Digital Commons Network^™

Paternity Un(Certainty): How The Law Surrounding Paternity Challenges Negatively Impacts Family Relationships And Women's Sexuality, Susan Ayres

Faculty Scholarship

It is popularly believed that false paternity rates are 10-30%, and that thousands of unsuspecting men are supporting children who are not theirs. These reported rates of false paternity have become urban legend, demonizing women as over-sexualized partners who shouldn’t be trusted. This in turn has influenced laws regarding paternity, which have evolved to allow men to dis-establish paternity years after a child’s birth, even when there has been an adjudication or acknowledgment of paternity. This article argues that society should be cautious about elevating science as the highest consideration in truth claims about paternity. It examines the incoherent and …

Was Cleburne An Accident?, William Araiza

Faculty Scholarship

No abstract provided.

Policing The Boundaries Of Whiteness: The Tragedy Of Being “Out Of Place” From Emmett Till To Trayvon Martin, Angela Onwuachi-Willig

Faculty Scholarship

This Article takes what many view as an extraordinary case about racial hatred from 1955, the Emmett Till murder and trial, and analyzes it against the Trayvon Martin killing and trial outcome in 2012 and 2013. Specifically, this Article exposes one important, but not yet explored similarity between the two cases: their shared role in policing the boundaries of whiteness as a means of preserving the material and the psychological benefits of whiteness. This policing occurred in a variety of forms, including: (1) maintaining white racial separation; (2) facilitating cross-class, white racial solidarity; (3) articulating blackness, and specifically black maleness, …

Rise Of The Digital Regulator, Rory Van Loo

Faculty Scholarship

The administrative state is leveraging algorithms to influence individuals’ private decisions. Agencies have begun to write rules to shape for-profit websites such as Expedia and have launched their own online tools such as the Consumer Financial Protection Bureau’s mortgage calculator. These digital intermediaries aim to guide people toward better schools, healthier food, and more savings. But enthusiasm for this regulatory paradigm rests on two questionable assumptions. First, digital intermediaries effectively police consumer markets. Second, they require minimal government involvement. Instead, some for-profit online advisers such as travel websites have become what many mortgage brokers were before the 2008 financial crisis. …

Re-Envisioning Professional Education, Kimberly Austin, Elizabeth Chu, James S. Liebman

Faculty Scholarship

In the dynamic, hyper-connected, and unpredictable 21st century, workplace and career paradigms are rapidly changing. The professions are no exception. Technology has routinized and increased access to the expertise that traditionally set professionals apart from other workers, leading some to forecast professions’ demise. Even if, as we suspect, new forms of complexity and needs for expertise continue to outrun technology, professionals’ lives and careers will diverge dramatically from past norms. In the world we anticipate, the number of theories, diagnoses, and strategies among which each professional — alone or in teams — must make informed and workable judgments will increase …

The Stream Of Violence: A New Approach To Domestic Violence Personal Jurisdiction, Cody Jacobs

Faculty Scholarship

There is a split among state courts about whether personal jurisdiction over an alleged domestic violence perpetrator is required in order to obtain a civil protection order preventing the defendant from contacting the victim. Some courts have held that such orders interfere with the defendant’s liberty interests, and therefore the Due Process Clause requires personal jurisdiction for the issuance of such orders. Other courts have held that personal jurisdiction is not required because such protection orders are analogous to custody and divorce orders, which, under the “status exception,” courts have historically entered without establishing personal jurisdiction over the other party. …

Dissemination And Implementation Science Training Needs: Insights From Practitioners And Researchers, Kurt C. Stange

Faculty Scholarship

Introduction Dissemination and implementation research training has great potential to improve the impact and reach of health-related research; however, research training needs from the end user perspective are unknown. This paper identifies and prioritizes dissemination and implementation research training needs. Methods A diverse sample of researchers, practitioners, and policymakers was invited to participate in Concept Mapping in 2014–2015. Phase 1 (Brainstorming) gathered participants’ responses to the prompt: To improve the impact of research evidence in practice and policy settings, a skill in which researchers need more training is… The resulting statement list was edited and included subsequent phases. Phase 2 …

Excited-State Dynamics Of The Thiopurine Prodrug 6-Thioguanine: Can N9-Glycosylation Affect Its Phototoxic Activity?, Brennan Ashwood, Carlos E. Crespo-Hernández

Faculty Scholarship

6-Thioguanine, an immunosuppressant and anticancer prodrug, has been shown to induce DNA damage and cell death following exposure to UVA radiation. Its metabolite, 6-thioguanosine, plays a major role in the prodrug's overall photoreactivity. However, 6-thioguanine itself has proven to be cytotoxic following UVA irradiation, warranting further investigation into its excited-state dynamics. In this contribution, the excited-state dynamics and photochemical properties of 6-thioguanine are studied in aqueous solution following UVA excitation at 345 nm in order to provide mechanistic insight regarding its photochemical reactivity and to scrutinize whether N9-glycosylation modulates its phototoxicity in solution. The experimental results are complemented with time-dependent …

Solar Calendar, And Other Ways Of Marking Time, Jeremy Bendik-Keymer

Faculty Scholarship

At the end of his life, Pierre Hadot was a professor at the Collège de France — a “professor’s professor” — and he helped Michel Foucault, most famously, conceptualize ethics. Hadot devoted his career to recovering the ancient conception of philosophy, according to which the discourses of universities are but a fragment of what philosophy is. His engagement with this theme helped Bendik-Keymer understand and develop a personal counter-culture to his academic work, a kind of original academics truer to the idea of the philosophical school Plato first developed in his Ἀκαδήµεια. But while Plato’s school developed a useful form …

One Law To Rule Them All: The Radial Acceleration Relation Of Galaxies, Federico Lelli, Stacy S. Mcgaugh, Marcel S. Pawlowski

Faculty Scholarship

We study the link between baryons and dark matter (DM) in 240 galaxies with spatially resolved kinematic data. Our sample spans 9 dex in stellar mass and includes all morphological types. We consider (1) 153 late-type galaxies (LTGs; spirals and irregulars) with gas rotation curves from the SPARC database, (2) 25 early-type galaxies (ETGs; ellipticals and lenticulars) with stellar and H i data from ATLAS or X-ray data from Chandra, and (3) 62 dwarf spheroidals (dSphs) with individual-star spectroscopy. We find that LTGs, ETGs, and "classical" dSphs follow the same radial acceleration relation: the observed acceleration (gobs) correlates with that …

Spitzer's View Of The Candidate Cluster And Protocluster Catalog (Ccpc), J. R. Franck, Stacy S. Mcgaugh

Faculty Scholarship

The Candidate Cluster and Protocluster Catalog contains 218 galaxy overdensities composed of more than 2000 galaxies with spectroscopic redshifts spanning the first few Gyr after the Big Bang (2.0 ≤ z < 6.6). We use Spitzer archival data to track the underlying stellar mass of these overdense regions in various temporal cross sections by building rest-frame near-infrared luminosity functions (LFs) across the span of redshifts. This exercise maps the stellar growth of protocluster galaxies, as halos in the densest environments should be the most massive from hierarchical accretion. The characteristic apparent magnitude, m∗(z), is relatively flat from 2.0 ≤ z < 6.6, consistent with a passive evolution of an old stellar population. This trend maps smoothly to lower redshift results of cluster galaxies from other works. We find no difference in the LFs of galaxies in the field versus protoclusters at a given redshift apart from their density.

Testing Three Pathways To Substance Use And Delinquency Among Low-Income African American Adolescents, Dexter R. Voisin

Faculty Scholarship

Objective Mounting literature suggests that parental monitoring, risky peer norms, and future orientation correlate with illicit drug use and delinquency. However, few studies have investigated these constructs simultaneously in a single statistical model with low income African American youth. This study examined parental monitoring, peer norms and future orientation as primary pathways to drug use and delinquent behaviors in a large sample of African American urban adolescents. Methods A path model tested direct paths from peer norms, parental monitoring, and future orientation to drug use and delinquency outcomes after adjusting for potential confounders such as age, socioeconomic, and sexual orientation …

How May The United States Leverage Its Fatca Iga Bilateral Process To Incentivize Good Tax Administrations Among The World Of Black Hat And Grey Hat Governments? A Carrot & Stick Policy Proposal, William Byrnes

Faculty Scholarship

Professor William Byrnes examines whether it is prudent for taxpayers to trust the governments of the 117 countries that scored a fifty or below on Transparency International’s corruption index. The complete information system invoked by the Foreign Account Tax Compliance Act (FATCA) encourages, even prolongs, the bad behavior of black hat governments by providing fuel (financial information) to feed the fire of corruption and suppression of rivals. Professor Byrnes recommends that the United States leverage a “carrot-stick” policy tool to incentivize bad actors to adopt best tax administration practices.

Puzder Is The Wrong Person For The Job, Serge A. Martinez

Faculty Scholarship

No abstract provided.

Effects Of An Amylopectin And Chromium Complex On The Anabolic Response To A Suboptimal Dose Of Whey Protein, T. N. Ziegenfuss, H. L. Lopez, A. Kedia, S. M. Habowski, J. E. Sandrock, B. Raub, Chad M. Kerksick, A. A. Ferrando

Faculty Scholarship

Background

Previous research has demonstrated the permissive effect of insulin on muscle protein kinetics, and the enhanced insulin sensitizing effect of chromium. In the presence of adequate whole protein and/or essential amino acids (EAA), insulin has a stimulatory effect on muscle protein synthesis, whereas in conditions of lower blood EAA concentrations, insulin has an inhibitory effect on protein breakdown. In this study, we determined the effect of an amylopectin/chromium (ACr) complex on changes in plasma concentrations of EAA, insulin, glucose, and the fractional rate of muscle protein synthesis (FSR).

Methods

Using a double-blind, cross-over design, ten subjects (six men, four …

The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu

Faculty Scholarship

From the debate among presidential candidates on whether the United States should ratify the Trans-Pacific Partnership (TPP) Agreement to the arbitrations Philip Morris and Eli Lilly have sought through the investor-state dispute settlement (ISDS) mechanism, the investment-related aspects of intellectual property rights have recently garnered considerable policy, scholarly and media attention.

This growing attention, to some extent, has brought back memories about the time when the WTO TRIPS Agreement began to transform intellectual property law and policy by redirecting our focus to the trade-related aspects of intellectual property rights. Whether the recent developments on the investment front represent yet another …

International Law And Transboundary Aquifers, Gabriel Eckstein

Faculty Scholarship

Although international law applicable to transboundary aquifers is still in an early stage of development, ground water resources on nation’s frontiers are now garnering growing international attention. This article examines the chief formal and informal mechanisms that have been proposed or implemented for the assessment, use, allocation, and protection of transboundary aquifers and identifies the legal trends and priorities emerging from these instruments. It also considers gaps and shortcomings in the emerging administrative regime and offers recommendations for the further development of the law.

United States Response To Questionnaire Concerning Copyright: To Be Or Not To Be, Jane C. Ginsburg, June M. Besek, Nathalie Russell

Faculty Scholarship

ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.

Bartell And The Expansion Of Facilitated Exchanges, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Irs's Cp-2000 E-Mail Scams - Never In Dubai - Common In Canada & The Uk, Richard Thompson Ainsworth

Faculty Scholarship

On September 22, 2016 the Internal Revenue Service (IRS) and its Security Summit partners issued an alert to taxpayers and tax professionals to be on guard against fake e-mails purporting to contain a tax bill related to the Affordable Care Act. Surprisingly, this e-mail scam works. It really should not.

Modern technology is facilitating many contemporary tax scams. In recent years the US has seen false (refund) return scams, phone scammers impersonation IRS agents, and now e-mail scams with fraudulent CP-2000 notices attached to a demand for payment. The same phone and e-mail frauds have appeared in both Canada and …

Reshaping Third-Party Funding, Victoria Sahani

Faculty Scholarship

Third-party funding is a controversial business arrangement whereby an outside entity—called a third-party funder—finances the legal representation of a party involved in litigation or arbitration or finances a law firm’s portfolio of cases in return for a profit. Attorney ethics regulations and other laws permit nonlawyers to become partial owners of law firms in the District of Columbia, England and Wales, Scotland, Australia, two provinces in Canada, Germany, the Netherlands, New Zealand, and other jurisdictions around the world. Recently, a U.S.-based third-party funder that is publicly traded in England started its own law firm in England. In addition, some U.S. …

Populist Property Law, Anna Di Robilant

Faculty Scholarship

Property scholars think of property law as consisting of a small number of highly technical forms created a long time ago by "experts, i.e., legislatures and courts, which are hardly accessible to non-lawyers. This Article explores a new idea: the possibility that ordinary people, with little or no legal training, can become active participants in the creation of property law, directly intervening in the development of new property forms. The Article tells the story of two nineteenth-century American social movements that represented the "little guys " - workers and farmers - who used their 'folk legal" imagination to develop new …

Blockchain, Bitcoin, And Vat In The Gcc: The Missing Trader Example, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

Blockchain is coming to tax administration and will cause fundamental change. This article considers the potential for blockchain technology as it applies to the introduction of a value added tax in the Gulf Cooperation Council.

Blockchain technology disrupts centralized ledgers. Blockchain improves efficiency, security and transparency. Perhaps no centralized ledger system presents more challenges than that of the modern tax administration. The central data storage system of a modern tax authority contains all return, payment, and audit activity for all taxpayers arranged tax-by-tax for three years or longer periods of time.

It is likely that blockchain will come first to …

The Power Of Community Action:Anti‐Payday Loan Ordinances In Three Metropolitan Areas, Nathalie Martin, Robert N. Mayer, Steve Graves

Faculty Scholarship

Local ordinances that restrict payday lending constitute an important strategy in the overall attack on this problematic form of lending. In this report, made possible by the generous support of Silicon Valley Community Foundation, we describe and analyze campaigns in three locales that differ markedly in the opportunities and challenges faced by ordinance advocates. The locales are Santa Clara and San Mateo counties in California (“Silicon Valley”); Dallas, Denton, and Tarrant counties in Texas; and Salt Lake County in Utah. This report finds both commonalities and important variations among these campaigns. While there is no single recipe for a successful …

Trump & Vat: Nafta, Trade Barriers, And Retaliatory Tariffs, Richard Thompson Ainsworth

Faculty Scholarship

During the first presidential debate President-elect Donald J. Trump argued that the value added tax (VAT) operated as a trade barrier to American business everywhere. He particularly pointed to the North American Free Trade Agreement (NAFTA). Mexico was a special concern. China was also a concern, but in this instance Trump was troubled both by China’s VAT and by China’s alleged currency manipulation.

This paper can only consider the VAT aspect of Trump’s trade policy. There appears to be some confusion about the operation of the VAT, particularly the border adjustment mechanism, and how US tariffs could “level the playing …

Structural Basis Of Ligand Interaction With Atypical Chemokine Receptor 3, Liwen Wang, Sichun Yang, Mark R. Chance

Faculty Scholarship

Chemokines drive cell migration through their interactions with seven-transmembrane (7TM) chemokine receptors on cell surfaces. The atypical chemokine receptor 3 (ACKR3) binds chemokines CXCL11 and CXCL12 and signals exclusively through β-arrestin-mediated pathways, without activating canonical G-protein signalling. This receptor is upregulated in numerous cancers making it a potential drug target. Here we collected over 100 distinct structural probes from radiolytic footprinting, disulfide trapping, and mutagenesis to map the structures of ACKR3:CXCL12 and ACKR3:small-molecule complexes, including dynamic regions that proved unresolvable by X-ray crystallography in homologous receptors. The data are integrated with molecular modelling to produce complete and cohesive experimentally driven …

Impact Of Tigecycline Versus Other Antibiotics On The Fecal Metabolome And On Colonization Resistance To Clostridium Difficile In Mice, Robin L.P. Jump, David Kraft, Kelly Hurless, Alex Polinkovsky, Curtis J. Donskey

Faculty Scholarship

Background: The glycylcycline antibiotic tigecycline may have a relatively low propensity to promote Clostridium difficile infection in part because it causes less disruption of the indigenous intestinal microbiota than other broad-spectrum antibiotics. We used a mouse model to compare the effects of tigecycline versus other commonly used antibiotics on colonization resistance to C. difficile and on the metabolic functions of the intestinal microbiota. Methods: To assess in vivo colonization resistance to C. difficile, mice were challenged with oral C. difficile spores 1, 7, or 12 days after completion of 3 days of treatment with subcutaneous saline, tigecycline, ceftriaxone, piperacillin-tazobactam, or …

Randomized, Double-Blind, Placebo-Controlled Clinical Trial To Assess The Safety And Effectiveness Of A Novel Dual-Action Oral Topical Formulation Against Upper Respiratory Infections, Pranab K. Mukherjee, Frank Esper, Ken Buchheit, Karen Arters, Ina Adkins, Mahmoud A. Ghannoum, Robert A. Salata

Faculty Scholarship

BACKGROUND: Current prevention options for upper respiratory infections (URIs) are not optimal. We conducted a randomized, double-blinded, placebo-controlled pilot clinical trial to evaluate the safety and efficacy of ARMS-Iâ„¢ (currently marketed as Halo™) in the prevention of URIs. METHODS: ARMS-I is patented novel formulation for the prevention and treatment of influenza, comprising a broad-spectrum antimicrobial agent (cetylpyridinium chloride, CPC) and components (glycerin and xanthan gum) that form a barrier on the host mucosa, thus preventing viral contact and invasion. Healthy adults (18—45 years of age) were randomized into ARMS-I or placebo group (50 subjects each). The drug was sprayed intra-orally …

Hyperbolic Metamaterials-Based Plasmonic Biosensor For Fluid Biopsy With Single Molecule Sensitivity, Kandammathe Valiyaveedu Sreekanth, Mohamed Elkabbash, Yunus Alapan, Efe Ilker Ilker, Michael Hinczewski, Umut A. Gurkan, Giuseppe Strangi

Faculty Scholarship

Plasmonic sensors are one of the most powerful optical biosensors, which can be used for the detection of small numbers of molecules at ultra-low concentrations. However, the detection of dilute analytes of low molecular weight (Da) is still a challenging task using currently available plasmonic biosensors. Here, we demonstrate the detection of both lower and heavier molecular weight biomolecules close to single molecule level using a novel plasmonic biosensor platform based on hyperbolic metamaterials. We show experimentally the extraordinary spectral and angular sensitivities of the biosensor platform, from visible to near infrared (NIR) wavelengths, by exciting the bulk plasmon polaritons …

Public News Service Interviews Mary Pareja And Maryam Ahranjani, Nm Law Professors Join Opposition To Sessions At U.S. Attorney General, Maryam Ahranjani, Mary Leto Pareja

Faculty Scholarship

More than 1,100 law professors signed a letter asking members of Congress to reject Sessions' nomination because he would not be the best person to the lead the fight on anti-discrimination issues.