Digital Commons Network^™

Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy

Faculty Scholarship

The Supreme Court’s “weaponized” First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a “new Lochnerism.” In this Essay, part of a Columbia Law Review Symposium, I press beyond these criticisms to diagnose the ideological outlook of these opinions and to propose an alternative. The leading decisions of the antiregulatory First Amendment often associate free speech with a vision of market efficiency; but, I argue, closer to their heart is antistatist fear of entrenchment …

Text Over Intent And The Demise Of Legislative History, Thomas W. Merrill, Michael S. Paulsen, Saikrishna Prakash, Lawrence B. Solum, Sandra Segal Ikuta

Faculty Scholarship

The following is the transcript of a 2016 Federalist Society panel entitled: Text Over Intent and the Demise of Legislative History. The panel originally occurred on November 17, 2016 during the National Lawyers Convention in Washington, D.C. The participants were: Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School; Prof. Michael S. Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Prof. Saikrishna Prakash, James Monroe Distinguished Professor of Law, University of Virginia School of Law; Prof. Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center. The moderator was …

Impeachment: A Handbook, Philip C. Bobbitt

Faculty Scholarship

Charles Black’s Impeachment: A Handbook, first published in 1974 at the height of the Watergate crisis, has become the authoritative guide on the subject of presidential impeachment. In September, the Yale University Press published a new edition of the classic handbook, incorporating a new preface and new material by constitutional theorist Philip Bobbitt. Bobbitt’s contribution to the new edition appears in the Essay that follows.

Because Professor Black’s original text had no accompanying notes, the publisher decided to continue this format in the new print edition. In this re-publication, the Journal worked with Bobbitt to present his chapters with …

The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging Or Interfering?, Helen Kruuse, Philip Genty

Faculty Scholarship

An independent legal profession is said to be “the bulwark of a free and democratic society.” It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in particular) that the legal profession has used the concepts of independence and the rule of law as a shield or cuirass rather than as a sword. The image of lawyers representing unpopular clients fearlessly and advocating on behalf of unpopular causes, so as to uphold …

The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin

Faculty Scholarship

Although much attention has been given to structural inequality as it manifests in the criminal justice context, little has been said about economic inequality as it relates to the startup ecosystem. This Article details how the historic creation of the wealth gap affects entrepreneurship, highlighting how the wealth gap adversely impacts entrepreneurs of color. Entrepreneurship is a compelling solution to wealth inequality, but wealth inequality can be an impediment to success in entrepreneurship. This Article explains how the United States’ history of bolstering wealth creation for some, while inhibiting wealth creation for people of color, matters for understanding the startup …

The Long Environmental Justice Movement, Jedediah S. Purdy

Faculty Scholarship

The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy over participation in decision making by affected communities; and for adhering to a woods-and-waters view of which problems count as “environmental” that disregards the importance of neighborhoods, workplaces, and cities. This Article highlights the existence of a “long environmental justice movement” that, like the long movements for racial equality and labor organizing, put …

Whose Lands? Which Public? The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah S. Purdy

Faculty Scholarship

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …

Amazon – An Infrastructure Service And Its Challenge To Current Antitrust Law, Lina M. Khan

Faculty Scholarship

This chapter maps out facets of Amazon’s power. In particular, it traces the sources of Amazon’s growth and analyzes the potential effects of its dominance. Doing so enables us to make sense of the company’s business strategy and illuminates anticompetitive aspects of its structure and conduct. This analysis reveals that the current framework in antitrust — specifically its equating competition with “consumer welfare,” typically measured through short- term effects on price and output — fails to capture the architecture of market power in the 21st- century marketplace. In other words, the potential harms to competition posed by Amazon’s dominance are …

Development Of Chitosan/Gelatin/Keratin Composite Containing Hydrocortisone Sodium Succinate As A Buccal Mucoadhesive Patch To Treat Desquamative Gingivitis, Zahra Davoudi, Mohammad Rabiee, Behzad Houshmand, Niloofar Eslahi, Kimia Khoshroo, Morteza Rasoulianboroujeni, Mohammadreza Tahriri, Lobat Tayebi

School of Dentistry Faculty Research and Publications

The aim of this research was to develop chitosan/gelatin/keratin composite containing hydrocortisone sodium succinate as a buccal mucoadhesive patch to treat desquamative gingivitis, which was fabricated through an environmental friendly process. Mucoadhesive films increase the advantage of higher efficiency and drug localization in the affected region. In this research, mucoadhesive films, for the release of hydrocortisone sodium succinate, were prepared using different ratios of chitosan, gelatin and keratin. In the first step, chitosan and gelatin proportions were optimized after evaluating the mechanical properties, swelling capacity, water uptake, stability, and biodegradation of the films. Then, keratin was added at different percentages …

The Empirical Turn In Family Law, Clare Huntington

Faculty Scholarship

Historically, the legal system justified family law’s rules and policies through morality, common sense, and prevailing cultural norms. In a sharp departure, and consistent with a broader trend across the legal system, empirical evidence increasingly dominates the regulation of families.

There is much to celebrate in this empirical turn. Properly used, empirical evidence in family law can help the state act more effectively and efficiently, unmask prejudice, and depoliticize contentious battles. But the empirical turn also presents substantial concerns. Beyond perennial issues of the quality of empirical evidence and the ability of legal actors to use it, there are more …

The Efficacy Of Commercial Tooth Storage Media For Maintaining The Viability Of Human Periodontal Ligament Fibroblasts, W. Lee, Sheila E. Stover, Morteza Rasoulianboroujeni, K. Sherman, Farahnaz Fahimipour, E. Dashtimoghadam, C. Zito, Hossein E. Jazayeri, Lobat Tayebi

School of Dentistry Faculty Research and Publications

Aim

To evaluate Save‐A‐Tooth (SAT), EMT Toothsaver (EMT) and Hank's Balanced Salt Solution (HBSS) for their influence on the viability and proliferative capacity of human periodontal ligament fibroblasts (HPDLFs).

Methodology

Primary HPDLFs were seeded into 96‐well cell culture plates and exposed to SAT, EMT, HBSS and water (negative control) for 0.5, 1, 3, 6, 12 and 24 h at room temperature (22 °C). After each exposure time, cell viability was measured through quantifying adenosine triphosphate (ATP) using a luminescent dye. The proliferative capacity was also quantified using the PrestoBlue assay after 12 or 24 h storage in each medium. The …

"Everything You Need Is In Here": Missing Elements In A Trauma-Sensitive, Multiracial Framework For Foster Parentig, Binny Miller, Maya Coleman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.

This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …

Scaling Development Finance For Our Common Future, Daniel D. Bradlow, Kevin P. Gallagher, Leandro Serino, Jose Siaba Serrate

Scholarly Articles in Law Reviews & Journals

The G-20 and the broader world community has committed to ambitious goals to close global infrastructure gaps, mitigate climate change, and advance the 2030 Agenda for development. We call on G20 leaders to task development finance institutions (DFIs) such as the development banks in member countries and the Multilateral Development Banks (MDBs) of which G-20 countries are members, to commit to scaling up resources by 25 percent, to calibrate new financing to international commitments to mitigate climate change and the 2030 agenda, and to work together as an inclusive system toward achieving those shared goals.

International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld

Scholarly Articles in Law Reviews & Journals

This paper’s hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First, the standards all implicate the right of non-discrimination, and the rights to information, privacy and an effective remedy. Second, they each raises economic, social and cultural rights issues, including the obligation to allocate ‘maximum available resources’ to the progressive realization of economic, social and cultural rights; the human rights responsibilities of private actors exercising delegated regulatory authority, …

Intellectual Property Law Gets Experienced, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

Introduction: A decade ago, in Clinical Legal Education and the Public Interest in Intellectual Property Law, I described with my faculty colleagues our motivations for launching a public interest intellectual property law clinic at the American University Washington College of Law. That article introduced our goals and framework for a pioneering clinic framed around a variety of live-client student representations performed under close faculty supervision, weekly case rounds focusing on issues experienced directly by the students in their representations, and a seminar built around a year-long lawyering simulation addressing the public interest dimensions of intellectual property. In that article, we …

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property (IP) rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors …

Wordpress Plugins For Symbiota2, Venkatesh Kadali

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

Symbiota is an open source project which helps biologists concentrate their efforts on curation of quality datasets rather than creating the tools. Symbiota’s graphical user interface is hardcoded into many PHP files resulting in poor maintainability and extensibility. The main goal of Symbiota is to separate the user interface of Symbiota with its core structure as the user interface is hard-coded with PHP. This helps in reducing the source lines of code. The secondary goal of Symbiota is to help Symbiota developers to add the Symbiota features to their website and also should identify whether the separation of user interface …

Sovereignty In The Age Of Cyber, Gary Corn

Scholarly Articles in Law Reviews & Journals

International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states' cyber activities.

Brand & Celebrity Associations: An Investigation Into Brand & Celebrity Trait Congruence And The Potential For Trait Transference, Pamela S. Merriman

Honors Theses and Capstones

In today’s marketplace, a significant amount of brands are utilizing celebrity endorsers as a marketing tool. Traits of the brand and the endorser are typically not congruent. As a result, trait transference between a brand and a celebrity can occur once the brand and celebrity endorser are linked in the consumer’s mind. Further, celebrity endorsers often endorse multiple brands at one time. Therefore, it may be possible for traits to transfer from one brand to another via a common celebrity endorser. Although research has shown that the traits of celebrity endorsers can influence br and perceptions and vice versa, no …

Why Do Makers Make? Examining Designer Motivations On Thingiverse.Com, Courtney H. Shaw

Honors Theses and Capstones

Technological advancements have made a once fictitious dream into a reality. 3D printing has become a popular manufacturing and design technique used all over the world. As this industry becomes more popular, users of these 3D printers are reaching out across the web to share designs, seek help, and build communities of users with similar interests. This study is meant to look at what motivates 3D printing users to participate in online user innovation communities such as Thingiverse.com. This study will explore motivations such as personal needs, financial gains, approval of peers, skill development, and enjoyment. Moreover, it will assess …

Thwarting Speech On College Campuses, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Registered Nurses' Experiences Of Passing The Nclex-Rn After More Than One Attempt, Tammy L. Kasprovich, Leona Vandevusse

College of Nursing Faculty Research and Publications

Background:

In the past decade, little research has been conducted regarding individuals' stories about not initially being successful on the National Council Licensure Examination for Registered Nurses. An unsuccessful licensure examination attempt may affect the individual personally and profoundly in ways that could influence their future success.

Method:

Individual in-depth interviews were conducted once with 15 RNs who were initially unsuccessful on the licensure examination and subsequently passed. Data analyses were conducted using both manual and electronic coding through thematic identification. Rigor was ensured by meeting quality criteria for qualitative research.

Results:

Four themes were identified: (a) Pressures all Around, …

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Structure Of The Picornavirus Replication Platform: A Potential Drug Target For Inhibiting Virus Replication, Meghan Suzanne Warden

Chemistry & Biochemistry Theses & Dissertations

Picornaviruses are small, positive-stranded RNA viruses, divided into twelve different genera. Members of the Picornaviridae family cause a wide range of human and animal diseases including the common cold, poliomyelitis, foot and mouth disease, and dilated cardiomyopathy. The picornavirus genome is replicated via a highly conserved mechanism involving a presumed cloverleaf structure located at the 5’ noncoding region of the virus genome. The 5’ cloverleaf consists of three stem loops (B, C, and D) and one stem (A), which interact with a variety of virus and host cell proteins during replication. In this dissertation, human rhinovirus serotype 14 (HRV-14) SLB …

Development Of A 300 Kv Dc High Voltage Photogun And Beam Based Studies Of Alkali Antimonide Photocathodes, Yan Wang

Physics Theses & Dissertations

To advance magnetized gun research in the United States, a compact DC high voltage photogun with inverted-insulator geometry was designed, built, and operated reliably at - 300 kV bias voltage using alkali-antimonide photocathodes. This photogun will provide a magnetized electron beam for the future Jefferson Lab Electron-Ion Collider (JLEIC) cooler. This research describes key electrostatic design features of the photogun and evaluates the performance of the in-house fabricated photocathodes and the quality of the electron beams. The thermal emittance of the electron beam was measured with various conditions: different gun bias voltages, different laser spot sizes, and photocathodes with different …

R2h And The Prospects For Peace: An Essay On Sovereign Responsibilities, David Luban

Georgetown Law Faculty Publications and Other Works

This essay examines novel threats to peace – social and political threats as well as military and technological. It worries that familiar conceptions of state sovereignty cannot sustain a legal order capable of meeting those threats, not even if we understand sovereignty as responsibility to protect human rights. The essay tentatively proposes that recent efforts to reformulate state sovereignty as responsibility to humanity – ‘R2H’ for short – offer a better hope. Under this reformulation, states must take into account the interests of those outside their sovereign territory as well as those of the of their own people – in …

The Ferns, Conifers, And Flowering Plants Of The Arcata Marsh & Wildlife Sanctuary, James P. Smith Jr.

Botanical Studies

No abstract provided.

Midterm 2018 And Targeting Latino Community Through Misinformation And Disinformation Online, Manjul Shrestha

Graduate Theses, Dissertations, and Problem Reports (ETD)

How has the Latino community been targeted by digital propaganda during the 2018 midterm elections in the US? How might this affect their involvement in and around the election? This thesis starts to answer these questions through a data analysis on two of the most prominent and popular social media platforms for political discussion: Twitter and Reddit. This study analyzed people’s posting patterns over time, the digital traces of the individuals pushing the majority and most popular content, and Latino candidates’ interaction on Twitter. This research provides evidence that on Twitter there are two main actors discussing Latinos and politics: …

Characteristics Of Activated Carbons Produced From Herbaceous Biomass Feedstock, Oluwatosin Jerry Oginni

Graduate Theses, Dissertations, and Problem Reports (ETD)

Energy security and environmental protection are at the forefront of research due to the forecasted depletion of fossil fuel reserves and the growing concern of its adverse environmental impacts. The use of renewable sources for energy applications has centered on the use of biomass feedstocks and this include from herbaceous, woody, agricultural waste, forest residues and municipal wastes. The thermochemical conversion (pyrolysis) of these biomass feedstocks has potential to produce liquid fuel, a solid residue (biochar) and non-condensable gas. The biochar is primarily composed of renewable porous carbon and other inorganic compounds. The biochar is used for soil amendment, adsorption …