Digital Commons Network^™

#Worstplaintiffever: Popular Public Shaming And Pseudonymous Plaintiffs, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

Redefining Parental Rights: The Case Of Corporal Punishment, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

The First Real-Time Blockchain Vat - Gcc Solves Mtic Fraud, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

Following years of study the Gulf Cooperation Council (GCC) appears ready to adopt the recommendations of the International Monetary Fund (IMF) and put in place a tax system that will stabilize revenue. A value added tax (VAT) and corporate income tax (CIT) are considered. A VAT Framework Agreement, that functions like the VAT Directive in the EU, has been agreed.

Although new, the GCC VAT is very worthy of attention. From a tax policy perspective, it is making notable improvements to EU VAT design. The GCC VAT is (potentially) the world’s first real-time, blockchain-secured, multi-jurisdictional VAT. This is a remarkable …

The Promise Of Lutie A. Lytle: An Introduction To The Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop Iowa Law Review Issue, Angela Onwuachi-Willig

Faculty Scholarship

It is with great pleasure and pride that I offer this introduction and welcome to this special Iowa Law Review issue in celebration of the Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop. Named after Lutie A. Lytle, an African American woman who became the first female law professor in the nation (and, likely, in the world) in 1897, the Workshop has afforded diverse law faculty an unparalleled opportunity to prepare for the job market; to develop teaching and leadership skills; to hone scholarly agendas; and to workshop articles, book proposals, and "ideas-inprogress" since its founding at …

Command Responsibility In The Twenty-First Century: The United States Basic Framework And Future Military (And Quasi-Military) Operations, Joshua E. Kastenberg

Faculty Scholarship

The article analyzes the constitutional basis of command responsibility as well as how this responsibility has been shaped by the Judicial Branch and Congress. It also briefly discusses the application of international law and human rights norms in the context of two models of future operations and the corresponding potential for command liability, beginning with the Commander in Chief. This article focuses on two principle areas of consideration. The first involves the use of non-military personnel who assist or take part in quasi-military roles. An increasing concern arises from questions over the extent of responsibility of United States command authorities …

Body Esteem And Appearance-Based Self-Worth: A Test Of Religious Moderators In Men And Women, Mary Inman, Charlotte Witvliet

Faculty Scholarship

Basing self-worth on appearance is inversely related to women’s body esteem, but studies have not examined whether religious factors moderate this relationship in women or men—controlling for positive and negative affect. We tested two possible moderators: basing self-worth on when one has God’s (conditional) love or having positive attitudes toward God (trusting and feeling loved and supported by an all-knowing and all-powerful God). In women (N=287) and men (N=124), correlations showed that basing self-worth on appearance was negatively related to body esteem, whereas positive attitudes toward God were positively related to body esteem. In women, basing self-worth on perceptions of …

Complex Multimorbidity And Health Outcomes In Older Adult Cancer Survivors, Nicholas K. Schiltz, Kurt C. Stange, Cynthia Owusu, Nathan A. Berger, Siran M. Koroukian

Faculty Scholarship

Objective: To characterize complex multimorbidity among cancer survivors and evaluate the association between cancer survivorship, time since cancer diagnosis, and self-reported fair/poor health, self-rated worse health in 2 years, and 2-year mortality. Methods: We used the 2010-2012 Health and Retirement Study. Cancer survivors were individuals who reported a (nonskin) cancer diagnosis 2 years or more before the interview. We defined complex multimorbidity as the co-occurrence of chronic conditions, functional limitations, and/or geriatric syndromes. In addition to descriptive analyses, we used logistic regression to evaluate the independent association between cancer survivor status and health outcomes. We also examined whether cancer survivorship …

The Agency Problems Of Institutional Investors, Lucian A. Bebchuk, Alma Cohen, Scott Hirst

Faculty Scholarship

We analyze how the rise of institutional investors has transformed the governance landscape. While corporate ownership is now concentrated in the hands of institutional investors that can exercise stewardship of those corporations that would be impossible for dispersed shareholders, the investment managers of these institutional investors have agency problems vis-à-vis their own investors. We develop an analytical framework for examining these agency problems and apply it to study several key types of investment managers.
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/="/">We analyze how the investment managers of mutual funds - both index funds and actively managed funds - have incentives to under-spend on stewardship …

Winds Of Change: James Madison University Libraries' Participation In The Viva/Zepheira/Atlas Linked Data Pilot, Steven W. Holloway, Rebecca B. French

Faculty Scholarship

The Virtual Library of Virginia Consortium (VIVA) contracted in 2016 with Zepheira and Atlas to launch a pilot project using archives/special collections records from ten member schools in a Linked Data experiment. The records are converted to Zepheira's form of BIBFRAME 1.0 and published in their Library.Link program. Zepheira's structured data approach to Linked Data web publication is extreme, unique, and promising. We will describe how James Madison University enriched its bib records with LC, FAST, and AAT URIs, what the resulting Zepheira structured data injection looks like, and how effectively the method is driving web traffic to our Library.Link …

Selective Inhibition Of Small-Diameter Axons Using Infrared Light, Emilie H. Lothet, Kendrick M. Shaw, Hui Lu, Junqi Zhuo, Yves T. Wang, Shi Gu, Hillel J. Chiel, Michael W. Jenkins

Faculty Scholarship

Novel clinical treatments to target peripheral nerves are being developed which primarily use electrical current. Recently, infrared (IR) light was shown to inhibit peripheral nerves with high spatial and temporal specificity. Here, for the first time, we demonstrate that IR can selectively and reversibly inhibit small-diameter axons at lower radiant exposures than large-diameter axons. We provide a mathematical rationale, and then demonstrate it experimentally in individual axons of identified neurons in the marine mollusk Aplysia californica, and in axons within the vagus nerve of a mammal, the musk shrew Suncus murinus. The ability to selectively, rapidly, and reversibly control small-diameter …

2-Thiouracil Intersystem Crossing Photodynamics Studied By Wavelength-Dependent Photoelectron And Transient Absorption Spectroscopies, Brennan Ashwood, Marvin Pollum, Carlos E. Crespo-Hernández

Faculty Scholarship

Single-atom substitution within a natural nucleobase - such as replacing oxygen by sulfur in uracil - can result in drastic changes in the relaxation dynamics after UV excitation. While the photodynamics of natural nucleobases like uracil are dominated by pathways along singlet excited states, the photodynamics of thiobases like 2-thiouracil populate the triplet manifold with near unity quantum yield. In the present study, a synergistic approach based on time-resolved photoelectron spectroscopy (TRPES), time-resolved absorption spectroscopy (TRAS), and ab initio computations has been particularly successful at unraveling the underlying photophysical principles and describing the dissimilarities between the natural and substituted nucleobases. …

Britten’S Slippery Semitone And Motivic Intertextuality In The Poet’S Echo, Op. 76, And Serenade, Op. 31, Clare Sher Ling Eng

Faculty Scholarship

Britten wrote a number of vocal works that compose bouquets of poems around a central theme.  In these themed song cycles, he often uses motives to forge connections between different poems, suggesting intertextual relationships that transcend the original meaning of the poems, but render the song cycle more cohesive by underscoring its thematic unity.  This chapter focuses on the motif of the semitone, which I nickname Britten’s Slippery Semitone.  This motif is not unique to Britten, but he masterfully manipulates it in his music.  I show that the Slippery Semitone underlies some of the most characteristic features of Britten’s music, …

Reconceptualizing The Whistleblower's Dilemma, Miriam Baer

Faculty Scholarship

No abstract provided.

Qualitative Diversity: Affirmative Action's New Reframe, Eang L. Ngov

Faculty Scholarship

No abstract provided.

Geographical Indications Between Trade, Development, Culture, And Marketing: Framing A Fair(Er) System Of Protection In The Global Economy?, Irene Calboli

Faculty Scholarship

This chapter analyzes some of the topics on the current debate involving geographical indications (GIs) of origin that will be further elaborated by the contributors to this volume from a variety of perspectives and angles. As the title indicates, this volume focuses on GI protection “at the crossroads of trade, development, and culture,” with a specific focus on the countries in the Asia-Pacific region. This choice is due primarily to the fact that the analysis of issues related to GI protection in this region is, to date, not as extensive as the analysis in other regions, particularly in the Western …

Malulani And The Entrenchment Of Mechanical Analysis Of Related-Party Exchange Rules, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Climate Control: Gender And Racial Bias In Engineering?, Su Li, Roberta Rincon, Joan C. Williams

Faculty Scholarship

The concept of implicit bias is typically studied by behavioral and cognitive psychologists who seek to gain information on brain patterns versus how those patterns show up in the workplace. Thirty years of social science research have documented that although explicit bias against women and other under-represented groups is far less common today, subtle (or implicit) bias remains rampant. There have not been many studies systematically measuring implicit bias in daily interactions (categorized in this paper into four types of bias: Prove-It-Again, Tightrope, Tug of War, and Maternal Wall) and at different stages for workplace process (eg. Hiring, performance evaluations, …

Interpretation Catalysts In Cyberspace, Rebecca Ingber

Faculty Scholarship

The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …

Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold, Wendy J. Gordon

Faculty Scholarship

My own view is that Goold overstates the explanatory role of tort law. But even were that not the case, the courts need to reach some kind of “settled” understanding on these various interests before a cause of action is created or definitively rejected, and that no such consensus on the three matters mentioned yet exists, whether they are viewed as forms of tort or otherwise. Goold’s work may nevertheless be an important step toward reaching closure on these and other open questions in copyright law.

Toward A Critical Race Theory Of Evidence, Jasmine Gonzales Rose

Faculty Scholarship

Scholars, judges, and lawyers have long believed that evidence rules apply equally to all persons regardless of race. This Article challenges this assumption and reveals how evidence law structurally disadvantages people of color. A critical race analysis of stand-your-ground defenses, cross-racial eyewitness misidentifications, and minority flight from racially-targeted police profiling and violence uncovers the existence of a dual-race evidentiary system. This system is reminiscent of nineteenth century race-based witness competency rules that barred people of color from testifying against white people. I deconstruct this problem and introduce the original concept of “racialized reality evidence.” This construct demonstrates how evidence of …

Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp

Faculty Scholarship

Amici curiae, legal experts in international and constitutional law, believe that a majority of the en banc panel in Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016) (en banc), mistakenly affirmed Ali Hamza Ahmad Suliman al Bahlul’s conviction by a military commission for a non-international war crime. The main concurring opinion in that case misconceived how international law defines the jurisdiction of law-of-war military commissions. As amici argue below, it is the Constitution—not international law—that limits the jurisdiction of lawof-war military commissions.

A Mixed Methods Study Of Multiple Health Behaviors Among Individuals With Stroke, Matthew Plow, Shirley M. Moore, Martha Sajatovic

Faculty Scholarship

Background: Individuals with stroke often have multiple cardiovascular risk factors that necessitate promoting engagement in multiple health behaviors. However, ob-servational studies of individuals with stroke have typically focused on promoting a single health behavior. Thus, there is a poor understanding of linkages between healthy behaviors and the circumstances in which factors, such as stroke impairments, may influence a single or multiple health behaviors. Methods. We conducted a mixed methods convergent parallel study of 25 individuals with stroke to examine the relationships between stroke impairments and physical activity, sleep, and nutrition. Our goal was to gain further insight into possible strategies …

A Randomized Controlled Trial Of Individual Versus Group-Format Exercise And Self-Management In Individuals With Parkinson's Disease And Comorbid Depression, Martha Sajatovic, Ellen M. Walter, Curtis M. Tatsuoka, Steven A. Gunzler, Christina M. Whitney, Benjamin L. Walter

Faculty Scholarship

Background: Depression is common in people with Parkinson’s disease (PD), and exercise is known to improve depression and PD. However, lack of motivation and low self-efficacy can make exercise difficult for people with PD and comorbid depression (PD-Dep). A combined group exercise and chronic disease self-management (CDSM) program may improve the likelihood that individuals will engage in exercise and will show a reduction in depression symptoms. The purpose of this study was to compare changes in depression in PD-Dep between individual versus group exercise plus CDSM and to examine participant adherence and perception of the interventions. Methods: Participants (N=30) were …

Predictive Models Of Poly(Ethylene-Terephthalate) Film Degradation Under Multi-Factor Accelerated Weathering Exposures, Abdulkerim Gok, David K. Ngendahimana, Cara L. Fagerholm, Roger H. French, Jiayang Sun, Laura S. Bruckman

Faculty Scholarship

Accelerated weathering exposures were performed on poly(ethylene-terephthalate) (PET) films. Longitudinal multi-level predictive models as a function of PET grades and exposure types were developed for the change in yellowness index (YI) and haze (%). Exposures with similar change in YI were modeled using a linear fixed-effects modeling approach. Due to the complex nature of haze formation, measurement uncertainty, and the differences in the samples’ responses, the change in haze (%) depended on individual samples’ responses and a linear mixed-effects modeling approach was used. When compared to fixed-effects models, the addition of random effects in the haze formation models significantly increased …

Initiating Research On Igniting Fires In The Blue Ridge Mountains During The Autumn 2016 Conflagration, Cynthia Twyford Fowler, Cynthia Fowler

Faculty Scholarship

An unprecedented moment in the fire ecology of the Blue Ridge Mountains occurred in Autumn 2016 when severe drought, frequent anthropogenic ignitions, and seasonality in disturbed deciduous forests fueled widespread burning. As the wildfires burned, wildland firefighters from around the U.S. temporarily moved into the region to assist local land managers. As wildfire risks increased and air quality decreased, local residents became increasingly interested in fire ecology. The community shifted continuously as wildfires were extinguished, wildland firefighters returned home, and local residents disengaged. In conducting research during the conflagration, obtaining consent from community members varied depending on whether or not …

Brief For The Council Of University Presidents On Legislative Council V Martinez As Amicus Curiae, No. S-1-Sc-36422, Kevin Washburn

Faculty Scholarship

On April 7, 2017, the Governor exercised an extraordinary line-item veto of portions of the Fiscal Year 2018 appropriation bill eliminating all funding for the Legislature and for higher education in New Mexico. Governor's House Executive Message No. 56 (April 7, 2017), Petitioner's Exhibit D, at 3-7. Amici have a fiduciary responsibility to their institutions to advocate for a resolution quickly to mitigate the many harms caused by this budget crisis. CUP takes no position on the outcome of this action, but Amici do request that this case be decided expeditiously so that other constitutional actors do not waste time …

Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton

Faculty Scholarship

Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.

When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist

Faculty Scholarship

No abstract provided.

Race, Policing, And Technology, Bennett Capers

Faculty Scholarship

No abstract provided.