Digital Commons Network^™

Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts

Kentucky Law Journal

No abstract provided.

Aggregate Corruption, Michael D. Gilbert, Emily Reeder

Kentucky Law Journal

No abstract provided.

Judicial Review Of Direct Democracy: A Reappraisal, Michael E. Solimine

Kentucky Law Journal

In his dissent in Arizona State Legislature v. Arizona Independent Redistricting Commission in 2015, Justice Clarence Thomas argued that the Supreme Court had been inconsistent in the rigor it employs when considering constitutional challenges to the products of direct democracy, i.e., referenda and initiatives. Some cases seemed to use stricter scrutiny, and others lesser scrutiny, as compared to challenges to ordinary legislation. Justice Thomas argued that the review of direct democracy should be the same as for ordinary legislation, a proposition with which this Article agrees. This Article challenges the position advanced by Professor Julian Eule over twenty-five years …

Arbitrating Ballot Battles?, Rebecca Green

Kentucky Law Journal

This short article posits that arbitration is an under-explored mechanism for resolving post-election disputes. As Professor Edward Foley documents in Ballot Battles: The History of Disputed Elections in the United States, post-election disputes have brought state and federal government to a political precipice numerous times in our history. A comprehensive, transparent, and fair arbitration process could well save us from another.

Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler

Kentucky Law Journal

No abstract provided.

The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed

Kentucky Law Journal

No abstract provided.

Kentucky Law Journal Masthead For Volume 105, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Front Matter For Volume 105, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Letter From The Editor, R. Nicholas Rabold

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 105, Issue 1, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Osei'tutu

Kentucky Law Journal

Global intellectual property obligations shape domestic laws and policies. More than twenty years since the first multilateral trade-based intellectual property agreement, critics contend that global intellectual property law prioritizes intellectual property rights over other interests, and profits over people. Faced with international intellectual-property obligations, nations have been forced to justify laws and policies designed to promote human development in areas such as health and education as exceptions to intellectual property protection. This is the result of legal interpretations that treat the objectives of intellectual property protection and human development as inconsistent with one another. Drawing on the objectives of trade …

Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman

Kentucky Law Journal

Citizens United v. Federal Election Commission positions a corporation as an entity entitled to constitutional rights equal to the rights of natural persons. In many situations, this holding may be the impetus for reform and reconsideration of state restrictions on corporate rights that were problematic before the decision. The operation of corporate statutes on corporations chartered in one state but doing business in another state as a foreign corporation is an area in need of this Citizens United-inspired review. Although most corporations operate as foreign corporations outside of their state of incorporation, neither the constitutional validity of corporate withdrawal …

Immigrant Passing, Andrew Tae-Hyun Kim

Kentucky Law Journal

The metaphor of America as a "melting-pot" is as old as this country's founding. In its aspirational reach and inclusive vision, this storied narrative is alluring. This assimilationist norm is deeply woven into our culture and laws. But the demand to assimilate can easily cross the ine into unlawful discrimination and exact untold harms on an individual's identity For over eleven million undocumented immgrants in the United States, many of whom have lived here for generations, the story of inclusion smacks of fiction. To remedy their daily fear of deportation and obviate the need to hide, the Obama Administration enacted, …

Digging Out Of The Hole: Arguments Against The Use Of Juvenile Solitary Confinement In Kentucky, Mary Ann Lee

Kentucky Law Journal

No abstract provided.

A Missing Piece: The Importance Of Control Over An Undue Hardship In A Request To Discharge Student Loans Through Bankruptcy, Megan E. Niespodziany

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 105, Issue 2, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 105, Issue 3, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

#Advocacy: Social Media Activism's Power To Transform Law, Stacey B. Steinberg

Kentucky Law Journal

Attorneys influence the actions of legislators, courts, and community leaders by working alongside social movements. Together, these advocates seek to challenge the status quo by setting precedent that will ensure equality and justice for all individuals. While social movements often use social media to convey their message or to gather support for their cause, many attorneys are unfamiliar with leveraging this powerful new technology.

Social media platforms provide a low-cost, fast, and easy-to-use tool that effectively disseminates information and helps advocates garner support for their cause. However, some social change advocates, including lawyers and policymakers, are hesitant to get involved …

Table Of Contents For Volume 105, Issue 4, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder

Kentucky Law Journal

An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection …

Assessing The Impact Of Government Documents And Data Information Literacy Instruction On Life-Long Learning And Student Success, Darren Sweeper

University Libraries Scholarship and Creative Works

This poster focuses on assessing the impact of Government Documents and data information literacy instruction on life-long learning and student success for graduate students in the Masters of Public Health program at Montclair State University. Using a multi-modal assessment process that included measuring the outcomes of one-shot information literacy classes, combined with embedded online research guides, and one-to-one research appointments with the Government Documents librarian. This project sought to demonstrate the relevance of data information literacy instruction while promoting life-long learning using government documents with students in the Community Health Education Concentration. The project also demonstrates the value of the …

Understanding Protein-Protein Interactions In Plantae In Network Biology Utilizing A Novel Y2h Liquid Assay Approach, Jessica Lopez Lopez

All ETDs from UAB

The Yeast-2-Hybrid (Y2H) assay is a heterologous system that is expanding network biology knowledge via in vivo investigations of binary protein-protein interactions. Traditionally, the Y2H protocol entails the mating or co-transformation of yeast in solid agar media followed by visual analysis for diploid selection. Having played a key role in identifying protein-protein interactions for nearly three decades, the Y2H system includes the interaction between two proteins of interest which result in a reconstituted transcription factor allowing a reporter gene to be transcribed. In this thesis, two primary objectives were pursued to expand the knowledge of protein-protein interactions. The primary objective …

The Dilemma Of Double Fractions: Has Hysaw Resolved The Fixed Vs. Floating Non-Participating Royalty Interest Issue?, Laura H. Burney

Faculty CLE

No abstract provided.

The Truth Might Set You Free: How The Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not, Gerald S. Reamey

Faculty Articles

Michael Morton spent twenty-five years in a Texas prison for the murder of his wife, a crime he always denied committing. Following investigation aimed at proving that he was innocent, blatant prosecutorial misconduct came to light. Potentially exculpatory evidence had been hidden by the District Attorney in the case, allowing the actual killer to remain free to kill another victim before finally confessing to his crime. The attention this case attracted brought to light the stingy and discretionary discovery options available to criminal defendants in Texas, who were relegated to hoping that prosecutors would allow access to information in their …

In Memory Of Joe E. Anderson (1928-2016), Professor Of Law, St. Mary's University School Of Law, Michael Ariens

Faculty Articles

No abstract provided.

The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism, L Wayne Scott

Faculty Articles

No abstract provided.

Examining Hiv-Associated Symptom Burden And Microbial Translocation In The Veterans Aging Cohort Study: A Secondary Data Analysis, Natalie Lynn Wilson

All ETDs from UAB

group of 50 women (group 1) received computer-tailored feedback with brief counseling.

Temporal Co-Expression Network Construction, Leading Sub-Network Identification, And Time Point Alignment In The Integration Of Phase Transition Theory And Systems Biology And The Application To Human Type 1 Diabetes, Nathaniel Wolanyk

All ETDs from UAB

Systems biology is a rapidly expanding field used to tackle a wide range of biological problems. Systems biology arose to explain areas that detailed biological analysis, such as genetics and biopsies, struggled with. Systems biology is the study of the complexity within a biological system of multiple units that is due to the interaction among the units. In this dissertation systems biology will be combined with phase transition theory from physics to create a new analysis method for complex diseases and apply this new method to a longitudinal dataset on Type 1 Diabetes (T1D) to identify the key contributing molecules …

Upper Extremity Motor Training Of A Patient With Initially Motor Complete High Tetraplegia Using Constraint-Induced Biofeedback Therapy (Cibt), Brent Womble

All ETDs from UAB

Treatment in this case of motor complete high tetraplegia began 22 months after injury. Electromyographic biofeedback was used to strengthen weak muscle contractions in the right upper arm to obtain limb movement. The newly emerging movement was trained by shaping to enable functional movements: controlling a wheelchair with a joystick, using a computer mouse for typing, and bringing the hand to mouth for self-feeding and facial hygiene with the aid of a Swedish Help Arm counterweight system. Some individuals with high tetraplegia may have heretofore unexplored capacity for late motor recovery with appropriate noninvasive training.

The Impact Of Rrna And Trna Synthesis On Chromatin Structure And Cell Fate, Jessica Makofske Woolnough

All ETDs from UAB

The Central Dogma of molecular biology describes the process by which genetic material is faithfully converted into functional molecules across all domains of life. Originally, RNA was solely understood as an intermediate in this process. However, mounting evidence over the past 50 years has made clear that RNA have diverse functional roles as a class of molecule termed non-coding RNA. Two of the first described non-coding RNA have essential roles within the Central Dogma, itself: ribosomal RNA (rRNA) and transfer RNA (tRNA). These two non-coding RNA are highly abundant, collectively accounting for up to 90% of the total transcript in …