Digital Commons Network^™

Policy Readiness For Offshore Carbon Dioxide Storage In The Northeast, Romany Webb, Michael Gerrard

Faculty Scholarship

Reducing the amount of carbon dioxide in the atmosphere is vital to mitigate climate change. To date reduction efforts have primarily focused on minimizing the production of carbon dioxide during electricity generation, transport, and other activities. Going forward, to the extent that carbon dioxide continues to be produced, it will need to be captured before release. The captured carbon dioxide can then be utilized in some fashion, or it can be injected into underground geological formations – e.g., depleted oil and gas reserves, deep saline aquifers, or basalt rock reservoirs – where, it is hoped, it will remain permanently sequestered …

New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash

Faculty Scholarship

In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the “New Policing.” Breaking with a past tradition of “reactive policing,” the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The existing research and scholarship on these developments have focused mostly on the nation’s major cities, where concentrated populations and elevated crime rates provide pressurized laboratories for police experimentation, often in the spotlight of political scrutiny. An additional line of scholarship has looked more closely at how the tactics of the New Policing have …

Antitrust Precedent & Anti-Fraternity Sentiment: Revisiting Hamilton College, Jared S. Sunshine

Campbell Law Review

Over a decade ago, Prof. Mark Bauer wrote an article exploring the antitrust implications of a small college’s decision to forbid fraternities from competing in the student housing market and the ensuing litigation. Expanding this line of research, several key holdings—despite contrary antitrust doctrine elsewhere—have granted universities broad authority to control the residential choices of their students qua consumers, bespeaking a unique relationship between university and student to which the fraternity is an interloper. These core cases casually allude to the ostensibly defunct doctrine of in loco parentis, under which colleges were once seen as proxy parents to their pupils, …

The Americanism Of Justice Holmes, Andres Yoder

Campbell Law Review

There is no obvious way to reconcile each of Justice Oliver Wendell Holmes, Jr.'s intellectual sides. There is the monstrous Holmes, who thought the world was meaningless, insignificant, and hopelessly violent. There is the tender Holmes, who jealously guarded the time he could spend enjoying literature, philosophy, and art. And there is the scholarly Holmes, who left behind a litany of influential judicial opinions and articles, as well as a classic book, The Common Law.

Although the gulfs between each of Holmes's sides can make reconstructing his thought seem daunting, the task is amenable to a fairly simple solution: Holmes …

A Rhetoric To Climate Change Fashion: Base Of The Biomass Pyramid Is An Underestimated Carbon Sink, Syed Abbas, Ehjaz R. Abbas

Journal of Bioresource Management

This writing is an attempt to present few wild ideas, rhetoric to climate change fashion. We discussed the possibility of escaped fertilizers being produced globally and their possible role in capturing atmospheric carbon believing that some factors of climate change are being ignored while other are being over emphasized.

Knowledge Of Forest Ecosystem Among Forest Guards In Southern Nigeria, Norris I. Erhabor

Journal of Bioresource Management

Undertaken study assessed the level of ecological knowledge among forest guards in southern Nigeria. Descriptive survey research design was used for study. A structured questionnaire was administered to 60 respondents that are employed by forest guards system. Central question the study attempts to answer is the level of knowledge of the ecosystem among forest guards. Analysis of data revealed that forest guards have inadequate knowledge of ecosystem. Calculated mean score of respondents was 14.25. This mean score is lower than theoretical mean of 16 (80%). A binomial test revealed that fairly high number of respondents had inadequate knowledge of …

Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall

Faculty Scholarship

No abstract provided.

How To Assess The Real World Application Of A Capital Sentencing Statute: A Response To Professor Flanders’S Comment, John Mills

Faculty Scholarship

In assessing the constitutionality of a capital sentencing regime, the raw number of aggravating factors is irrelevant. What matters is their scope. To pass constitutional muster, aggravating factors (or the equivalent) must narrow the scope of death eligibility to the worst-of-the-worst. Professor Chad Flanders wants courts to ignore empirical assessments of the scope of aggravating circumstances and uses an imagined State of Alpha as his jumping off point. This response to Prof. Flanders makes the case for looking at the actual operation of a law, not just its reach in the abstract. This response focuses on Arizona’s capital sentencing regime …

Beyond Zero-Sum Environmentalism, David Takacs

Faculty Scholarship

No abstract provided.

Little Streams And Legal Transformations, Dave Owen

Faculty Scholarship

No abstract provided.

Liberty And Community In Marriage: Expanding On Massey's Proposal For A Community Property Option In New Hampshire, Jo Carrillo

Faculty Scholarship

No abstract provided.

The Cold War And Comparative Law: A Reflection On The Politics Of Intellectual Discipline, Ugo Mattei, Alessandra Quarta

Faculty Scholarship

No abstract provided.

The Future Of Natural Resources Law, Dave Owen, Andy Mergen, Holly Doremus, Charles Wilkinson

Faculty Scholarship

No abstract provided.

Water And Taxes, Dave Owen

Faculty Scholarship

No abstract provided.

The Curious Case Of Wendell V. Glaxosmithkline Llc, David L. Faigman, Jennifer Mnookin

Faculty Scholarship

No abstract provided.

Water And Taxes, Dave Owen

Faculty Scholarship

No abstract provided.

Little Streams And Legal Transformations, Dave Owen

Faculty Scholarship

No abstract provided.

Are Koalas Fungible: Biodiversity Offsetting And The Law, David Takacs

Faculty Scholarship

No abstract provided.

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

Faculty Scholarship

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …

Constructing An International Community, Monica Hakimi

Faculty Scholarship

What unites states and other global actors around a shared governance project? How does the group — what I will call an “international community” — coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, …

Suppfriends: Empowering Friends, Changing Culture, Allie Liss, Lily Grier

Senior Honors Papers / Undergraduate Theses

Without the proper education, responding to disclosure of sexual assault can be an experience for which many people feel entirely unprepared to handle – no matter how much they care about and want to help their friends. SuppFriends seeks to empower members of the WashU community to respond supportively and effectively to peer disclosures, as well as to understand their own experiences and take care of themselves in the process. In exploring what interventions already exist for the above stated problem, we searched for interventions that specifically addressed the issue of empowering friends of survivors, interventions that encompassed the idea …

The Sum Is More Public Domain Than Its Parts: Us Copyright Protection For Works Of Applied Art Under Star Athletica's Imagination Test, Jane C. Ginsburg

Faculty Scholarship

In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the "separability" predicate to copyright protection of decorative features of useful articles. Adopting the Gordian imagery evoked by other appellate courts, the Sixth Circuit in Varsity Brands lamented "[c]ourts have twisted themselves into knots trying to create a test to effectively ascertain whether the artistic aspects of a useful article can be identified separately from and exist independently of the article's utilitarian function." Star Athletica involved the "surface decorations" of stripes, chevrons, and color blocks applied to cheerleader uniforms. While the …

Understanding Recent Spikes And Longer Trends In American Murders, Jeffery Fagan, Daniel Richman

Faculty Scholarship

On September 7, 2016, four of the nation’s newspapers of record weighed in on the connected crises in crime and policing. The New York Times revealed the tensions between the Mayor’s office in Chicago and several community and professional groups over a plan to overhaul Chicago’s police disciplinary board – a plan developed in the wake of the shooting of an unarmed teenager, Laquan McDonald, and the release of a video of that killing. The Wall Street Journal related a vigorous defense of New York City’s “broken windows” policing strategy – a strategy that has been a recurring source of …

1930s Redux: The Administrative State Under Seige, Gillian E. Metzger

Faculty Scholarship

Eighty years on, we are seeing a resurgence of the antiregulatory and antigovernment forces that lost the battle of the New Deal. President Trump's administration has proclaimed the "deconstruction of the administrative state" to be one of its main objectives. Early Trump executive actions quickly delivered on this pledge, with a wide array of antiregulatory actions and a budget proposing to slash many agencies' funding. Invoking the long-dormant Congressional Review Act (CRA), the Republican-controlled Congress has eagerly repealed numerous regulations promulgated late in the Obama Administration. Other major legislative and regulatory repeals are pending, and bills that would impose the …

The Importance Of "Money", Kathryn Judge

Faculty Scholarship

In a provocative new book, The Money Problem: Rethinking Financial Regulation, Professor Morgan Ricks argues that the government should reclaim control over money creation. Money, Ricks argues, is not just the cash in your pocket or the balance in your checking account. Instead, at least for purposes of financial stability policy, money is best equated with short-term debt. For most of the twentieth century, such debt was issued primarily by regulated commercial banks and insured by the Federal Deposit Insurance Corporation (FDIC), resulting in a fairly stable financial system. As a result of financial innovation, however, much of today's short-term …

How Privacy Distorted Standing Law, Felix T. Wu

Articles

No abstract provided.

Efficacy Of Antimicrobials Against Unstressed Or Cold-Stress Adapted Salmonella Cells And Surrogate Enterococcus Faecium On Both Broiler Carcasses And Wings, Lacey Lemonakis

Graduate Theses, Dissertations, and Problem Reports (ETD)

The aim of this study was to evaluate the microbial quality of broiler carcasses and efficacy of antimicrobials on unstressed or cold-stress adapted cells of Salmonella and Enterococcus on broiler carcasses and wings. Broiler carcasses and wings were processed at a small USDA-inspected slaughter facility, located in West Virginia. The first part of the study included 42 broiler carcasses that had been pre-enriched in Buffered Peptone Water then secondarily-enriched into Rappaport Vassiliadis following incubation. Secondary enrichment broth was then streaked on to Xylose Lysine Tergitol 4 (XLT-4) and HardyCHROM(TM) agar for Salmonella detection; and further confirmation was performed using an …

Nucleus Pulposus And Mesenchymal Stem Cell Preconditioning: A Focus On Redifferentiation, Wnt Signaling, And Immunity, Tyler Thomas Pizzute

Graduate Theses, Dissertations, and Problem Reports (ETD)

Low back pain is one of the most common reasons for doctor visits each year in the United States and consistently represents one of the leading areas of US health care spending in recent decades. Located at the inner space of the intervertebral discs (IVDs) of the spinal column, a soft, shocking absorbing tissue known as nucleus pulposus (NP) is a frequently implicated target of patient symptoms and comorbidities related to back pain. IVDs are quite susceptible to both acute injury, such as disc herniation, and chronic age-related degeneration known as intervertebral disc degeneration (IVDD). These conditions ultimately lead to …

Improving Seeding And Mulching Specifications In West Virginia And Creating A Materials Estimate Tool, Forrest N. Pritt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Vegetation is established following construction through various seeding and mulching practices. Environmental permits in West Virginia require a minimum of 70% of ground cover by area for release of a construction site. The West Virginia Division of Highways (WVDOH), like many other states, has specifications for temporary and permanent seeding and mulching practices. This research critically evaluated the best management practices (BMPs) utilized in the WVDOH specifications, developed recommended revisions to the specifications, and created supplemental materials for future application.;Recommended revisions to the WVDOH include: topsoil, improved soil tests, rolled erosion control products (RECPs), biological growth stimulants (BGSs), hydraulic growth …

Iconologia, Heather Ruth Rios

Graduate Theses, Dissertations, and Problem Reports (ETD)

The ideas and images presented in this paper, and the accompanying exhibition represent a portion of my research in the subjects of the Female Nude in Art History, as well as my exploration of related subjects including female self portraits, the male gaze in art, and the psychological impact of self-made, self-representations by women both in art history, and in contemporary American social media (i.e."selfies").