. Tinsley, Dan Garner, Andrew J. Galpin

Faculty Scholarship

The prevalence of dietary supplement use among athletes continues to rise with 60–80% of athletes often reporting current or previous use of dietary supplements. While select dietary ingredients have been shown to improve acute performance and enhance training adaptations over time, it is important to still consider the risk vs. reward for athletes before opting to consume a dietary supplement. Previous work has indicated that certain dietary supplements may pose risks for inadvertent doping, may be susceptible to mislabelling, could be banned by certain governing bodies of sport, or pose health risks for certain populations. The purpose of the current …

Shared Cinematic Experience And Emerging Technologies: Integrating Mixed-Reality Components For The Future Of Cinema, James Hutson

Faculty Scholarship

The enduring appeal of traditional cinema viewing in the face of alternative experiences, including streaming services and emerging technologies, such as extended reality, is rooted in its esthetic, cultural, and social significance. While the psychological appeal of shared cinematic experiences has gained attention in scholarship, there is a need to further explore the potential enhancement of these experiences through the integration of immersive technologies. The communal nature of cinema fosters social connection, especially in a post-pandemic context marked by widespread social isolation. This study highlights the psychological benefits of shared cinematic experiences and emphasizes the next phase of cinematic evolution, …

Perceptions And Barriers To Adopting Artificial Intelligence In K-12 Education: A Survey Of Educators In Fifty States, Karen Woodruff, James Hutson, Kathryn Arnone

Faculty Scholarship

Artificial Intelligence (AI) is making significant strides in the field of education, offering new opportunities for personalized learning and access to education for a more diverse population. Despite this potential, the adoption of AI in K-12 education is limited, and educators’ express hesitancy towards its integration due to perceived technological barriers and misconceptions. The purpose of this study is to examine the perceptions of K-12 educators in all 50 states of the USA towards AI, policies, training, and resources related to technology and AI, their comfort with technology, willingness to adopt new technologies for classroom instruction, and needs assessment for …

Movement On Removal: An Emerging Consensus On The First Congress, Jed Shugerman

Faculty Scholarship

What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.

Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?

The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Comments On Preliminary Draft 9, Shyamkrishna Balganesh, Jane C. Ginsburg, Peter S. Menell

Faculty Scholarship

We are writing to offer our views on Preliminary Draft No. 9 (“PD9”) and express our deep and persistent concern about the direction and methodology that the Project continues to take, which we have sought to address and remedy at multiple points over the last several years. The elements of PD9 that we describe below are, in our view, particularly striking illustrations of the problems that we have previously identified. The gravity and salience of PD9’s problems are borne out in the comments of Judge Pierre Leval, who describes elements of the draft as requiring “a substantial editing and rewriting.” …

Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.

The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …

Federalism, Leadership, And Covid-19: Evolving Lessons For The Public’S Health, Nicole Huberfeld

Faculty Scholarship

The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies …

Populist Constitutionalism, Anya Bernstein, Glen Staszewski

Faculty Scholarship

A Supreme Court majority has expressed hostility to administrative agencies. Yet, as this Article explains, agencies provide the primary site in our government for pluralistic contestation among disparate policy views. A political vision we identify as agonistic republicanism—a convergence among deliberative democrats, republican theorists, and agonism supporters—places such multilateral deliberation and debate among differing social groups at the foundation of democracy. A contrary vision, authoritarian populism, imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent perspectives. This view, prominent in politics, enters legal theory through the rhetoric of judicial …

Additional Comments On Preliminary Draft 9, Jane C. Ginsburg

Faculty Scholarship

I am adding to the comments submitted by Profs. Balganesh, Menell and myself a list of points in PD9 that I believe require correction or clarification. These comments do not include Chapters 8, 10 or 11.

To Democratize Algorithms, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions increasingly employ algorithms in public sector decisionmaking. Facing public outcry about the use of such technologies, jurisdictions have begun to increase democratic participation in the processes by which algorithms are procured, constructed, implemented, used, and overseen. But what problem is the current approach to democratization meant to solve? Policymakers have tended to view the problem as the absence of public deliberation: agencies and courts often use algorithms without public knowledge or input. To redress this problem, jurisdictions have turned to deliberative approaches designed to foster transparency and public debate.

This Article contends that the current approach to democratization is …

Thermoresponsive Polymers With Lcst Transition: Synthesis, Characterization, And Their Impact On Biomedical Frontiers, Yichun Yuan, Konpal Raheja, Nathalie B. Milbrandt, Sophia Beilharz, Steffy Tene, Solomon Oshabaheebwa, Umut A. Gurkan, Anna Cristina S. Samia, Metin Karayilan

Faculty Scholarship

Advances in thermoresponsive materials have significantly impacted many biomedical fields. The unique behavior of reversible phase transition close to the physiological temperatures makes these types of materials a great candidate for a wide variety of biomedical applications including bioimaging, biosensing, injectables, smart surfaces, adhesives, biomanufacturing, and tissue engineering. Thermoresponsive behavior, mainly lower critical solution temperature (LCST) can be easily tuned by shifting the balance between hydrophobicity and hydrophilicity (e.g., by using comonomers or changing end groups) and modifying the molecular weight and architecture of the polymer. Hence, synthetic and characterization tools are critical in tailoring and precisely determining these properties. …

Hydrodynamic Voltammetry Of Fe2+/3+ In Aqueous Deep Eutectic Solvents Towards Redox Flow Batteries, Desiree Mae Prado, Xiaochen Shen, Robert Savinell, Clemens Burda

Faculty Scholarship

Deep eutectic solvents (DESs) have recently attracted much attention as potential green electrolyte solvents for redox flow batteries. DESs are considered not only as environmentally sustainable but also economically attractive electrolytes because they can be resourced from biological feedstock (alcohols, urea, choline) and are earth-abundant and of low toxicity. Despite these advantages, DESs still have limitations in important aspects such as reactant and ion transport, which is inhibited due to hydrogen-bonding-induced viscosity. Thus, improving the transport properties of redox species in DESs is essential. In addition, we explore the quantitative addition of water to ethaline (a 1:2 choline chloride: ethylene …

Measuring Galaxy Cluster Mass Profiles Into The Low-Acceleration Regime With Galaxy Kinematics, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

We probed the dynamical mass profiles of ten galaxy clusters from the HIghest X-ray FLUx Galaxy Cluster Sample (HIFLUGCS) using galaxy kinematics. We numerically solved the spherical Jeans equation and parameterize the dynamical mass profile and the galaxy velocity anisotropy profile using two general functions to ensure that our results are not biased toward any specific model. The mass-velocity anisotropy degeneracy is ameliorated by using two virial shape parameters that depend on the fourth moment of velocity distribution. The resulting velocity anisotropy estimates consistently show a nearly isotropic distribution in the inner regions, with an increasing radial anisotropy toward large …

Aether Scalar Tensor Theory Confronted With Weak Lensing Data At Small Accelerations, Tobias Mistele, Stacy S. Mcgaugh

Faculty Scholarship

Context. The recently proposed aether scalar tensor (AeST) model reproduces both the successes of particle dark matter on cosmological scales and those of modified Newtonian dynamics (MOND) on galactic scales. But the AeST model reproduces MOND only up to a certain maximum galactocentric radius. Since MOND is known to fit very well to observations at these scales, this raises the question of whether the AeST model comes into tension with data. Aims. We tested whether or not the AeST model is in conflict with observations using a recent analysis of data for weak gravitational lensing. Methods. We solved the equations …

Community Members’ Experiences Training As Medical Journal Reviewers, Jeri Jewett-Tennant, Kurt C. Stange, Ashwini R. Sehgal

Faculty Scholarship

Purpose: Although medical research dissemination is intended to benefit members of society, few members of society actually participate in the process of publishing findings. This study shares findings from community members’ (including patients and the public) experiences being trained as medical journal reviewers. Methods: We analyzed findings from two focus group interviews of community reviewers (N = 29) to identify themes in their experiences with the training program. Results: Community members trained as journal reviewers appreciated learning the context under which manuscript development and review occur from authors and funders, the value of the community member perspectives to science, and …

A Novel Approach To Legacy Donations With Long-Term Benefits Supported By Mathematical Analysis, Daniel Solow, Robin Symes

Faculty Scholarship

A novel approach to legacy donations, called the “Master Fund Strategy,” is proposed. Potential long-term financial benefits for both donor and nonprofit organizations (NPOs) when compared to a “Traditional Fund Strategy” are established through mathematical analysis and computer simulations, providing nonprofit marketing and fundraising professionals an alternative way to lock in bequest funding. In particular, formulas are developed for computing relevant financial quantities associated with the two strategies. Conditions are presented under which the Master Fund Strategy is better than the Traditional Fund Strategy, in the sense that there is a point in time when the net present value of …

Polyethylene Glycol-Mediated Directional Conjugation Of Biological Molecules For Enhanced Immunoassays At The Point-Of-Care, Dheerendranath Battalapalli, Purbali Chakraborty, Disha Jain, Umut A. Gurkan, Robert A. Bonomo, Mohamed S. Draz

Faculty Scholarship

Rapid and reliable point-of-care (POC) diagnostic tests can have a significant impact on global health. One of the most common approaches for developing POC systems is the use of target-specific biomolecules. However, the conjugation of biomolecules can result in decreased activity, which may compromise the analytical performance and accuracy of the developed systems. To overcome this challenge, we present a polymer-based cross-linking protocol for controlled and directed conjugation of biological molecules. Our protocol utilizes a bifunctional thiol-polyethylene glycol (PEG)-hydrazide polymer to enable site-directed conjugation of IgG antibodies to the surface of screen-printed metal electrodes. The metal surface of the electrodes …

Prescribed Fire Use Among Black Landowners In The Red Hills Region, Usa, Cynthia Twyford Fowler, La’ Portia J. Perkins, Adam Coates, J. Kevin Hiers, Seth W. Bigelow

Faculty Scholarship

The Red Hills Region of southern Alabama, northern Florida, and southwestern Georgia is one of the most prominent areas in the United States for conducting prescribed fire research and is the birthplace of fire ecology. The culture of prescribed burning in the Red Hills has been influenced by multiple ethnic groups, including the Seminole and Creek nations, Black landowners, and White researchers. Given the distinctive reliance of the region on prescribed fire, it is noteworthy that the combined issues of Black land loss, underrepresentation, and incentives for using prescribed fire on private lands in the southeastern United States have generated …

Neuroaffirmative Approaches To Extended Reality: Empowering Individuals With Autism Spectrum Condition Through Immersive Learning Environments, James Hutson, Caitlyn Mcginley

Faculty Scholarship

Traditional teaching and working environments often prioritize extroverted qualities, disadvantaging individuals with conditions that impact social engagement, such as autism spectrum condition (ASC). These individuals usually thrive in calmer, low-key learning environments but face challenges in lecture-style classes, and traditional office environments leading to marginalization in academic and professional settings. This study explores the neuroaffirming potential of extended reality (XR) in creating immersive learning and working environments tailored to the unique needs of individuals with ASC. By focusing on four key factors—indirect social engagement, digital communication preferences, sensory sensitivity, and avatar-based communication—XR technologies can provide a supportive and accommodating environment …

Virtual Learning Environments And Digital Twins: Enhancing Accessibility, Diversity, And Flexibility In Training Secondary Educational Administrators, James Hutson, Robert Steffes, Joe Weber

Faculty Scholarship

This study investigates the potential of Virtual Learning Environments (VLEs) and digital twins to overcome geo-graphical, scheduling, and diversity barriers in the training of secondary educational administrators. Recognizing the limitations in traditional in-person visits to schools-particularly for graduate students in rural areas and those working fulltime with dependents-and the current ethnic composition of educational administrators, where White individuals comprise 64.5% of the population in the US (71.01% for principals), this research explores how VLEs can democratize access and foster diversity in educational leadership training. Over the academic year 2022–2023, pre- and post-engagement surveys were administered to students in a Visionary …

A Randomized Controlled Trial To Examine The Impact Of A Multi-Strain Probiotic On Self-Reported Indicators Of Depression, Anxiety, Mood, And Associated Biomarkers, Kylie E. Walden, Jessica M. Moon, Anthony M. Hagele, Leah E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Petey W. Mumford, Marco Pane, Chad M. Kerksick

Faculty Scholarship

Objective: To examine the efficacy of supplementing with a multi-strain probiotic (MSP) on changes associated with mood, anxiety, and neurotransmitter levels.

Method: In a randomized, double-blind, placebo-controlled fashion, 70 healthy men and women (31.0  ±  9.5  years, 173.0  ±  10.4  cm, 73.9  ±  13.8  kg, 24.6  ±  3.5  kg/m2 ) supplemented with a single capsule of MSP (a total daily dose of 4 × 109 colony forming units [CFU] comprised of a 1 × 109   CFU dose from each of the following strains: Limosilactobacillus fermentum LF16, Lacticaseibacillus rhamnosus LR06, Lactiplantibacillus plantarum LP01, and Bifidobacterium longum 04, Probiotical S.p.A., Novara, …

Sex Differences In Resting Metabolic Rate Among Athletes And Association With Body Composition Parameters: A Follow-Up Investigation, Andrew R. Jagim, Margaret T. Jones, Andrew T. Askow, Joel Luedke, Jacob L. Erickson, Jennifer B. Fields, Chad Kerksick

Faculty Scholarship

The purpose of this study was to examine sex differences in resting metabolic rate (RMR) and associations between measured RMR and body composition parameters in athletes. One-hundred and ninety collegiate men (n = 98; age: 20.1 ± 1.6 yr.; body mass: 92.7 ± 17.5 kg; height: 181.6 ± 6.2 cm, body mass index: 28.0 ± 4.7 kg/m2) and women (n = 92; age: 19.4 ± 1.1 yr.; body mass: 65.2 ± 11.0 kg; height: 168.0 ± 6.6 cm, body mass index: 23.0 ± 3.6 kg/m2) athletes volunteered to participate in this study. Athletes completed a body composition assessment using air …

Apheresis Collection Of Mononuclear Cells For Chimeric-Antigen Receptor Therapies, Robert W. Maitta

Faculty Scholarship

Collections of lymphocytes to be genetically modified to treat hematologic malignancies have seen a dramatic increase over the last few years as commercial products have been approved. Reports of new products in development that can possibly treat solid organ malignancies represent a massive change in the field. Apheresis is at the center of the collection of cells for the manufacture of these chimeric-antigen receptor therapy products. The expansion of these collections represents one of the areas of apheresis procedures growth. This review will summarize concepts important to this type of collection and variables that need to be optimized to obtain …

Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell

Faculty Scholarship

Part I of this article begins by discussing some fundamental constitutional principles that were raised, sometimes implicitly and indirectly, in the Chenery cases. Those principles point to limits on administrative adjudication that go well beyond those recognized in current doctrine. We do not here seek to push those principles as far as they can go, though we offer no resistance to anyone who wants to trod that path. Instead, we identify and raise those principles to help understand the scope and limits of actual doctrine. Our modest claims here are that constitutional concerns about at least some classes of agency …

Brief For Petitioner, Muldrow V. City Of St. Louis, Missouri, Madeline H. Meth, Brian Wolfman

Faculty Scholarship

Title VII prohibits an employer from discriminating against an employee because of her race, color, religion, sex, or national origin. Its core antidiscrimination provision, Section 703(a)(1), protects individuals not only from discriminatory hiring, firing, or compensation but also from discrimination with respect to their “terms, conditions, or privileges” of employment. 42 U.S.C. § 2000e2(a)(1). Petitioner Jatonya Clayborn Muldrow maintains that her employer, the City of St. Louis Police Department, discriminated against her in the terms, conditions, or privileges of her employment when, because of her sex, it transferred her out of the Department’s Intelligence Division to an entirely different job, …

Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose

Faculty Scholarship

Good judges are clear writers. And clear writers avoid legal clutter. Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions, concurring opinions are legal asides, musings of sorts—often by a single judge—that add length and confusion to an opinion often without adding meaningful value. Concurring opinions do not change the outcome of a case. Unlike dissenting opinions, they do not claim disagreement with the ultimate decision. Instead, concurring opinions merely offer an idea or viewpoint that failed …