Digital Commons Network^™

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Faculty Scholarship

Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …

A Search For The Lhcb Charmed "Pentaquark" Using Photoproduction Of J/Ψ At Threshold In Hall C At Jefferson Lab, A. Asaturyan, H. Mkrtchyan, T. Tadevosyan, S. Zhamkochyan, J. Arrington, W. Armstrong, K. Hafidi, M. Hattawy, Z. Ye, K. Aniol, H. Gao, Z. Zhao, T. Liu, X. Yan, C. Gu, C. Peng, X. Li, W. Xiong, P. Markowitz, K. Adhikari, H. Bhatt, D. Bhetuwal, J. Dunne, D. Dutta, L. El-Fassi, L. Ye, F. R. Wesselmann, X. Chen, Q. Fu, R. Wang, Y. Zhang, F. Zhao, R. Dupré, G. M. Huber, W. Li, A. Zafar, S. Bae, H. Choi, S. Choi, H. Go, J. Ha, H. Atac, B. Duran, S. Joosten, Z.-E. Meziani, M. Paolone, M. Rehfuss, N. Sparveris, J.-P. Chen, E. Chudakov, M. Diefenthaler, O. Hansen, D. Higinbotham, M. Jones, D. Meekins, L. Pentchev, E. Pooser, S. Wood

Physics Faculty Publications

We propose to measure the photo-production cross section of J/Ψ near threshold in search of the recently observed LHCb hidden charm resonances Pc(4380) and Pc(4450) consistent with "pentaquarks." The observation of these resonances in photo-production is important to differentiate the true resonance nature of the LHCb states from kinematics enhancements. The bremsstrahlung photon beam produced with an 11 GeV electron beam at CEBAF enables us to cover the energy range of J/Ψ production from the threshold photo-production energy of 8.2 GeV to an energy beyond the presumed Pc(4450) resonance production. The proposed experiment will be carried out in Hall C …

Unbent Science, Peter L. Strauss

Faculty Scholarship

A fraught area in recent times has been the unwillingness of the political executive to accept scientific findings generated in the civil service or in the academy in the face of controversy over regulatory matters on which they bear. Issues about “bending science” became particularly acute during the second Bush presidency, when political refusals to accept scientific findings and political controls over the manner in which some scientific issues were addressed disheartened the civil service, produced strident objections from the science community, and made restoring the integrity of governmental science both a campaign issue for candidate Obama and a pursuit …

The Corporation's Place In Society, Gabriel Rauterberg

Faculty Scholarship

The vast majority of economic activity is now organized through corporations. The public corporation is usurping the state’s role as the most important institution of wealthy capitalist societies. Across the developed world, there is increasing convergence on the shareholder-owned corporation as the primary vehicle for creating wealth. Yet nothing like this degree of convergence has occurred in answering the fundamental questions of corporate capitalism: What role do corporations serve? What is the goal of corporate law? What should corporate managers do? Discussion of these questions is as old as the institutions involved.

Testimony On Pennsylvania Sb1306: No Additional Protections For Religious Freedom, Katherine M. Franke, Burton Caine, Lenore F. Carpenter, Eric A. Feldman, Thersa Glennon, Nancy J. Knauer, Jules Lobel, Wendell Pritchett, Dara E. Purvis, Brishen Rogers, Victor C. Romero, Kathryn M. Stanchi, Nancy A. Welsh

Faculty Scholarship

On behalf of the Public Rights/Private Conscience Project (PRPCP) at Columbia Law School I offer the following legal analysis of Senate Bill 1306. Overall, the current version of the bill promises to modernize Pennsylvania’s Human Relations Act by expanding antidiscrimination protections in employment to include sexual orientation and gender identity-based discrimination. Were the Pennsylvania legislature to pass SB 1306, the Commonwealth would join twenty-two states that include sexual orientation and nineteen states that include gender identity in their laws assuring equal employment opportunities for their citizens.

Testimony Regarding The First Amendment Defense Act (Fada), Katherine M. Franke, Elizabeth A. Sepper, Ariela Gross, Sylvia A. Law, Martin S. Flaherty, Suzanne B. Goldberg, Carol Sanger, J. Stephen Clark, Florens Wagman Roisman, Gregory Magarian, Caroline Mala Corbin, Nomi Stolzenberg, Carlos A. Ball, Aaron Ezra Waldman, Aziza Ahmed, Jennifer A. Drobac, Deborah Widiss, Arthur S. Leonard, Martha M. Ertman

Faculty Scholarship

My testimony today is delivered on behalf of twenty leading legal scholars who have joined me in providing an in depth analysis of the meaning and likely effects of the First Amendment Defense Act (FADA), were it to become law. We feel particularly compelled to provide testimony to this Committee because the first legislative finding set out in FADA declares that: “Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be addressed through legislation.” As leading legal scholars we must correct this statement: we do not concur that conflicts between same-sex marriage and …

Memorandum On Mississippi House Bill 1523, Katherine M. Franke, Michèle Alexandre, Deborah A. Challener, Judith J. Johnson, Richard Gershon, Elizabeth A. Sepper, Noa Ben-Asher, Daria Roithmayr, Nomi M. Stolzenberg

Faculty Scholarship

As legal scholars with expertise in matters of religious freedom, civil rights, and the interaction between those fields, we offer our opinion on the scope and meaning of Mississippi House Bill 1523, which was signed into law today by Governor Phil Bryant. Specifically, we wish to call attention to language in the law that we believe conflicts with the Establishment Clause of the U.S. Constitution. We share the view of Justice Kennedy when he expressed that “a bare . . . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest,” and would add that neither can …

Preliminary Comments On Restatement Of Copyright, Draft 2, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

Thank you for the opportunity to comment on Preliminary Draft 2 of the Restatement of Copyright. These are preliminary comments, given the short time frame provided to review the draft, and we anticipate sending further comments after we’ve had the opportunity to study the draft further, or as a follow-up to the Advisers’ meeting and the Consultative Group meeting on November 10 and 11, 2016, respectively.

Working Themselves Impure: A Life Cycle Theory Of Legal Theories, Jeremy K. Kessler, David E. Pozen

Faculty Scholarship

Prescriptive legal theories have a tendency to cannibalize themselves. As they develop into schools of thought, they become not only increasingly complicated but also increasingly compromised, by their own normative lights. Maturation breeds adulteration. The theories work themselves impure.

This Article identifies and diagnoses this evolutionary phenomenon. We develop a stylized model to explain the life cycle of certain particularly influential legal theories. We illustrate this life cycle through case studies of originalism, textualism, popular constitutionalism, and cost-benefit analysis, as well as a comparison with leading accounts of organizational and theoretical change in politics and science. And we argue that …

Law And Moral Dilemmas, Bert I. Huang

Faculty Scholarship

A runaway trolley rushes toward five people standing on the tracks, and it will surely kill them all. Fortunately, you can reach a switch that will turn the trolley onto a side track – but then you notice that one other person is standing there. Is it morally permissible for you to turn the trolley to that side track, where it will kill one person instead of five? Is it not only morally permissible, but even morally required? This classic thought experiment is a mainstay in the repertoire of law school hypotheticals, often raised alongside cases about cannibalism at sea, …

The Meming Of Substantive Due Process, Jamal Greene

Faculty Scholarship

Substantive due process is notoriously regarded as a textual contradiction, but it is in fact redundant. The word "due" cannot be honored except by inquiring into the relationship between the nature and scope of the deprived interest and the process-whether judicial, administrative, or legislative-that attended the deprivation. The treatment of substantive due process as an oxymoron is what this Essay calls a constitutional meme, an idea that replicates through imitation within the constitutional culture rather than (necessarily) through logical persuasion. We might even call the idea a "precedent," in the nature of other legal propositions within a common law system. …

The Age Of Scalia, Jamal Greene

Faculty Scholarship

During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest quite as obsessive as that of the radicals, the reformers, and the revolutionaries. What the true believers look for, and find, is proof that, once upon a time, things were as we should like them to be: the laws of economics worked; the streams of legal doctrine ran sweet and pure; order, tranquility, and harmony governed our society. Their message is: turn back and all will be well.

Berne-Forbidden Formalities And Mass Digitization, Jane C. Ginsburg

Faculty Scholarship

This Essay addresses the Berne Convention's prohibition on the imposition of "formalities" on the "enjoyment and the exercise" of copyright, and the compatibility with that cornerstone norm of international endeavors to facilitate mass digitization, notably by means of extended collective licensing and "opt-out" authorizations. In the Berne context, "enjoyment" means the existence and scope of rights; "exercise" means their enforcement. Voluntary provision of copyright notice and of title-searching information on a public register of works and transfers of rights is fully consistent with Berne and should be encouraged. But the Berne Convention significantly constrains member states' ability to impose mandatory …

Six Degrees Of Graduation: Law And Economics Of Variable Sanctions, Alex Raskolnikov

Faculty Scholarship

From parking tickets to tax fines and punitive damages, legal sanctions matter in people's lives. Yet neither the legal nor the economics literature offers a comprehensive treatment of sanctions. Their practical complexity is not well understood, and their theoretical analysis is fragmented. This Essay addresses both limitations using tax law as a primary example. Sanctions are complex because they vary along at least six different dimensions: aggressiveness, magnitude, culpability, effort to comply, likelihood of detection, and offense history. These six degrees of sanction graduation are distinct, and potentially independent, but often intertwined in obscure and perplexing ways. After clarifying the …

Privacy-Privacy Tradeoffs, David E. Pozen

Faculty Scholarship

Legal and policy debates about privacy revolve around conflicts between privacy and other goods. But privacy also conflicts with itself. Whenever securing privacy on one margin compromises privacy on another margin, a privacy-privacy tradeoff arises.

This Essay introduces the phenomenon of privacy-privacy tradeoffs, with particular attention to their role in NSA surveillance. After explaining why these tradeoffs are pervasive in modern society and developing a typology, the Essay shows that many of the arguments made by the NSA's defenders appeal not only to a national-security need but also to a privacy-privacy tradeoff. An appreciation of these tradeoffs, the Essay contends, …

A Cause Of Action, Anyone?: Federal Equity And The Preemption Of State Law, Henry Paul Monaghan

Faculty Scholarship

I was not fortunate enough to have known Dan Meltzer well. I met Danny only a few times. We had only the thinnest of correspondence. Of his sterling reputation as a human being, I am of course fully aware. And I do know his work – all of it – thoroughly. On that point, a mountain of encomiums would iterate only a simple thought: Dan was the gold standard in federal courts scholarship. It is, therefore, a special honor to participate in a symposium to honor his memory.

In this very brief Essay, I focus on aspects of a topic …

"Death Tax" Politics, Michael J. Graetz

Faculty Scholarship

In his Keynote Address "Death Tax" Politics at the October 2, 2015 Boston College Law School and American College of Trust and Estate Counsel Symposium, The Centennial of the Estate and Gift Tax: Perspectives and Recommendations, Michael Graetz describes the fight over the repeal of the estate tax and its current diminished state. Graetz argues that the political battle over the repeal of the estate tax reflects a fundamental challenge to our nation's progressive tax system. This Address concludes that a revitalized estate tax is important for managing the national debt and reducing massive inequalities in wealth.

Applications Of Simulation And Optimization Techniques In Optimizing Room And Pillar Mining Systems, Angelina Konadu Anani

Doctoral Dissertations

"The goal of this research was to apply simulation and optimization techniques in solving mine design and production sequencing problems in room and pillar mines (R&P). The specific objectives were to: (1) apply Discrete Event Simulation (DES) to determine the optimal width of coal R&P panels under specific mining conditions; (2) investigate if the shuttle car fleet size used to mine a particular panel width is optimal in different segments of the panel; (3) test the hypothesis that binary integer linear programming (BILP) can be used to account for mining risk in R&P long range mine production sequencing; and (4) …

Eis Database Design Considerations, Sritharan Vinayagamoorthy

Sabin Center for Climate Change Law

This presentation provides an overview of design considerations for a new online database of environmental impact statements.

Developing An Online Database Of Environmental Impact Statements, Nilda Mesa

Sabin Center for Climate Change Law

An overview of the development of the City of New York's City Environmental Quality Review online database, CEQR Access.

Synthesis And Functionalization Of A Triaryldiamine-Base Photoconductive/Photorefractive Composite, And Its Application To Aberrated Image Restoration, Yichen Liang

Doctoral Dissertations

"Organic photorefractive (PR) composites have recently emerged as an important class of materials for applications including high-density data storage, optical communication, and biomedical imaging. In an effort to further improve their performance, this study focused on the utilization of functionalized semiconductor nanocrystals to photosensitize triaryamine (TPD)-based PR composites, as well as the application of TPD-based PR composites in the restoration of aberrated optical information. A novel approach to functionalize CdSe quantum dot (QCdSe) was firstly introduced where the sulfonated triarydiamine (STPD) was used as charge-transporting ligand to passivate QCdSe. TPD-based photoconductive and PR composites were photosensitized with the STPD-passivated QCdSe …

The New Gatekeepers: How Blogs Subverted Mainstream Book Reviews, Rebecca E. Johnson

Theses and Dissertations

Book reviewing has a fraught history in the United States. Reviewers have long been accused of not being analytical enough. It should be no wonder then with the emergence of social media that online book reviewing has become increasingly popular. Online reviewers, especially book bloggers, are no literary gatekeepers in their own right, shaping the tastes of readers across the world. Book blogs in particular pay special attention to titles which have long been derided by institutions such as libraries, academia, publishers, and bookstores. These literary gatekeepers typically ignore romance, fantasy, mystery, science fiction, young adult fiction, comic books, and …

The Implementation And Emulation Of Cult Movie Marketing, Rebekah W. Mckendry

Theses and Dissertations

Cult media is often an area of media studies that is difficult to define. Cult media branches through numerous time periods, genres, and fandom patterns. Cult trends are also constantly evolving over time, changing from word-of-mouth and point-of-sale advertising to social networks and Internet culture. But have the rudimentary basics of how media cults develop and spread their message changed along with the progressing marketing presentation? This dissertation explores the definition of media cults, their history, and marketing styles over time, ultimately exploring the tools utilized to market cult media and examine how these tools are now synthetically applied to …

The Care Factor: The Importance Of Using Domain Identification Measures To Identify Stereotype Threat Vulnerability In High School Females, Kimberly Y. Randolph

Theses and Dissertations

Abstract

THE CARE FACTOR: THE IMPORTANCE OF USING DOMAIN IDENTIFICATION MEASURES TO IDENTIFY STEREOTYPE THREAT VULNERABILITY IN HIGH SCHOOL FEMALES.

By Kimberly Y. Randolph, PhD

A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy at Virginia Commonwealth University.

Virginia Commonwealth University, 2016.

Major Director: Dr. Charol Shakeshaft, PhD. Professor Department of Educational Leadership

There is a gap that persists in math achievement between high school males and females. Although the NAEP 2015 longitudinal report shows a narrowing in math achievement between males and females there still remains a gap. More importantly, females are …

Instrumental Variable Approaches To Identifying The Causal Effect Of Educational Attainment On Dementia Risk, Thu T. Nguyen, Eric Tchetgen Tchetgen, Ichiro Kawachi, Stephen E. Gilman, Stefan Walter, Sze Yan Liu, M Maria Glymour

Department of Public Health Scholarship and Creative Works

PURPOSE:

Education is an established correlate of cognitive status in older adulthood, but whether expanding educational opportunities would improve cognitive functioning remains unclear given limitations of prior studies for causal inference. Therefore, we conducted instrumental variable (IV) analyses of the association between education and dementia risk, using for the first time in this area, genetic variants as instruments as well as state-level school policies.

METHODS:

IV analyses in the Health and Retirement Study cohort (1998-2010) used two sets of instruments: (1) a genetic risk score constructed from three single-nucleotide polymorphisms (SNPs; n = 7981); and (2) compulsory schooling laws (CSLs) …

University Of Central Florida Libraries, Annual Report 2015-2016, University Libraries

Libraries' Documents

No abstract provided.

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience

Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.

The Affordable Care Act Is Not Tort Reform, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced …

Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha

Scholarly Articles in Law Reviews & Journals

When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security’s (DHS) funding to “maintaining” 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions of non-citizens have gone up by nearly 25 percent. To accommodate for this significant spike over a relatively short period of time, the federal government has relied considerably on private prison corporations to build and operate immigration detention facilities.

This Article takes a comprehensive look at …

Student Loan Derivatives: Improving On Income-Based Approaches To Financing Law School, Benjamin Leff, Heather Hughes

Scholarly Articles in Law Reviews & Journals

No abstract provided.