Digital Commons Network^™

Do Not Put All Your Eggs In One Basket: Social Perspectives On Desalination And Water Recycling In Israel, Gretchen Sneegas, Lucas Seghezzo, Christian Brannstrom, Wendy Jepson, Gabriel Eckstein

Faculty Scholarship

Israel has set ambitious goals in terms of the widespread adoption of desalination and water recycling technologies. Policymakers in Israel consider these technologies as the key to improve urban water security but knowledge of stakeholder views on this policy approach is not well established. We deployed the Q-methodology, a qualitative–quantitative approach, to empirically determine social perspectives on desalination and water recycling across a wide range of stakeholders in the Israeli water sector. We identified the following four distinctive social perspectives: (1) desalination should be the option of last resort; (2) desalination is moving us to an infinite resource; (3) equating …

Marshalling Copyright Knowledge To Understand Four Decades Of Berne, Peter K. Yu

Faculty Scholarship

In the year 1978, the 1976 Copyright Act had just entered into effect. Marshall Leaffer, whom this article will affectionately refer to by his first name, had just completed his duties as an attorney advisor at the U.S. Copyright Office. On his way to academia, he, like the fictional character Captain William “Buck” Rogers, was to experience cosmic forces beyond all comprehension. In a freak mishap, his car veered off a rarely used mountain road and was frozen by temperatures beyond imagination. He did not return to academia until more than forty years later. What will he discover upon his …

Letting Offenders Choose Their Punishment?, Gilles Grolleau, Murat C. Mungan, Naoufel Mzoughi

Faculty Scholarship

Punishment menus allow offenders to choose the punishment to which they will be subjected from a set of options. We present several behaviorally informed rationales for why punishment menus may serve as effective deterrents, notably by causing people to refrain from entering a calculative mindset; reducing their psychological reactance; causing them to reconsider the reputational impacts of punishment; and reducing suspicions about whether the act is enforced for rent-seeking purposes. We argue that punishment menus can outperform the traditional single punishment if these effects can be harnessed properly. Our observations thus constitute a challenge, based on behavioral arguments, to the …

Discredited Data, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly employing pretrial algorithms as a solution to the racial and socioeconomic inequities in the bail system. But in practice, pretrial algorithms have reproduced the very inequities they were intended to correct. Scholars have diagnosed this problem as the biased data problem: pretrial algorithms generate racially and socioeconomically biased predictions, because they are constructed and trained with biased data.
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/="/">This Article contends that biased data is not the sole cause of algorithmic discrimination. Another reason pretrial algorithms produce biased results is that they are exclusively built and trained with data from carceral knowledge sources – the …

Running On Empty: Ford V. Montana And The Folly Of Minimum Contacts, James P. George

Faculty Scholarship

Jurisdictional contests are in disarray. Criticisms date back to the issuance of International Shoe Co. v. Washington but the breakdown may be best illustrated in two recent Supreme Court opinions, the first rejecting California’s “sliding scale” that mixes general and specific contacts, the second using the discredited sliding scale to hold Ford amenable in states where accidents occurred.

California’s sliding scale is one variety of the contacts-relatedness tests, used in lower courts to have general contacts bolster weaker specific contacts. Some states—Montana and Minnesota for example—use the opposite extreme requiring a causal connection in defendant’s forum contacts, often using foreseeability …

In The Name Of Energy Sovereignty, Guillermo J. Garcia Sanchez

Faculty Scholarship

Throughout history, the phrase "In the name of the King" justified actions that trumped the rights of citizens in order to safeguard the interests of the Crown. Today, in the name of energy sovereignty, states deploy the government apparatus to access oil and gas in other parts of the world, build pipelines on private lands, subsidize renewable energy, and nationalize their oil and power industries. States justify each of these actions by noting that they create a sense of energy independence, ensure security, or achieve other social and economic goals. Energy, however, cannot be trapped in one "realm." Its nature …

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

Faculty Scholarship

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …

Balancing Rights And Responsibilities: The Role Of Government And Citizens In Combatting Gun Violence, Michael Ulrich

Faculty Scholarship

Congress passed the first federal legislation on firearms safety in decades at nearly the same moment that the Supreme Court issued its first major Second Amendment decision since 2008. It will take time to assess the effects of these actions on both gun safety and Second Amendment rights, but, with gun violence skyrocketing across the country, it is clear that finding a balance between rights and safety is desperately needed. The public is ill-equipped to protect itself against the broad harms of gun violence, so the government has a central role to play in addressing those harms and the racial …

The Role Of Departments In The Design Of The Federal Government, Jack M. Beermann

Faculty Scholarship

Reviewing Blake Emerson,The Departmental Structure of Executive Power: Subordinate Checks from Madison to Mueller, 38 Yale J. Reg. 90 (2021)

Adherents to the unitary executive theory, which posits that the Constitution grants the President complete and absolute control over the execution of the law, claim that their view is required by the text of the Constitution, especially Article II’s vesting clause which proclaims that the “Executive Power shall be vested in a President of the United States of America.” As Justice Scalia put it, “this does not mean some of the executive power, but all of the …

Bridging The Computer Science – Law Divide, Azer Bestavros, Stacey Dogan, Paul Ohm, Andrew Sellars

Faculty Scholarship

Many pressing societal questions can be answered only by bringing experts from different disciplines together. Questions around misinformation and disinformation, platform power, surveillance capitalism, information privacy, and algorithmic bias, among many others, reside at the intersection of computer science and law. We need to develop institutions that bring together computer scientists and legal scholars to work together on issues like these, and to train new innovators, thought leaders, counselors, and policymakers with hybrid training in both disciplines. In Universities, the disciplines of Computer Science (CS) and Law are separated by many wide chasms. Differences in standards, language, methods, and culture …

Lgd-4033 And Mk-677 Use Impacts Body Composition, Circulating Biomarkers, And Skeletal Muscle Androgenic Hormone And Receptor Content: A Case Report, Thomas D. Cardaci, Steven B. Machek, Dylan T. Wilburn, Jeffrey L. Heileson, Dillon R. Harris, Harry P. Cintineo, Darryn S. Willoughby

Faculty Scholarship

LGD-4033, a selective androgen receptor modulator, and MK-677, a growth hormone secretagogue, are becoming increasingly used amongst recreationally-active demographics. However, limited data exist describing their effects on health- and androgen-related biomarkers. The purpose of this case study is to report changes in body composition and biomarkers during and after continued co-administration of LGD-4033 and MK-677. We additionally aimed to examine muscular strength and intramuscular androgen-associated biomarkers relative to non-users. A 25-year-old male ingested LGD-4033 [10 mg] and MK-677 [15 mg] daily for 5 weeks. Blood and body composition metrics were obtained pre-, on-, and post-cycle. One repetition maximum (1RM) leg …

The Impact Of Obesity And Adipokines On Breast And Gynecologic Malignancies, Surabhi Tewari, Roberto Vargas, Ofer Reizes

Faculty Scholarship

The link between obesity and multiple disease comorbidities is well established. In 2003, Calle and colleagues presented the relationship between obesity and several cancer types, including breast, ovarian, and endometrial malignancies. Nearly, 20% of cancer-related deaths in females can be accounted for by obesity. Identifying obesity as a risk factor for cancer led to a focus on the role of fat-secreted cytokines, known as adipokines, on carcinogenesis and tumor progression. Early studies indicated that the adipokine leptin increases cell proliferation, invasion, and inhibition of apoptosis in multiple cancer types. As a greater appreciation of the obesity–cancer link has amassed, we …

Reproductive Biology Of Gazella Arabica: Predictors Of Offspring Weight And Short- And Long-Term Offspring Survival, Ryan A. Martin

Faculty Scholarship

Reproductive traits are central to organismal fitness, and so the factors influencing patterns of reproduction and offspring survival are at the heart of biology. Making use of breeding data collected over 16 years at the King Khalid Wildlife Research Centre in Saudi Arabia, we investigated the reproductive biology of Arabian gazelles Gazella arabica. Offspring survival was mainly a function of birth weight, with heavier offspring having higher survival rates than lighter offspring. However, while sons were heavier than daughters, daughters had higher survival rates. We could not find evidence that giving birth to sons negatively impacts offspring weight in the …

Proportioning Collection Space And Learning In An Academic Library: Collection Performance Indicators, Christopher Stewart, Louise Lowe

Faculty Scholarship

Assessment on university campuses increasingly emphasizes learning outcomes and student success. Academic librarians need to identify relationships between their collection spaces and the learning activities of the university in order to play a role in the environment of assessment. Measuring the propor- tions of discipline-oriented content of library collections and comparing those proportions to discipline-oriented learning activities produces collection performance indicators. Academic libraries can use collection performance indicators to assess how well their collection spaces correspond to student demand and student success using readily available metrics. Collection performance indicators answers a gap in library literature per- taining to relationships between …

Cognitive Functioning And Prevalence Of Seizures Among Older Persons In Uganda: A Hospital-Based, Cross-Sectional Study, Martha Sajatovic

Faculty Scholarship

There is limited data on the prevalence of seizures and dementia among older persons in Uganda. We evaluated cognitive functioning, and the prevalence and factors associated with seizures among older persons attending an outpatient medical clinic in Uganda. We randomly selected older adults (60 years and above) attending Kiruddu National Referral Hospital medical outpatient clinics between October 2020 and March 2021. We excluded individuals with a history of head injury, brain tumors, mental retardation, co-morbidity with HIV and patients who have had recent brain surgery. Cognitive functioning was assessed using the Identification for Dementia in Elderly Africans (IDEA) tool. We …

A Roth Conversion Is Not Necessarily More Attractive During A Significant Stock Market Decline: Separating The Tax And Market Timing Effects, William Ks Wang

Faculty Scholarship

No abstract provided.

Public Carry Versus Public Health — The Harms To Come From The Supreme Court’S Decision In Bruen, Michael Ulrich

Faculty Scholarship

In June, the U.S. Supreme Court ruled in New York State Rifle & Pistol Association v. Bruen that the Second Amendment provides a constitutionally protected right to carry firearms in public. The decision is already creating turmoil in the form of political and public backlash and a scramble by policymakers to find new ways to combat the growing gun-violence epidemic in the United States. The majority opinion in Bruen, written by Justice Clarence Thomas, will have a devastating impact on efforts to mitigate gun violence and address racial disparities, but the reasoning used in the decision could cause even …

Are Rules Effective Before Publication? Reflections On The D.C. Circuit’S Decision In Humane Society V. Usda, Jack M. Beermann

Faculty Scholarship

Since at least 1980, there has been a documented increase in regulatory activity at the end of presidential terms, especially in the post-election period when the outgoing President’s successor is from the other party. This phenomenon has come to be known as “midnight regulation,” and the products of end-of-term legislative rulemaking are referred to as “midnight rules.” While a study I conducted for the Administrative Conference of the United States revealed that most midnight rules are routine,[1] some are not and are designed to project the agenda of the outgoing administration into the future and force the incoming administration …

Self-Calibrated Through-Time Spiral Grappa For Real-Time, Free-Breathing Evaluation Of Left Ventricular Function, Dominique Franson, James Ahad

Faculty Scholarship

Purpose: Through-time spiral GRAPPA is a real-time imaging technique that enables ungated, free-breathing evaluation of the left ventricle. However, it requires a separate fully-sampled calibration scan to calculate GRAPPA weights. A self-calibrated through-time spiral GRAPPA method is proposed that uses a specially designed spiral trajectory with interleaved arm ordering such that consecutive undersampled frames can be merged to form calibration data, eliminating the separate fully-sampled acquisition. Theory and Methods: The proposed method considers the time needed to acquire data at all points in a GRAPPA calibration kernel when using interleaved arm ordering. Using this metric, simulations were performed to design …

Tech Work In St. Louis: Past, Present, And Future, Howard Wall

Faculty Scholarship

In Summary, the findings in this report confirm the necessity and urgency for improved data collection and advocacy for the St. Louis data economy. In order for the MSA to become a nationally recognized tech hub to attract and retain competitive tech talent, the St. Louis Metro will need to aggressively address the industry disparities in diverse representation, pay gaps, and occupational growth. Additional data collection and ongoing research will allow the region to report more comprehensively on these metrics, as well as expand into more targeted industry analyses like the Big 15 Emerging Technologies identified by TechSTL.

A Virtual Reality Educational Game For The Ethics Of Cultural Heritage Repatriation, James Hutson, Ben Fulcher

Faculty Scholarship

The technology of virtual reality and the gamification of education has had proven educational benefits and has the ability to immerse students in a participatory learning experience. To capitalize on the strengths of the new digital medium, including immersion, engagement, and presence, a new educational game aims to teach the ethics of cultural heritage repatriation through the lens of art history. The use of games to address current issues and conceptualize a framework for understanding the complexities of geopolitics is not new but aligning these considerations with the pressing need to protect cultural heritage as seen in modern-day Ukraine is. …

A Planetary Imagination: Responses To Chakrabarty’S Socio-Natural Historiography, Editorial Introduction, Jeremy Bendik-Keymer

Faculty Scholarship

Dipesh Chakrabarty’s 2009 essay in Critical Inquiry, “The Climate of History: Four Theses” sent tremors through the environmentally aware humanities in the 2010s. Last year, he published the book that brought that essay forward into the present, The Climate of History in a Planetary Age. It’s no overstatement to think of this book as having clanged the bell for a new normal in the humanities and social sciences when it comes to telling the story of ourselves, that is, when it comes to human history. Responsible history should today be geological even when recounting the human record. Chakrabarty raised a …

Competency-Based Social Work Education: 25 Years Of Innovation & Leadership, Zoë Breen Wood, Marjorie N. Edguer, David L. Hussey, Mark Chupp, Grover C. Gilmore, Paul M. Kubek

Faculty Scholarship

The white paper chronicles the 25-year history of one graduate school of social work’s efforts in competency-based curriculum innovation. The authors argue that curriculum change is organizational change and share their experiences with a variety of curriculum assessment, design, and delivery efforts. Beginning with the development of the first social work competencies (labeled Abilities), pioneering efforts in assessment and holistic curricular design and delivery are reviewed. A new, one-semester, social work generalist curriculum is introduced. Emphasis is placed on the importance of developing a competency-based curriculum that is integrated both horizontally and vertically and that engages the social work student …

Vitrimerization Of Rigid Thermoset Polyurethane Foams: A Mechanochemical Method To Recycle And Reprocess Thermosets, Alireza Bandegi, Maya Montemayor, Ica Manas‐Zloczower

Faculty Scholarship

Polyurethane (PU) thermosets are extensively used in different applications and recycling the large amount of PU thermoset waste remains a universal challenge. Recycling the thermoset waste through vitrimerization is a feasible, cost-effective, and environmental-friendly approach. In this work, triazabicyclodecene (TBD) is used as organocatalyst in the vitrimerization process to recycle and reprocess thermoset rigid polyurethane foams. The results show that the permanent crosslinked structure of the PU thermoset foam is converted to a dynamic network upon vitrimerization. The vitrimerized network can rapidly relax the stress in 10 s at temperatures as low as 120°C. The topology rearrangement happens through the …

Symptom Severity Mixity In Older-Age Bipolar Disorder: Analyses From The Global Aging And Geriatric Experiments In Bipolar Disorder Database (Gage-Bd), Farren B.S. Briggs, Martha Sajatovic

Faculty Scholarship

Objective: Some individuals with bipolar disorder (BD) experience manic and depressive symptoms concurrently, but data are limited on symptom mixity in older age bipolar disorder (OABD). Using the Global Aging & Geriatric Experiments in Bipolar Disorder Database, we characterized mixity in OABD and associations with everyday function. Methods: The sample (n = 805), from 12 international studies, included cases with both mania and depression severity ratings at a single timepoint. Four mixity groups were created: asymptomatic (A), mixed (Mix), depressed only (Dep), and manic only (Man). Generalized linear mixed models used mixity group as the predictor variable; cohort was included …

The Role Of Law And Myth In Creating A Workplace That 'Looks Like America', Susan Bisom-Rapp

Faculty Scholarship

Equal employment opportunity (EEO) law has played a poor role in incentivizing effective diversity, equity, and inclusion (DEI) and harassment prevention programming. In litigation and investigation, too many judges and regulators credit employers for maintaining policies and programs rather than requiring employers to embrace efforts that work. Likewise, many employers and consultants fail to consider the organizational effects created by DEI and harassment programming. Willful ignorance prevents the admission that some policies and programming harm those most in need of protection.

This approach has resulted in two problems. One is a doctrinal dilemma because important presumptions embedded in antidiscrimination law …

A Proposed Sec Cyber Data Disclosure Advisory Commission, Lawrence J. Trautman, Neal Newman

Faculty Scholarship

Constant cyber threats result in: intellectual property loss; data disruption; ransomware attacks; theft of valuable company intellectual property and sensitive customer information. During March 2022, The Securities and Exchange Commission (SEC) issued a proposed rule addressing Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure, which requires: 1. Current reporting about material cybersecurity incidents; 2. Periodic disclosures about a registrant’s policies and procedures to identify and manage cybersecurity risks; 3. Management’s role in implementing cybersecurity policies and procedures; 4. Board of directors’ cybersecurity expertise, if any, and its oversight of cybersecurity risk; 5. Registrants to provide updates about previously reported cybersecurity …

Content Moderation As Surveillance, Hannah Bloch-Wehba

Faculty Scholarship

Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …

The Administrative Agon: A Democratic Theory For A Conflictual Regulatory State, Daniel E. Walters

Faculty Scholarship

A perennial challenge for the administrative state is to answer the “democracy question”: how can the bureaucracy be squared with the idea of self-government of, by, and for a sovereign people with few direct means of holding agencies accountable? Scholars have long argued that this challenge can be met by bringing sophisticated thinking about democracy to bear on the operation of the administrative state. These scholars have invoked various theories of democracy—in particular, pluralist, civic republican, deliberative, and minimalist theories—to explain how allowing agencies to make policy decisions is consistent with core ideas about what democracy is.

There is a …

The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman

Faculty Scholarship

It has been almost six decades since Rachel Carson’s ominous warning of pending environmental disaster. During 2019 the United Nations requested urgent action from world leaders, given that “just over a decade is all that remains to stop irreversible damage from climate change.” With every passing year, damage resulting from destructive climate change causes increased pain, suffering, death and massive property loss. During 2020 and 2021 alone, severe weather events have included: destructive fires in California; record breaking freeze, power outage, and threat to the electrical grid in Texas; continuation of disruptive drought in U.S. Western states; and record-breaking high …