Digital Commons Network^™

Saving Climate Disclosure, Scott Hirst

Faculty Scholarship

Designing a regulatory response to climate change is one of the defining challenges of our era. In an attempt to address it, the Securities and Exchange Commission (SEC) has recently proposed a historic rule requiring climate-related disclosure by companies, resting squarely on the rationale of "investor demand." The proposed climate disclosure rule has met with an unprecedented response, some of it reflective of investor demand, but also including a broad array of opponents critical of the rule, who cast doubt on the rule's validity. A judicial challenge is all but inevitable.

This Article explains that the best way for the …

Family Needs, Family Leave In 2023, Katharine B. Silbaugh

Faculty Scholarship

Instituting support for women and children is a difficult task to imagine in a world that is removing reproductive freedom and healthcare. In this hypothetical, do we treat the removal of abortion care as a force majeure, natural disaster, or an earthquake? If so, after the earthquake, the community bands together and works tirelessly to compensate for what has happened. But the removal of abortion care was not a natural disaster-it was planned, and it is embedded in background conditions that are pushing further away from support for women and children.

The primary task of this Article is to respond …

The Myth Of The "Nationwide Injunction", Portia Pedro

Faculty Scholarship

A growing number of scholars, judges, and Justices are debating the permissibility and propriety of relief that they are calling "national injunctions" or "nationwide injunctions. "An injunction is a court order that prohibits an entity from taking certain actions or that requires an entity to take specified actions. Drawing from scholarly literature and popular discourse, some define a "nationwide injunction" as an injunction with no geographic limitation that benefits nonparties, in addition to named plaintiffs or defined plaintiff classes. Injunctive relief in a number of high-profile cases falls within the crosshairs of "nationwide injunction" opponents. On the chopping block is …

Biden V. Nebraska: The New State Standing And The (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman

Faculty Scholarship

Chief Justice Roberts’s majority opinion in Biden v. Nebraska does not sufficiently explain how Missouri has standing under established Article III doctrine, nor how the Court approaches the major questions doctrine as a method of statutory interpretation. Clarification can come from other opinions, even other cases entirely, in which Justice’s counterarguments are suggestive of the real arguments underlying the decisions.

MOHELA may have faced a concrete injury from the student debt waiver, but there was no evidence that Missouri would – and the majority had no answer for how Missouri had standing without an injury. A debate over special state …

Amicus Brief In Sec V. Jarkesy On Original Public Meaning Of Article Ii & Presidential Removal, Jed Handelsman Shugerman

Faculty Scholarship

In holding that the SEC’s administrative law judges’ protections against removal were unconstitutional, the Fifth Circuit extended Free Enterprise Fund v. PCAOB, 561 U.S. 447 (2010), and Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020). Those precedents were based on an incomplete historical record. Subsequent historical research shows that the Founding generation never understood Article II to grant the President an indefeasible removal power.

To be sure, this evidence does not suggest Congress should have unlimited power to protect any executive office or delegate removal to itself. Rather, the bottom line is that the evidence of original public …

Affirmative Action After Sffa, Jonathan Feingold

Faculty Scholarship

In SFFA v. Harvard (SFFA), the Supreme Court further restricted a university’s right to consider the racial identity of individual applicants during admissions. The ruling has spawned considerable confusion regarding a university’s ongoing ability to pursue racial diversity, racial inclusion, and other equality-oriented goals—whether through “raceconscious” or “race-neutral” means. To assist institutions attempting to navigate the ruling, this article outlines a set of key legal rights and responsibilities that universities continue to possess following SFFA.

A Concrete Proposal For Data Loyalty, Neil Richards, Woodrow Hartzog, Jordan Francis

Faculty Scholarship

Congress and state legislators are finally experimenting with new privacy frameworks, rights, and duties to move past the thoroughly critiqued “notice and choice” model for data privacy. While many new privacy proposals seek a more fortified version of the fair information practices, some legislators have placed a duty of data loyalty at the heart of their proposed privacy bills. This is important because a duty of data loyalty has the potential to anchor American privacy law in a way analogous to how the European Union approach is grounded in fundamental rights of privacy and data protection.

Unfortunately, there remains some …

The Sec's Compensation Clawback Loophole, David I. Walker

Faculty Scholarship

The SEC has recently released final rules implementing the executive incentive compensation recovery or “clawback” provisions of the 2010 Dodd-Frank Act. These rules are aimed at recovering from executives incentive compensation determined to be excessive in light of a subsequent accounting restatement. Unfortunately, the SEC’s rules create a loophole by excluding purely time-vested stock and stock option grants from the reach of the new clawback regime. This aspect of the rulemaking seems inconsistent with the intent of Congress, and the result likely will be to distort executive pay practices in a perverse fashion, shifting compensation back in the direction of …

The Diffuse Executive, Anya Bernstein, Cristina Rodriguez

Faculty Scholarship

A unitary executive is an exacting ideal. It asks that all power in an administration be gathered in the person of the President, who should have full authority to determine the actions of officials and employees. Even if the President does not directly control every executive action (how could he?), when officials fail to implement presidential preferences, the unitary theory dictates that the President must have the power to remove them. The model posits a tightly organized hierarchy—every rung implementing the substantive decisions of the rung above, with orders flowing from the top: a command-and-control structure for government action. And, …

The Need For Restatement Of The Common Law: A Long Look Back, David J. Seipp

Faculty Scholarship

Restatements of the common law, the chief achievements of the American Law Institute (ALI), fulfilled a need that had long been expressed by lawyers and judges in England and America. Supreme Court Justice Joseph Story, responding in 1837 to the Massachusetts state legislature’s inquiry whether common law should and could be codified, reported that there could be tremendous saving of effort and time by lawyers and judges if a group of experts set out in written form the agreed principles and doctrines of common law. Story did not advise that the legislature should enact this written text of common law, …

Urban Expansion Of Energiewende In Germany: A Systematic Bibliometric Analysis And Literature Study, Peter Yang

Faculty Scholarship

Background: Despite Germany’s world leadership of Energiewende, there have been mounting challenges, such as the slowdown of German renewable energy growth since 2017, when the Merkel administration dramatically changed the German renewable energy promotion policy from feed-in tariffs to competitive auctions. These challenges pose important research questions about whether and how an emerging urban expansion of Energiewende can serve as a vital solution to counteract the challenges to the energy transition. Answering these research questions provides a unique opportunity to explore the academic and historic foundations of the energy transition and its urban expansion, the emerging events that exemplify urban …

Use Of An Invertebrate Animal Model (Aplysia Californica) To Develop Novel Neural Interfaces For Neuromodulation, Junqi Zhuo, Jeffrey P. Gill, Michael W. Jenkins, Hillel J. Chiel

Faculty Scholarship

New tools for monitoring and manipulating neural activity have been developed with steadily improving functionality, specificity, and reliability, which are critical both for mapping neural circuits and treating neurological diseases. This review focuses on the use of an invertebrate animal, the marine mollusk Aplysia californica, in the development of novel neurotechniques. We review the basic physiological properties of Aplysia neurons and discuss the specific aspects that make it advantageous for developing novel neural interfaces: First, Aplysia nerves consist only of unmyelinated axons with various diameters, providing a particularly useful model of the unmyelinated C fibers in vertebrates that are known …

Deep Narrowband Photometry Of The M101 Group: Strong-Line Abundances Of 720 H Ii Regions, Ray Garner Iii, J. Christopher Mihos, Paul Harding, Stacy S. Mcgaugh

Faculty Scholarship

We present deep, narrowband imaging of the nearby spiral galaxy M101 and its satellites to analyze the oxygen abundances of their H ii regions. Using Case Western Reserve University’s Burrell Schmidt telescope, we add to the narrowband data set of the M101 Group, consisting of Hα, Hβ, and [O iii] emission lines and the blue [O ii] λ3727 emission line for the first time. This allows for complete spatial coverage of the oxygen abundance of the entire M101 Group. We used the strong-line ratio R 23 to estimate oxygen abundances for the H ii regions in our sample, utilizing three …

An Implementation Roadmap For Establishing Remote Infectious Disease Specialist Support For Consultation And Antibiotic Stewardship In Resource-Limited Settings, Robin L.P. Jump

Faculty Scholarship

Infectious Disease (ID)-trained specialists, defined as ID pharmacists and ID physicians, improve hospital care by providing consultations to patients with complicated infections and by leading programs that monitor and improve antibiotic prescribing. However, many hospitals and nursing homes lack access to ID specialists. Telehealth is an effective tool to deliver ID specialist expertise to resource-limited settings. Telehealth services are most useful when they are adapted to meet the needs and resources of the local setting. In this step-by-step guide, we describe how a tailored telehealth program can be implemented to provide remote ID specialist support for direct patient consultation and …

Probiotic Bc30 Improves Amino Acid Absorption From Plant Protein Concentrate In Older Women, Kylie E. Walden, Anthony M. Hagele, Logan S. Orr, Kristen N. Gross, Joesi M. Krieger, Ralf Jäger, Chad M. Kerksick

Faculty Scholarship

Weizmannia coagulans GBI-30, 6086 (BC30) has previously been shown to increase protein digestion in an in vitro model of the stomach and small intestine and amino acid appearance in healthy men and women after ingestion of milk protein concentrate. The impact of ingesting BC30 with other protein sources or in other demographics is largely unknown. The purpose of this study was to examine the impact of adding BC30 to a 20-g dose of a blend of rice and pea protein on postprandial changes in blood amino acids concentrations in healthy, older women. Healthy, older females (n = 30, 58.5 …

The Mediating Effect Of Caregiving Relationship Quality On The Association Between Caregiving Stressors And Mental Health Problems Among Older Spousal Caregivers, Fei Wang, Elliane Irani

Faculty Scholarship

Providing care to a spouse can be especially challenging for older adults given their compounding stressors resulting from aging and caregiving. This cross-sectional study examines the relationships between caregiving stressors and caregiver mental health problems and the potential mediator (i.e., caregiving relationship quality) of these associations. A total of 431 Americans (≥65 years) were selected from the National Study of Caregiving. Path analysis shows that care assistance was positively associated with caregiver mental health problems, and this association was mediated by negative relationship quality (Indirect effect =.14, p =.016). Moreover, role overload was positively associated with caregiver mental health problems, …

Pum1 Mediates The Posttranscriptional Regulation Of Human Fetal Hemoglobin, Yuncheng Man, Amma Owusu-Ansah, Omar Y. Mian, Umut A. Gurkan, Anton A. Komar, Merlin Nithya Gnanapragasam

Faculty Scholarship

The fetal-to-adult hemoglobin switching at about the time of birth involves a shift in expression from γ-globin to β-globin in erythroid cells. Effective re-expression of fetal γ-globin can ameliorate sickle cell anemia and β-thalassemia. Despite the physiological and clinical relevance of this switch, its posttranscriptional regulation is poorly understood. Here, we identify Pumilo 1 (PUM1), an RNA-binding protein with no previously reported functions in erythropoiesis, as a direct posttranscriptional regulator of β-globin switching. PUM1, whose expression is regulated by the erythroid master transcription factor erythroid Krüppel-like factor (EKLF/KLF1), peaks during erythroid differentiation, binds γ-globin messenger RNA (mRNA), and reduces γ-globin …

Socioeconomic Deprivation And Cardiometabolic Risk Factors In Individuals With Type 1 Diabetes: T1d Exchange Clinic Registry, Stephanie Griggs, Sadeer Al-Kindi, Heather Hardin, Elliane Irani, Sanjay Rajagopalan, Ronald L. Hickman Jr.

Faculty Scholarship

Aims: Social determinants of health (SDOH) influence cardiovascular health in the general population; however, the degree to which this occurs in individuals with type 1 diabetes (T1D) is not well understood. We evaluated associations among socioeconomic deprivation and cardiometabolic risk factors (hemoglobin A1c, low-density lipoprotein, blood pressure, body mass index, physical activity) in individuals with T1D from the T1D Clinic Exchange Registry. Methods: We evaluated the association between the social deprivation index (SDI) and cardiometabolic risk factors using multivariable and logistic regression among 18,754 participants ages 13 – 90 years (mean 29.2 ± 17) in the T1D Exchange clinic registry …

Moral Status And The Oversight Of Research Involving Chimeric Animals, Patricia Marshall, Kaitlynn P. Craig

Faculty Scholarship

The use of nonhuman animals in research has long been a source of bioethical and scientific debate. We consider the oversight and use of nonhuman animals in chimeric research. We conducted interviews with twelve members of embryonic stem cell research oversight committees, nine members of institutional animal care and use committees, and fourteen scientists involved in human–nonhuman-animal chimeric research in different areas of the United States. Interviews addressed animal welfare and conceptual issues associated with moral status and humanization of nonhuman animals that contain human cells. Our findings suggest that concepts of enhanced moral status and consciousness are not very …

Fostering Durable Skills Development: Leveraging Student Worker Programs, James Hutson, Elizabeth Macdonald, Lisa Young, Susan Edele, Chris Smentkowski

Faculty Scholarship

The past half century has witnessed exponential increases in the cost of a college degree paralleled by an increase of undergraduate students who are employed during matriculation. While the impact on learning outcomes due to off-campus employment continues to receive much attention, there has been little attention paid to students employed on-campus through student worker programs and their benefits, especially in developing durable skills and improving retention. Research has demonstrated that engagement in oncampus activities improves retention and persistence in students. Additionally, employers desire power or durable skills (formerly known as “soft skills”), and that student worker programs are suited …

Exploring Data Use In Nonprofit Organizations, Duncan J. Mayer, Robert L. Fischer

Faculty Scholarship

Organizations around the world have increasingly employed data for a variety of purposes, and nonprofit organizations are no exception. This article reviews the use of data in nonprofit organizations, including the types of data collected and accessed, the motivations for data capture, and the barriers to systematic use of data. The literature shows that nonprofit organizations capture a variety of data, including public and financial data, performance measures, program evaluation data, and volunteer information. Organizations use these with diverse motivations such as program or organizational improvement, marketing, and accountability. Prominent barriers faced by organizations include challenges in identifying meaningful information, …

Novel Screening Tool And Considerations For Music Therapists Serving Autistic Individuals Via Telehealth: Qualitative Results From A Survey Of Clinicians’ Experiences, Nicole M. Richard Williams

Faculty Scholarship

During the COVID-19 pandemic, music therapists transitioned services from in-person to telehealth due to health and safety concerns. Though online delivery of music therapy services for autistic individuals occurred prior to 2020, the number of North American music therapists using telehealth with autistic clients rose substantially during the pandemic. The current paper’s objective was to delineate music therapists’ perceptions regarding factors that helped or hindered autistic persons’ engagement in online music therapy sessions. One-hundred ninety-two participants completed the survey. Qualitative content analysis of an open-ended question identified seven overarching themes regarding benefits and challenges of telehealth music therapy for autistic …

Open Educational Resources And Institutional Repositories: Roles, Challenges, And Opportunities For Libraries, James Hutson, Susan Edele, Elizabeth Macdonald, Paul Huffman, Nancy Messina, Maggie Pavone, Carla Mueller, Gabriela Romero

Faculty Scholarship

The adoption of digital-born, Open Educational Resources (OER) has been proven to improve student retention and learning outcomes, and OER has the flexibly to support multiple modalities of instruction. Institutional Repositories are uniquely situated to act as a platform to support and distribute content that can be created collaboratively between faculty researchers as well as students. However, faculty are still largely hesitant to adopt OER sources for a variety of reasons, not least among them being a lack of exposure and understanding of the potential benefits for both faculty and students in keeping curriculum affordable, up-to-date, and nimble through media-rich, …

Would You Make It To The Future? Teaching Race In An Assisted Reproductive Technologies And The Law Classroom, Sonia Gipson Rankin

Faculty Scholarship

Would you make it to the future? For the last five years, I have started my Assisted Reproductive Technology (ART) lecture in Family Law with this question. Students take the query seriously. They ponder their lived experiences such as home training, medical history, education, financial well-being, personality traits, work ethic, and social graces when determining if they would be the “model DNA” someone might select in a future society. The good-natured jokes about being nearsighted, having a pitiful jump shot, and wearing orthodontic headgear turn reflective when someone raises the question: would someone in the future select my race? In …

Artificial Intelligence And The Disruption Of Higher Education: Strategies For Integrations Across Disciplines, James Hutson, Theresa Jeevanjee, Vanessa Vander Graaf, Jason Lively, Joe Weber, Graham Weir, Kathryn Arnone, Geremy Carnes, Kathi Vosevich, Daniel Plate, Michael Leary, Susan Edele

Faculty Scholarship

Artificial intelligence (AI) and its impact on society have received a great deal of attention in the past five years since the first Stanford AI100 report. AI already globally impacts individuals in critical and personal ways, and many industries will continue to experience disruptions as the full algorithmic effects are understood. Higher education is one of the industries that will be greatly impacted; consequently, many institutions have begun accelerating its adoption across disciplines to address the fast-approaching market shift. Recent advances with the technology are especially promising for its potential to create and scale personalized learning for students, to optimize …

The Role Of Virtual Reality In Art Therapy To Mitigate Autism Spectrum Disorder (Asd) Symptoms, James Hutson

Faculty Scholarship

Traditional art therapy sessions are designed for face-to-face engagement with patients as with other mental health services such as counseling. However, the pandemic of 2019 severely limited access to these services and, initially, led to widespread cancelation and postponement until the nature of COVID-19 could be better understood. When treatment resumed, video conferencing was the preferred method of holding therapy sessions one-on-one to diagnose patients and provide services. Similar approaches were taken in art therapy with less efficacy given the hands-on nature of the required activities. With the rise of virtual reality (VR) as a more widely accessible technology since …

Multispectral Imaging For Microchip Electrophoresis Enables Point-Of-Care Newborn Hemoglobin Variant Screening, Ran An, Yuning Huang, Anne Rocheleau, Qiaochu Zhang, Yuncheng Man, Zoe Sekyonda, Amma Owusu-Ansah, Umut A. Gurkan

Faculty Scholarship

Hemoglobin (Hb) disorders affect nearly 7% of the world's population. Globally, around 400,000 babies are born annually with sickle cell disease (SCD), primarily in sub-Saharan Africa where morbidity and mortality rates are high. Screening, early diagnosis, and monitoring are not widely accessible due to technical challenges and cost. We hypothesized that multispectral imaging will allow sensitive hemoglobin variant identification in existing affordable paper-based Hb electrophoresis. To test this hypothesis, we developed the first integrated point-of-care multispectral Hb variant test: Gazelle-Multispectral. Here, we evaluated the accuracy of Gazelle-Multispectral for Hb variant newborn screening in 265 newborns with known hemoglobin variants including …

Biomechanical And Sensory Feedback Regularize The Behavior Of Different Locomotor Central Pattern Generators, Kaiyu Deng, Hillel J. Chiel, Roger D. Quinn

Faculty Scholarship

This work presents an in-depth numerical investigation into a hypothesized two-layer central pattern generator (CPG) that controls mammalian walking and how different parameter choices might affect the stepping of a simulated neuromechanical model. Particular attention is paid to the functional role of features that have not received a great deal of attention in previous work: the weak cross-excitatory connectivity within the rhythm generator and the synapse strength between the two layers. Sensitivity evaluations of deafferented CPG models and the combined neuromechanical model are performed. Locomotion frequency is increased in two different ways for both models to investigate whether the model’s …

Optimizing Disaster Preparedness Planning For Minority Older Adults: One Size Does Not Fit All, Omolola E. Adepoju, Luz E. Herrera, Minji Chae, Daikwon Han

Faculty Scholarship

By 2050, one in five Americans will be 65 years and older. The growing proportion of older adults in the U.S. population has implications for many aspects of health including disaster preparedness. This study assessed correlates of disaster preparedness among community-dwelling minority older adults and explored unique differences for African American and Hispanic older adults. An electronic survey was disseminated to older minority adults 55+, between November 2020 and January 2021 (n = 522). An empirical framework was used to contextualize 12 disaster-related activities into survival and planning actions. Multivariate logistic regression models were stratified by race/ethnicity to examine the …

Why Money Is Well Spent On Time, Michael Ulrich

Faculty Scholarship

There are a few reasons why incentivizing clinicians to spend more time with patients can improve health outcomes. Doing so affords clinicians time to assess social determinants’ influences on their patients’ health experiences; offers opportunities to identify and respond to patients’ loneliness; and helps motivate patients’ trust in health care, strengthen patient-clinician relationships, and bolster patients’ adherence to clinicians’ recommendations.