Digital Commons Network^™

Pathways To Ultra-Low Platinum Group Metal Catalyst Loading In Proton Exchange Membrane Electrolyzers, Julie N. Renner

Faculty Scholarship

Hydrogen is one of the world's most important chemicals, with global production of about 50 billion kg/year. Currently, hydrogen is mainly produced from fossil fuels such as natural gas and coal, producing CO2. Water electrolysis is a promising technology for fossil-free, CO2-free hydrogen production. Proton exchange membrane (PEM)-based water electrolysis also eliminates the need for caustic electrolyte, and has been proven at megawatt scale. However, a major cost driver is the electrode, specifically the cost of electrocatalysts used to improve the reaction efficiency, which are applied at high loadings (>3 mg/cm2 total platinum group metal (PGM) content). Core-shell catalysts …

Proteome And Protein Network Analyses Of Memory T Cells Find Altered Translation And Cell Stress Signaling In Treated Human Immunodeficiency Virus Patients Exhibiting Poor Cd4 Recovery, Sausan Azzam, Daniela M. Schlatzer, Sean Maxwell, Xiaolin Li, Douglas Bazdar, Yanwen Chen, Robert Asaad, Jill S. Barnholtz-Sloan, Mark R. Chance, Scott F. Sieg

Faculty Scholarship

Background. Human immunodeficiency virus (HIV) patients who experience poor CD4 T-cell recovery despite viral suppression during antiretroviral therapy (ART) are known as immunological nonresponders. The molecular mechanism(s) underlying incomplete immune restoration during ART is not fully understood. Methods. Label-free quantitative proteomics on single-cell type central memory T cells were used to reveal relative protein abundance changes between nonresponder, responder (good CD4 recovery during ART), and healthy individuals. Proteome changes were analyzed by protein pathway and network analyses and verified by selected reaction monitoring mass spectrometry. Results. Proteomic analysis across groups detected 155 significant proteins from 1500 nonredundant proteins. Pathway and …

Brief For Barbara L. Creel And The Tribal Defender Network, Us V. Bryant, Barbara L. Creel, John Lavelle

Faculty Scholarship

Although Congress intended to protect women in Indian Country from domestic abuse, they condoned the use of prior “uncounseled” tribal court convictions to charge and convict an Indian as a federal habitual domestic violence offender.

Justice Ruth Bader Ginsburg, who wrote Bryant, denigrates Indian people’s civil rights, citing the need to protect Native women from domestic violence. But Department of Justice statistics show most domestic violence perpetrators in Indian country are non-Indians, and the Bryant decision leaves intact their constitutional rights, including the right to appointed counsel.

Vat Fraud Mutation, Part 2: Citibank As A Transition, Richard Thompson Ainsworth

Faculty Scholarship

The first part of this paper considered traditional MTIC fraud (push MTIC) in CO2 permits. The fraud in that case (Dosanjh) was swiftly put down. The traditional design of the fraud did not mean it was “garden variety.”

Sweeping arrests in the early morning hours of August 19, 2009, followed by year-long imprisonment without bail for seven individuals suggest concern at the highest levels. The UK zero-rated CO2 permits on August 1, 2009 because of the Dosanjh case.

However, with Dosanjh out of commission who would step up and be the new supplier of CO2 permits if the “blue chip” …

The Music Of Trees: The Intergenerative Tie Between Primary Care And Public Health, Peter J. Whitehouse

Faculty Scholarship

Stories help us frame and understand complex ideas and challenges. Metaphors are particularly powerful linguistic devices that guide and extend our thinking by bridging conceptual domains, for example to consider the brain as a digital computer. Trees are widely used as metaphors for broad concepts like evolution, history, society, and even life itself, i.e. ‘the tree of life’. Tree-like diagrams of roots and branches are used to demonstrate historical and cultural relationships, for example, between different species or different languages. In this paper, we describe a theatrical character called a tree doctor which is a living metaphor. A human being, …

Multiple Anti-Epileptic Drug Use In Children With Epilepsy In Mulago Hospital, Uganda: A Cross Ectional Study, Martha Sajatovic

Faculty Scholarship

Background: Seizures in up to one third of children with epilepsy may not be controlled by the first anti-epileptic drug (AED). In this study, we describe multiple AED usage in children attending a referral clinic in Uganda, the factors associated with multiple AED use and seizure control in affected patients. Methods: One hundred thirty nine patients attending Mulago hospital paediatric neurology clinic with epilepsy and who had been on AEDs for ≥6months were consecutively enrolled from July to December 2013 to reach the calculated sample size. With consent, the history and physical examination were repeated and the neurophysiologic and imaging …

A Tale Of Three Markets: Comparing The Renewable Energy Experiences Of California, Texas, And Germany, Felix Mormann, Dan Reicher, Victor Hanna

Faculty Scholarship

The Obama administration has repeatedly identified the large-scale build-out of clean, renewable energy infrastructure as a key priority of the United States. The President’s calls for a cleaner energy economy are often accompanied by references to other industrialized countries such as Germany, hailed by many as a leader in renewable energy deployment. Indeed, the share of renewables in Germany’s electricity generation mix is twice that of the United States, and the ambitious “Energiewende” commits the country to meeting 80% of its electricity needs with renewables by 2050. While some praise the German renewables experience as successful proof of concept, others …

The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann

Faculty Scholarship

Reviewing Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans (New York University Press 2014).

/="/">The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people of color in New Orleans than in any other city in the South, and free people of color lived, and often prospered, throughout Louisiana. The presence of so many free people of color in New Orleans, and Louisiana more generally, arose from many factors, including the …

The Law Of The Platform, Orly Lobel

Faculty Scholarship

New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection. The battle over law in the platform is therefore both conceptual and highly practical. …

Regulatory Entrepreneurship, Jordan M. Barry, Elizabeth Pollman

Faculty Scholarship

Numerous corporations, ranging from Airbnb to Tesla, and from DraftKings to Uber, have built huge businesses that reside in legal gray areas. Instead of taking the law as a given, these companies have become agents of legal change, focusing major parts of their business plans on changing the law. To achieve their political goals, these companies employ conventional lobbying techniques, but also more innovative tactics. In particular, some attempt to enter markets quickly, then grow too big to ban before regulators can respond. If regulators do take aim at them, they respond by mobilizing their users for political support. This …

U.S. Restores Millions Of Acres To Native Americans, Kevin Washburn

Faculty Scholarship

The Obama Administration has restored nearly 2 million acres to tribal ownership in a variety of different ways.

The Prosecutor's Turn, Bennett Capers

Faculty Scholarship

No abstract provided.

The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman

Faculty Scholarship

The Supreme Court's 2007 decision in Bell Atlantic Corp. v. Twombly and its 2009 decision in Ashcroft v. Iqbal unleashed a torrent of scholarly reaction. Commentators charged these decisions with adopting a new pleading regime, "plausibility pleading," that upended the notice-pleading approach that had long prevailed in federal court. Whether a complaint could survive a motion to dismiss — it was argued — now depends on whether the court found the complaint plausible, allowing courts to second-guess a complaint's allegations without any opportunity for discovery or consideration of actual evidence. Lower courts began to cite Twombly and Iqbal at a …

Creating An International Prison, Mary Margaret Penrose

Faculty Scholarship

This Article asserts that a permanent international prison is a necessary, if not indispensable, component of any effective international criminal justice system. It begins by first addressing the historical approach to international sentencing. Next, it discusses the inadequacies of the status quo. Finally, it argues the time has come to construct a permanent international prison, rather than adhere to the ad hoc approach in dealing with international criminals and convicts.

The Youngest Patent Validity Proceeding: Evaluating Post-Grant Review, Saurabh Vishnubhakat

Faculty Scholarship

Of the three major ex post patent validity challenge mechanisms that the 2011 Leahy-Smith America Invents Act put into place, the third is beginning to show signs of use. Post-grant review is an administrative proceeding of remarkable breadth as compared both to inter partes review and to the transition program for covered business method patents. Thus far, however, patent challengers have made very limited use of post-grant reviews: in the nearly three years since the procedure became available, the United States Patent and Trademark Office has received only about two dozen petitions for post-grant review. By contrast, the number of …

An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat

Faculty Scholarship

This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the same is true of intentional torts: intent to commit the tort is unnecessary, and ignorance of the legal right is no excuse. What is relevant is intent to perform the action that the law deems tortious. So …

Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page

Faculty Scholarship

This article seeks to begin a conversation on how we teach the problem of beneficiary accountability in the representation of organizations with social justice missions: How do we guide students towards a fuller understanding of the moral responsibility to engage and respect the voices of the communities most directly affected by the non-profit organization’s mission? We look at the issue through the pedagogical lens of our experience supervising clinic students, deconstructing the problems of beneficiary accountability that students faced in the representation of two social justice organizations, surveying relevant legal scholarship on organizational representation and community lawyering, and considering alternative …

The Structured Writing Group: A Different Writing Center?, Brian N. Larson, Christopher Soper

Faculty Scholarship

This article describes the objectives, development, and some preliminary results of a program the authors led at the University of Minnesota Law School in academic year 2014-15. They wanted the “Structured Writing Group” (SWG) project to achieve some outcomes traditionally associated with writing centers: first, improving the student writing process by facilitating collaboration with a writing expert; and second, exposing students to additional audiences for their writing. We added a third goal of improving the experience and performance of multilingual students in the legal writing program.

Plea Bargain Negotiations: Defining Competence Beyond Lafler And Frye, Cynthia Alkon

Faculty Scholarship

In the companion cases of Lafler v. Cooper and Missouri v. Frye the U.S. Supreme Court held that there is a right to effective assistance of counsel during plea bargaining. However, the Court defined effective assistance of counsel in only one narrow phase of plea bargaining: the client counseling phase. The Court said it would not look more broadly at the negotiation process itself as "[b]argaining is, by its nature, defined to a substantial degree by personal style.” This statement indicates that the Court does not fully understanding developments in the field of negotiation over the last thirty years. Negotiation …

The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez

Faculty Scholarship

The research presented here challenges the contemporary view that the international investment regime has a “chilling effect” on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision-making within host governments have been uniform across states and economic sectors The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters host government rent-seeking behavior that can harm foreign investors.

In petro-dependent developing nations that have weak institutional capacity the survival of the government becomes tied to its ability …

Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder

Faculty Scholarship

In this Article we use game theory to argue that perceptions of widespread corruption in the judicial processes in developing countries create ex ante incentives to act corruptly. It is rational (though not moral) to preemptively act corruptly when litigating in the courts of many developing nations. The upshot of this analysis is to highlight that, contrary to judicial narratives in individual cases — such as the (in)famous Chevron–Ecuador dispute used herein as an illustration — the problem of corruption in transnational litigation is structural and as such calls for structural solutions. The article offers one such solution: the establishment …

Confusion On The Court: Distinguishing Disparate Treatment From Disparate Impact In Young V. Ups And Eeoc V. Abercrombie & Fitch, Inc., Michael C. Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the …

On Getting It Right: Remembering Justice Antonin Scalia, Gary S. Lawson

Faculty Scholarship

In the summer of 1985, when then-Judge Antonin Scalia’s three law clerks were finishing their term at the D.C. Circuit Court of Appeals, we1 gave him a plaque emblazoned with the phrase, “It’s hard to get it right.” That was a phrase that Judge, and later Justice, Scalia’s law clerks heard often—never in anger, never in rebuke, but always as a reminder (often accompanied by a wry smile) that . . . well, sometimes it’s hard to get it right.

Psychological Distress, Drug Use, Sexual Risks And Medication Adherence Among Young Hiv-Positive Black Men Who Have Sex With Men: Exposure To Community Violence Matters, Dexter R. Voisin

Faculty Scholarship

In the USA, Black males are disproportionately affected by community violence and HIV. The aim of this study was to assess whether exposures to community violence are related to psychological distress, drug use, sexual risk behaviors, and medication adherence among a sample of HIV-positive young Black men who had sex with men (YBMSM). Data are from 98 YBMSM ages 18–29 years recruited from Chicago who completed measures on demographics, exposures to community violence, psychological distress, drug use, condomless anal intercourse, and medication adherence. Rates of exposure to community violence were high and youth reported victimization and witnessing numerous types of …

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Faculty Scholarship

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …

Uncounseled Convictions A Threat To Indians, John P. Lavelle

Faculty Scholarship

The Supreme Court is now poised to address whether a tribal court conviction that did not give the Indian defendant representation by a lawyer can be used to increase the sentence when the Indian is later prosecuted on a federal domestic assault charge.

Markovits On Defining Monopolization: A Comment, Keith N. Hylton

Faculty Scholarship

In this comment I focus on Richard Markovits’s definition of monopolization in his new book, Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law (Springer 2014), and also his assertion that monopolization is distributively unjust. I agree wholeheartedly with his approach to defining monopolization, though I might alter a few details. However, I think the distributive justice effects of monopolization are ambiguous.

Cedar Mesa Proposal Good For All, Kevin Washburn

Faculty Scholarship

A coalition of tribes, led by the Hopi and the Navajo, and including the Utes of Colorado and Utah and several of New Mexico’s pueblos have asked President Obama to use the Antiquities Act to declare this landscape a national monument to be protected alongside other nearby national treasures, such as Arches, Canyonlands, Bryce Canyon and Zion National Parks.

The First Patent Litigation Explosion, Christopher Beauchamp

Faculty Scholarship

No abstract provided.

The Candidate Cluster And Protocluster Catalog (Ccpc) Of Spectroscopically Identified Structures Spanning 2.74 < Z < 3.71, J. R. Franck, Stacy S. Mcgaugh

Faculty Scholarship

We developed a search methodology to identify galaxy protoclusters at z > 2.74 and implemented it on a sample of ∼14,000 galaxies with previously measured redshifts. The results of this search are recorded in the Candidate Cluster and Protocluster Catalog (CCPC). The catalog contains 12 clusters that are highly significant overdensities (δgal > 7), 6 of which were previously known. We also identify another 31 candidate protoclusters (including four previously identified structures) of lower overdensities. CCPC systems vary over a wide range of physical sizes and shapes, from small, compact groups to large, extended, and filamentary collections of galaxies. This variety persists …