Digital Commons Network^™

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

Regulate Physician Restrictive Covenants To Improve Healthcare, Judy Ann Clausen

Kentucky Law Journal

No abstract provided.

Redefining The Third-Party Doctrine: Carpenter's Effect On Dna Privacy, Drew M. Baldwin

Kentucky Law Journal

No abstract provided.

Ai And The "Death Of Trademark", Michael Grynberg

Kentucky Law Journal

No abstract provided.

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 1.

Kkk In The Pd: White Supremacist Police And What To Do About It, Vida B. Johnson

Lewis & Clark Law Review

There is an epidemic of white supremacists in police departments. Police officers have been identified as members of white supremacist groups in Florida, Alabama and Louisiana. There have been scandals in over 100 different police departments, in over forty different states, in which individual police officers have sent overtly racist emails, texts, or made racist comments via social media. This is a nation-wide problem. It is one that is not limited to just beat officers; some of these shocking occurrences have even involved high-ranking members of their respective police forces. Although the F.B.I. warned of white supremacists infiltrating police departments …

Shackled Speech: How President Trump's Treatment Of The Press And The Citizen-Critic Undermines The Central Meaning Of The First Amendment, Terri R. Day, Danielle Weatherby

Lewis & Clark Law Review

Just recently, the Southern District of New York in Knight First Amendment, Inc. v. Trump applied existing First Amendment doctrine to President Trump’s @realDonaldTrump Twitter account in considering whether he violated the First Amendment when he blocked citizens from accessing his tweets. After concluding that the interactive space associated with each of the President’s tweets is a designated public forum, the District Court held that President Trump’s act of blocking users who criticize him constituted viewpoint-based discrimination, which violates the First Amendment. This Article is one of the first of its kind to analyze the question considered by the Knight …

Swains Lake, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Cruel To Be Kind: The Societal Response To Technology And Youth Sexual Expression, Kelly Muldavin

Lewis & Clark Law Review

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children …

A New Era In Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, And A Shift In The National Conversation Point Toward A Need For Measure 11 Reform, Joshua Olmsted

Lewis & Clark Law Review

In 1994, Oregon voters passed Ballot Measure 11, a mandatory minimum sentencing scheme that imposes long inflexible sentences for a plethora of serious crimes. In addition to establishing mandatory minimum sentences, Measure 11 dramatically re-shaped the landscape of the juvenile justice system by mandating transfer to adult court for youth between 15 and 17 years old, charged with any Measure 11 offense, even if they are eventually convicted of a lesser offense. In recent years, there has been a push to rethink the way that we evaluate and treat juvenile offenders. Evolving Supreme Court jurisprudence, along with new research into …

Craft Beer And The Rising Tide Effect: An Empirical Study Of Sharing And Collaboration Among Seattle's Craft Breweries, Zahr K. Said

Lewis & Clark Law Review

This qualitative empirical research project studies Seattle’s craft brewing industry as a thriving entrepreneurial ecosystem that displays widespread collaboration and innovation. Drawing on data collected in 22 face-to-face formal interviews conducted with industry participants, the Article explores the community’s attitudes, practices, and norms with respect to collaboration and intellectual property (IP). It joins a growing body of qualitative empirical IP scholarship that maps misalignments between law and practice “on the ground,” seeking to offer a more accurate and pluralistic account of an innovative industry. The craft brewing community in Seattle cooperates extensively while continuing to compete actively for consumers. In …

Mental Disability And The Executive: A Comparative Analysis Of The Separation Of Powers, Zachary Nelson

Lewis & Clark Law Review

The doctrine of Separation of Powers is integral to the United States’ constitutional system. To prevent tyranny, governmental power must be separated to ensure that no government institution nor official gains too much power. The U.S. Constitution was drafted with this central concern in mind. To achieve successful separation of powers, constitutions must make clear—or at least discernible—the boundaries and scope of each power. One of the most significant areas in which this clarity is required is in the election, maintenance, and removal of the country’s executive leadership.

For over 175 years, the U.S. Constitution lacked a procedure for removing …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 2.

A Hybrid Approach To Marijuana Federalism, Susan F. Mandiberg

Lewis & Clark Law Review

With the evident indulgence of the United States Department of Justice, states are jumping on the bandwagon of legalizing medicinal and recreational marijuana even though marijuana use is criminalized under the Federal Controlled Substances Act. The possibility that the federal government will at some point decriminalize marijuana use poses a challenge for the construction of a regulatory framework. In short, how should the states and the federal government divide regulatory responsibilities?

There has been significant academic discussion about possible regulatory frameworks to address this issue. Drawing upon existing federalism schemes in the environmental and natural resource area, this Article reviews …

Beyond Cannabis: Psychedelic Decriminalization And Social Justice, Dustin Marlan

Lewis & Clark Law Review

Psychedelics are powerful psychoactive substances that alter consciousness and brain function. Like cannabis, psychedelics have long been considered prohibited Schedule I substances under the Controlled Substances Act of 1970. However, via the powerful psychological experiences they induce, psychedelics are now being shown to be viable therapeutic alternatives in treating depression, substance use disorders, and other mental illnesses, and even to enhance the wellbeing of healthy individuals.

In May 2019, Denver, Colorado became the first city in the country to decriminalize psilocybin (the active compound in “magic mushrooms”)—a potential major shift in the War on Drugs. Ballot initiatives for the decriminalization …

Zoning, Race, And Marijuana: The Unintended Consequences Of Proposition 64, Alexis Holmes

Lewis & Clark Law Review

This Article revisits the campaign to legalize cannabis in California with Proposition 64. It then dissects the localism within the new California regulations and how it conflicts with the social justice goals central to the spirit of Proposition 64’s passage. With local governments retaining control over marijuana in their jurisdictions, land use takes on new importance with respect to how marijuana will be controlled. The problem is that the land use system, like the criminal law apparatus, has yet to overcome systemic racism that is inherently part of its design. Proposition 64 wrongly relied on local control to regulate marijuana …

Cannabis And Insurance, Francis J. Mootz Iii, Jason Horst

Lewis & Clark Law Review

Although many states have decriminalized or legalized cannabis, it remains a Schedule 1 drug under the federal Controlled Substances Act. The conflict between federal and state law presents many complicated issues, including problems relating to insurance coverage. Insurance law seeks to balance competing policy interests. On one hand, public policy supports reading insurance policies broadly to indemnify policyholders for their losses. On the other hand, public policy counsels against permitting insurance to indemnify (federally) illegal activity. In this Article, we explore some pressing issues arising from the conflict between these policy considerations and offer some analysis of the conflict in …

Cannabis Law, The Constitution, And The Aba Model Rules, Hayley Hollis

Lewis & Clark Law Review

Though a growing number of states have legalized recreational or medical cannabis use, cannabis is still categorized as a Schedule I substance under the Controlled Substances Act, and its use, possession, and cultivation are federal offenses. This conflict between state and federal law creates a unique challenge for the legal community. Unless states with legalized cannabis programs have amended their state rules of professional conduct or provided advisory opinions on the matter, local attorneys assume a great deal of risk when representing clients within the cannabis industry.

To further complicate matters, what happens when a lawyer, who is licensed to …

Reefer Madness In Federal Court: An Overview Of How Federal Courts Are Dealing With Cannabis Litigation And Why It Is Necessary To “Dig Into The Weeds”, Blake Marvis

Lewis & Clark Law Review

Litigation stemming from the state-legal cannabis industry has presented many unique questions for federal courts to grapple with. Can federal courts provide equitable relief to state-legal cannabis litigants, despite being in violation of federal law? Can workers in the state-legal cannabis industry sue their employers to recover required minimum wage under federal statutes? Is a contract that is made in a state-legal cannabis market automatically void? This Comment examines the precarious nature of state-legal cannabis litigation in federal courts through a dissection of how litigation has progressed. It also examines the framing of the arguments made in cannabis disputes. Although …

If It Looks Like A Duck: Equal Protection, Selective Prosecution, And Geographic Differences In The Federal Prosecution Of Marijuana Crimes Under The Controlled Substances Act, Zachary Nelson

Lewis & Clark Law Review

State legalization of marijuana for medical purposes has skyrocketed since California first authorized medical marijuana in 1996. Today, citizens in 33 states can use marijuana for medical purposes. While each state maintains distinct regulatory systems and eligibility requirements, the core result of these state medical marijuana programs is that citizens in 33 states can lawfully possess and use marijuana. Yet federal law makes any use of marijuana illegal under the Controlled Substances Act (CSA). Through the Supremacy Clause, this illegality is controlling and preemptive in every state; that is, even if a state makes marijuana legal for certain purposes, an …

The Remarkable First 50 Women Law Graduates Of St. Mary's University: Part One, Regina Stone-Harris

Faculty Articles

No abstract provided.

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Faculty Articles

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association's (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player 's contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would …

You Are Not Alone: What Law Schools Must Do To Help Law Students With Mental Health And Substance Abuse Issues, David A. Grenardo

Faculty Articles

Part I of this Article discusses the crisis of mental health and substance abuse issues afflicting law students and lawyers. Part II provides practical, tangible solutions for law schools and law students to address the crisis. This Article concludes with a recommendation that law schools educate and support their law students to let them know they are not alone in their mental health and substance abuse battles.

The Representation Of Mature Adults In Tv Commercials: A Cross-Cultural Content Analysis Of Portrayals In Poland And In The U.S., Kinga Kowalewska, Erika Grodzki

Faculty and Staff Publications & Presentations

The aim of the article is to examine the portrayals of mature adults (55+) in television commercials in Poland and in the United States. It is important to analyze the portrayal of this group as, on the one hand, they are a lucrative and growing consumer market, however, on the other hand, past studies have shown that this segment has been often stereotyped and underrepresented. It is hypothesized that due to clear differences in the value systems and socio-economic characteristics of both countries, the representation of the mature segment of consumers will differ significantly in terms of their overall portrayal. …

The Role Of Protein O-Glcnacylation In Regulating Mitochondrial Function, Jalessa Nicole Wright

All ETDs from UAB

The attachment of O-linked-N-acetylglucosamine (O-GlcNAc) to the serine/threonine residues of proteins has emerged as an important regulatory mechanism in transcriptional regulation, protein activation as well as cell survival. Several studies have reported that elevated O-GlcNAc levels have adverse effects on mitochondrial function. These negative effects have been linked to O-GlcNAc modification of mitochondrial proteins that are integral across multiple metabolic cell processes i.e. VDAC, NDUFA9 and DRP-1. Mitochondrial complexes I, III and IV all contain subunit proteins that are O-GlcNAc modified and increased O-GlcNAcylation of these proteins is associated with deficits in oxidative phosphorylation in these models. Conversely, it has …

The Role Of Suppressor Of Cytokine Signaling 3 In Neuroinflammatory Disease, Zhaoqi Yan

All ETDs from UAB

The Janus Kinase/Signal Transducers and Activators of Transcription (JAK/STAT) pathway plays a critical role in cytokine-mediated responses in both innate and adaptive immunity, and dysregulation of the JAK/STAT pathway is linked to many inflammatory disorders. Multiple Sclerosis (MS) is an inflammatory demyelinating disease that affects the central nervous system, and both innate and adaptive immunity are involved in disease progression. STAT3 signaling is critically involved in MS pathology and is negatively regulated by Suppressor Of Cytokine Signaling 3 (SOCS3). Both increased STAT3 activation and reduced SOCS3 expression are observed in immune cells from patients with MS. Although the role of …

The Effect Of Right Ventricular Insertion Cooling On Wavebreak Initiation Following Defibrillation Shocks, Han Yu

All ETDs from UAB

Although strong defibrillation shocks can save patients from life-threating tachyarrhythmias, the function of the heart may be compromised. We found in an earlier study that the right ventricular insertion (RVI) is responsible for most of the initial propagation failure (wavebreak) that drives the transition from ventricular tachycardia (VT) to ventricular fibrillation (VF). To determine whether suppression of wavebreak at the RVI region can decrease VF re-occurrence after defibrillation, thereby decreasing the defibrillation shock strength threshold (DFT), a cooling method was developed to impede waves from propagating between the right ventricle (RV) and the left ventricle (LV) through the RVI. The …

Methods For The Establishment Of A Dss-Induced Ibd Model In Adult Zebrafish, Ningxiang Zeng

All ETDs from UAB

Inflammatory Bowel Disease (IBD) is a group of idiopathic chronic inflammatory intestinal conditions. To reveal its pathogenesis, several different animal models have been established. Although no single model captures the complexity of human IBD, each model provides valuable insights into one or another major aspect of disease, and together they have led to the establishment of a generally accepted understanding for human IBD pathogenesis. Recently, zebrafish have become an important platform for IBD research, and several murine IBD outcomes have been adapted to the zebrafish. Dextran Sulfate Sodium (DSS) -induced colitis, the most widely used murine IBD model, has never …

Exploring The Link Between Dietary Fiber, The Gut Microbiota And Estrogen Metabolism Among Women With Breast Cancer, Ayse G. Zengul

All ETDs from UAB

Breast cancer continues to be a very prevalent disease and impacts over 260,000 new patients per year in the United States. The gut microbiota composition may affect breast cancer risk by modulating various hormonal metabolites including endogenous estrogens. Dietary factors impact gut microbial ecology and influence the regulation of estrogen metabolism. Current evidence supports the potential role of dietary fiber in breast cancer prevention and its possible modulating influence on serum estrogen levels through the gut microbiota associated with β-glucuronidase activity. However, this mechanism is not clearly understood. In this study, we aimed to explore the associations between dietary fiber, …

Structural Elements Underlying The Neuroplastic Changes Produced By Constraint-Induced Movement Therapy In Chronic Stroke, Yue Zhang

All ETDs from UAB

Constraint-Induced Movement Therapy (CIMT) is a rehabilitation treatment that produces large motor function improvements in patients with chronic stroke. One of the hypothesized mechanisms by which CIMT achieves its therapeutic effect is the large functional and structural plastic changes that it produces in the brain. The goal of the present project was to determine the neural underpinnings of cortical reorganization produced by CIMT in chronic stroke using proton magnetic resonance spectroscopy (1H-MRS). Before applying the proposed 1H-MRS techniques (i.e., single voxel spectroscopy/SVS and whole brain magnetic resonance spectroscopic imaging/WB-MRSI) to evaluate longitudinal changes in brain metabolites after CIMT, it is …