Digital Commons Network^™

Beyond The "Made In America Tax Plan": Gilti And International Tax Cooperation's Next Golden Age, Steven A. Dean

Faculty Scholarship

Tumultuous times can be particularly difficult for the vulnerable. That may be no less true in the international tax context than it is elsewhere, but disruptive change can also open the door to greater participation by, and rewards for, those long treated as outsiders. With international tax cooperation's first golden age receding into history, new priorities have begun to take root. Unprecedented challenges buffet the international tax regime, suggesting that its future may depend less on its capacity to shield businesses from taxation than on its ability to find common ground among very different states.

International tax cooperation has long …

The Impact Of Covid-19 On Immigration Detention, Fatma Marouf

Faculty Scholarship

COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …

Quantification Of The Effects Of Hydrophobicity And Mass Loading On The Effective Coverage Of Surface-Immobilized Elastin-Like Peptides, Zihang Su, Julie N. Renner

Faculty Scholarship

Elastin-like peptides (ELPs) immobilized to solid surfaces have recently gained attention for use in electrochemical applications in sensing as well as bioenabled electrode assembly. Key to the success of these applications is understanding how ELPs impact the access and electron transfer of reacting species to the solid surface (effective surface coverage). In this study, short ELPs with varying hydrophobicity and sequence length were designed for gold attachment, and the effect on the ability of a redox probe to access a gold surface was characterized by cyclic voltammetry. A quantitative model describing the relationship between ELP effective surface coverage as a …

Reducing The Wealth Gap Through Fintech 'Advances' In Consumer Banking And Lending, Nathalie Martin, Pamela Foohey

Faculty Scholarship

Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like banking services, such as early wage access and other fintech innovations. These innovations both hold the promise of reducing racial and ethnic disparities in lending and bring concerns that they may be exploited in ways that perpetuate inequality. They also come at a time when policy makers are considering how …

Why Are Women Lawyers Underrepresented In Criminal Justice?, Maryam Ahranjani

Faculty Scholarship

When the ABA’s Criminal Justice Section (CJS) created the Women in Criminal Justice Task Force (TF) in 2019, we knew that women lawyers in the criminal sector were underrepresented in the workforce, but we did not know why. Thus, the TF set out to investigate the challenges facing women criminal lawyers in hiring, retention, and promotion. By assembling a group of women with diverse lived and professional experiences, cochairs Professor Carla Laroche and Tina Luongo sought to elevate women’s voices previously not heard by CJS and develop and promote strategies to achieve full inclusion of those voices in CJS, the …

Derjaguin-Landau-Verwey-Overbeek Energy Landscape Of A Janus Particle With A Nonuniform Cap, Siddharth Rajupet, Aidin Rashidi, Christopher L. Wirth

Faculty Scholarship

A colloidal particle is often termed “Janus” when some portion of its surface is coated by a second material which has distinct properties from the native particle. The anisotropy of Janus particles enables unique behavior at interfaces. However, rigorous methodologies to predict Janus particle dynamics at interfaces are required to implement these particles in complex fluid applications. Previous work studying Janus particle dynamics does not consider van der Waals interactions and realistic, nonuniform coating morphology. Here we develop semianalytic equations to accurately calculate the potential landscape, including van der Waals interactions, of a Janus particle with nonuniform coating thickness above …

Negative Marital Interaction, Purpose In Life, And Depressive Symptoms Among Middle-Aged And Older Couples: Evidence From The Health And Retirement Study, Elliane Irani, Sumin Park, Ronald L. Hickman Jr.

Faculty Scholarship

Objective: Negative marital interaction and purpose in life have been associated with depressive symptoms. Yet, these associations have not been fully explored in a dyadic context. This study examines the actor (intra-individual) and partner (cross-spousal) effects of negative marital interaction on depressive symptoms in couples and the potential mediating role of purpose in life. Methods: Data came from 1186 heterosexual married couples who participated in the 2016 (T1) and 2018 (T2) waves of the Health and Retirement Study and completed the psychosocial questionnaire in 2016. Structural equation modeling was used to estimate the direct and indirect associations among T1 negative …

International Collaboration Framework For The Calculation Of Performance Loss Rates: Data Quality, Benchmarks, And Trends (Towards A Uniform Methodology), Alan J. Curran, Kunal Rath, Arash Khalilnejad, Roger H. French

Faculty Scholarship

The IEA PVPS Task 13 group, experts who focus on photovoltaic performance, operation, and reliability from several leading R&D centers, universities, and industrial companies, is developing a framework for the calculation of performance loss rates of a large number of commercial and research photovoltaic (PV) power plants and their related weather data coming across various climatic zones. The general steps to calculate the performance loss rate are (i) input data cleaning and grading; (ii) data filtering; (iii) performance metric selection, corrections, and aggregation; and finally, (iv) application of a statistical modeling method to determine the performance loss rate value. In …

Mass-Velocity Dispersion Relation In Hiflugcs Galaxy Clusters, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

We investigate the mass-velocity dispersion relation (MVDR) in 29 galaxy clusters in the HIghest X-ray FLUx Galaxy Cluster Sample (HIFLUGCS). We measure the spatially resolved, line-of-sight velocity dispersion profiles of these clusters, which we find to be mostly flat at large radii, reminiscent of the rotation curves of galaxies. We discover a tight empirical relation between the baryonic mass M bar and the flat velocity dispersion σ of the member galaxies, i.e., MVDR,, with the lognormal intrinsic scatter of 12 -3 +3. The residuals of the MVDR are uncorrelated with other cluster properties like temperature, cluster radius, baryonic mass surface …

Alcohol Use In Tanzanians With Chronic Psychotic Disorders And Poor Medication Adherence, Emily Simon, Jennifer B. Levin, Carol Blixen, Michelle Aebi, Kristin Cassidy, Martha Sajatovic

Faculty Scholarship

Background: The burden of chronic psychotic disorders (CPDs) in sub-Saharan Africa (SSA) is significant. Poorly medically adherent patients are more likely to have worse outcomes and require more resources. However, factors impacting effective treatment of CPD in this population are unclear. Aim: Examine the relationship between alcohol use and disease management and compare alcohol risk stratification between the Alcohol Use Disorders Identification Test (AUDIT) and Alcohol, Smoking and Substance Involvement Screening Test (ASSIST) in poorly medication adherent Tanzanians with CPD. Setting: Muhimbili National Hospital and ambulatory clinics in Dar es Salaam, Tanzania. Methods: 100 Tanzanians with CPDs and suboptimal medication …

Systematic Literature Review Of Psychiatric Comorbidities In Adults With Epilepsy, Elaine Lu, Christopher J. Burant, Martha Sajatovic

Faculty Scholarship

Background and Purpose Mental illness is disproportionately common in people with epilepsy (PWE). This systematic literature review identified original research articles that reported the prevalence of psychiatric comorbidities based upon clinical assessments in a sample of PWE and assessed the clinical features of the populations found in studies included in our review of mental health comorbidity. Methods The included articles were written in English and published from 2008 to 2018, and focused on adults aged ≥18 years who had psychiatric diagnoses determined in clinical assessments, such as those found in medical records, clinician psychiatric evaluations, struc-tured diagnostic interviews, and mental …

Integrating Behavioral Health And Primary Care (Ibh-Pc) To Improve Patient-Centered Outcomes In Adults With Multiple Chronic Medical And Behavioral Health Conditions: Study Protocol For A Pragmatic Cluster-Randomized Control Trial, Terry Stancin, Kurt C. Stange, Kathryn Teng

Faculty Scholarship

Background: Chronic diseases that drive morbidity, mortality, and health care costs are largely influenced by human behavior. Behavioral health conditions such as anxiety, depression, and substance use disorders can often be effectively managed. The majority of patients in need of behavioral health care are seen in primary care, which often has difficulty responding. Some primary care practices are providing integrated behavioral health care (IBH), where primary care and behavioral health providers work together, in one location, using a team-based approach. Research suggests there may be an association between IBH and improved patient outcomes. However, it is often difficult for practices …

American Perspectives On Suicidality Among Men In Poland, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

This article examines sociological, psychological, and suicidological research on the determinants of male suicide to explore the fact that Polish men complete suicide 7.4 times more than women, a frequency twice as high as in the US. This paper is based upon an examination of relevant literature and statistical databases. A keyword search was completed in both Polish and English language databases. Ideals of masculinity and negative social attitudes towards a non-binary view of gender may increase stressors and discourage men in Poland from revealing their problems while seeking support, explaining the high rates of suicide completion among Polish men. …

Voice Of America Interviews Vinay Harpalani, 大學招生該不該考慮種族因素？哈佛“歧視亞裔”案上訴最高法院 (Should College Admissions Consider Racial Factors? Harvard "Discrimination Against Asians" Case Appealed To The Supreme Court), Vinay Harpalani, Mo Yu

Faculty Scholarship

However, Vinay Harpalani, a law professor at the University of New Mexico in the United States, believes that the Supreme Court will not accept it.

He said that the Supreme Court had just made a ruling on a similar issue five years ago. “It’s rare to reconsider this issue so quickly.” He said that although the previous case involved public universities and Article 14 of the Constitution. The amendment, this time involves private universities and Article 6 of the Civil Rights Law, but the legal principles are also equal protection clauses.

He also said that the "Student Fair Admissions Organization" …

Santa Fe Reporter Interviews Maryam Ahranjani: Change Of Venue, District Court Judge To Consider Defense’S Argument That A Fair Trial In The Slaying Of Basketball Star Is Impossible In Santa Fe, Maryam Ahranjani, Katherine Lewin

Faculty Scholarship

Maryam Ahranjani, a criminal law professor at the University of New Mexico, concedes that the "accessibility" of information is much different now than when the Founding Fathers ratified the Sixth Amendment (the right to a speedy and public trial by an impartial jury), but that the original idea of that section of the Constitution stemmed from the belief trials are best held in the community in which they occurred.

"Certainly judges are willing to change venues sometimes, consistent with that original idea that the local community is what defines the crime and so they're the ones who should determine whether …

Krwg Interviews Maryam Ahranjani, Doña Ana County Mandatory Vaccination Policy Contested, Maryam Ahranjani, Madison Staten

Faculty Scholarship

Maryam Ahranjani, an associate professor of law at the University of New Mexico, says government officials can mandate vaccination for their employees.

“The law is pretty clear that in using the state's police power to regulate for the health, safety and welfare of its citizens, an employer can require vaccinations,” Ahranjani said.

Ahranjani pointed to Jacobson v. Massachusetts, a 1905 Supreme Court Case that ruled mandatory vaccinations constitutional. But she says that just because she believes employers can require vaccinations doesn’t mean it’s the best solution.

“There's some strong arguments for why it's probably not the best approach,” Ahranjani said. …

Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag

Faculty Scholarship

No abstract provided.

The Promise And Perils Of Shared Equity Financing, David Reiss, Ernira Mehmetaj

Faculty Scholarship

No abstract provided.

Pernicious Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Health And Ergogenic Potential Of Oral Adenosine-5′-Triphosphate (Atp) Supplementation, Ralf Jäger, Martin Purpura, John A. Rathmacher, John C. Fuller Jr., Lisa M. Pitchford, Fabricio E. Ross, Chad M. Kerksick

Faculty Scholarship

Adenosine triphosphate (ATP) is the primary compound that provides energy to drive many processes in living cells, including muscle contraction, neurotransmission, and cardiac function. Initial research used enteric-coated ATP that displayed no apparent efficacy. However, ATP disodium supplementation has demonstrated improved bioavailability and acute and chronic benefits to cardiovascular health, muscular performance, body composition, and recovery while attenuating muscle breakdown and fatigue. In this review, we provide a critical assessment of oral ATP’s bioavailability and its various health and ergogenic benefits.

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Scholarship

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Settled Law, G. Alexander Nunn, Alan M. Trammell

Faculty Scholarship

“Settled law” appears frequently in judicial opinions — sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine. During judicial confirmation hearings, the term is bandied about as Senators, advocacy groups, and nominees discuss judicial philosophy and deeper ideological commitments. But its varying and often contradictory uses have given rise to a concern that settled law is simply a repository for hopelessly disparate ideas. Without definitional precision, it risks becoming nothing more than empty jargon.

We contend that settled law is actually a meaningful …

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all, …

Takings Localism, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

Conflicts over “sanctuary” cities, minimum wage laws, and gender-neutral bathrooms have brought the problematic landscape of contemporary state preemption of local governance to national attention. This Article contends that more covert, although equally robust, state interference can be found in property, with significant consequences for our understanding of takings law.

Takings jurisprudence looks to the states to mediate most tensions between individual property rights and community needs, as the takings federalism literature recognizes. Takings challenges, however, often involve local governments. If the doctrine privileges the democratic process to resolve most takings claims, then, that critical process is a largely local …

Geographical Indications: New Perspectives And Recent Developments, Irene Calboli

Faculty Scholarship

Not even three decades ago, Geographical Indications (GIs) were a niche subject. Scholarship on the topic was rare, in particular, in the English-speaking world. Then, after the adoption of the TRIPS Agreement, the role of GIs started to become increasingly more prominent at the multilateral level, as well as part of free trade agreements' negotiations and national policies. This translated to a growing body of scholarship that included not only authors from Europe, the continent from which GIs originate, but also from other countries and the global South. In the past ten years, attention to GIs has continued to grow …

Some Special Words For Robert Burdick, Mary Connaughton

Faculty Scholarship

Many words can be used to describe Bob Burdick, my supervisor, colleague, and friend at the Boston University Civil Litigation Program since the fall of 1993. BU has recognized him as a “Quiet Legal Giant”; as his colleagues, we have commented on his compassion, low-key humility, creativity and innovation, strength as a mentor, and expertise in negotiation. We share common images and experiences as well: the open door to his office and the light already burning at 6:30 on dark mornings as we arrived early to go to court. His insight and understanding after a disturbing experience with an opposing …

Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram

Faculty Scholarship

Bob Burdick began his career in clinical practice as a student in the clinic at Boston University School of Law in 1970, shortly after the civil clinic had been established as the Legal Aid Program in Hyde Park in 1969. Right out of law school, Bob worked at Greater Boston Legal Services (“GBLS”), he then was hired at BU as a clinical instructor and later promoted to director of what became the Civil Litigation Program in 1979. During the forty years Bob led the civil clinic (now renamed the Civil Litigation and Justice Program), he was the creative and innovative …

Tribute To Bob Burdick, Naomi M. Mann

Faculty Scholarship

In losing Bob, we have truly lost a legal giant. He was a visionary in poverty law. He led significant litigation that improved the lives of countless individuals in the Commonwealth. It is because of him, a team of legal aid attorneys, and his students that individuals who are considered mentally incapacitated are entitled to Rogers hearings before being administered medication. It is also under his leadership that student attorneys throughout the Commonwealth can get attorney’s fees for their legal services organizations. Through his guidance and teaching, generations of law students have learned how to infuse their work (wherever they …

A Tribute To Robert (“Bob”) G. Burdick: A Man Of Vision And Light, Constance A. Browne

Faculty Scholarship

One of Bob’s former students said it best: “Bob was the lawyer I wanted to be. He was the person I wanted to be.”1 Bob was also the mentor, teacher, and innovator I aspired to be. For many marginalized clients, Bob brought the change they needed; the change justice required. He embodied hope—he saw the light and strove to enable others to share in its glow.

Adding Principle To Pragmatism: The Transformative Potential Of "Medicare-For-All" In Post-Pandemic Health Reform, William M. Sage

Faculty Scholarship

“Medicare-for-All” should be more than a badge of political identity or opposition. This Article examines the concept’s potential to catalyze policy innovation in the U.S. health care system. After suggesting that the half century of existing Medicare has been as much “Gilded Age” as “Golden Age,” the Article arrays the operational possibilities for a Medicare-for-All initiative. It revisits America’s recent history of pragmatic rather than principled health policy, and identifies professional and political barriers to more sweeping reform. It focuses on four aspects of health policy that have become apparent: simultaneous inefficiency and injustice in medical care, neglect of the …