Digital Commons Network^™

Finding Your 'Flow', Heidi K. Brown

Faculty Scholarship

No abstract provided.

Effects Of Daily 24-Gram Doses Of Rice Or Whey Protein On Resistance Training Adaptations In Trained Males, Jessica M. Moon, Kayla M. Ratliff, Julia C. Blumkaitis, Patrick S. Harty, Hannah A. Zabriskie, Richard A. Stecker, Brad S. Currier, Andrew R. Jagim, Ralf Jäger, Martin Purpura, Chad M. Kerksick

Faculty Scholarship

Large (48-g), isonitrogenous doses of rice and whey protein have previously been shown to stimulate similar adaptations to resistance training, but the impact of consuming smaller doses has yet to be compared. We evaluated the ability of 24-g doses of rice or whey protein concentrate to augment adaptations following 8 weeks of resistance training.

A Theacrine-Based Supplement Increases Cellular Nad+ Levels And Affects Biomarkers Related To Sirtuin Activity In C2c12 Muscle Cells In Vitro, Petey W. Mumford, Shelby C. Osburn, Carlton D. Fox, Joshua S. Godwin, Michael D. Roberts

Faculty Scholarship

There is evidence in rodents to suggest that theacrine-based supplements modulate tissue sirtuin activity as well as other biological processes associated with aging. Herein, we examined if a theacrine-based supplement (termed NAD3) altered sirtuin activity in vitro while also affecting markers of mitochondrial biogenesis. The murine C2C12 myoblast cell line was used for experimentation. Following 7 days of differentiation, myotubes were treated with 0.45 mg/mL of NAD3 (containing ~2 mM theacrine) for 3 and 24 h (n = 6 treatment wells per time point). Relative to control (CTL)-treated cells, NAD3 treatments increased (p < 0.05) Sirt1 mRNA levels at 3 h, as well as global sirtuin activity at 3 and 24 h. Follow-up experiments comparing 24 h NAD3 or CTL treatments indicated that NAD3 increased nicotinamide phosphoribosyltransferase (NAMPT) and SIRT1 protein levels (p < 0.05). Cellular nicotinamide adenine dinucleotide (NAD+) levels were also elevated nearly two-fold after 24 h of NAD3 versus CTL treatments (p < 0.001). Markers of mitochondrial biogenesis were minimally affected. Although these data are limited to select biomarkers in vitro, these preliminary findings suggest that a theacrine-based supplement can modulate select biomarkers related to NAD+ biogenesis and sirtuin activity. However, these changes did not drive increases in mitochondrial biogenesis. While promising, these data are limited to a rodent cell line and human muscle biopsy studies are needed to validate and elucidate the significance of these findings.

Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters

Faculty Scholarship

Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …

Following The Money: The Aca’S Fiscal-Political Economy And Lessons For Future Health Care Reform, William M. Sage, Timothy M. Westmoreland

Faculty Scholarship

It is no exaggeration to say that American health policy is frequently subordinated to budgetary policies and procedures. The Affordable Care Act (ACA) was undeniably ambitious, reaching health care services and underlying health as well as health insurance. Yet fiscal politics determined the ACA’s design and guided its implementation, as well as sometimes assisting and sometimes constraining efforts to repeal or replace it. In particular, the ACA’s vulnerability to litigation has been the price its drafters paid in exchange for fiscal-political acceptability. Future health care reformers should consider whether the nation is well served by perpetuating such an artificial relationship …

Predictable Punishments, Brian Galle, Murat C. Mungan

Faculty Scholarship

Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.

This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …

The Judicial Admissions Exception To The Statute Of Frauds: A Curiously Gradual Adoption, Wayne Barnes

Faculty Scholarship

The statute of frauds requires certain categories of contracts to be evidenced by a signed writing. The original purpose of the statute of frauds, indeed its titular purpose, is the prevention of the fraudulent assertion of a non-existent oral contract. Although a signed writing is the formal way in which to satisfy the statute of frauds, courts have long recognized various exceptions to the writing requirement which will be held to satisfy the statute absent a writing. The effect of such exceptions is that they constitute an alternative form of evidence for the presence of a contract. One such exception …

Artificial Intelligence, The Law-Machine Interface, And Fair Use Automation, Peter K. Yu

Faculty Scholarship

From IBM Watson's success in Jeopardy! to Google DeepMind's victories in Go, the past decade has seen artificial intelligence advancing in leaps and bounds. Such advances have captured the attention of not only computer experts and academic commentators but also policymakers, the mass media and the public at large. In recent years, legal scholars have also actively explored how artificial intelligence will impact the law. Such exploration has resulted in a fast-growing body of scholarship.

One area that has not received sufficient policy and scholarly attention concerns the law-machine interface in a hybrid environment in which both humans and intelligent …

Discovering Our Field In Our Stories, Howard Gadlin, Nancy A. Welsh

Faculty Scholarship

It’s the people who make a field.

This book draws on the thought-provoking, diverse, delightful, sometimes painful, and ultimately beautiful personal histories of some of the thinkers, inventors, influencers, reformers, disrupters, and transformers who have created—and continue to create—the field of conflict resolution. The authors of the essays in this book play a variety of roles: mediator, facilitator, arbitrator, ombuds, academic, system designer, entrepreneur, leader of public or private conflict resolution organization, researcher, advocate for conflict resolution, critic of conflict resolution. They represent the various waves of people who have populated our field, the founders, the institutionalizers, and the leaders …

Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney

Faculty Scholarship

The overwhelming majority of U.S. states facially allocate exclusionary rights and access privileges to beaches by categorically deciding whom to wall in and whom to wall out. In the conventional terms of the longstanding debate surrounding the design of legal directives, such “rules” are considered substantively determinant ex ante and, in application, analogically transparent across similarly situated cases. Only a small number of jurisdictions have adopted “standards” in the beach access context, which—again, on the conventional account—sacrifice both determinacy and transparency for the ability to accommodate ex post the complexities of individual cases. This Article contends that beach access policy …

Safety, Crisis, And Criminal Law, Jenny E. Carroll

Faculty Scholarship

Concepts of safety and prevention of danger pervade the criminal law canon. Arizona is no exception. The state’s criminal systems pivot around central and entwined goals of protecting public safety and preventing danger. The state constitution permits pretrial detention both for the most serious offenses and when no other condition of release will adequately protect the community from the danger the accused’s freedom might pose. The rules of criminal procedure and the criminal code designate some offenses and actors “dangerous” and urge judges to weigh not only the accused’s risk of flight, but also his future dangerousness in making decisions …

Automated Pipeline Framework For Processing Of Large-Scale Building Energy Time Series Data, Arash Khalilnejad, Ahmad M. Karimi, Shreyas Kamath, Rojiar Haddadian, Roger H. French, Alexis R. Abramson

Faculty Scholarship

Commercial buildings account for one third of the total electricity consumption in the United States and a significant amount of this energy is wasted. Therefore, there is a need for “virtual” energy audits, to identify energy inefficiencies and their associated savings opportunities using methods that can be non-intrusive and automated for application to large populations of buildings. Here we demonstrate virtual energy audits applied to large populations of buildings’ time-series smart-meter data using a systematic approach and a fully automated Building Energy Analytics (BEA) Pipeline that unifies, cleans, stores and analyzes building energy datasets in a non-relational data warehouse for …

Understanding Wellbeing And Caregiver Commitment After Adoption Or Guardianship From Foster Care, Nancy Rolock

Faculty Scholarship

This study explored data obtained from surveys of caregivers who had previously adopted or assumed guardianship of a child from foster care in two U.S. states (N= 937). Descriptive analyses summarized the demographic and wellbeing characteristics of children and families, and multivariate regression models estimated the association between these variables and caregiver commitment. Consistent with previous research, most caregivers (> 80%) reported positive adjustment across measures, but some caregivers indicated family struggles, such as caregiver strain, child behavior difficulties, and lack of access to adoption-competent services. Higher caregiver commitment was associated with higher family nurturing and attachment, lower caregiver strain, …

Evidence Supporting The Value Of Surgical Procedures: Can We Do Better?, Jonathan J. Darrow, Christopher Robertson, Willard S. Kasoff

Faculty Scholarship

There is an acknowledged need for higher-quality evidence to quantify the benefit of surgical procedures, yet not enough has been done to improve the evidence base. This lack of evidence can prevent fully informed decision-making, lead to unnecessary or even harmful treatment, and contribute to wasteful expenditures of scare health care resources. Barriers to evidence generation include not only the long-recognized technical difficulties and ethical challenges of conducting randomized surgical trials, but also legal challenges that limit incentives to conduct surgical research as well as market-based challenges that make it difficult for those funding surgical research to recoup investment costs. …

Labor Redemption In Work Law, Andrew Elmore

Faculty Scholarship

People with criminal records must find and keep work to reintegrate into society. But private employers often categorically exclude candidates with criminal record histories, especially if the candidate is African American or Latinx. The conventional wisdom is that workplace laws offer little to address this problem. People with criminal records are not a protected class under Title VII, and many employers fear that hiring people with criminal records invites negligent hiring liability. Ban the Box privacy laws delay but may not deter overbroad criminal background checks

This Article challenges this standard account by shifting focus to the state in imposing …

Teaching English As A Foreign Language: A Case Study From Poland, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

This article presents a detailed history of the development of a particular immersion program to teach English to young Polish students. The program draws support from two organizations, the Kościuszko Foundation and the Polish Scouting Organization. Kościuszko Foundation is dedicated to strengthening the ties between the United States and Poland as well as to increase knowledge of Poland’s history and culture in the United States. The cooperation of these two organizations developed an experience of immersion in language and cultural exchange. Both the teachers and the students in this program benefited from the opportunity to engage in a number of …

Desirability Of Outcome Ranking For The Management Of Antimicrobial Therapy (Door Mat): A Framework For Assessing Antibiotic Selection Strategies In The Presence Of Drug Resistance, Brigid M. Wilson, Robin L.P. Jump, Federico Perez, Robert A. Bonomo

Faculty Scholarship

The complexities of antibiotic resistance mean that successful stewardship must consider both the effectiveness of a given antibiotic and the spectrum of that therapy to minimize imposing further selective pressure. To meet this challenge, we propose the Desirability of Outcome Ranking approach for the Management of Antimicrobial Therapy (DOOR MAT), a flexible quantitative framework that evaluates the desirability of antibiotic selection. Herein, we describe the steps required to implement DOOR MAT and present examples to illustrate how the desirability of treatment selection can be evaluated using resistance information. While treatments and the scoring of treatment selections must be adapted to …

Conceptualizing Spirituality And Religion As Psychological Processes: Validation Of The Factor Structure Of The Bmmrs, Brick Johnstone, Patricia Bruininks, Erin I. Smith, Dong Pil Yoon, Daniel Cohen, Laird Edman, Joseph Bankard, Charlotte Witvliet

Faculty Scholarship

This study validated previous principal component analyses of the Brief Multidimensional Measure of Religiousness/Spirituality (BMMRS) that have been conducted with persons with diverse medical conditions and traumatic brain injuries from diverse cultures (India, US), ethnicities (African American, Caucasian, South Asian), and religions (Christian, Hindu, Muslim). Participants included 398 healthy undergraduate students who completed the BMMRS online. A principal components factor analysis identified a five factor solution accounting for 64.00% of the variance in scores, labelled as: (1) Positive Spiritual Experience; (2) Negative Spiritual Experience/Congregational Support; (3) Forgiveness; (4) Religious Practices; and (5) Positive Congregational Support. The current analysis is supportive …

Testing The Strong Equivalence Principle: Detection Of The External Field Effect In Rotationally Supported Galaxies, Stacy S. Mcgaugh, Pengfei Li

Faculty Scholarship

The strong equivalence principle (SEP) distinguishes general relativity (GR) from other viable theories of gravity. The SEP demands that the internal dynamics of a self-gravitating system under freefall in an external gravitational field should not depend on the external field strength. We test the SEP by investigating the external field effect (EFE) in Milgromian dynamics (MOND), proposed as an alternative to dark matter in interpreting galactic kinematics. We report a detection of this EFE using galaxies from the Spitzer Photometry and Accurate Rotation Curves (SPARC) sample together with estimates of the large-scale external gravitational field from an all-sky galaxy catalog. …

Albuquerque Journal Interviews Joshua Kastenberg On New Benchmarks For Evidence Rules, Joshua Kastenberg, Isabella Alves

Faculty Scholarship

Joshua Kastenberg, University of New Mexico School of Law professor, said the opinion means eyewitness testimony will have to undergo more corroboration before being allowed into evidence. For example, he said there will also have to be surveillance camera footage or more than one person accurately describing the suspect before eyewitness testimony can be admitted.

Studies over the past three decades show that people are terrible at giving eyewitness testimony on people who are outside their own demographic, Kastenberg said. Police, generally unconsciously, played into that.

Before, federal law put eyewitness credibility in the “lap of the jury,” Kastenberg said. …

Is G-Csf Dangerous In Covid-19: Why Not Use Gm-Csf?, Hillard M. Lazarus

Faculty Scholarship

No abstract provided.

Petition Alleging Violations Of The Human Rights Of Lisa Montgomery By The United States Of America And Urgent Request For Precautionary Measures, Sandra L. Babcock, Zohra Ahmed, Veronica Cinibulk, Allison Franz, Gabriela Markolovic, Kelley Henry, Amy D. Harwell, Lisa G. Nouri

Faculty Scholarship

This is a petition filed on behalf of Lisa Montgomery. More about the case, as well as press releases and case documents, can be found on the case page at Cornell Center for Death Penalty Worldwide.

The New York Times Interviews Joshua Kastenberg On Election Day And Deployment Of The National Guard, Joshua Kastenberg, Dave Phillips

Faculty Scholarship

Federal troops have not been used to guard against election violence since the years after the Civil War when the Army was stationed across the South to put down the Ku Klux Klan and protect Black voters, said Joshua Kastenberg, a retired Air Force lieutenant colonel and military judge who teaches military law at the University of New Mexico School of Law.

“Presidents have historically been very reluctant to call out the Army. They’ve used the authority briefly and responsibly,” he said. But, he cautioned, there are almost no checks on the president’s power to send in troops. Challenges in …

Coops, Condos And Covid-19, Richard J. Sobelsohn

Faculty Scholarship

No abstract provided.

Caffeine Timing Improves Lower-Body Muscular Performance: A Randomized Trial, Patrick S. Harty, Hannah A. Zabriskie, Richard A. Stecker, Brad S. Currier, Grant M. Tinsley, Kazimierz Surowiec, Andrew R. Jagim, Scott R. Richmond, Chad Kerksick

Faculty Scholarship

To determine the optimal pre-exercise time interval to consume caffeine to improve lower-body muscular performance. A secondary aim was to identify the presence of any sex differences in responses to timed caffeine administration.

Facilitating Money Judgment Enforcement Between Canada And The United States, Paul George

Faculty Scholarship

The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private International Law (with U.S. participants, including the Uniform Law Commission) promulgated the new Hague Judgments Convention which harmonizes judgment recognition standards but leaves the domestication process to the enforcing jurisdiction. In August 2019, the Uniform Law Commission took a significant step to fill that gap, though limited to Canadian judgments. The Uniform Registration of Canadian Money Judgments Act provides a registration process similar to that for …

Water Diplomacy And Shared Resources Along The United States-Mexico Border, Maria Elena Giner, Gabriel Eckstein

Faculty Scholarship

The United States and Mexico are geographic neighbors with high economic asymmetry, but also a shared history and intense social, cultural, economic, and security relations. Over 15 million people reside along the U.S.-Mexico border and share an environment that includes many watersheds and air basins transcending political boundaries. Pollution impacts on both sides of the border have required a coordinated response at the local, state, and federal level.

At the federal level, a joint institution was created in in 1889 as the International Boundary Commission and later renamed the International Boundary and Water Commission to provide binational solutions to issues …

The Due Process Of Bail, Jenny E. Carroll

Faculty Scholarship

The Due Process Clause is a central tenet of criminal law’s constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Essay considers the lay of the bail due process landscape through the lens of the district court’s opinion in O’Donnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the O’Donnell court failed to characterize pretrial process as …

Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern

Faculty Scholarship

The right to sue and defend in the courts of the several states are essential privileges of citizenship. Eight generations ago, this right was unavailable to black people, because descendants of African slaves were never intended to be citizens. Then, and for years to come, local governments failed to protect African Americans from violence and discrimination and were sometimes complicit in those violations.

Qualified immunity was born in 1982 when the Supreme Court decided Harlow v. Fitzgerald. With an outflow of questionable court decisions shielding officers solely because they act under color of state law, it is time for the …

Fun With Reverse Ejusdem Generis, Jay D. Wexler

Faculty Scholarship

In the canon of statutory construction canons, perhaps no canon is more canonical than the canon known as ejusdem generis. This canon, which translates as “of the same kind,” states that when a statute includes a list of terms and a catch-all phrase, the set of items covered by the catch-all phrase is limited to the same kind or type of items that are in the list. The canon of ejusdem generis has a long and storied history in the law, has been used by judges in countless cases, and has been the subject of a large body of scholarly …