Digital Commons Network^™

Integrating Human Health Into Environmental Impact Assessment: Review Of Health Impact Assessment In Thailand, Phayong Thepaksorn, Wattasit Siriwong, Sathirakorn Pongpanich

Applied Environmental Research

The objective of this paper is to review the integration of health impact assessment (HIA) into environmental health assessment (EIA) or EHIA, existing legal requirements for health risk analyses, and lessons learned for integrating HIA within EIA processes. The authors undertook literature searches for EHIA practices through academic publications, reports, and websites of pub-lic organizations and related agencies in Thailand. We examined and synthesized the HIA system development, regulations, and examples of integrated EHIA. In conclusion, the implementation of EHIA still faces many obstacles, especially in such com-plex sector policy environments. The uncertainties, lack of evidence base, and challenges in …

Citizen Science And Natural Resource Governance: Program Design For Vernal Pool Policy Innovation, Bridie Mcgreavy, Aram J. K. Calhoun, Jessica S. Jansujwicz, Vanessa R. Levesque

Faculty Publications

Effective natural resource policy depends on knowing what is needed to sustain a resource and building the capacity to identify, develop, and implement flexible policies. This retrospective case study applies resilience concepts to a 16-year citizen science program and vernal pool regulatory development process in Maine, USA. We describe how citizen science improved adaptive capacities for innovative and effective policies to regulate vernal pools. We identified two core program elements that allowed people to act within narrow windows of opportunity for policy transformation, including (1) the simultaneous generation of useful, credible scientific knowledge and construction of networks among diverse institutions, …

Income-Driven Repayment And The Public Financing Of Higher Education, John R. Brooks

Georgetown Law Faculty Publications and Other Works

This article provides the first comprehensive analysis in the legal literature of the federal government’s new income-driven student loan repayment programs, known as Income-Based Repayment and Pay As You Earn. In a set of gradual and little-noticed statutory and regulatory moves, the federal government, through these programs, has dramatically reshaped higher education finance in ways that schools, students, and even the government itself are only beginning to understand.

Under IBR and PAYE, a student borrower pays no more than 10% of her discretionary income in loan service payments, and after a maximum of 20 years, the remaining debt is forgiven—for …

Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline and, …

Copyright And Tort As Mirror Models: On Not Mistaking For The Right Hand What The Left Hand Is Doing, Wendy J. Gordon

Faculty Scholarship

No abstract provided.

The Corporation As Courthouse, Rory Van Loo

Faculty Scholarship

Despite the considerable attention paid to mandatory arbitration, few consumer disputes ever reach arbitration. By contrast, institutions such as Apple’s customer service department handle hundreds of millions of disputes annually. This Article argues that understanding businesses’ internal dispute processes is crucial to diagnosing consumers’ procedural needs. Moreover, businesses’ internal processes interact with a larger system of private actors. These actors include ratings websites that mete out reputational sanctions. The system also includes other corporations linked to the transaction, such as when American Express adjudicates a contested sale between a shopper and Home Depot. This vast private order offers promise to …

Foreword, Nancy J. Moore

Faculty Scholarship

In common parlance, the “regulatory state” refers to governance through specialized administrative agencies, such as the federal agencies that arose during the progressive era in the United States.1 Lawyering in the regulatory state takes a number of different forms, including the private representation of clients who are either litigating before agencies or facing compliance issues, as well as the public employment of lawyers within the agencies themselves. Both types of regulatory lawyering raise a wide range of unique ethical issues for lawyers and are the subject of the articles in this Fordham colloquium entitled Lawyering in the Regulatory State. These …

Current Issues In Patent Law And Policy, Michael J. Meurer

Faculty Scholarship

Patent law and policy have received a surprising amount of attention from courts and policymakers in recent years. This attention is warranted because innovation policy is critical in determining the pace of innovation and the rate of economic growth. The reform proposals pending before Congress are motivated by widespread reports of abusive patent assertions and fears that patents sometimes stifle innovation. I favor most of the pending reforms and worry that our patent system, on balance, discourages innovation. But I part company from most reform proponents who focus on harms caused by the frivolous patent litigation mounted by many "non-practicing …

Big Legal History And The Hundred Year Test, David J. Seipp

Faculty Scholarship

The generation of legal historians working in the opening decades of the twenty-first century have an opportunity to use digital technology to bring the sources of legal history to a wider audience of scholars and to facilitate the research of future scholars for many generations to come. I say this because, commencing in 1999, I compiled a searchable database of identifying information about and content of the 22,318 reports in the Year Books, cases decided in England's courts of common law between 1268 and 1535. With the generous support and sponsorship of the Ames Foundation, my database has become an …

Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp

Faculty Scholarship

What did English lawyers know about Magna Carta in the fourteenth and fifteenth centuries? How did they talk about it? Did they regard the king as above the law or subordinate to it? What did they make of the guarantees that we now think were most important in Magna Carta, the guarantee of judgment of peers or the law of the land, and of speedy justice? The evidence of the Year Books is that Magna Carta was treated as a minor statute, that the king was or ought to be above the law in many respects, and that trial by …

A More Fundamental Distinction For The Contemporary Economy Between Employee And Independent Contractor Status, Michael C. Harper

Faculty Scholarship

The common law remains an intellectual battle ground in Anglo-American legal systems, even in the current age of statutes. This is true in significant part because the common law provides legitimacy for arguments actually based on policy, ideology, and interest. It also is true because of the common law's malleability and related susceptibility to significantly varied interpretations.

Mere contention over the meaning of the common law to provide legitimacy for modern statutes is most often not productive of sensible policy, however. It generally produces no more than reified doctrine unsuited for problems the common law was not framed to solve. …

An Assessment Of The Human Subjects Protection Review Process For Exempt Research, Jonathan D. Loe, Alex Winkelman, Christopher Robertson

Faculty Scholarship

Medical and public health research includes surveys, interviews, and biospecimens - techniques that do not present substantial risks to subjects. Consequently, this research is exempt from regulation under the Federal Common Rule. Nevertheless, at many institutions, exempt research is frequently subject to the same regulatory process that is required for non-exempt research, requiring the consumption of time and resources for review by Institutional Review Board members or staff. The federal government has indicated an intention to reform and centralize this system, but has not yet specified the form that it will use instead. By examining the policies of the top …

Instrumental And Transformative Medical Technologies, Nicole Huberfeld

Faculty Scholarship

This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (A CA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being "instrumental technology" or "transformative technology." Instrumental technology acts as a tool of medicine and often serves an existing aspect of health …

The Internet Of Heirlooms And Disposable Things, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

The Internet of Things (“IoT”) is here, and we seem to be going all in. We are trying to put a microchip in nearly every object that is not nailed down and even a few that are. Soon, your cars, toasters, toys, and even your underwear will be wired up to make your lives better. The general thought seems to be that “Internet connectivity makes good objects great.” While the IoT might be incredibly useful, we should proceed carefully. Objects are not necessarily better simply because they are connected to the Internet. Often, the Internet can make objects worse and …

Taking Trust Seriously In Privacy Law, Neil Richards, Woodrow Hartzog

Faculty Scholarship

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …

Promoting Effective Assessment For Learning Methods To Increase Student Motivation In Schools In India, Sunddip Panesar-Aguilar, Erick Aguilar

Walden Faculty and Staff Publications

This qualitative study explored how using effective assessment can engage learners and motivate student learning in the Dehradun, Noida, Delhi, and Trivandrum regions in India. The study randomly sampled 26 teachers from six private schools. Private schools were used in this study since such schools allot substantial funds to support ongoing professional development. Four core themes were identified from this study. The implications derived from this study suggest that educational leaders, stakeholders, and teachers can help improve student motivation in the classroom if they involve students in assessment practices. This study provides a clear understanding of reasons why assessment can …

Criminal Laws On Sex Work And Hiv Transmission: Mapping The Laws, Considering The Consequence, Sienna Baskin, Aziza Ahmed, Anna Forbes

Faculty Scholarship

Lawmakers historically justify the mobilization of criminal laws on prostitution and HIV as a means of controlling the spread of disease. Over time, however, public health research has conclusively demonstrated that criminal laws on prostitution and HIV significantly impede the ability of sex workers to access services and to live without the stigma and blame associated with being a transmitter of HIV. In turn, mainstream public health approaches to sex work and HIV emphasize decriminalization as a way to improve the lives of sex workers in need of care, treatment, and services. Our current legal system, which criminalizes both prostitution …

From Outlaw To Outcast To In-Law? Contesting The Perils Of Marriage Equality, Linda C. Mcclain

Faculty Scholarship

I am pleased to offer the opening commentary in this BU Law Review Annex symposium on Professor Katherine Franke’s provocative new book, Wedlocked: The Perils of Marriage Equality. As previewed by the book’s additional subtitle, “How African Americans and Gays Mistakenly Thought the Right to Marry Would Set Them Free,” Franke aims to provide “cautionary tales” gleaned, or lessons learned, from juxtaposing post-Civil War regulation of the marriages of African Americans freed from slavery with today’s movement for marriage equality for gay men and lesbians.3 Long a skeptic about the gay community’s focus on the goal of marriage—its (in …

A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel

Faculty Scholarship

How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.); a mix of contract and trust law, but going towards trust (Japan), and a full trust-fiduciary law regulating banks (Israel). The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.

Africa's New Economic Partnerships And Dispute Settlement, Victoria Sahani

Faculty Scholarship

This panel was convened at 11:00 a.m., Thursday, March 31, 2016, by its moderator Uche Ewelukwa of the University of Arkansas School of Law, who introduced the panelists: Victoria Shannon Sahani of Washington and Lee University School of Law; David H. Shinn of George Washington University School of Law; and Thomas R. Snider of Greenberg Traurig LLP.

Panel 2: Types Of Litigation Funding, Geoffrey P. Miller, Maya Steinitz, Joshua Schwadron, Bradley Wendel, Michael Faure, Jef De Mot, Travis Lenkner

Faculty Scholarship

This is a transcript from the second panel of the 2015 NYU School of Law conference: Litigation Funding: The Basics and Beyond.

Panel Two

The second panel will build on the basics. Participants will explain and discuss different subcategories of funding, each of which may raise different conceptual, practical and/or regulatory concerns.

Panelists:

• Geoffrey Miller, New York University School of Law (Moderator)
• Maya Steinitz, University of Iowa College of Law
• Joshua Schwadron, Founder and CEO, Mighty
• Bradley Wendel, Cornell Law School
• Michael G. Faure, Maastricht University & Rotterdam University, the Netherlands
• Jef De Mot, Ghent University
• Travis Lenkner, Gerchen Keller …

Back To Basics: Public Adjudication Of Corporate Atrocities Torts, Maya Steinitz

Faculty Scholarship

The editors of this online symposium invited me to contribute to the subject of an argument I have recently advanced. This argument is that the world needs a permanent International Court of Civil Justice (ICCJ) to adjudicate cross-border mass torts. A common reaction to this proposal has been to suggest that the function of such an international court be assumed by one of the existing arbitration institutions or filled by a new one. I’d like to take this opportunity to argue against that idea.

Corporate atrocities, which are the symposium’s focus, may be crimes, but they also have a tort …

Boundedly Rational Entrepreneurs And Antitrust, Avishalom Tor

Journal Articles

This article examines entrepreneurial activity and its implication for policy and antitrust law from a behavioral perspective. In particular, the analysis here focuses on the role of two sets of behavioral phenomena—overconfident beliefs and risk-seeking preferences—in facilitating boundedly rational entrepreneurship. Boundedly rational entrepreneurs may engage in entrepreneurial activity, such as the starting of new business ventures, under circumstances in which rational entrepreneurs would decline to do so. Consequently, overconfident or risk-seeking entrants compete with their more rational counterparts and create a post-entry landscape that differs markedly from the picture assumed by traditional economic accounts of entrepreneurial activity. The behaviorally informed …

Show And Tell In The Legal Research Classroom: Screencasting As An Effective Presentation Format, Susan Azyndar, Ingrid Mattson

Journal Articles

From the Article

In spring 2015, we each taught an advanced legal research class piloting6 a screencast as a graded assignment. Here, we describe our reasons for creating this project, how we structured the assignment, how to help students succeed, and some tips to consider if you adopt this kind of assignment. In short, advance planning is the key, but it is well worth the effort given high student engagement and our satisfaction that the assignment met our classes’ core pedagogical goals.

Margaret’S Family Tree: A Story Of Hope And Belonging [Simulizi Ya Familia Ya Margareta: Hadithi Ya Matumaini Na Jumuiya], Susan Halverson

School of Social Work Faculty Publications and Presentations

Margaret’s Family Tree: A Story of Hope and Belonging (2016), is a coloring book designed to help children work through their grief in a constructive way and to help them acknowledge feelings about their lost loved ones. The book is written in both English and Swahili. It is illustrated in black and white by Oregon artist Edna M. Kennel. Halvorson-Westerberg is offering it free for duplication to anyone working with children, especially in African countries.

What Motivates Patients To Remain In Longitudinal Observational Studies?, Sravanthi Kaza

Master's Theses and Doctoral Dissertations

Abstract Background: Low retention rates threaten the validity of clinical research studies and generalizability of the results.

Aims: To survey Hepatitis B Research Network (HBRN) Cohort Study participants to evaluate University of Michigan retention strategies, to develop best practices, and to identify other strategies that will improve retention.

Methods: 90 patients that are currently participating in the HBRN Cohort study at the University of Michigan were surveyed.

Results: Participants were a good mix of male (51.2%) and female (46.5%), mostly non-Hispanic, between the age of 40 and 60 years (50%). Roughly half were Asian Chinese (50.2%), had some graduate school …

Tridiagonal Matrices And Boundary Conditions, J. J. P. Veerman, David K. Hammond

Mathematics and Statistics Faculty Publications and Presentations

We describe the spectra of certain tridiagonal matrices arising from differential equations commonly used for modeling flocking behavior. In particular we consider systems resulting from allowing an arbitrary boundary condition for the end of a one-dimensional flock. We apply our results to demonstrate how asymptotic stability for consensus and flocking systems depends on the imposed boundary condition.

Full State Revivals In Linearly Coupled Chains With Commensurate Eigenspectra, J. J. P. Veerman, Jovan Petrovic

Mathematics and Statistics Faculty Publications and Presentations

Coherent state transfer is an important requirement in the construction of quantum computer hardware. The state transfer can be realized by linear next-neighbour-coupled finite chains. Starting from the commensurability of chain eigenvalues as the general condition of periodic dynamics, we find chains that support full periodic state revivals. For short chains, exact solutions are found analytically by solving the inverse eigenvalue problem to obtain the coupling coefficients between chain elements. We apply the solutions to design optical waveguide arrays and perform numerical simulations of light propagation thorough realistic waveguide structures. Applications of the presented method to the realization of a …

A Multivariate Nonlinear Mixed Effects Model For Longitudinal Image Analysis: Application To Amyloid Imaging, Murat Bilgel, Jerry L. Prince, Dean F. Wong, Susan M. Resnick, Bruno M. Jedynak

Mathematics and Statistics Faculty Publications and Presentations

It is important to characterize the temporal trajectories of disease-related biomarkers in order to monitor progression and identify potential points of intervention. These are especially important for neurodegenerative diseases, as therapeutic intervention is most likely to be effective in the preclinical disease stages prior to significant neuronal damage. Neuroimaging allows for the measurement of structural, functional, and metabolic integrity of the brain at the level of voxels, whose volumes are on the order of mm³. These voxelwise measurements provide a rich collection of disease indicators. Longitudinal neuroimaging studies enable the analysis of changes in these voxelwise measures. However, …

Associations Between Performance On An Abbreviated Cogstate Battery, Other Measures Of Cognitive Function, And Biomarkers In People At Risk For Alzheimer's Disease, Annie M. Racine, Lindsay R. Clark, Sara C. Berman, Rebecca L. Koscik, Kimberly D. Mueller, Derek Norton, Christopher R. Nicholas, Kaj Blennow, Henrik Zetterberg, Bruno M. Jedynak, Murat Bilgel, Cynthia M. Carlsson, Bradley T. Christian, Sanjay Asthana, Sterling C. Johnson

Mathematics and Statistics Faculty Publications and Presentations

It is not known whether computerized cognitive assessments, like the CogState battery, are sensitive to preclinical cognitive changes or pathology in people at risk for Alzheimer's disease(AD). In 469 late middle-aged participants from the Wisconsin Registry for Alzheimer's Prevention(mean age 63.8±7 years at testing; 67% female; 39% APOE4+), we examined relationships between a CogState abbreviated battery(CAB) of seven tests and demographic characteristics, traditional paper-based neuropsychological tests as well as a composite cognitive impairment index, cognitive impairment status(determined by consensus review), and biomarkers for amyloid and tau(CSF phosphorylated-tau/Aβ42 and global PET-PiB burden) and neural injury(CSF neurofilament light protein). CSF and PET-PiB …