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2019

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Half-Baked: The Science And Politics Of Legal Pot, Joelle A. Moreno Jan 2019

Half-Baked: The Science And Politics Of Legal Pot, Joelle A. Moreno

Faculty Publications

Weed, herb, grass, bud, ganja, Mary Jane, hash oil, sinsemilla, budder, and shatter. Marijuana – whether viewed as a medicine or intoxicant – is fast becoming a part of everyday life, with the CDC reporting 7,000 new users every day and the American market projected to grow to $20 billion by 2020. Based on early campaign rhetoric, by that same year the U.S. could have a pro-marijuana president.

Despite its growing acceptance and popularity, marijuana remains illegal under federal law. Like heroin, LSD, and ecstasy, marijuana is a DEA Schedule I drug reflecting a Congressional determination that marijuana is both …


Using Science To Build Better Learners: One School's Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis N. Schulze Jr. Jan 2019

Using Science To Build Better Learners: One School's Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis N. Schulze Jr.

Faculty Publications

What measures can law schools take to improve student performance and bar passage? The answer is not what you think.

Recent developments in the science of learning show that most law students learn wrong. In fact, ineffective methods of learning pervade all levels of education. We now know that widely accepted learning and study strategies that were once considered gospel are actually deeply flawed. Yet we still embrace and propagate those myths.

Meanwhile, bar passage rates and law student performance are plummeting. Everyone in legal education is asking “what can we do?” But, “what can we do?” is the wrong …


Securities & Exchange Commission Vs. Elon Musk & The First Amendment, Jerry W. Markham Jan 2019

Securities & Exchange Commission Vs. Elon Musk & The First Amendment, Jerry W. Markham

Faculty Publications

No abstract provided.


Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi Jan 2019

Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi

Faculty Publications

Despite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in …


A Resolution In The Spanish Banking Sector: The Case Of Banco Popular Espanol, Magdalena Kozińska Jan 2019

A Resolution In The Spanish Banking Sector: The Case Of Banco Popular Espanol, Magdalena Kozińska

Documents

No abstract provided.


O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli Jan 2019

O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli

Documents

No abstract provided.


Free Speech And Cheap Talk, Daniel J. Hemel, Ariel Porat Jan 2019

Free Speech And Cheap Talk, Daniel J. Hemel, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

We present a new framework for analyzing defamation liability that serves both to clarify and complicate understandings of the law’s consequences for speakers, victims, and the marketplace of ideas. In addition to the familiar deterrence and chilling effects, we show how defamation liability can generate a “warming effect,” making statements more credible and potentially raising both the quality and quantity of speech. We also explain how a more plaintiff-friendly liability regime may exacerbate harms to defamation victims. We end by considering the possibility of “self-tailored” defamation law, with victims or speakers selecting the defamation liability regime that applies to them. …


Economic Perspectives On Free Speech, Daniel J. Hemel Jan 2019

Economic Perspectives On Free Speech, Daniel J. Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

The metaphor of a ‘marketplace of ideas’ has long pervaded discussions of free speech in and beyond the United States. For early scholars of law and economics (L&E), the similarities and differences between the metaphorical marketplace for ideas and literal markets for goods and services were subjects of much attention. Aaron Director—the University of Chicago law professor who helped to found the L&E movement but rarely reduced his own ideas to writing— devoted one of his few published papers to the contrast between the laissez-faire approach to speech and command-and-control regulation of other markets in mid-twentieth century America. Ronald Coase, …


What Should Law School Rankings Measure And How Should We Measure It: A Comment On Heald & Sichelman's Rankings, Adam Chilton, Jonathan S. Masur Jan 2019

What Should Law School Rankings Measure And How Should We Measure It: A Comment On Heald & Sichelman's Rankings, Adam Chilton, Jonathan S. Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

There are obvious benefits to ranking academic departments based on objective measures of faculty research output. However, there are considerable difficulties associated with producing reliable and accurate rankings. In this short comment, we offer an evaluation of Heald and Sichelman's recent foray into the project of ranking law schools. Heald and Sichelman are to be commended for the transparency and rigor of their rankings effort. At the same time, it is important to note that their rankings involve a series of contestable discretionary choices and could give rise to potential counterproductive gaming by law schools seeking to improve their place …


Outside Influence On Democratic Elections, Saul Levmore Jan 2019

Outside Influence On Democratic Elections, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

The 2019 Indian general election, and especially the enormous amount of money spent on campaigning and befriending voters during the election season, has drawn attention to the question of whether and when “outside” support (in the form of money and other assistance) from companies and persons not directly involved in an election should be forbidden, tolerated, or even encouraged. Common reactions to outside influence are inevitably inconsistent, even if we account for the fact that losers are likely to decry the outside influence that advantaged the winners or, more likely, the incumbent party expected to win. A novel approach, influenced …


A Place For Place In Federal Tax Law, Daniel J. Hemel Jan 2019

A Place For Place In Federal Tax Law, Daniel J. Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

Drive about 14 miles west from here on Ohio State Route 81 and just when you cross I-75, before entering downtown Lima, you will find that you have arrived in a different capital gains tax regime. The grass may not be greener on the other side of I-75, but the capital gains tax rules surely are. If you sell a capital asset at a gain and plow the proceeds into an investment here in Ada, you will owe capital gains tax today and potentially will owe more tax when you sell the Ada asset in the future. If you put …


Piece Problems: Component Valuation In Marketing And In Patent And Tort Law, Saul Levmore Jan 2019

Piece Problems: Component Valuation In Marketing And In Patent And Tort Law, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

The problems referred to in the title of this chapter concern evaluating a given variable when it is one of several that have combined to bring about a result. In some cases, there is an easy market solution. Imagine that you contract to buy a house and then the beautiful kitchen stove, one of many things that attracted you to the property, is destroyed before you close the transaction or occupy the property. How much should the price now be reduced? Here there is an upper limit based on the cost of a comparable replacement appliance. A more precise valuation …


The Impact Of Artificial Intelligence On Rules, Standards, And Judicial Discretion, Frank Fagan, Saul Levmore Jan 2019

The Impact Of Artificial Intelligence On Rules, Standards, And Judicial Discretion, Frank Fagan, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

Artificial intelligence (AI), and machine learning in particular, promises lawmakers greater specificity and fewer errors. Algorithmic lawmaking and judging will leverage models built from large stores of data that permit the creation and application of finely tuned rules. AI is therefore regarded as something that will bring about a movement from standards to rules. Drawing on contemporary data science, this Article shows that machine learning is less impressive when the past is unlike the future, as it is whenever new variables appear over time. In the absence of regularities, machine learning loses its advantage and, as a result, looser standards …


When Audiences Object: Free Speech And Campus Speaker Protests Articles & Essays, Gregory P. Magarian Jan 2019

When Audiences Object: Free Speech And Campus Speaker Protests Articles & Essays, Gregory P. Magarian

Scholarship@WashULaw

In March 2017, conservative author Charles Murray arrived to speak at Middlebury College in Vermont, invited by a student affiliate of the American Enterprise Institute. Murray planned to discuss his 2013 book, Coming Apart: The State of White America, 1960-2010. Many Middlebury students and faculty, however, deplored Murray for an earlier book, 1994’s The Bell Curve, where he drew specious connections between race and intelligence. Others simply considered Murray an intellectual lightweight who didn’t warrant a speaking slot at the prestigious college. Murray’s critics objected to the Political Science Department’s co-sponsorship of his ppearance and the college president’s plan to …


Political And Non-Political Speech And Guns, Gregory P. Magarian Jan 2019

Political And Non-Political Speech And Guns, Gregory P. Magarian

Scholarship@WashULaw

Constitutional rights depend on justifications. Some combination of theory, his- tory, and practical reasoning needs to establish why and to what extent a given right warrants legal protection. The justifications that courts and theorists articulate for a given right determine the right’s breadth and the specific contours of its protection. Justification has particular importance at the formative stage of a newly recognized constitutional right. At present, courts are building doctrine around the Second Amendment “right of the people to keep and bear Arms,”1 recognized as an individ- ual right just over a decade ago in District of Columbia v. Heller.2 …


How To Save The Supreme Court, Daniel Epps, Ganesh Sitaraman Jan 2019

How To Save The Supreme Court, Daniel Epps, Ganesh Sitaraman

Scholarship@WashULaw

The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory after decades of increasingly partisan battles over control of the Court. The result is a Supreme Court whose Justices are likely to vote along party lines more consistently than ever before in American history. That development gravely threatens the Court’s legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court’s ability to render impartial justice, the Court’s power to settle important questions of law will be in …


Proxy Advisor Influence In A Comparative Light, Andrew F. Tuch Jan 2019

Proxy Advisor Influence In A Comparative Light, Andrew F. Tuch

Scholarship@WashULaw

The reform of proxy advisors is on the U.S. regulatory agenda, with debate focusing on the extent of influence that these actors exert over institutional investors and corporate managers. But the debate examines the U.S. position in isolation from other systems. If we broaden our focus, we see that the factors usually cited for proxy advisors’ influence exist similarly in the United Kingdom but that proxy advisors there exert significantly weaker influence than they do in the United States. Why this difference when we would expect a similar role for proxy advisors in both systems based on the presence of …


Federally Funded Slaving, Rafael I. Pardo Jan 2019

Federally Funded Slaving, Rafael I. Pardo

Scholarship@WashULaw

This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders …


Faculty Publications 2018, Lsu Health Sciences Center New Orleans Jan 2019

Faculty Publications 2018, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 810 publications.


Mens Rea Reform And Iis Discontents, Benjamin Levin Jan 2019

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …


Street Children: A Focus On Dominican Republic (Research Report), James Okina, Isaac King, Salma Moran, Wainright Acquoi Jan 2019

Street Children: A Focus On Dominican Republic (Research Report), James Okina, Isaac King, Salma Moran, Wainright Acquoi

No Existe - Dominican Republic

Over 150 million children are living in the streets across the world today (UNICEF, 2006). The Dominican Republic which is case in point is one of the many countries where children’s rights are not being protected, and the public welfare of children is not a priority, particularly in the case of street children, thereby increasing children’s encounter with challenges and exposure to risks. The lack of sufficient data creates a conundrum reflecting how bad this situation currently is, but growing concerns have proven how detrimental the challenge is to both children and the future of the country. Despite these alarming …


Annual Security Report For Calendar Year 2018, Illinois State University Police Department Jan 2019

Annual Security Report For Calendar Year 2018, Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report


Student Affairs Viewbook, 2019-2020, Division Of Student Affairs, Illinois State University Jan 2019

Student Affairs Viewbook, 2019-2020, Division Of Student Affairs, Illinois State University

Student Affairs Viewbook

No abstract provided.


Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier Jan 2019

Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier

FIU Law Review

No abstract provided.


“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith Jan 2019

“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith

FIU Law Review

No abstract provided.


Post-Panel Commentary, Joëlle A. Moreno Et Al Jan 2019

Post-Panel Commentary, Joëlle A. Moreno Et Al

FIU Law Review

No abstract provided.


Improving Extraction Processes Of Crustacean Chitin Using Solid State Analytical Techniques, Fionn O'Fearghail, Michelle Giltrap, Christine O'Connor, Patrice Behan Jan 2019

Improving Extraction Processes Of Crustacean Chitin Using Solid State Analytical Techniques, Fionn O'Fearghail, Michelle Giltrap, Christine O'Connor, Patrice Behan

Articles

Solid state analytical techniques are becoming more widely used for the analysis of a range of organic products which demonstrate very poor solubility in both common organic and polar solvents and as such cannot be accurately characterised using solution based techniques. Primarily used as a secondary technique for qualitative analysis of insoluble intermediates and products in organic synthesis, 13C CP-MAS NMR can be utilised in tandem with a targeted extraction and clean up procedure for accurate quantitative analysis of insoluble bio-molecules of interest. Here solid state 13C CP-MAS NMR is utilised as the primary analytical technique in the characterisation of …


Discrimination Of Breast Cancer From Benign Tumours Using Raman Spectroscopy, Fiona Lyng, Damien Traynor, Thi Nguyet Que Nguyen, Aidan Meade, Fazle Rakib, Rafif Al-Saady, Erik Goormaghtigh, Khalid Al-Saad, Mohamed H. Ali Jan 2019

Discrimination Of Breast Cancer From Benign Tumours Using Raman Spectroscopy, Fiona Lyng, Damien Traynor, Thi Nguyet Que Nguyen, Aidan Meade, Fazle Rakib, Rafif Al-Saady, Erik Goormaghtigh, Khalid Al-Saad, Mohamed H. Ali

Articles

Breast cancer is the most common cancer among women worldwide, with an estimated 1.7 million cases and 522,000 deaths in 2012. Breast cancer is diagnosed by histopathological examination of breast biopsy material but this is subjective and relies on morphological changes in the tissue. Raman spectroscopy uses incident radiation to induce vibrations in the molecules of a sample and the scattered radiation can be used to characterise the sample. This technique is rapid and non-destructive and is sensitive to subtle biochemical changes occurring at the molecular level. This allows spectral variations corresponding to disease onset to be detected. The aim …


Visceral Adipose Tissue Modulates Radiosensitivity In Oesophageal Adenocarcinoma, Ann Marie Mongan, Niamh Lynam-Lennon, Suzanne Doyle, Rory Casey, Eibhlin Carr, Aoife Cannon, Melissa J Conroy, Graham P Pidgeon, Lorraine Brennan, Joanne Lysaght, John V. Reynolds, Jacintha O’Sullivan Jan 2019

Visceral Adipose Tissue Modulates Radiosensitivity In Oesophageal Adenocarcinoma, Ann Marie Mongan, Niamh Lynam-Lennon, Suzanne Doyle, Rory Casey, Eibhlin Carr, Aoife Cannon, Melissa J Conroy, Graham P Pidgeon, Lorraine Brennan, Joanne Lysaght, John V. Reynolds, Jacintha O’Sullivan

Articles

Oesophageal adenocarcinoma (OAC) is an exemplar model of obesity-associated cancer. Response to neoadjuvant chemoradiotherapy (NA CRT) is a clinical challenge. We examined if visceral adipose tissue and obesity status alter radiosensitivity in OAC. The radioresistant (OE33R) and radioresponsive (OE33P) OAC isogenic model was cultured with adipose tissue conditioned media from three patient cohorts: non-cancer patients, surgery only OAC patients and NA CRT OAC patients. Cell survival was characterised by clonogenic assay, metabolomic profiling by nuclear magnetic resonance spectroscopy and adipokine receptor gene expression by qPCR. A retrospective in vivo study compared tumour response to NA CRT in normal weight (n=53) …


Investigation Of Coastal Sea-Fog Formation Using The Wibs (Wide Band Integrated Bioaerosol Sensor) Technique, Shane M. Daly, David O'Connor, David A. Healy, Stig Hellebust, Jovanna Arndt, Eoinj. Mcgillicuddy, Patrick Feeney, Michael Quirke, John C. Wenger, John R. Sodeau Jan 2019

Investigation Of Coastal Sea-Fog Formation Using The Wibs (Wide Band Integrated Bioaerosol Sensor) Technique, Shane M. Daly, David O'Connor, David A. Healy, Stig Hellebust, Jovanna Arndt, Eoinj. Mcgillicuddy, Patrick Feeney, Michael Quirke, John C. Wenger, John R. Sodeau

Articles

Abstract. A wideband integrated bioaerosol sensor (WIBS4) was deployed in Haulbowline Island, Cork Harbour, to detect fluorescence particles in real time during July and September 2011. A scanning mobility particle sizer (SMPS) was also installed providing sizing analysis of the particles over the 10–450nm range. During the campaign, multiple fog formation events occurred; they coincided with dramatic increases in the recorded fluorescent particle counts. The WIBS sizing and fluorescence intensity profiles indicated that the origin of the signals was potentially non-biological in nature (i.e. PBAPs, primary biological aerosol particles). Furthermore, the data did not support the presence of known fluorescing …