Digital Commons Network^™

Red River, White Law, Laura Spitz

Faculty Scholarship

No matter how well-intended, advocates reaching for personhood on behalf of rivers in the United States must think carefully about how to meaningfully engage the Indigenous peoples directly affected, or risk continuing practices of colonization. In that sense, the Colorado River case was a missed opportunity to contextualize the claim in terms of local Indigenous laws and cultures. Its dismissal provides an opportunity to reset and reach out before moving forward again.

Historic Partition Law Reform: A Game Changer For Heirs’ Property Owners, Thomas W. Mitchell

Faculty Scholarship

Over the course of several decades, many disadvantaged families who owned property under the tenancy-in-common form of ownership—property these families often referred to as heirs’ property—have had their property forcibly sold as a result of court-ordered partition sales. For several decades, repeated efforts to reform State partition laws produced little to no reform despite clear evidence that these laws unjustly harmed many families. This paper addresses the remarkable success of a model State statute named the Uniform Partition of Heirs Property Act (UPHPA), which has been enacted into law in several States since 2011, including in five southern States. The …

Interactions Of Polyproline Ii Helix Peptides With Iron(Iii) Oxide, Charles N. Loney, Cheyan Xu, Ashley Graybill, Julie N. Renner

Faculty Scholarship

Interactions of a peptide with polyproline II helical secondary structure with maghemite (iron(III) oxide, Fe2O3) surfaces were characterized using a variety of surface techniques. A quartz crystal microbalance with dissipation was used to measure the hydrated mass and thickness (92 ± 29 ng/cm2 and 0.89 ± 0.27 nm, respectively) of a layer which formed after a sensor coated with Fe2O3 was exposed to the peptide in aqueous solution. The analysis revealed that the peptide formed a stable thin layer on the sensor. X-ray photoelectron spectroscopy and Fourier-transform infrared spectroscopy of the monolayer were employed to study the relationship between the …

‘Off With Their Heads’ Won’T Make Abq Safer, George Bach, Robert Schwartz, David Stout

Faculty Scholarship

Frustrated by crime in Albuquerque and the time it will require to address it rationally, and, perhaps, spurred on by bail bondsmen with their own financial interests, some in Albuquerque seem to prefer the rantings of the Queen of Hearts in Alice in Wonderland to our Constitutional law.

The Xfp (17-Bm) Beamline For X-Ray Footprinting At Nsls-Ii, Awuri Asuru, Erik R. Farquhar, Michael Sullivan, Donald Abel, John Toomey, Mark R. Chance, Jen Bohon

Faculty Scholarship

Hydroxyl-radical mediated synchrotron X-ray footprinting (XF) is a powerful solution-state technique in structural biology for the study of macromolecular structure and dynamics of proteins and nucleic acids, with several synchrotron resources available to serve the XF community worldwide. The XFP (Biological X-ray Footprinting) beamline at the NSLS-II was constructed on a three-pole wiggler source at 17-BM to serve as the premier beamline for performing this technique, providing an unparalleled combination of high flux density broadband beam, flexibility in beam morphology, and sample handling capabilities specifically designed for XF experiments. The details of beamline design, beam measurements, and science commissioning results …

Financing The American Dream, David Reiss

Faculty Scholarship

No abstract provided.

The Benefits Of Equity In The Constitutional Quest For Equality, Wilfred Codrington Iii

Faculty Scholarship

No abstract provided.

Racial Indirection, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did …

Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman

Faculty Scholarship

Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …

Examining Gender Bias In Engineering In India, Roberta Rincon, Rachel M. Korn, Joan C. Williams

Faculty Scholarship

No abstract provided.

Bakke’S Lasting Legacy: Redefining The Landscape Of Equality And Liberty In Civil Rights Law, Rachel F. Moran

Faculty Scholarship

The fortieth anniversary of Regents of the University of California v. Bakke is worth commemorating simply because the decision has survived. The United States Supreme Court’s opinion upholding the use of race in admissions has had remarkable staying power, even as other programs of affirmative action, for example, in government contracting, have been struck down as unconstitutional. That longevity might seem surprising because Bakke set forth an exacting standard of strict scrutiny under equal protection law that renders all race-based classifications suspect, whether government officials are motivated by benign or invidious purposes. That standard is one that few programs can …

The Mixed Case For A Ptab Off-Ramp, Saurabh Vishnubhakat

Faculty Scholarship

This Essay begins from the emerging agenda in the political branches for reforming various aspects of the USPTO Patent Trial and Appeal Board, and focuses on a particular reform: the creation of a PTAB off-ramp whereby a patent being challenged in an administrative revocation proceeding could be removed into a system primarily aimed at amending its claims and preserving its validity. To put the proposal into perspective, the Essay presents specific empirical trends, largely unexplored until now, that implicate patent reliance interests to which the PTAB has done injury. Ultimately, because the benefits and costs from a PTAB off-ramp are …

Evolution, Not Transgenerational Plasticity, Explains The Adaptive Divergence Of Acorn Ant Thermal Tolerance Across An Urban–Rural Temperature Cline, Ryan A. Martin, Lacy D. Chick, Aaron R. Yilmaz, Sarah E. Diamond

Faculty Scholarship

Although studies increasingly disentangle phenotypic plasticity from evolutionary responses to environmental change, few test for transgenerational plasticity in this context. Here, we evaluate whether phenotypic divergence of acorn ants in response to urbanization is driven by transgenerational plasticity rather than evolution. F2 generation worker ants (offspring of laboratory-born queens) exhibited similar divergence among urban and rural populations as field-born worker ants, suggesting that evolutionary divergence rather than transgenerational plasticity was primarily responsible for shifts toward higher heat tolerance and diminished cold tolerance in urban acorn ants. Hybrid offspring from matings between urban and rural populations also indicated that evolutionary divergence …

Myometrial Transcriptional Signatures Of Human Parturition, Zachary Stanfield, Mark R. Chance, Sam Mesiano, Mehmet Koyutürk

Faculty Scholarship

The process of parturition involves the transformation of the quiescent myometrium (uterine smooth muscle) to the highly contractile laboring state. This is thought to be driven by changes in gene expression in myometrial cells. Despite the existence of multiple myometrial gene expression studies, the transcriptional programs that initiate labor are not known. Here, we integrated three transcriptome datasets, one novel (NCBI Gene Expression Ominibus: GSE80172) and two existing, to characterize the gene expression changes in myometrium associated with the onset of labor at term. Computational analyses including classification, singular value decomposition, pathway enrichment, and network inference were applied to individual …

How Lawyers Can Help Save The Planet, John C. Dernbach, Michael B. Gerrard

Faculty Scholarship

No abstract provided.

Use Of A Whole-Cell Elisa To Detect Additional Antibodies In Setting Of Suspected Heparin-Induced Thrombocytopenia, Eva M. Bashover, Catherine M. Stefaniuk, Clifford V. Harding, Robert W. Maitta

Faculty Scholarship

OBJECTIVES: Type II heparin-induced thrombocytopenia (HIT) is mediated by formation of antibodies to platelet factor 4 (PF4)-heparin complexes. We evaluated anti-PF4-heparin-negative samples for the presence of additional anti-platelet and anti-red blood cell (RBC) antibodies using whole-cell platelet/ RBC ELISAs we developed. METHODS: Seventy-three samples tested for anti-PF4-heparin by ELISA were included: 62 tested negative, 9 tested positive, and 2 had equivocal results. Plasma specimens from healthy donors were used as controls. RESULTS: 100% (9/9) anti-PF4-positive samples had anti-platelet antibodies detected by whole-cell platelet ELISA. 42.2% (27/64) anti-PF4-heparin-negative samples were negative for anti-platelet and anti-RBC antibodies. 32.8% (21/64) negative samples showed …

Newsy Interviews Maryam Ahranjani, Are Armed ‘Guardian Patriots’ At Us-Mexico Border Breaking The Law?, Maryam Ahranjani

Faculty Scholarship

So, I think that there are a number of potential charges here under state law. As I mentioned, false imprisonment. … New Mexico law defines false imprisonment as intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so. ... Kidnapping, which is a more serious charge, is another potential charge. And that requires the unlawful taking, restraining, transporting or confining of a person by force, intimidation or deception.

They're not in a position to advocate for themselves. Generally, they don't speak English. Generally, they don't know whether they do …

Building Intellectual Property Infrastructure Along China’S Belt And Road, Peter K. Yu

Faculty Scholarship

In the past decade, China has played pivotal roles in developing initiatives such as the BRICS Summit, the Regional Comprehensive Economic Partnership, the New Development Bank and the Asian Infrastructure Investment Bank. China has also negotiated a number of bilateral and regional free trade agreements, connecting the country to markets in Asia, Australasia, Europe, South America and other parts of the world. Many of these agreements include provisions or chapters on intellectual property protection and enforcement.

One new initiative that has not received much scholarly and policy attention from intellectual property commentators concerns the slowly emerging "One Belt, One Road" …

Law And The Future Of A Free Press, David D. Meyer

Faculty Scholarship

No abstract provided.

Investing In A Qualified Opportunity Fund: A Viable Alternative To A Section 1031 Drop-Swap Cash-Out, Bradley T. Borden

Faculty Scholarship

No abstract provided.

The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen

Faculty Scholarship

This article will explore on the portrayal of lawyers and the legal system in Daredevil comic books, particularly issues published in the Twenty-First Century. Because the Daredevil movie and the first two seasons of the Netflix television series have already been examined from various legal perspectives in past articles, this piece will highlight legal storylines from the comics themselves. This exploration is important because writers of future Netflix seasons will surely draw story elements from the comics discussed here and will very likely adapt these exact stories, encouraging the larger television audience to seek out and read the original comics. …

Mugshots And The Press-Privacy Dilemma, Amy Gajda

Faculty Scholarship

No abstract provided.

Reforming Pensions While Retaining Shareholder Voice, David H. Webber

Faculty Scholarship

Public pension and labor union funds have been the driving force in diversified shareholder activism. They have also fended off attacks on jobs and proactively created jobs for fund contributors. These funds currently represent almost $4 trillion in assets over which workers have substantial control. That worker control - and the collective nature of defined benefit pension plans - is the necessary precondition for their shareholder activism. Both worker control and collective investment are directly threatened by the rise of defined contribution funds, particularly by well-funded efforts to promote the 401(k) in the public sector, the last bastion of the …

Investing In A Qualified Opportunity Fund: A Viable Alternative To A Section 1031 Drop-Swap Cash-Out, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Successful And Unsuccessful Attempts To Swallow In A Reduced Aplysia Preparation Regulate Feeding Responses And Produce Memory At Different Neural Sites, Jeffrey M. Mcmanus, Hillel J. Chiel

Faculty Scholarship

Sensory feedback shapes ongoing behavior and may produce learning and memory. Motor responses to edible or inedible food in a reduced Aplysia preparation were examined to test how sensory feedback affects behavior and memory. Feeding patterns were initiated by applying a cholinomimetic onto the cerebral ganglion. Feedback from buccal muscles increased the response variability and response rate. Repeated application of the cholinomimetic caused decreased responses, expressed in part by lengthening protractions. Swallowing strips of "edible" food, which in intact animals induces learning that enhances ingestion, increased the response rate, and shortened the protraction length, reflecting more swallowing. Testing memory by …

One Dollar, One Vote: Mark-To-Market Governance In Bankruptcy, Edward J. Janger, Adam J. Levitan

Faculty Scholarship

No abstract provided.

Fear And Lawyering, Heidi K. Brown

Faculty Scholarship

No abstract provided.

'''Male Chauvinism’ Is Under Attack From All Sides At Present"': Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain

Faculty Scholarship

Today, many take it for granted that discriminating against women in the marketplace is illegal and morally wrong. Roberts v. United States Jaycees (1984) remains a foundational case on government’s compelling interest in prohibiting sex (or gender) discrimination in public accommodations, even in the face of First Amendment claims of freedom of association and expression. Curiously, Jaycees seems comparatively neglected by legal scholars, if measured by the cases included in the various collections of “law stories” or “rewritten opinions” projects. Looking back at the Jaycees litigation reveals the parties wrestling over the reach of public accommodations law and the force …

The Specter Of The Giant Three, Lucian Bebchuk, Scott Hirst

Faculty Scholarship

This Article examines the large, steady, and continuing growth of the Big Three index fund managers — BlackRock, Vanguard, and State Street Global Advisors. We show that there is a real prospect that index funds will continue to grow, and that voting in most significant public companies will come to be dominated by the future “Giant Three.”
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/="/">We begin by analyzing the drivers of the rise of the Big Three, including the structural factors that are leading to the heavy concentration of the index funds sector. We then provide empirical evidence about the past growth and current status …