Digital Commons Network^™

Going Negative: The Next Horizon In Climate Engineering Law, Tracy Hester, Michael B. Gerrard

Faculty Scholarship

As the global community struggles to turn the Paris Agreement’s commitments into meaningful emission reductions and the United States turbulently reverses its climate policies, the potential role of “negative emissions technologies” and other climate engineering approaches is drawing increasingly serious attention. These technologies are engineering on the grandest scale: climate engineering seeks to offset the effects of anthropogenic climate change by either altering the solar radiation reaching the earth’s surface or changing the composition of the atmosphere itself. Specifically, negative emissions technologies would directly remove greenhouse gases (GHGs) from the ambient air and help to remove accumulated atmospheric carbon dioxide …

Reflections On Us Involvement In The Promotion Of Clinical Legal Education In Europe, Philip Genty

Faculty Scholarship

What is the influence of the United States on European clinical legal education? The first reaction of many would be that this is not a particularly difficult question to answer. After all, clinical legal education is largely a US invention. Although one can find early examples of clinics in European law schools, the large-scale development of law school clinical education happened in the United States beginning in the 1960s. At present, there are clinical programs in each of the 207 American Bar Association (ABA)-approved US law schools. The Clinical Legal Education Association now lists 1,325 clinical teachers in its membership …

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 …

Naked Open Market Manipulation And Its Effects, Merritt B. Fox, Lawrence R. Glosten, Gabriel Rauterberg

Faculty Scholarship

More than 80 years after US federal law first addressed stock market manipulation, there is still dispute about manipulation law’s foundational principles; this chapter aims to provide clarity by offering an analytical framework for understanding a specific manipulation. There has been a sharp split among the federal circuits concerning manipulation law’s central question: Can trading activity alone ever be considered illegal manipulation? Economists and legal scholars do not agree on whether manipulation is possible in principle, let alone on how to address it properly in practice. The framework offered by this chapter aims to help clarify federal law and may …

A Multi-Decade Joinpoint Analysis Of Firearm Injury Severity, Bindu Kalesan, Yi Zuo, Ziming Xuan, Michael B. Siegel, Jeffrey A. Fagan, Charles Branas, Sandro Galea

Faculty Scholarship

Non-fatal firearm injuries constitute approximately 70% of all firearm trauma injuries in the United States. Patterns of severity of these injuries are poorly understood. We analyzed the overall, age-, sex- and intent-specific temporal trends in the injury severity of firearm hospitalizations from 1993 to 2014.

We assessed temporal trends in the severity of patients hospitalized for firearm using Nationwide Inpatient Sample (NIS) data over a 22 year period. Firearm hospitalization was identified using assault (E965x), unintentional (E922x), intentional self-harm (E955x), legal (E970) and undetermined (E985x) International Classification of Diseases, Ninth Revision, Clinical Modification (ICD9) codes. Injury severity was measured using …

From Exemptions To Censorship: Religious Liberty And Victimhood In Obergefell V. Hodges, Calvin Coker

Faculty and Staff Scholarship

This article analyzes the Supreme Court decision in Obergefell v. Hodges, showing that a subset of the dissent constructed devout religious groups as victims to re-articulate power relations between the state, LGBT groups, and religious entities. This re-articulation is possible as a consequence of ambiguity in the legal concept religious liberty, which is explored in depth. That ambiguity is employed to mount an argument against the decision, moving LGBT individuals from oppressed to oppressor of religious groups. The study contextualizes this inversion against the material and symbolic conditions of both the LGBT, and devout Christian, communities in the United …

State Of Metropolitan Housing Report: Involuntary Displacement ..., Kelly Kinahan, Lauren Heberle, Danielle Rohret, Steven Sizemore, Shelly Isaacs, Jamar Wheeler, Adam Sizemore

Faculty and Staff Scholarship

No abstract provided.

Examining Engineering Design Cognition With Respect To Student Experience And Performance, Greg J. Strimel, Eunhye Kim, Scott R. Bartholomew, Diana V. Cantu

Faculty Publications

This study investigated the design cognition and performance results of secondary and post-secondary engineering students while engaged in an engineering design task. Relationships between prototype performance and design cognition were highlighted to investigate potential links between cognitive processes and success on engineering design problems. Concurrent think-aloud protocols were collected from eight secondary and 12 post-secondary engineering students working individually to design, make, and evaluate a solution prototype to an engineering design task. The collected protocols were segmented and coded using a pre-established coding scheme. The results were then analyzed to compare the two participant groups and determine the relationships between …

Another One Bites The Dust: The Distance Between Luxembourg And The World Is Growing After Achmea, Petros C. Mavroidis, Carlo M. Cantore

Faculty Scholarship

The CJEU has become a gatekeeper. Ever since Opinion 1/91, the CJEU has been imposing barriers to the recognition of decisions by foreign jurisdictions. Its recent Achmea decision is the natural consequence of case law so far. This attitude would not be problematic by itself since, through this attitude, the European Union would still be liable at the international plane, even if it did not implement its international obligations (liability- over property rules). This is not the end of the story. The CJEU accepts the, in principle, relevance of decisions by some international jurisdictions. However, the CJEU has repeatedly failed …

Pedagogical Contraband: A Phenomenological Approach To Understanding Student Engagement During Simulations, Stephen Austin Henderson

Dissertations and Theses @ UNI

The purpose of this study is to explore the lived experiences of students who are taught using simulations in survey history courses. Although simulations have been studied in a variety of domains, few studies have examined the use of simulations to teach history. Further, most of the previous research on simulations has been quantitative in nature, and one goal of the proposed study is to go into greater depth than typically allowed for by quantitative methodologies and examine the lived experiences of students in a college-level history class who are participating in simulations. Results suggest that the five phases of …

Rethinking Family-Court Prosecutors: Elected And Agency Prosecutors And Prosecutorial Discretion In Juvenile Delinquency And Child Protection Cases, Joshua Gupta-Kagan

Faculty Scholarship

Like criminal prosecutors, family-court prosecutors have immense power. Determining which cases to prosecute and which to divert or dismiss goes to the heart of the delinquency system’s balance between punishment and rehabilitation of children and the child protection system’s spectrum of family interventions. For instance, the 1990s shift to prosecute (rather than dismiss or divert) about 10 percent more delinquency cases annually is as significant a development as any other. Yet scholars have not examined the legal structures for these charging decisions or family-court prosecutors’ authority in much depth.

This Article shows how family-court prosecutors’ roles have never been fully …

The Lopsided Harms Of Reproductive Negligence, Carol Sanger

Faculty Scholarship

The concept of reproductive negligence is probably not unfamiliar to men and women of child-bearing or child-begetting age. Many a restless hour has been spent worrying about the consequences of a skipped pill, an abandoned condom, or some other form of contraceptive carelessness. The general rule in such circumstances is that the injured party has no recourse in tort against a sexual partner whose negligence resulted, say, in a pregnancy. (Interestingly, liability may arise as the result of the negligent transmission of herpes.) To be sure, not all reproductive misconduct is negligent; some is intentional, as when a sexual partner …

The Abinadi Narrative, Redemption, And The Struggle For Nephite Identity, Dan Belnap, Daniel L. Belnap

Faculty Publications

Though there is no question that the Book of Mormon’s primary purpose is to impart an understanding of the gospel of Jesus Christ, this message is generally embedded by its editors and authors in very distinct historical and political settings. This is particularly true of Mormon, who often crafted his narratives so that a given prophetic ministry intersected and interacted with the sociopolitical concerns of the contemporary Nephite population. One such concern emerging again and again in Nephite history was their identity or relationship as Israel. This question lay at the heart of a number of social and religious movements …

Responding To Small Island Nations Imperiled By Human-Forced Climate Change: An Ethical Imperative For Christians, Jame Schaefer

Theology Faculty Research and Publications

Small island nations are increasingly imperiled by larger nations that are emitting most of the greenhouse gases, forcing changes in the global climate, and causing catastrophic ecological and social problems. Among the most adversely affected people are islanders who are suffering immense health, economic, and cultural injustices that should be addressed at all levels of governance. Leaders of Anglican, Eastern Orthodox, and Roman Catholic denominations have been responding meaningfully to the plight of the small island nations by drawing motivation from their theological traditions for mitigating the problems and calling all Christians to act individually, collectively within their parishes, and …

Pope Francis And Ecumenism, Susan K. Wood

Theology Faculty Research and Publications

No abstract provided.

Feminist Ethics: Evaluating The Hookup Culture (Book Chapter), Conor M. Kelly

Theology Faculty Research and Publications

No abstract provided.

Unveiled Faces: The Heavenly Counterpart Traditions In Joseph And Aseneth, Andrei Orlov

Theology Faculty Research and Publications

From one of the Manichaean psalms we learn that in the final moments of his life Mani was beholding his heavenly double with “eyes of light.” This was not the only encounter this Syrian visionary had with his upper celestial identity. The Cologne Mani Codex tells us that the heavenly counterpart first manifested himself to Mani at the age of twelve and he continued his visits, to assist with revelations, until Mani’s death. In several texts Mani’s celestial alter ego is designated as a spirit and even called the Paraclete, the same title the Holy Spirit bears in the Fourth …

Controlling Normal Stiffness In Droplet-Based Linear Bearings, Qi Ni, Nathan B. Crane

Faculty Publications

While Capillary forces are negligible relative to gravity at the macroscale, they provide adequate force to effectively manipulate millimeter to micro meter objects. The fluidic actuation can be accomplished using droplets that also act as bearings. While rotary droplet bearings have been previously demonstrated, this paper considers the performance potential of discrete droplets acting as linear bearings. Specifically, it addresses the positioning accuracy of a droplet-based bearing consisting of a droplet between a moving plate and a stationary substrate with constrained wetting region under a normal load using both closed form analytical solutions and numerical simulations. The vertical force and …

The Death Of Tragedy: The Form Of God In Euripedes's Bacchae And Paul’S Carmen Christi, Michael B. Cover

Theology Faculty Research and Publications

Scholarship on Phil 2:6–11 has long wrestled with the question of “interpretive staging.” While acknowledging that Jewish sapiential and apocalyptic literature as well as Roman apotheosis narratives provide important matrices for the hymn, the following study pinpoints a third backdrop against which Paul's dramatic christology would have been heard in Philippi: Euripidean tragedy. Echoes of Dionysus's opening monologue from Euripides's Bacchae in the carmen Christi suggest that Roman hearers of Paul's letter likely understood Christ's kenotic metamorphosis as a species of Dionysian revelation. This interpretive recognition accomplishes a new integration of the hymn's Jewish and imperial-cultic transcripts. Jesus's Bacchic portraiture …

Clinical Utility Of The Dsm-5 Alternative Model For Borderline Personality Disorder: Differential Diagnostic Accuracy Of The Bfi, Scid-Ii-Pq, And Pid-5, J Christopher Fowler, Alok Madan, Jon G Allen, Michelle Patriquin, Carla Sharp, John M Oldham, B Christopher Frueh

Staff and Researcher Publications

Background: With the publication of DSM 5 alternative model for personality disorders it is critical to assess the components of the model against evidence-based models such as the five factor model and the DSM-IV-TR categorical model. This study explored the relative clinical utility of these models in screening for borderline personality disorder (BPD).

Methods: Receiver operator characteristics and diagnostic efficiency statistics were calculated for three personality measures to ascertain the relative diagnostic efficiency of each measure. A total of 1653 adult inpatients at a specialist psychiatric hospital completed SCID-II interviews. Sample 1 (n=653) completed the SCID-II interviews, SCID-II Questionnaire (SCID-II-PQ) …

Assessing Access-To-Justice Outreach Strategies, J. J. Prescott

Articles

The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access …

The International Implications Of Wayfair, Reuven Avi-Yonah

Articles

In this article, Avi-Yonah argues that the Court’s recent decision in Wayfair has implications for the EU’s struggle with taxing the digital economy, as well as for the broader international effort to update international tax rules for the 21st century — that is, it bolsters the argument for dispensing with the 19th-century permanent establishment concept.

China And Beps, Reuven S. Avi-Yonah, Haiyan Xu

Articles

This article provides an overview of China’s reaction to the G20/OECD Base Erosion and Profit Shifting (BEPS) project. From 2013 to 2015, the OECD developed a series of actions designed to address BEPS activities by multinational enterprises, culminating in a final report of 15 action steps. The article reviews and explains China’s reaction to the BEPS project and its actions in detail, with a particular focus on transfer pricing issues. It shows that China has actively participated in both developing and implementing the BEPS project. The article further suggests that in the post-BEPS era, China is expected to implement the …

Childhood Adverse Events And Adult Physical And Mental Health: A National Study, Lauren E. Clatch

Law Faculty Publications

Prior research has established the negative effects of childhood adverse events on adult health. Despite this, few researchers have accounted for the impact of potentially confounding factors, including adulthood adverse events. The current study used data obtained from a uniquely generalizable sample (N = 34,653) to investigate the predictive effects of reported experience of any childhood adverse event, count of childhood adverse event types, and severity of childhood adverse events on quality of adult physical and mental health. A hierarchical linear regression analysis indicated that, for adult physical health, there was a significant main effect for experience of adulthood adverse …

Navigating The Teen Years: The Adolescent Brain And Christ’S Atonement, Mark H. Butler, Genevieve L. Smith

Faculty Publications

Like other spiritually sincere youth, Caleb struggles with pornography use. At first, he was repulsed by it, but he found himself drawn back to it. The arousal was preoccupying and pleasurable. Pornography use became a habit. He still wanted to go on a mission, marry in the temple, be a worthy father. Repeatedly, he resolved to stop using pornography. He felt anger and shame every time he fell short. Caleb became discouraged and felt like he could never change. He felt that he didn’t deserve God’s or anyone else’s love and forgiveness because of all his broken promises.

The Constitutional Law Of Incarceration, Reconfigured, Margo Schlanger

Articles

On any given day, about 2.2 million people are confined in U.S. jails and prisons—nearly 0.9% of American men are in prison, and another 0.4% are in jail. This year, 9 or 10 million people will spend time in our prisons and jails; about 5000 of them will die there. A decade into a frustratingly gradual decline in incarceration numbers, the statistics have grown familiar: We have 4.4% of the world’s population but over 20% of its prisoners. Our incarceration rate is 57% higher than Russia’s (our closest major country rival in imprisonment), nearly four times the rate in England, …

Johannine Christology Through The Lens Of Three Of Its Dialogues, Gaye Strathearn

Faculty Publications

In comparison with the Synoptic Gospels of Matthew, Mark, and Luke, the Gospel of John has a very different interpretive lens through which it answers the age-old question “Who is Jesus?” The Gospel itself identifies its purpose: “These are written, that ye might believe that Jesus is the Christ, the Son of God; and that believing ye might have life through his name” (John 20:31). While many individuals in the Synoptic Gospels declare Jesus to be the Son of God, there are very few accounts of Jesus himself declaring so until the latter part of his ministry. In this respect, …

Joint Religiosity And Married Couples’ Sexual Satisfaction, Jeffrey P. Dew, Jeremy E. Uecker, Brian J. Willoughby

Faculty Publications

Although many studies have examined the association between religion and sexuality, the majority of these studies have focused on non marital sex. Unfortunately, despite the fact that a satisfying sexual relationship plays a critical role in married couples' relationship quality and stability, the associations between religiosity and marital sexual satisfaction are not well understood. Thus, to examine the association between religiosity and couples' reports of married sexual satisfaction, the authors of this study used dyadic data from a nationally representative sample of married couples (N = 1,368) between the ages of 18 and 45. They used both joint and …

Families And Workplaces, E. Jeffrey Hill, Erin K. Holmes

Faculty Publications

In order to survive and thrive, every family must both provide for and nurture its members. This is true regardless of the particular structure, size, ethnicity, religious affiliation, sexual orientation, or cultural background of the family. Physical needs of families are most frequently met through paid labor in workplaces. Nurturing needs of individuals are most commonly met by family members in the home. Learning how to simultaneously provide for and nurture one's family in harmony is of interest to everyone but very difficult to achieve. It is not wonder that research on the interface between families and workplaces has exploded …

Preemption And Commandeering Without Congress, Jessica Bulman-Pozen

Faculty Scholarship

In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against recent efforts to preempt state control over state officials and to require states to follow other states’ policies, using sanctuary jurisdictions and the pending federal Concealed Carry Reciprocity Act as examples.