Digital Commons Network^™

Muscle Adaptations To High-Load Training And Very Low-Load Training With And Without Blood Flow Restriction, Matthew B. Jessee, Samuel L. Buckner, J. Grant Mouser, Kevin T. Mattocks, Scott J. Dankel, Takashi Abe, Zachary W. Bell, John P. Bentley, Jeremy P. Loenneke

Faculty Scholarship

An inability to lift loads great enough to disrupt muscular blood flow may impair the ability to fatigue muscles, compromising the hypertrophic response. It is unknown what level of blood flow restriction (BFR) pressure, if any, is necessary to reach failure at very low-loads [i.e., 15% one-repetition maximum (1RM)]. The purpose of this study was to investigate muscular adaptations following resistance training with a very low-load alone (15/0), with moderate BFR (15/40), or with high BFR (15/80), and compare them to traditional high-load (70/0) resistance training. Using a within/between subject design, healthy young participants (n = 40) performed four …

Letter To Council Members Regarding Council Draft 2, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We understand that the ALI Council will consider Council Draft 2 (CD2) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 18-19, 2018. We have had – and continue to have – significant concerns about the project and the work to date. We note that numerous parties have expressed concerns about CD2, including the US Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, academics and other Advisers, and that the US Copyright Office and the New York City Bar Association’s Committee on Copyright and Literary Property have done so …

Farewell To The Felonry, Alice Ristroph

Faculty Scholarship

No abstract provided.

Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar

Faculty Scholarship

No abstract provided.

The Practice And Tax Consequences Of Nonqualified Deferred Compensation, David I. Walker

Faculty Scholarship

Although nonqualified deferred compensation plans lack explicit tax preferences afforded qualified plans, it is well understood that nonqualified deferred compensation results in a joint tax advantage when employers earn a higher after‐tax return on deferred sums than employees could do on their own. Several commentators have proposed tax reform aimed at leveling the playing field between cash and nonqualified deferred compensation, but reform would not be easy or straightforward. This Article investigates nonqualified deferred compensation practices and shows that joint tax minimization often takes a backseat to accounting priorities and participant diversification concerns. In practice, the largest source of joint …

The Law Officer (Lo) And Compliance Officer (Co): Status, Function, Liabilities, And Relationship, Tamar Frankel

Faculty Scholarship

The rise of Compliance officers (COs) has raised questions about their status in institutions and comparisons to the Legal Officers (CLOs). While both officers deal with law and its enforcement, their functions and positions differ in fundamental ways. And while LOs position is recognized, the status of COs is evolving. However, these differences are slowly becoming clearer.

1. While the LO’s function is to provide legal advice to the institutional client, the CO’s function is to (i) evaluate the institution’s activities before violations take place and (ii) help prevent violations of the law by the institution. The CO should detect …

The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram

Faculty Scholarship

Most Arab countries have not ratified the 1951 Refugee Convention/1967 Protocol or the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness has no ratifications in the Middle East. While regional conventions dealing with refugees in the Arab world have been developed, they have been honoured primarily in the breach. Further, many Arab countries do not have domestic laws governing the status of refugees or stateless persons per se, but have applied ad hoc policies to the waves of refugees that have entered and stayed – some for decades – in …

Introduction And Geographic Availability Of New Antibiotics Approved Between 1999 And 2014, Cecilia Kållberg, Christine Årdal, Hege Salvesen Blix, Eili Klein, Elena Martinez, Morten Lindbæk, Kevin Outterson, John-Arne Røttingen, Ramanan Laxminarayan

Faculty Scholarship

Despite the urgent need for new, effective antibiotics, few antibiotics of value have entered the market during the past decades. Therefore, incentives have been developed to stimulate antibiotic R&D. For these incentives to be effective, geographic availability for recently approved antibiotics needs to be better understood. In this study, we analyze geographic availability and market introduction of antibiotics approved between 1999 and 2014.

Oligopoly Pricing And Richard Posner, Keith N. Hylton

Faculty Scholarship

Over a span of nearly 50 years Richard Posner’s voice has loomed large over the subject of oligopoly pricingand antitrust. The span begins in 1969 with Posner’s publication of “Oligopoly and the Antitrust Laws: A Suggested Approach,” which argues for more aggressive enforcement of Section 1 in cases involving circumstantial evidence of conspiracy. The span ends with Posner’s opinion in In re Text Messaging Antitrust Litigation, in 2015. The two writings, the first an academic article published early in Posner’s career and the second a judicial opinion published near the end of his time on the bench, suggest very different …

Experiential Organizing: Pursuing Relational And Bureaucratic Goals Through Symbolically And Experientially Oriented Work, Keimei Sugiyama, John Paul Stephens

Faculty Scholarship

Current scholarship on organizational practices that foster a sense of care and collaboration in work relationships has yet to fully account for the potential misalignment between the goals of a given practice and how it is actually experienced. To address this issue, we develop a theoretical framework of experiential organizing, which we define as an iterative process through which positive relational and bureaucratic goals of a practice are pursued via symbolically and experientially oriented work. We offer theory to explain how organizations move through the experiential organizing process, what different types of work are required, and how the different parts …

A Cognitive Theory Of The Third-Party Doctrine And Digital Papers, H. Brian Holland

Faculty Scholarship

For nearly 200 years, an individual’s personal papers enjoyed near-absolute protection from government search and seizure. That is no longer the case. With the widespread adoption of cloud-based information processing and storage services, the third-party doctrine operates to effectively strip our digital papers of meaningful Fourth Amendment protections.

This Article presents a new approach to reconciling current third-party doctrine with the technological realities of modern personal information processing. Our most sensitive data is now processed and stored on cloud computing systems owned and operated by third parties. Although we may consider these services to be private and generally secure, the …

Understanding Post Adoption And Guardianship Instability For Children And Youth Who Exit Foster Care: Literature Review And Conceptual Framework, Nancy Rolock

Faculty Scholarship

The goal of this literature review is to provide a comprehensive overview of the rates of post adoption and guardianship instability, report on the associated risks and protective factors, and summarize findings related to the available services and supports available to families who have adopted or assumed guardianship of children in foster care. The information gathered has guided the development of a conceptual framework presented in this review. The purpose of the literature review and conceptual framework on post adoption and guardianship instability is to guide the identification of relevant policies, examine constructs in datasets, and investigate research designs that …

Jedi Training: Developing Habits Of Perception In Our Disciplines, Gillian Parrish

Faculty Scholarship

As longtime practitioners in our disciplines, we develop implicit skills that can be the source of some of the deepest learning for our students. In his book Experience and Education, John Dewey describes habit as “the formation of attitudes, attitudes that are emotional and intellectual…our basic sensitivities and ways of responding to all the conditions we meet in living” (35). Experiencing implies the sensing body, embodied learning, and Dewey does not shy away from the emotional dimensions of learning—both of which are often where the deepest learning happens, where students’ passion for a discipline ignites, and where experts’ best …

Characterization Of The Neuroinflammatory Response To Thiol-Ene Shape Memory Polymer Coated Intracortical Microelectrodes, Andrew J. Shoffstall, Marina Yu, Jennifer E. Paiz, Elizabeth Mancuso, Hillary W. Bedell, Jeffrey R. Capadona

Faculty Scholarship

Thiol-ene based shape memory polymers (SMPs) have been developed for use as intracortical microelectrode substrates. The unique chemistry provides precise control over the mechanical and thermal glass-transition properties. As a result, SMP substrates are stiff at room temperature, allowing for insertion into the brain without buckling and subsequently soften in response to body temperatures, reducing the mechanical mismatch between device and tissue. Since the surface chemistry of the materials can contribute significantly to the ultimate biocompatibility, as a first step in the characterization of our SMPs, we sought to isolate the biological response to the implanted material surface without regards …

Infections In Older Adults: A Case-Based Discussion Series Emphasizing Antibiotic Stewardship, Alyson Michener, Robin L.P. Jump

Faculty Scholarship

Introduction: Compared with younger populations, adults 65 years and older are more likely to suffer infection-related morbidity and mortality, experience antibiotic-related adverse events, and acquire multidrug-resistant organisms. We developed a series of case-based discussions that stressed antibiotic stewardship while addressing management of common infections in older adults. Methods: Five 1-hour case-based discussions address recognition, diagnosis, and management of infections common in older adults, including those living in long-term care settings: urinary tract infections, upper respiratory tract infections, lower respiratory tract infections, skin and soft tissue infections, and Clostridium difficile infection. The education was implemented at the skilled nursing centers at …

Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Meg Penrose

Faculty Scholarship

Article Extract:

I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising …

Bridging Rhetoric And Pragmatics With Relevance Theory, Brian N. Larson

Faculty Scholarship

In this chapter, I bridge rhetoric and pragmatics, both of which concern themselves with language-in-use and meaning-making beyond formal syntax and semantics. Previous efforts to link these fields have failed, but Sperber and Wilson’s relevance theory (RT), an approach to experimental pragmatics grounded in cognitive science, offers the bridge. I begin by reviewing Gricean pragmatics and its incompatibility with rhetoric and cognitive science. I then sketch RT, but importantly, I identify revisions to RT that make it a powerful tool for rhetorical analysis, a cognitive pragmatic rhetorical (CPR) theory. CPR theory strengthens RT by clarifying what it means to be …

Will Courts Allow States To Regulate Drug Prices?, Christopher Robertson

Faculty Scholarship

Pharmaceuticals are consuming increasingly large portions of U.S. state budgets, and high prices are preventing patients from getting, and adhering to, essential medicines. In mid-May 2018, President Donald Trump announced a heavily hyped but relatively modest federal plan to bring down drug prices. Meanwhile, several states are moving forward with their own solutions, and Maryland’s approach is particularly ambitious. In 2017, responding to notorious cases such as the 5000% increase in the cost of Daraprim (pyrimethamine) and the 10-fold increase in the cost of EpiPens (epinephrine auto-injectors), Maryland enacted a statute that prohibits manufacturers from “price gouging” on any “essential …

Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Faculty Scholarship

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.

The Curious Policy Implications Of In Re Semcrude: Do Crude Oil Markets Need A Volcker Rule?, Joseph A. Schremmer

Faculty Scholarship

In the summer of 2008 the nation's largest and fastest growing midstream crude oil purchaser, SemCrude, declared bankruptcy. SemCrude's demise was not the result of a bear market but of its taste for risky options trading. The bankruptcy pitted the competing liens of thousands of unpaid oil and gas producers and royalty owners who sold their crude oil to SemCrude at the wellhead against those of SemCrude's lenders and the claims of downstream purchasers. The Bankruptcy Court for the Federal District of Delaware found none of the producers' lien rights to be perfected under applicable law and awarded priority to …

Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith

Faculty Scholarship

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the jury …

Disruptive Philanthropy: Chan-Zuckerberg, The Limited Liability Company, And The Millionaire Next Door, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Patient Safety And The Ageing Physician: A Qualitative Study Of Key Stakeholder Attitudes And Experiences, Andrew A. White, William M. Sage, Paulina H. Osinska, Monica J. Salgaonkar, Thomas H. Gallagher

Faculty Scholarship

Background Unprecedented numbers of physicians are practicing past age 65. Unlike other safety-conscious industries, such as aviation, medicine lacks robust systems to ensure late-career physician (LCP) competence while promoting career longevity.

Objective To describe the attitudes of key stakeholders about the oversight of LCPs and principles that might shape policy development.

Design Thematic content analysis of interviews and focus groups.

Participants 40 representatives of stakeholder groups including state medical board leaders, institutional chief medical officers, senior physicians (>65 years old), patient advocates (patients or family members in advocacy roles), nurses and junior physicians. Participants represented a balanced sample from …

The Use Of Force And Cyber Countermeasures, Gary Corn, Eric Talbot Jensen

Faculty Scholarship

In a global environment where most unfriendly acts between nations fall below the threshold of a use of force, the doctrine of countermeasures can be an important tool for states. However, in the realm of cyber operations, the rules governing the application of countermeasures result in unrealistic constraints on states. Particularly when compared with the much lesser constraints on the exercise of self-defense, limitations such as the prohibitions on anticipatory and collective countermeasures, the requirement to provide prior notice, and the unavailability of countermeasures to confront non-state actors highlight this imbalance. Cyber countermeasures are uniquely situated to become an effective …

A Poor Mother's Right To Privacy: A Review, Danielle K. Citron

Faculty Scholarship

Collecting personal data is a feature of daily life. Businesses, advertisers, agencies, and law enforcement amass massive reservoirs of our personal data. This state of affairs—what I am calling the “collection imperative”—is justified in the name of efficiency, convenience, and security. The unbridled collection of personal data, meanwhile, leads to abuses. Public and private entities have disproportionate power over individuals and groups whose information they have amassed. Nowhere is that power disparity more evident than for the state’s surveillance of the indigent. Poor mothers, in particular, have vanishingly little privacy. Whether or not poor mothers receive subsidized prenatal care, the …

To All Government Lawyers, Roger Left You A Note: Tribute To Roger C. Cramton, Susan P. Koniak

Faculty Scholarship

Roger's contribution to the field of legal ethics cannot be overstated. A prolific scholar, first class teacher, and energetic participant in many important debates at the ALI, ABA, and other fora on what the law governing lawyers should be, there are few, if any, who have contributed more. But when asked to write about Roger's contribution to the field of legal ethics-a field still much maligned but which Roger did all he could to elevate-I was not lost in a sea of this and that; one article of his immediately came to mind.

Race Analysis In An African American Majority Sample Of Individuals With Serious Mental Illness And Comorbid Diabetes Participating In A Self-Management Research Treatment Trail, Martha Sajatovic, Molly Howland, Douglas Gunzler, Kristin A. Cassidy, Richard Mccormick, Thomas Scheidemantel, Charles Thomas, Carol Blixen, Neal V. Dawson

Faculty Scholarship

Objectives: Targeted Training in Illness Management (TTIM) focuses on enhancing care engagement for people living with serious mental illness and diabetes. This secondary analysis from a 60-week, randomized controlled trial of TTIM versus treatment as usual evaluated racial subgroup outcomes. Method: Demographics, clinical characteristics, and diabetes status were evaluated for those self-identifying as non-Hispanic White, African American, and Hispanic. Longitudinal response to TTIM was evaluated using a multiple domain risk index. Due to their small sample size; those identifying as Hispanic were excluded from this analysis. Results: Non-Hispanic White participants had greater baseline socioeconomic advantages. Baseline risk scores, glycosylated hemoglobin …

Ultrastructural Changes In Peripheral Blood Leukocytes In Α-Synuclein Knockout Mice, Hammad Tashkandi, Afshin Shameli, Clifford V. Harding, Robert W. Maitta

Faculty Scholarship

Effects of α-synuclein deficiency on cellular blood components have not been extensively investigated. This study evaluated ultrastructural changes of leukocytes in α-synuclein knockout (KO) mice using electron microscopy (EM). The following ultrastructural characteristics were quantified in leukocytes: mitochondria, primary granules, specific granules (SG), Golgi apparatus (GA), inclusions, rough-endoplasmic reticulum (RER), smooth-endoplasmic reticulum (SER), and cellular projections (CP). EM showed increased numbers or amounts of SG, inclusions, and SER in KO group (5.3 ± 4.5 in WT vs. 14.1 ± 10.3 in KO, p = 0.02; 0.4 ± 0.9 in WT vs. 3.2 ± 2.8 in KO, p = 0.007; and …

Multidomain Architecture Of Estrogen Receptor Reveals Interfacial Cross-Talk Between Its Dna-Binding And Ligand-Binding Domains, Wei Huang, Yi Peng, Janna G. Kiselar, Xuan Zhao, Aljawharah Albaqami, Daniel Mendez, Yinghua Chen, Hung-Ying Kao, Mark R. Chance, Sichun Yang

Faculty Scholarship

Human estrogen receptor alpha (hERα) is a hormone-responsive nuclear receptor (NR) involved in cell growth and survival that contains both a DNA-binding domain (DBD) and a ligand-binding domain (LBD). Functionally relevant inter-domain interactions between the DBD and LBD have been observed in several other NRs, but for hERα, the detailed structural architecture of the complex is unknown. By utilizing integrated complementary techniques of small-angle X-ray scattering, hydroxyl radical protein footprinting and computational modeling, here we report an asymmetric L-shaped “boot” structure of the multidomain hERα and identify the specific sites on each domain at the domain interface involved in DBD–LBD …

Taxing & Zapping Marijuana: Blockchain Compliance In The Trump Administration Part 4, Richard Thompson Ainsworth, Brendan Magauran

Faculty Scholarship

This is the fourth of a five-part series dealing with the rescission by U.S. Attorney General Jeff Sessions of the Obama-era policy that discouraged federal prosecutors from bringing charges in all but the most serious marijuana cases.

This article focuses on retail-level frauds. It proposes a limited purpose crypto currency. At the retail level the MJ Freeway or METRC software essentially functions as a marijuana-industry-specific point of sale (POS) system. It is common in retail for different industry sectors (restaurants, hotels, convenience stores, or gasoline stations) to have market-specific POS systems that are molded to fit the unique characteristics of …