Digital Commons Network^™

From Wires To Cables: Attempted Synthesis Of 1,3,5-Trifluorenylcyclohexane As A Platform For Molecular Cables, Marat R. Talipov, Sameh H. Abdelwahed, Khushabu Thakur, Scott A. Reid, Rajendra Rathore

Chemistry Faculty Research and Publications

Multiple molecular wires braided together in a single assembly, termed as molecular cable, are promising next-generation materials for effective long-range charge transport. As an example of the platform for constructing molecular cables, 1,3,5-trifluorenylcyclohexane (TFC) and its difluorenyl analogues (DFCs) were systematically investigated both experimentally (X-ray crystallography) and theoretically (DFT calculations). Although the syntheses of DFCs were successfully achieved, the synthesis of TFC, which involved a similar intramolecular Friedel–Crafts cyclization as the last step, was unsuccessful. An exhaustive study of the conformational landscape of cyclohexane ring of TFC and DFCs revealed that TFC is …

Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn

Case Western Reserve Law Review

This article examines the existence of racial profiling in traffic ticketing data.

The Return Of Coverture, Allison Anna Tait

Law Faculty Publications

Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …

Transforming The “Thurmond Rule” In 2016, Carl W. Tobias

Law Faculty Publications

This piece first analyzes the Rule’s history. Part II explains the convention and its deleterious consequences. Finding that each party reinterprets the notion to stymie appointments—which perverts the selection process, deprives courts of judicial resources for delivering justice, and intensifies the “confirmation wars”—the final Part proffers solutions. Because the Rule has multiple detrimental effects, it warrants abolition.

Singled Out, Michael Pappas

Publications

David has been "singled out." He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?

Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.

However, courts and scholars have yet to critically examine the concept of singling-out, and …

Amphibians And Reptiles Of The State Of Coahuila, Mexico, With Comparison With Adjoining States, J. A. Lemos-Espinal, Geoffrey R. Smith

Faculty Publications

No abstract provided.

Conjunctive Groundwater Management As A Response To Social Ecological Disturbances: A Comparison Of Four Western U.S. States, Sonya Ziaja, Zachary P. Sugg, Edella C. Schlager

All Faculty Scholarship

Recent severe droughts in U.S. western and Great Plains states have highlighted the challenges that socio-ecological disturbances can pose for governing groundwater resources, as well as the interconnections between groundwater and surface water and the need to manage the 2 in an integrated way. Conjunctive management recognizes these interconnections and can be used to mitigate disturbances and achieve a variety of water management goals. However, comparative studies of how and to what extent various states have implemented conjunctive management strategies are few. Here we compare and assess the use of conjunctive management practices in 4 western state —Arizona, California, Nebraska, …

The Hostilities-Occupation Dichotomy And Cultural Property In Non-International Armed Conflicts, Anne-Marie Carstens

All Faculty Scholarship

No abstract provided.

Putting Public Law Into “Private” Sport, Dionne L. Koller

All Faculty Scholarship

Across all levels of sport—professional, Olympic, intercollegiate, interscholastic, and youth recreational—the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective sports as they see …

Disaggregating “Immigration Law”, Matthew J. Lindsay

All Faculty Scholarship

Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of noncitizens to enter and remain within the United States comprise a distinct body of “immigration laws” presumed to be part and parcel of foreign affairs and national security. This Article argues that the U.S. Supreme Court’s recent immigration jurisprudence suggests a willingness to temper, and perhaps …

Whither Reasonable Suspicion: The Supreme Court's Functional Abandonment Of The Reasonableness Requirement For Fourth Amendment Seizures, Steven P. Grossman

All Faculty Scholarship

Although the United States Supreme Court’s approach to issues governing application of the probable cause requirement of the Fourth Amendment has mutated over the years, at least one aspect of its approach has remained constant. Before information leading to probable cause or its lesser iteration of reasonable suspicion is found to exist, the government must demonstrate in some meaningful way the reliability of the person providing the information or of the information itself. Lacking such reliability, no search or seizure based on probable cause or reasonable suspicion is permitted. In its recent decision in Navarette v. California, the Court largely …

Interpretation: Article I, Section 5, Ronald Weich, Martin B. Gold

All Faculty Scholarship

In Article I of the Constitution, the Framers vest the legislative authority of the United States government in a bicameral Congress, and over the ten sections of the Article they systematically flesh out the structure, duties, and powers of that Congress. In the early sections of Article I they describe the membership of each House, giving life to the “Great Compromise” of the Constitutional Convention under which each state has equal representation in the Senate but population-based representation in the House of Representatives. In Section 5, they grant Congress the power to govern itself.

Section 5 consists of four separate …

En-Gendering Economic Inequality, Michele E. Gilman

All Faculty Scholarship

We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these important discussions is the reality that economic inequality is not a uniform experience; rather, its effects fall more harshly on women and minorities. With regard to gender, American women have higher rates of poverty and get paid less than comparable men, and their workplace participation rates are falling. Yet economic inequality is neither …

Achieving Sex-Representative International Court Benches, Nienke Grossman

All Faculty Scholarship

Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …

Defining Lawmaking Power, Kimberly L. Wehle

All Faculty Scholarship

This Article teases apart the various permutations of what the federal lawmaking power means, canvases the Court's historical treatment of that question, and describes its practical implications as a matter of both constitutional and administrative law. It proposes a taxonomy of lawmaking in an effort to bring coherence to the task of defining the lawmaking power as well as Congress's prerogative to exercise it.

Public Laws And Private Lawmakers, Kimberly L. Wehle

All Faculty Scholarship

The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …

The Inequality Of America's Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John Bessler

All Faculty Scholarship

We live in a divided society, from gated communities to cell blocks congested with disproportionate numbers of young African-American men. There are rich and poor, privileged and homeless, Democrats and Republicans, wealthy zip codes and stubbornly impoverished ones. There are committed "Black Lives Matter" protesters, and there are those who—invoking "Blue Lives Matter" demonstrate in support of America‘s hardworking police officers. In her new article, "Matters of Strata: Race, Gender, and Class Structures in Capital Cases," George Washington University law professor Phyllis Goldfarb highlights the stratification of our society and offers a compelling critique of America‘s death penalty regime—one, she …

Permitting Abused Spouses To Claim The Earned Income Tax Credit In Separate Returns, Fred B. Brown

All Faculty Scholarship

The earned income tax credit (EITC) is a refundable tax credit for federal income tax purposes that is generally available to lowincome taxpayers who have income from either employment or selfemployment. The EITC is currently the largest government program providing aid to low-income individuals. The subsidy provided by the EITC is of particular importance to individuals subjected to domestic abuse, given that such individuals are often impoverished, and the EITC can provide them with the financial resources necessary to improve, endure, or leave an abusive relationship.

Despite the importance of the EITC, married individuals subjected to domestic abuse face serious …

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius

All Faculty Scholarship

Two judicial opinions have shaped the modem college athletic world. NCAA v. Board of Regents of the University of Oklahoma declared the NCAA's exclusive control over the media rights to college football violated the Sherman Act. That decision allowed universities and conferences to control their own media revenue and laid the foundation for the explosion of coverage and income in college football today. Clarett v. NFL held that the provision then in the National Football League's (NFL) Constitution and By-Laws that prohibited players from being eligible for the NFL draft until three years from the date of their high school …

Toward A Reality-Based Estate Tax, Wendy C. Gerzog

All Faculty Scholarship

Currently, the estate tax does not accurately value the property and transactions that it is meant to cover. Additionally, the marital and charitable deductions do not reflect actual associated transfers, instead skewing their benefits away from their purported beneficiaries. This Article proposes reforming the estate tax by eliminating these sources of unreality and distortion, and to make the current estate tax a reality-based tax. Through six specific proposals, the Article identifies solutions to the problems associated with testamentary transfers, puts forth alternative methods of valuation to prevent gaming of transfer taxes, and offers significant modifications to two deduction provisions.

Congressional And Presidential War Powers As A Dialogue: Analysis Of The Syrian And Isis Conflicts, Charles Tiefer, Kathleen Clark

All Faculty Scholarship

Much of the scholarship on war powers looks back on whether U.S. military interventions were authorized, examining the President's powers under Article II of the Constitution, and congressional enactments. That legal question is important, but it does not capture the interactive nature of the dynamic between Congress and the President. This Article instead focuses on the process of dialogue between Congress and the President prior to the exercise of war powers. We examine in detail how that dialogue operates in two recent episodes: the U.S. response to Syrian President Assad's use of chemical weapons in 2013, and the rise of …

There Are Cracks In The Civil Commitment Process: A Practitioner’S Recommendations To Patch The System, Donald H. Stone

All Faculty Scholarship

When a dangerously mentally ill person is in need of in-patient psychiatric hospitalization, the apparatus for involuntary civil commitment goes into motion. As a result, a mentally ill person can be confined against his or her will, to remain in the hospital indefinitely. The mentally ill person’s freedom depends on the outcome of a single hearing. The civil commitment process raises a number of legal questions: What are the constitutional protections against self-incrimination and the right to remain silent? Who presides over the hearing? Do the rules of evidence apply, specifically hearsay? Is the burden of proof standard by the …

Platform For Local Political Expression And Resolution (Barcelona 1992), S Essex

School of Geography, Earth and Environmental Sciences

No abstract provided.

Fingerprinting And Tracing The Sources Of Soils And Sediments: Earth And Ocean Science, Geoarchaeological, Forensic, And Human Health Applications, P. N. Owens, W. H. Blake, L. Gaspar, D. Gateuille, A. J. Koiter, D. A. Lobb, E. L. Petticrew, D. G. Reiffarth, H. G. Smith, J. C. Woodward

School of Geography, Earth and Environmental Sciences

No abstract provided.

A "Mental Models" Approach To The Communication Of Subsurface Hydrology And Hazards, H Gibson, I Stewart, S Pahl, A Stokes

School of Geography, Earth and Environmental Sciences

Communicating information about geological and hydrological hazards relies on appropriately worded communications targeted at the needs of the audience. But what are these needs and how does the geoscientist discern them? This paper adopts a psychological "mental models" approach to assess the public perception of the geological subsurface and surveys three communities in the south-west of England about their attitudes and representations of the geological subsurface. The findings reveal important preconceptions and misconceptions regarding the impact of hydrological systems and hazards on the geological subsurface, notably in terms of the persistent conceptualisation of underground rivers and the inferred relations between …

A Core Curriculum For Sociology In Uk Undergraduate Medical Education, T Collett, L Brooks, S Forrest, J Harden, M Kelly, K Kendall, Stewart S Macbride, M Sbaiti, F Stevenson

Peninsula Medical School

No abstract provided.

Can’T Count Or Won’T Count? Embedding Quantitative Methods In Substantive Sociology Curricula: A Quasi-Experiment, Malcolm Williams, Luke Sloan, Sin Yi Cheung, Carole Sutton, Sebastian Stevens, Libby Runham

Peninsula Medical School

This paper reports on a quasi-experiment in which quantitative methods (QM) are embedded within a substantive sociology module. Through measuring student attitudes before and after the intervention alongside control group comparisons, we illustrate the impact that embedding has on the student experience. Our findings are complex and even contradictory. Whilst the experimental group were less likely to be distrustful of statistics and appreciate how QM inform social research, they were also less confident about their statistical abilities, suggesting that through ‘doing’ quantitative sociology the experimental group are exposed to the intricacies of method and their optimism about their own abilities …

‘More Than Scaling-Up’: Sustainability Contexts, Competencies, And Consequences - A Critical Inquiry, Stephen Sterling, Paul Warwick, Wendy Miller, Harold Glasser, Marco Rieckmann

School of Health Professions

To identify and problematise the key issues characterising the relationship between global sustainability contexts and the limited response of HE to date - with the purpose of unlocking the potential for innovative, replicable efforts to develop sustainability competencies through innovation in curriculum policy and practice, through addressing these sub-aims:  How far does HE policy accommodate and reflect the need for sustainability competencies? How can capacity for teaching for competency be built and supported through new policies?  How can curricula and pedagogy be better aligned to facilitate the building of sustainability competency in learners and teachers?  What effect …

Geography And Post-Phenomenology, James Ash, Paul Simpson

School of Geography, Earth and Environmental Sciences

This paper examines geography’s engagements with phenomenology. Tracing phenomenology’s influence, from early humanist reflections on the lifeworld to non-representational theories of practice, the paper identifies the emergence of a distinct post-phenomenological way of thinking. However, there is currently no clear articulation of what differentiates post-phenomenology from phenomenology as a set of theories or ideas, nor is there a clear set of trajectories along which such difference can be pursued further. In response to this, the paper outlines three key elements that differentiate phenomenology from post-phenomenology and that require further exploration. First is a rethinking of intentionality as an emergent relation …

Spectral And Chromatographic Characterisation Of The Onoceroid, Ambrane: A Potential Novel Biological Marker, Paul A. Sutton, Steven J. Rowland

School of Geography, Earth and Environmental Sciences

The gas chromatography–mass spectrometry (GC–MS) characteristics, including GC retention indices and mass spectra, of isomers of the tricyclic onoceroid C30 hydrocarbon, ambrane (1,1,4a,6-tetramethyl-5-{4-methyl-6-[2,2,6-trimethylcyclohexyl]hexyl}decahydronaphthalene) are reported. Ambrane is yet to be reported in sediments or petroleum: other biochemically-related onoceroids, such as onoceranes and serratanes, have been. Now that GC–MS data are available, a search for ambranes in geochemical samples may be both feasible and warranted.