Digital Commons Network^™

A Survey And Analysis Of The American Public's Perceptions And Knowledge About Antibiotic Resistance, Rebecca R. Carter, Jiayang Sun, Robin L.P. Jump

Faculty Scholarship

Background. Little is known about the American public's perceptions or knowledge about antibiotic-resistant bacteria or antibiotic misuse. We hypothesized that although many people recognize antibiotic resistance as a problem, they may not understand the relationship between antibiotic consumption and selection of resistant bacteria. Methods. We developed and tested a survey asking respondents about their perceptions and knowledge regarding appropriate antibiotic use. Respondents were recruited with the Amazon Mechanical Turk crowdsourcing platform. The survey, carefully designed to assess a crowd-sourced population, asked respondents to explain "antibiotic resistance" in their own words. Subsequent questions were multiple choice. Results. Of 215 respondents, the …

Federal Taxation Of State Tax Credits, Alan L. Feld

Faculty Scholarship

This article analyzes the Federal income tax treatment of state incentive tax credits. It considers whether and when refundable credits should be included in income and discusses their appropriate character as capital gain or as ordinary income.

The Insurability Of Claims For Restitution, Christopher French

Faculty Scholarship

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …

Multiple Dimensions Of Stigma And Health Related Factors Among Young Black Men Who Have Sex With Men, Dexter R. Voisin

Faculty Scholarship

This study is among the first to examine the association between multiple domains of HIV-related stigma and health-related correlates including viral load and medication adherence among young Black men who have sex with men (N = 92). Individual logistic regressions were done to examine the hypothesized relationships between HIV-related stigma and various health and psychosocial outcomes. In addition to examining total stigma, we also examined four domains of HIV stigma. Findings revealed the various domains of stigma had differential effects on health-related outcomes. Individuals who reported higher levels of total stigma and personalized stigma were less likely to be virally …

Self-Forgiveness And Forgiveness-Seeking In Response To Rumination: Cardiac And Emotional Responses Of Transgressors, Sérgio P. Da Silva, Charlotte Witvliet, Blake Riek

Faculty Scholarship

Self-forgiveness and forgiveness-seeking are important and understudied aspects of forgiveness. We examined the cardiac and emotional patterns of healthy young adults (40 women, 40 men) who recalled an unresolved offense they had caused another person. Participants engaged in four imagery conditions: ruminating about the offense, being humbly repentant and engaging in self-forgiveness, seeking forgiveness from the victim and receiving forgiveness, and seeking forgiveness from the victim and being begrudged. Being repentant and begrudged forgiveness by one’s victim was associated with the same level of guilt as when ruminating, but significantly more negative emotion, less control, and less empathy than when …

Serratia Fonticola, Pathogen Or Bystander? A Case Series And Review Of The Literature, Roberto Viau, Robin L.P. Jump

Faculty Scholarship

Serratia fonticola is an unusual human pathogen, previously described primarily as causing skin and soft tissue infections following trauma. There is little information in the literature about its treatment or susceptibilities. We describe the case of a 67-year-old male with paraplegia who developed urosepsis due to S. fonticola. Blood and urine cultures obtained prior to the initiation of antimicrobials both grew S. fonticola. The patient completed a 15-day course of antimicrobials and had an uneventful recovery.We reviewed 17 other patients with clinical cultures positive for S. fonticola. Of these, 11 isolates were from the genitourinary system, most often as part …

Using Data To Build Community: Exploring One Model Of Geographically Specific Data Use In The Non-Profit Sector, Robert L. Fischer

Faculty Scholarship

Non-profit organizations strive to identify and build community in a variety of ways. A new development to assist non-profit organizations with this critical task is the use of Geographic Information Systems (GIS) that incorporate data assembled from area non-profit organizations. In this article, we investigate the reasons why non-profit organizations adopt these systems, their inclusion of various stakeholders in site launch, and the challenges for sustaining GIS use. Based on in-depth interviews conducted with sites that have adopted a prominent GIS application – the Urban Institute's Community Platform – we find that although non-profits may implement GIS with the expressed …

A Multiband Perfect Absorber Based On Hyperbolic Metamaterials, Kandammathe Valiyaveedu Sreekanth, Mohamed Elkabbash, Yunus Alapan, Alireza R. Rashed, Umut A. Gurkan, Giuseppe Strangi

Faculty Scholarship

In recent years, considerable research efforts have been focused on near-perfect and perfect light absorption using metamaterials spanning frequency ranges from microwaves to visible frequencies. This relatively young field is currently facing many challenges that hampers its possible practical applications. In this paper, we present grating coupled-hyperbolic metamaterials (GC-HMM) as multiband perfect absorber that can offer extremely high flexibility in engineering the properties of electromagnetic absorption. The fabricated GC-HMMs exhibit several highly desirable features for technological applications such as polarization independence, wide angle range, broad- and narrow- band modes, multiband perfect and near perfect absorption in the visible to near-IR …

Time To Empower Tribal Authorities, Kevin Washburn

Faculty Scholarship

No abstract provided.

Effect Of A 72 Hour Stroke Care Bundle On Early Outcomes After Acute Stroke: A Non Randomised Controlled Study, Martha Sajatovic, Anthony J. Furlan

Faculty Scholarship

Background Integrated care pathways (ICP) in stroke management are increasingly being implemented to improve outcomes of acute stroke patients. We evaluated the effect of implementing a 72 hour stroke care bundle on early outcomes among patients admitted within seven days post stroke to the national referral hospital in Uganda. Methods In a one year non-randomised controlled study, 127 stroke patients who had ‘usual care’ (control group) were compared to 127 stroke patients who received selected elements from an ICP (intervention group). Patients were consecutively enrolled (controls first, intervention group second) into each group over 5 month periods and followed to …

Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland

Faculty Scholarship

No abstract provided.

Aggregation By Acquisition: Replacing Class Actions With A Market For Legal Claims, Minor Myers, C. Korsmo

Faculty Scholarship

No abstract provided.

Two Views Of First Amendment Thought Privacy, Adam J. Kolber

Faculty Scholarship

No abstract provided.

Interpreting Tax Treaties, Rebecca M. Kysar

Faculty Scholarship

No abstract provided.

Fading Into The Sunset: Solar And Wind Energy Get Give More Years Of Tax Credits With A Phase-Down, Felix Mormann

Faculty Scholarship

In the closing weeks of 2015, the solar and wind energy industries scored a major policy victory as Congress voted to extend the tax credits that have been a key driver of recent renewable energy deployment in the United States. Legislators reached a rare bipartisan compromise when renewable energy advocates agreed to lit the 40-year old export embargo on U.S. oil in exchange for an extra ive years of tax credit support for solar and wind energy. Renewable energy practitioners can now help their clients take advantage of these incentives for several more years and would be wise to do …

Precedent In Statutory Interpretation, Lawrence Solan

Faculty Scholarship

No abstract provided.

Vaccines And Airline Travel: A Federal Role To Protect The Public Health, Christopher Robertson

Faculty Scholarship

This Article explores two ways in which airline travel is an important vector for the spread of infectious disease, and argues that airlines have market-based and liability-based reasons to require that passengers be vaccinated. Going further, the Article explores whether the federal government has the legal and constitutional authority — especially under the Commerce Clause — to encourage or mandate that airlines implement such a vaccine screen. By disrupting the spread of disease at key network nodes where individuals interact and then connect with other geographic regions, and by creating another incentive for adult vaccination, an airline vaccine screen could …

Progress In The Fight Against Multidrug Resistant Bacteria?: A Review Of Fda-Approved Antibiotics 2010-2015, Dalia Deak, Kevin Outterson, John H. Powers, Aaron S. Kesselheim

Faculty Scholarship

A weak antibiotic pipeline and the increase in drug-resistant pathogens have led to calls for more new antibiotics. Eight new antibiotics were approved by the U.S. Food and Drug Administration (FDA) between January 2010 and December 2015: ceftaroline, fidaxomicin, bedaquiline, dalbavancin, tedizolid, oritavancin, ceftolozane-tazobactam, and ceftazidime-avibactam. This study evaluates the development course and pivotal trials of these antibiotics for their innovativeness, development process, documented patient outcomes, and cost. Data sources were FDA approval packages and databases (January 2010 to December 2015); the Red Book (Truven Health Analytics); Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations (FDA); and supplementary information …

Distinguishing Households From Families, Katharine B. Silbaugh

Faculty Scholarship

The study of the relationship between all families, whether marital or non-marital, and households, is underdeveloped, despite extensive study of the mismatch between family law, which is still focused on marriage and parenthood, and family practices. Often, in an effort to update the discourse, discussions of non-marital families seem to deploy households or living arrangements as a substitute classification in the place of the old marital family. This Article argues that we need to resist the tendency to substitute the idea of “household” when the boundaries of legal family fail us, because households are not necessarily familial, and because core …

Bullying And Opportunism In Trademark And Right-Of-Publicity Law, Stacey Dogan

Faculty Scholarship

Lawyers, scholars, and even Congress have lately expressed concern about so-called “trademark bullies” — trademark holders that assert tenuous legal claims against vulnerable defendants, who often capitulate rather than incurring the expense and uncertainty of litigation. At the same time, we’ve witnessed right-of-publicity claims for acts that never would have raised an eyebrow a few decades ago. Complaints about bullying and overreaching are largely anecdotal rather than empirical, so it’s hard to gauge the extent of the behavior and to measure its costs. But the fact that it has attracted so much attention suggests a perception, at least, that some …

Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas

Faculty Scholarship

In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism …

Funding Antibiotic Innovation With Vouchers: Recommendations On How To Strengthen A Flawed Incentive Policy, Kevin Outterson, Anthony Mcdonnell

Faculty Scholarship

A serious need to spur antibiotic innovation has arisen because of the lack of antibiotics to combat certain conditions and the overuse of other antibiotics leading to greater antibiotic resistance. In response to this need, proposals have been made to Congress to fund antibiotic research through a voucher program for new antibiotics, which would delay generic entry for any drug, even potential blockbuster lifesaving generics. We find this proposal to be inefficient, in part because of the mismatch between the private value of the voucher and the public value of the antibiotic innovation. However, vouchers have the political advantage in …

Early Filing And Functional Claiming, Paul Gugliuzza

Faculty Scholarship

A major problem in the patent system is that many patents claim far more than the patentee actually invented. In his perceptive article, Ready for Patenting, Mark Lemley argues that this overclaiming is caused in part by legal doctrines that encourage inventors to file a patent application as early as possible, often before — or even instead of — building their invention. Patents issued from early-filed applications, Lemley argues, tend to be overly broad because the applicant does not yet know how the invention actually works.

This response essay, part of the Boston University Law Review’s symposium on Notice Failure …

Patent Uncertainty: Toward A Framework With Applications, Keith N. Hylton

Faculty Scholarship

There are three essential sources of uncertainty in the patent system: perceived uncertainty due to selective sampling (“statistical artefact uncertainty”), inherent uncertainty, and strategic uncertainty. It is only the strategic uncertainty source that should be of concern to reformers. With respect to this source, uncertainty in the patent system is largely a function of two variables: the degree of inherent abstraction associated with the patent, and the degree to which the patent provides notice of its scope. The maximal degree of uncertainty is observed in the category of abstract patents with poor notice, a category dominated today by software patents. …

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …

Bargaining Failure And Failure To Bargain, Michael J. Meurer

Faculty Scholarship

In this talk I want to do four things. First, I’m going to present a motivating example, and second I will discuss what causes IP litigation. I want to distinguish between bargaining failure and failure to bargain ex ante. This is the descriptive portion of my project, and the message is really pretty simple. In law and economics, we think a lot about why people who have a dispute, who sit cross from each other at a table, fail to do the efficient thing, which is to stay out of the courtroom and avoid incurring litigation costs. Law and economics …

The Use Of Engineered Protein Materials In Electrochemical Devices, Julie N. Renner

Faculty Scholarship

Bioelectrochemical technologies have an important and growing role in healthcare, with applications in sensing and diagnostics, as well as the potential to be used as implantable power sources and be integrated with automated drug delivery systems. Challenges associated with enzyme-based electrodes include low current density and short functional lifetimes. Protein engineering is emerging as a powerful tool to overcome these issues. By taking advantage of the ability to precisely define protein sequences electrodes can be organized into high performing structures, and enable the next generation of medical devices.

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Faculty Scholarship

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …

Reviving The Dead Hand After Repeal Of The Rule Against Perpetuities, Sergio Pareja

Faculty Scholarship

This blog post summarizes a recent article by Reid Kress Weisbord, Trust Term Extension, 67 Fla. L. Rev. 73 (2015).

Modrall Sperling Interviews Kevin Washburn About Indian Law And Returning To New Mexico, Kevin Washburn

Faculty Scholarship

Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico