Digital Commons Network^™

The Law's Own Virtue, Joseph Raz

Faculty Scholarship

The paper offers a new account of the rule of law, revising my previous view, and criticising some alternatives. It focuses on the rule of law's aim to avoid arbitrary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such it is almost a necessary condition for the law's ability to meet other moral demands, and it facilitate coordination and cooperation internally and internationally.

The “Protection Of The Competitive Process” Standard, Tim Wu

Faculty Scholarship

The antitrust law should return to a standard more realistic and suited to the legal system – the “protection of the competitive process.” It posits a basic question for law enforcement and judges. Given complained-of conduct, is that conduct actually part of the competitive process, or is it a sufficient deviation as to be unlawful? In this view, antitrust law aims to create a body of common-law rules that punish and therefore deter such disruptions – hence “protecting the competitive process.”

After Consumer Welfare, Now What? The "Protection Of Competition" Standard In Practice, Tim Wu

Faculty Scholarship

The consumer welfare standard in antitrust has been heavily criticized. But would, in fact, abandoning the “consumer welfare” standard make the antitrust law too unworkable and indeterminate?

I argue that there is such a thing as a post-consumer welfare antitrust that is practicable and arguably as predictable as the consumer welfare standard. In practice, the consumer welfare standard has not set a high bar. The leading alternative standard, the “protection of competition” is at least as predictable, and arguably more determinate than the exceeding abstract abstract consumer welfare test, while being much truer the legislative intent underlying the antitrust laws. …

Regulation And Deregulation: The Baseline Challenge, Kathryn Judge

Faculty Scholarship

What does it mean to deregulate? Is deregulation just about the repeal of existing rules? In a closed and static system, this definition seems apt. But what if the bounds are porous? Or the internal workings of the system are dynamic? Once a system is structured to allow the option set to change, do the proscriptions embedded in law at Time A remain the appropriate baseline? Or should the baseline evolve, recreating the balance struck at Time A given the option set that exists at Time B? What if the reasons for the balance struck at Time A are myriad, …

A Semantic Framework For The Analysis Of Privacy Policies, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

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.

Geological Storage Of Co2 In Sub-Seafloor Basalt: The Carbonsafe Pre-Feasibility Study Offshore Washington State And British Columbia, David Goldberg, Lara Aston, Alain Bonneville, Inci Demirkanli, Curtis Evans, Andrew Fisher, Helena Garcia, Michael B. Gerrard, Martin Heesemann, Ken Hnottavange-Telleen, Emily Hsu, Cristina Malinverno, Kate Moran, Ah-Hyung Alissa Park, Martin Scherwath, Angela Slagle, Martin Stute, Tess Weathers, Romany M. Webb, Mark White, Signe White, Carbonsafe Cascadia Project Team

Faculty Scholarship

The CarbonSAFE Cascadia project team is conducting a pre-feasibility study to evaluate technical and nontechnical aspects of collecting and storing 50 MMT of CO2 in a safe, ocean basalt reservoir offshore from Washington State and British Columbia. Sub-seafloor basalts are very common on Earth and enable CO2 mineralization as a long-term storage mechanism, permanently sequestering the carbon in solid rock form. Our project goals include the evaluation of this reservoir as an industrial-scale CO2 storage complex, developing potential source/transport scenarios, conducting laboratory and modeling studies to determine the potential capacity of the reservoir, and completing an assessment of economic, regulatory …

Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard

Faculty Scholarship

The worst heatwave in modern history occurred in Russia in 2010; its rare combination of extreme temperatures and long duration killed an estimated 55,000 people. Under an RCP 8.5 scenario, comparable heat waves could occur every two years in the eastern United States by the end of the century, and by then in Europe, the legendary heat wave of 2003 “would be classed as an anomalously cold summer relative to the new climate.” These increased temperatures and heat waves are not just occurring randomly. The science is clear that human activities – mostly greenhouse gas emissions and deforestation – are …

Foreword – The 2017 Tax Cuts: How Polarized Politics Produced Precarious Policy, Michael J. Graetz

Faculty Scholarship

By lowering the corporate tax rate from 35% to 21%, the 2017 tax legislation brought the U.S. statutory rate into closer alignment with the rates applicable in other Organisation for Economic Co-operation and Development (OECD) nations, thereby decreasing the incentive for businesses to locate their deductions in the United States and their income abroad. Its overhaul of the U.S. international income tax rules simultaneously reduced preexisting incentives for U.S. multinationals to reinvest their foreign earnings abroad and put a floor on the benefits of shifting profits to low-tax jurisdictions. The 2017 legislation also added an unprecedented, troublesome lower rate for …

Why Autonomy Must Be Contract's Ultimate Value, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

In “The Choice Theory of Contracts”, we develop a liberal theory of contract law. One core task of the book was to persuade advocates of economic analysis that they must situate their enterprise within our liberal framework. Autonomy, rightly understood, is the telos of contract.

Oren Bar-Gill pushes back strongly in “Choice Theory and the Economic Analysis of Contracts”. He offers a penetrating – perhaps devastating – critique of our approach. Bar-Gill notes the substantial convergence between choice theory and a welfarist view. If he is right, then what does choice theory add?

Our task in Part I of this …

Can Restitution Save Fragile Spiderless Networks?, Ariel Porat, Robert E. Scott

Faculty Scholarship

This Article examines the dramatic increase in business networks in recent decades and considers whether the law can play a useful role in supporting the efficient functioning of these inter-firm relationships for coordination and cooperation. Repeat play, reputational sanctions, and norms of trust and reciprocity are the common explanations for the flourishing of networks in many industries and places. But the evidence also shows that a certain class of networks often fails to survive or function effectively and beneficial cooperation among these network members is impaired. These fragile networks develop organically without a controlling party or hierarchy at the center …

Decimation By Sea Star Wasting Disease And Rapid Genetic Change In A Keystone Species, Pisaster Ochraceus, Lauren A. Schiebelhut, Jonathan B. Puritz, Michael N. Dawson

Biological Sciences Faculty Publications

Standing genetic variation enables or restricts a population’s capacity to respond to changing conditions, including the extreme disturbances expected to increase in frequency and intensity with continuing anthropogenic climate change. However, we know little about how populations might respond to extreme events with rapid genetic shifts, or how population dynamics may influence and be influenced by population genomic change. We use a range-wide epizootic, sea star wasting disease, that onset in mid-2013 and caused mass mortality in Pisaster ochraceus to explore how a keystone marine species responded to an extreme perturbation. We integrated field surveys with restriction site-associated DNA sequencing …

On The Problem And Promise Of Metaphor Use In Science And Science Communication, Cynthia Taylor, Bryan M. Dewsbury

Biological Sciences Faculty Publications

The language of science is largely metaphorical. Scientists rely on metaphor and analogy to make sense of scientific phenomena and communicate their findings to each other and to the public. Yet, despite their utility, metaphors can also constrain scientific reasoning, contribute to public misunderstandings, and, at times, inadvertently reinforce stereotypes and messages that undermine the goals of inclusive science. This paper 1) examines the generative potential of metaphors to the advancement of scientific knowledge and science communication, 2) highlights the ways in which outdated metaphors may limit scientific inquiry and contribute to public misunderstandings, and 3) critically analyzes the implications …

Protective Versus Pathologic Pre-Exposure Cytokine Profiles In Dengue Virus Infection, Heather Friberg, Coreen M. Beaumier, Sangshin Park, Pamela Pazoles, Timothy P. Endy, Anuja Mathew, Jeffrey R. Currier, Richard G. Jarman, Kathryn B. Anderson, Steve Hatch, Stephen J. Thomas, Alan L. Rothman

Cell and Molecular Biology Faculty Publications

Background: Hyperendemic circulation of all four types of dengue virus (DENV-1-4) has expanded globally, fueling concern for increased incidence of severe dengue. While the majority of DENV infections are subclinical, epidemiologic studies suggest that type-cross-reactive immunity can influence disease outcome in subsequent infections. The mechanisms controlling these differential clinical outcomes remain poorly defined.

Methodology/Principal findings: Blood samples were collected from a cohort of school-aged Thai children who subsequently experienced a subclinical DENV infection or developed dengue illness. PBMC collected prior to infection were stimulated in vitro with DENV and the secretion of 30 cytokines was measured using a …

Port Decision Maker Perceptions On The Effectiveness Of Climate Adaptation Actions, Adolf K.Y. Ng, Huiying Zhang, Mawuli Afenyo, Austin Becker, Stephen Cahoon, Shu-Ling Chen, Miguel Esteban, Claudio Ferrari, Yui-Yip Lau, Paul Tae-Woo Lee, Jason Monios, Alessio Tei, Zaili Yang, Michele Acciaro

Marine Affairs Faculty Publications

Effective adaptation to climate change impacts is rapidly becoming an important research topic. Hitherto, the perceptions and attitudes of stakeholders on climate adaptation actions are under researched, partly due to the emphasis on physical and engineering aspects during the adaptation planning process. Building on such considerations, the paper explores the perceptions of port decision makers on the effectiveness of climate adaptation actions. The findings suggest that while port decision makers are aware of potential climate change impacts and feel that more adaptation actions should be undertaken, they are skeptical about their effectiveness and value. This is complemented by a regional …

Upregulation Of Hla‐E By Dengue And Not Zika Viruses, Elena Drews, Awadalkareem Adam, Phone Htoo, Elizabeth Townsley, Anuja Mathew

Cell and Molecular Biology Faculty Publications

Introduction. The most severe form of dengue virus (DENV) illness, dengue haemorrhagic fever, is characterised by plasma leakage and increased vascular permeability. Objectives. Given the critical role that endothelial cells play in the pathogenesis of DENV, we wanted to determine whether infection with DENV altered the expression of MHC class I related genes including HLA‐E. Results. In this study, we provide evidence that HLA‐E but not MICA/B or HLA‐G is upregulated by all four serotypes of DENV in an endothelial cell line human microvascular endothelial cells (HMEC)‐1. In contrast, Zika virus (ZIKV), a related flavivirus, where plasma leakage is …

Occupancy Of Freshwater Turtles Across A Gradient Of Altered Landscapes, Scott W. Buchanan, Bill Buffum, Gavino Puggioni, Nancy E. Karraker

Natural Resources Science Faculty Publications

Turtles are one of the most threatened groups of vertebrates worldwide. In the northeastern United States, a legacy of centuries of dramatic landscape alteration has affected freshwater turtle populations, but the relationships between the current landscape and distributions and abundances of freshwater turtles remain poorly understood. We used a stratified random approach to select 88 small, isolated wetlands across a gradient of forest cover throughout Rhode Island, USA, and systematically sampled freshwater turtles in these wetlands. We report estimates of relative abundance and used a canonical correspondence analysis to investigate relationships between species relative abundance and environmental covariates. We also …

Fine-Scale Habitat Comparison Of Two Sympatric Cottontail Species In Eastern Connecticut, Amy E. Gottfried Mayer, Thomas J. Mcgreevy Jr., Mary E. Sullivan, Bill Buffum, Thomas P. Husband

Natural Resources Science Faculty Publications

Changing landscapes in the Northeastern United States over the past century have had a profound effect on the abundance and distribution of native wildlife species that prefer early successional habitat, including New England cottontail (Sylvilagus transitionalis). Populations of New England cottontail have been in decline for several decades, whereas during this same time period the nonnative eastern cottontail (S. floridanus) range has expanded. We conducted intensive vegetation analyses at 17 known locations of New England cottontail and 19 known locations of eastern cottontail in Connecticut to better describe their chosen habitat and identify any difference in habitat used by the …

Our Regionalism, Jessica Bulman-Pozen

Faculty Scholarship

This article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal forms regions assume in the United States — through interstate cooperation, organization of federal administrative agencies, and hybrid state-federal efforts — it explores how regions have shaped American governance across the twentieth and early twenty-first centuries.

In the years leading up to the New Deal, commentators invoked regions to resist centralization, arguing that state coordination could forestall expansion of the federal government. But regions were soon deployed to a different end, as the federal government relied on regional administration to …

Hidden Behind Dental Trauma: Child Physical Abuse?, H. Cem Güngör

School of Dentistry Faculty Research and Publications

No abstract provided.

The Search For An Egalitarian First Amendment, Jeremy K. Kessler, David E. Pozen

Faculty Scholarship

Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation – generating widespread accusations that the Court has created a "new Lochner." This introduction to the Columbia Law Review's Symposium on Free Expression in an Age of Inequality takes up three questions raised by these developments: Why has First Amendment law become such a prominent site for struggles over socioeconomic inequality? Does the First Amendment tradition contain egalitarian elements that could be recovered? And what might a …

Introduction: Troubling Transparency, David E. Pozen, Michael Schudson

Faculty Scholarship

Transparency is a value in the ascendance. Across the globe, the past several decades have witnessed a spectacular explosion of legislative reforms and judicial decisions calling for greater disclosure about the workings of public institutions. Freedom of information laws have proliferated, claims of a constitutional or supra-constitutional "right to know" have become commonplace, and an international transparency lobby has emerged as a civil society powerhouse. Open government is seen today in many quarters as a foundation of, if not synonymous with, good government.

At the same time, a growing number of scholars, advocates, and regulators have begun to raise hard …

Amygdala-Frontal Connectivity Predicts Internalizing Symptom Recovery Among Inpatient Adolescents, Amanda Venta, Carla Sharp, Michelle Patriquin, Ramiro Salas, Elizabeth Newlin, Kaylah Curtis, Philip Baldwin, Christopher Fowler, B Christopher Frueh

Staff and Researcher Publications

Background: The possibility of using biological measures to predict the trajectory of symptoms among adolescent psychiatric inpatients has important implications. This study aimed to examine emotion regulation ability (measured via self-report) and a hypothesized proxy in resting-state functional connectivity [RSFC] between the amygdala and frontal brain regions as baseline predictors of internalizing symptom recovery during inpatient care.

Methods: 196 adolescents (61% female; Mage = 15.20; SD = 1.48) completed the Achenbach Brief Problem Monitor (BPM) each week during their inpatient care. RSFC (n = 45) and self-report data of emotion regulation (n = 196) were collected at baseline.

Results: The …

Calf Venous Compliance In College Aged Male Smokers And Non-Smokers, Jocelyn Rothschild-Frey

Research Papers

No abstract provided.

The Failed Application Of Just War Doctrine To Cyberwarfare, Dalton E. Runyon

Research Papers

Just War Theory has not followed with the most recent evolution of warfare. The last iteration of Just War Theory was created by Michael Walzer following the evolution of the tools of war in World War II. The current status of jus ad bellum and jus in bello are only applicable to conventional warfare, as this paper will show. Many current problems exist when attempting to analyze cyber attacks including the necessity of a proper definition, the determination of use of force, and how cyber attacks can be addressed in the future. These problems must be addressed so states can …

Neuromuscular Changes With Static Knee Loading And Drop Landings., Secily Moss

Research Papers

ABSTRACT

Background: Neuromuscular responses and adaptations associated with loading schemes to the knee joint have been a topic of interest in the realm of biomechanics and researchers have looked at this via drop landings from various box sizes and drop landings after lower extremity fatigue.

Hypothesis/Purpose: The purpose of the study was to assess neuromuscular activity of the muscles surrounding the knee joint before and after static loading to the knee joint capsule during drop landings. It was hypothesized that the knee joint capsule stretch would provide a significant neuromuscular modification during single leg drop landing.

Methods: …

Effects Of Traffic Incidents On Adjacent Facilities And Alternative Re-Routing Strategies, Alican Karaer

UNF Graduate Theses and Dissertations

This study presents an analysis of detour operations as a concept of congestion management. Since a large portion of traffic delay emanates from traffic incidents, the goal of the study was to alleviate incident-induced impacts on freeways by diverting congested traffic on to adjacent roadway facilities. To balance the demand between freeway and arterial systems, optimization was required through Integrated Corridor Management (ICM). This thesis examines the justification and optimization of dynamic traffic routing strategies.

Previous studies have justified detour operations based solely on traffic simulation results. This study quantifies the impacts from freeway incidents on a parallel arterial roadway …

The Perceptions Of Nonprofit Arts And Culture Organization Leaders Regarding Their Role In K-12 Arts Education, Alarie A. Gibbs

UNF Graduate Theses and Dissertations

The present study posed two research questions. Because of limited research regarding leadership in arts and culture organizations, the background question to contextualize the study was: How do nonprofit arts and culture leaders in the Jacksonville, Florida, metropolitan area perceive their roles within their organizations? The foreground question was: How do leaders of nonprofit arts and culture organizations in the Jacksonville, Florida, metropolitan area understand their roles in providing underserved K-12 students access to and opportunity for arts education? The research questions warranted a qualitative research design using semi-structured, in-depth interviews. The review of the literature documented the importance of …

Attrition In Behavioral Parent Training Programs In Clinical And Community Settings: A Meta-Analytic Review, Brett C. Michael

UNF Graduate Theses and Dissertations

Abstract

It is estimated that approximately 16-20% of youth will develop a diagnosable behavior disorder. Behavioral parent training is a valuable approach to address disruptive behaviors by teaching parents how to effectively manage their child’s challenging behavior with non-physical disciplinary techniques. While these programs are generally effective, attrition rates have been found to be as high as 60% in some cases. This review provides information about the characteristics commonly associated with these programs, the attrition rates of each program, and the general effectiveness of the programs. Meta-analytic procedures were implemented to identify contributing factors leading to withdrawal from intervention.

Keywords: …

The Role Of Wave Self-Similarity In Nearshore Wave Spectra, Morgan M. Smith

UNF Graduate Theses and Dissertations

Nonlinear wave-wave interactions and wave breaking contribute to nearshore wave energy dissipation. These factors can be analyzed by the principles of wave self-similarity. The equilibrium range can be shown in wind-driven wave spectra that exist in the form ( ) and However, the appropriate methods used to determine this loss of energy are controversial. This study examines an approach that reinvestigates the self-similarity principles. Wave spectra with lower peak periods are dominated by nonlinear wave-wave interactions which produce a scaling in shallow water. This thesis investigates the relative role of spectral similarity in different conditions in the nearshore region of …