Digital Commons Network^™

Social Security Retirement Benefits Timing: A Model For Working Families, Francine J. Lipman, James E. Williamson

Scholarly Works

With more than 61 million individuals receiving Social Security benefits, one out of every four families in America receives monthly cash payments from the Social Security Administration (SSA). These monthly payments directly benefit 48.5 million retired workers, their current and former spouses, 10 million disabled adults, and include more than 3 million children. Several million more children and adults in the increasing number of multi-generational households in America benefit indirectly from Social Security retirement payments.

In addition to the broad reach of monthly Social Security retirement benefits these payments have ensured the financial well-being of millions of American families for …

Debunked, Discredited, But Still Defended: Why Prosecutors Resist Challenges To Bad Science And Some Suggestions For Crafting Remedies For Wrongful Conviction Based On Changed Science, Aviva A. Orenstein

Articles by Maurer Faculty

Flawed science has significantly contributed to wrongful convictions. Courts struggle with how to address such convictions when the mistaken science (such as bogus expert claims about the differences between accidental fires and intentionally set ones) significantly affected the guilty verdict but there is no DNA evidence to directly exonerate the accused. My short piece explores why prosecutors often defend bad science. Mistakes in science tend to serve the prosecution, but there are other more subtle factors that explain prosecutors’ reluctance to address flawed forensic testimony. Such reluctance may arise from fondness for the status quo and a resistance to subverting …

Legitimate Yet Manipulative: The Conundrum Of Open-Market Manipulation, Gina-Gail S. Fletcher

Articles by Maurer Faculty

Is manipulation possible in the absence of misconduct? This is the foundational inquiry at the heart of open-market manipulation. Open-market manipulation captures the attention of lawmakers and courts because it is market manipulation effected entirely through facially legitimate transactions. Whereas traditional, well-accepted forms of market manipulation involve deception, fraud, and monopolistic prices, open-market manipulation involves no objectively bad acts and, instead, is accomplished through permissible transactions executed on the open market. As enforcement of this form of manipulation increases, the question arises—when, if ever, is a legitimate transaction manipulative?

To the Securities Exchange Commission and the Commodity Futures Trading Commission …

Wayfair: Marketplaces And Foreign Vendors, David Gamage, Adam Thimmesch, Darien Shanske

Articles by Maurer Faculty

This is the third of a series of essays wherein we analyze the U.S. Supreme Court's decision in South Dakota v. Wayfair. In this essay, we address issues related to state taxation of internet marketplaces and of foreign vendors.

Jevic's Promise: Procedural Justice In Chapter 11, Pamela Foohey

Articles by Maurer Faculty

In this Response to Jonathan Lipson's article, The Secret Life of Priority: Corporate Reorganization After Jevic, 93 Wash. L. Rev. 631 (2018)), I focus on Czyzewski v. Jevic Holding Corp.'s implications for procedural justice and corporate reorganization. In his article, Lipson explicitly links the chapter 11 process with the Bankruptcy Code’s substantive rules about priority, crafting a forceful argument about what procedural values the U.S. Supreme Court sought to uphold when it penned Jevic. In doing so, Lipson expounds on a broader truth about the co-option of corporate reorganization’s process in the name of value preservation. Procedural justice teaches that …

Does Enforcement Reduce Voluntary Tax Compliance?, Leandra Lederman

Articles by Maurer Faculty

Governments generally use enforcement methods, such as audits and the imposition of penalties, to deter noncompliance with tax laws. Although this approach is consistent with most economic modeling of tax compliance, some scholars caution that enforcement may backfire, “crowding out” taxpayers’ intrinsic motivations to pay taxes to such an extent that they reduce their tax payments. This article analyzes the existing evidence to determine if this occurs. In fact, field studies suggest that enforcement tools, such as audits, are effective deterrents, generally greatly increasing tax collections. A few recent studies have found that audits have a negative effect on the …

The Techno-Neutrality Solution To Navigating Insurance Coverage For Cyber Losses, Jeffrey W. Stempel, Erik S. Knutsen

Scholarly Works

Insurers currently constrict coverage for losses involving electronic information in traditional insurance product lines. As a result, insurance customers are driven to the brave new world of non-standardized varieties of cyber-risk insurance policies. That world abounds with coverage gaps as the market for cyber insurance sorts itself out. Until that synchronization of coverage for cyber losses occurs, litigation is bound to occur as the boundaries of coverage remain patchwork and uncertain.

This article examines the degree to which cyber losses differ from other insured losses. The cyber-loss insurance coverage jurisprudence reveals a mishmash of principles and coverage terms that are …

Some Themes In Suárez’S Account Of The Separated Soul, James B. South

Philosophy Faculty Research and Publications

In this article, I focus on three issues in Francisco Suárez’s account of the separated soul: the status of the separated soul as a person, the separated soul’s knowledge of itself, and the question of the soul’s nature both as form of the body and as existing outside the body. I place his discussion in dialogue with St. Thomas Aquinas and Cajetan (Thomas de Vio) and show the ways he departs from those two thinkers. Finally, I show that his account of these problems makes for a philosophically probable account of the resurrection of the body.

Hope(S) After Genocide, Margaret Urban Walker

Philosophy Faculty Research and Publications

No abstract provided.

Reason And Agency In Kant And Fichte, Michael Vater

Philosophy Faculty Research and Publications

This paper explores the question of the unity of Transcendental Idealism at the end of Eighteenth Century German philosophy, given that it circulated in different versions, Kant’s Critique [of humans’ rational powers] and Fichte’ System of Science [Wissenschaftslehre]. Both thinkers take the transcendental turn. They base conceptual investigations not on facts or empirical evidence, but on the possibility of a situation; they are idealists since they look inward to the spontaneity of the agent/knower for explanation, not the environment, stimulus, or sensory given. Reason can fathom only what it has constructed.

Capturing Transitional Justice: Exploring Colleen Murphy’S The Conceptual Foundations Of Transitional Justice, Margaret Urban Walker

Philosophy Faculty Research and Publications

Colleen Murphy’s impressive book presents a unified theory of transitional justice as a single, novel, distinct kind of justice, intended to guide normative evaluation of the choices transitional societies make in dealing with the past. I raise three central challenges to Murphy’s theory. First, how do we know that transitional justice is fundamentally a single special kind of justice that permits a grand unified theory? Second, is it plausible to hold, as Murphy claims, that societal transformation is the overarching aim or objective of transitional justice? Third, is transitional justice convincingly explained as pursuing societal transformation ‘through’ or ‘by’ dealing …

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

Scholarly Works

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …

Cognitive Processing Effects Of Natural Elements In A Psychotherapy Treatment Space, Daniel J. Gilbride

All-Inclusive List of Electronic Theses and Dissertations

The present study extends previous research on the inclusion of elements of nature in medical treatment spaces to aid in the attainment of positive health outcomes, as the possibility that psychotherapy patients may similarly benefit from the purposeful incorporation of natural elements into the psychotherapy room has received little systematic study. To test this possibility, participants were randomly assigned to one of two mock psychotherapy rooms: an enriched condition consisting of plants, pictures of nature, and reduced lighting levels, or an impoverished condition containing no elements of nature and bright lighting. All participants completed a structured narrative designed to mimic …

Effects Of Explicit Learning On The Temporal Allocation Of Attentional Resources, Matthew Junker

All-Inclusive List of Electronic Theses and Dissertations

Environmental stimuli often occur in temporally predictable patterns. Given the capacity limits of temporal attention and the functional impairments resulting from inattention, it is advantageous to allocate attention to goal-relevant information while filtering out goal-irrelevant information. The temporal dynamics of attention are malleable and change in response to environmental demands. An unanswered question is the extent to which explicit knowledge of temporal patterns moderates the relationship between exposure to these temporal patterns and the ability to selectively attend to goal-relevant information. In the current study, participants completed a Rapid Serial Visual Presentation ( RSVP ) task in which they identified …

Evidence-Based Practices For Autism Spectrum Disorders: Through The Eyes Of Practitioners, Sue Marie Corbin

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to begin the work of closing the current research-to-practice gap for evidence-based practices (EBP) for autism spectrum disorder (ASD). This study looked at the professional wisdom side of the EBPs for ASD through the eyes of the professionals in the field of Education. It provides more insight into how the EBPs are being interpreted and applied with students on the autism spectrum. This descriptive research project was based on the work from National Professional Development Center on Autism Spectrum Disorders (NPDC on ASD) during the years 2007–2012 and compared the answers obtained from practitioners …

Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang

Scholarly Works

In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.

Toward Universal Deportation Defense: An Optimistic View, Michael Kagan

Scholarly Works

One of the most positive responses to heightened federal enforcement of immigration laws has been increasing local and philanthropic interest in supporting immigrant legal defense. These measures are tentative and may be fleeting, and for the time being are not a substitute for federal support for an immigration public defender system. Nevertheless, it is now possible to envision many more immigrants in deportation having access to counsel, maybe even a situation in which the majority do. In this paper, Professor Michael Kagan makes no real predictions. Instead, he offers a deliberately-perhaps even blindly optimistic assessment of how concrete steps that …

Loud And Soft Anti-Chevron Decisions, Michael Kagan

Scholarly Works

This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …

Gender, Law, And Culture In The Legal Workplace: A Chilean Case Study, Ann C. Mcginley

Scholarly Works

"What has to change is the model of work. It can't be that in order to be a partner in a law firm, a woman has to learn to renounce her children. It is the men who have to renounce this work model and take equal responsibility for their children. It is very difficult for a society to do this. "

How do law and culture affect the behavior of actors on the ground? If culture and law interact, how does this interaction occur? This Article examines how gender and law affect lawyers working in a Latin American country Chile …

Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble

Scholarly Works

Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately—if …

Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

Scholarly Works

In this introduction to an online symposium on Feminist Judgments: Rewritten Opinions of the United States Supreme Court, the editors of this groundbreaking project reflect on the journey and what remains to be done.

Law, Religion, And Health Care, David Orentlicher

Scholarly Works

No abstract provided.

Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher

Scholarly Works

No abstract provided.

Consumer Preferences Of Acidity Levels In Drinking Water, Dustin Dutchuk

Undergraduate Theses and Senior Projects

No abstract provided.

Inertial And Liquefaction-Induced Kinematic Demands On A Pile-Supported Wharf: Physical Modeling, Milad Souri, Arash Khosravifar, Stephen E. Dickenson, Scott Schlechter, Nason Mccullough

Civil and Environmental Engineering Faculty Publications and Presentations

Results of a centrifuge test on a pile-supported wharf were used to investigate the time-, depth-, and row-dependent nature of kinematic and inertial loading on wharf piles in sloping rockfill. P-y models were calibrated against recorded bending moments in different piles and different depths. It was found that full kinematic demands and full superstructure inertia should be combined to estimate bending moments at pile head and shallow depths (less than 10 diameters below the ground surface). On the contrary, it was found that applying full kinematic demands alone was adequate to estimate pile bending moments at large depths (greater than …

The Effects Of Long-Duration Subduction Earthquakes On Inelastic Behavior Of Bridge Pile Foundations Subjected To Liquefaction-Induced Lateral Spreading, Jonathan Nasr, Arash Khosravifar

Civil and Environmental Engineering Faculty Publications and Presentations

Effective-stress nonlinear dynamic analyses (NDA) were performed for a large-diameter reinforced concrete (RC) pile in multi-layered liquefiable sloped ground. The objective was to assess the effects of earthquake duration on the combination of inertia and liquefaction-induced lateral spreading. A parametric study was performed using input motions from subduction and crustal earthquakes covering a wide range of motion durations. The NDA results showed that the pile head displacements increased under liquefied conditions, compared to nonliquefied conditions, due to liquefaction-induced lateral spreading. The NDA results were used to develop a displacement-based equivalent static analysis (ESA) method that combines inertial and lateral spreading …

A Framework For Social Media Use In Project Management, Muralitheran V. Kanagarajoo

Theses: Doctorates and Masters

There has been rapid adoption of social media (SM) in business functions such as marketing and advertising. This being primarily due to its capability to communicate information. There has been less widespread adoption of SM for other business functions and the potential of SM is not comprehensively understood. The purpose of this thesis is to explore the potential of SM for project management and to understand some of the difficulties that arise from SM use. The research specifically investigated how SM is being used for project activities and the maturity of the management processes that govern SM use. Implications for …

Glucose Gel As A Potential Alternative Treatment To Infant Formula For Neonatal Hypoglycaemia In Australia, Raenee L. Barbe, Amy K. Ekin, Pushparani Sivakumar, Kay Howard, Therese O'Sullivan

Research outputs 2014 to 2021

Infant formula is often used as a treatment for neonatal hypoglycaemia in Australia; however, there are concerns that this may jeopardise mother-baby bonding and breastfeeding. Successful use of glucose gel as an alternative treatment for hypoglycaemia has been reported. We wanted to investigate in a pilot study whether the use of glucose gel has the potential to quickly and safely restore normoglycaemia in the infants of diabetic mothers in an Australian setting. Infants with asymptomatic hypoglycaemia were treated with glucose gel (n = 36) and compared to a historical group of infants which had been treated with infant formula …

Properties Of Ferrite Garnet (Bi, Lu, Y)3(Fe, Ga)5o12 Thin Film Materials Prepared By Rf Magnetron Sputtering, Mohammad Nur-E-Alam, Mikhail Vasiliev, Vladimir Belotelov, Kamal Alameh

Research outputs 2014 to 2021

This work is devoted to physical vapor deposition synthesis, and characterisation of bismuth and lutetium-substituted ferrite-garnet thin-film materials for magneto-optic (MO) applications. The properties of garnet thin films sputtered using a target of nominal composition type Bi_0.9Lu_1.85Y_0.25Fe_4.0Ga₁O₁₂ are studied. By measuring the optical transmission spectra at room temperature, the optical constants and the accurate film thicknesses can be evaluated using Swanepoel’s envelope method. The refractive index data are found to be matching very closely to these derived from Cauchy’s dispersion formula for the entire spectral range between 300 and …

Intrarater Reliability And Agreement Of The Physioflow Bioimpedance Cardiography Device During Rest, Moderate And High-Intensity Exercise, Nicole Gordon, Chris R. Abbiss, Andrew J. Maiorana, Kieran J. Marston, Jeremiah J. Peiffer

Research outputs 2014 to 2021

The PhysioFlow bioimpedance cardiography device provides key measures of central systolic and diastolic and peripheral vascular function. Many of these variables have not been assessed for intrarater reliability and agreement during rest, submaximal exercise and high-intensity interval exercise. Twenty healthy adults (age: 26±4 years) completed two identical trials beginning with five minutes of rest followed by two 5-minute submaximal cycling bouts at 50% and 70% of peak power output. Subjects then completed ten 30-second cycling intervals at 90% of peak power output interspersed with 60 s of passive recovery. Bioimpedance cardiography (PhysioFlow; Manatec Biomedical, France) monitored heart rate, stroke volume, …