Digital Commons Network^™

The Content-Discrimination Principle And The Impact Of Reed V. Town Of Gilbert, David L. Hudson Jr.

Law Faculty Scholarship

The content-discrimination principle remains the chief analytical tool used in First Amendment jurisprudence. Under this doctrine, laws are categorized as content-based or content-neutral. Content-based laws are subject to strict scrutiny and content-neutral ones are subject to intermediate scrutiny.

The U.S. Supreme Court ratcheted up the content-discrimination principle in Reed v. Town of Gilbert. Previously, lower courts were divided on whether a law was content-based if the underlying purpose was not to engage in censorship or content-discrimination. In Reed, however, the Court declared that the law’s purpose is not the central inquiry. It concluded that if a law draws facial distinctions …

The Popular Constitutional Canon, Thomas G. Donnelly

Law Faculty Publications

Popular constitutionalism scholarship has often left out the American people. Sure, ordinary citizens make cameo appearances—often through the actions of elected officials and elite movement leaders. However, focusing on high politics among elite actors—even if those actors are not judges—simply is not enough. If popular constitutional views do, indeed, matter, then we can expect constitutional partisans to try to manipulate the processes through which these views emerge. Some constitutional scholars have made a start, reflecting on the importance of the constitutional canon. However, these scholars focus mostly on the legal canon and often ignore its popular analog. At the same …

Copyrights In Higher Education: Motivating A Research Agenda, Jacob H. Rooksby

Law Faculty Publications

The Bayh–Dole Act of 1980 enabled American universities to engage in technology transfer. Thirty years of research has investigated the legislation’s effectiveness and derivative university practices, such as the establishment of technology transfer offices. Unfortunately, the technology transfer literature has focused primarily on patenting as the primary transfer vehicle for protecting intellectual property in universities, overlooking other forms of IP ownership, such as copyrights. Legal scholarship shows, however, that universities are increasingly using copyrights to protect their intellectual property and that the number of university-held copyrights exceeds patents. This paper examines the use of copyrights to protect and transfer university …

Unjust Timing Limitations In Genetic Malpractice Cases, Lauren E. Clatch

Law Faculty Publications

As genomic data are increasingly being collected and applied in clinical care, physicians, laboratories, and other health care providers are more frequently being sued for alleged medical malpractice or negligence. Because the genetic underpinnings of an existing or future health condition may not be immediately apparent, such cases sometimes raise unique timing issues involving the applicable statute of limitations, statute of repose, or statutory notification requirements. Although these timing limitations on when a lawsuit can be brought have important policy rationales and justifications, such as helping to protect providers from open-ended liability, their application to genetic liability cases may sometimes …

The 2018 Race For Governor Of Illinois: Rauner Vs. Pritzker, John Jackson

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

The 2018 race for governor in Illinois was unique in the annuals of the state and nation. For the first time ever it featured two mega-rich candidates vying for a job that pays $177,412 per year. Between the candidates, Bruce Rauner, the incumbent Republican, and the challenger, J. B. Pritzker, the two campaign committees spent a combined total of $251.7 million dollars on the race and support for other allied candidates, making it the most expensive governor’s race in Illinois history. This race came close to surpassing the national record of Governor Jerry Brown vs. Meg Whitman in California in …

Catalog 2019-2020, University Of North Florida

UNF Course Catalogs

No abstract provided.

Animated Encounters: Transnational Movements Of Chinese Animation, 1940s-1970s By Daisy Yan Du (Review), Li Guo

World Languages and Cultures Faculty Publications

In her groundbreaking monograph, Daisy Yan Du offers a rigorous discussion of Chinese animation by highlighting the historical course of Chinese animation and how animated filmmaking contests the notion of nationhood and opens up a spatialized conception of intercultural encounters and collaboration. The book contains a theoretical introduction essay, four substantial chapters, a concise epilogue, and three appendices on animated films by Mochinaga Tadahito, on leaders of Shanghai Animation Film Studio, and on major publications on Chinese animation. It contributes valuable discussions on the “disjuncture between politics and aesthetics in the sense that politics cannot fully control arts” (Du 2020, …

The Invention Of First Amendment Federalism, Jud Campbell

Law Faculty Publications

When insisting that the Sedition Act of 1798 violated the First Amendment, Jeffersonian Republicans cast their argument in historical terms, claiming that the Speech and Press Clauses eliminated any federal power to restrict expression. Scholars, in turn, have generally accepted that Republicans had a consistent understanding of the First Amendment throughout the 1790s. But Founding Era constitutionalism was dynamic in practice, even while often conservative in rhetoric, and scholars have missed the striking novelty of the principal argument against the Sedition Act. Republicans had taken a rights provision and transformed it into a federalism rule.

Mostly ignored in the literature, …

Filling The California Ninth Circuit Vacancies, Carl Tobias

Law Faculty Publications

At President Donald Trump’s inauguration, the United States Court of Appeals for the Ninth Circuit faced ample vacancies that the United States Courts’ Administrative Officelabeled “judicial emergencies” because of their protracted length and its huge caseload. Recent departures by Circuit Judge Stephen Reinhardt and former Chief Judge AlexKozinski, who occupied California posts, and other jurists’ decision to change their active status mean that the circuit has five emergencies, three in California, because Trump has appointed only three nominees. The court also resolves the most filings least expeditiously.

Limited clarity about whether more judges will leave active service over Trump’s presidency …

Ex Pluribus Unum? On The Form And Shape Of A Common Code Of Ethics In International Litigation, Chiara Giorgetti, Jeffrey L. Dunoff

Law Faculty Publications

In April 2019, member-states of UNCITRAL Working Group III requested the UNCITRAL Secretariat to undertake preparatory work for a Code of Conduct for Investor-State Dispute Settlement focusing on the implementation and enforceability of such a code. This groundbreaking development signals that, for the first time, a consensus exists that a code of ethics for Investor-State dispute settlement is desirable and needed. This contribution addresses three threshold questions that such preparatory work raises, namely: the preferred form of the code, the code's substantive reach, and the optimal process for bringing a code to fruition. As set out below, we urge that …

The Enumerated-Rights Reading Of The Privileges Or Immunities Clause: A Response To Barnett And Bernick, Kurt T. Lash

Law Faculty Publications

In prior scholarship, I have argued that the historical evidence suggests that the public originally understood the Privileges or Immunities Clause as protecting enumerated constitutional rights, including (though not limited to) those rights listed in the first eight amendments, but not as protecting absolute enumerated rights such as the unenumerated right to contract protected in cases like Lochner v. New York. In a recent article, Randy Barnett and Evan Bernick canvass more than two decades of my historical work on the Fourteenth Amendment and claim that I have failed to present a persuasive argument in favor of what they call …

Filling The New York Federal District Court Vacancies, Carl Tobias

Law Faculty Publications

President Donald Trump contends that federal appellate court appointments constitute his foremost success. The president and the United States Senate Grand Old Party (GOP) majority have compiled records by approving forty-eight conservative, young, accomplished, overwhelmingly Caucasian, and predominantly male, appeals court jurists. However, their appointments have exacted a toll, particularly on the ninety-four district courts around the country that must address eighty-seven open judicial positions in 677 posts.

One riveting example is New York’s multiple tribunals, which confront twelve vacancies among fifty-two court slots. The Administrative Office of the United States Courts considers nine of these openings “judicial emergencies,” because …

Investing In Corporate Procedure, Jessica M. Erickson

Law Faculty Publications

Corporate litigation is in crisis. At the state level, shareholder lawsuits challenging mergers and other corporate decisions are ubiquitous but rarely end with meaningful relief for shareholders. At the federal level, securities class actions are rife with ethical challenges and low-value settlements. Over the last several decades, multiple groups — including judges, legislatures, and corporate boards — have tried to solve this problem, but all have come up short. This Article argues that the solution lies in rewriting the procedural rules that govern corporate lawsuits. New standing requirements would lead to better screening of these claims. Discovery limits and heightened …

"Cyborg Justice" And The Risk Of Technological-Legal Lock-In, Rebecca Crootof

Law Faculty Publications

Although Artificial Intelligence (AI) is already of use to litigants and legal practitioners, we must be cautious and deliberate in incorporating AI into the common law judicial process. Human beings and machine systems process information and reach conclusions in fundamentally different ways, with AI being particularly ill-suited for the rule application and value balancing required of human judges. Nor will “cyborg justice”—hybrid human/AI judicial systems that attempt to marry the best of human and machine decisionmaking and minimize the drawbacks of both—be a panacea. While such systems would ideally maximize the strengths of human and machine intelligence, they might also …

Reflections On A Law Teaching Career As The Curtain Closes Only To Open Again, Jonathan K. Stubbs

Law Faculty Publications

Grandmother once said to me, "Johnny boy, it ain't as long as it has been." Stated another way, Grandma was telling me that there were not as many years to come in her life as had already passed. In some respects, that's the way it is with one's teaching career. There is a beginning, a middle, and then a "something else." I write to briefly share a few personal comments regarding how I am thinking about what happens next in my evolving career. [..]

The Tax Law And Policy Of Natural Disasters, Christine Manolakas

McGeorge School of Law Scholarly Articles

Natural disasters result in untold human suffering and economic loss. In addition to possible physical injury and loss of life, the futures of the individuals involved are forever altered. Homes and neighborhoods are destroyed, families and communities are dislocated, and jobs and businesses are jeopardized. Unconscionably, Tax Cuts and Jobs Act of 2017 further diminished the already inadequate tax relief available for the damage or destruction of personal-use property caused by casualty events. Following a general discussion of the tax laws applicable to casualty losses, including changes made by the Tax Cuts and Jobs Act of 2017, this article surveys …

Hungary's New Church Law Is Worse Than The First, H. David Baer Ph.D.

Occasional Papers on Religion in Eastern Europe

In early December 2018, the Hungarian parliament passed a series of sweeping laws with major constitutional implications. The parliamentary session itself was something of a circus. In order to pass the law, Prime Minister Viktor Orbán’s government was forced to disregard rules of the chamber that would have allowed the opposition to derail the legislation with parliamentary maneuvers. In protest, the opposition sounded bullhorns in Parliament while throwing confetti, before walking out. Perhaps the most significant law was one establishing a new, parallel system of courts which critics say give Orbán complete control of the judiciary. Less noted, but also …

Rice Granules As Natural Carrier To Encapsulate Drug And Aromatic Oils, Xue Liu

Chulalongkorn University Theses and Dissertations (Chula ETD)

Rice granules as major energy supply to humanity worldwide are utilized in many fields, such as food, medical, printing and plastic industries. In this thesis work, rice starch/granule is applied as hydrophilic drug (vancomycin) carrier to achieve the release. By confirmation on the stability of rice granules against to various treatments like alkali, acid and heating, as well as a-amylase, trypsin, and lipase, it is possible to use rice granules as 100% natural source to be the capsule and matrix getting the non-core-shell structure of the formation. The success of encapsulation is confirmed by the observations on crystalline, thermal properties …

Roles Of Wox On Pt/Γ-Al2o3 Catalysts On The Prevention Of Pt Metal Sintering During Hydrogenolysis Of Glycerol To 1,3-Propanediol, Poonnapa Limsoonthakul

Chulalongkorn University Theses and Dissertations (Chula ETD)

Hydrogenolysis of glycerol to produce 1,3-propanediol is the most effective reaction which conversing excess glycerol from biodiesel production to high-value-add product ; especially, 1,3-propanediol. A solid catalyst which generally used as selective to 1,3-propanediol production is Pt-based catalyst with γ-Al2O3 supporter which was prepared by wet impregnation method in this study. Although hydrogenolysis of glycerol reaction has been carried out under mild conditions: 140 °C and 5 bar of initial H2 pressure, the deactivation of non-reduced Pt/γ-Al2O3 catalyst is observed. To investigate the deactivation of the catalyst, the used Pt/γ-Al2O3 and Pt/WOx/γ-Al2O3 catalysts were characterized by N2-physisorption, ICP-OES, SEM-EDX, XRD, …

Comparative Study On The Effectiveness Of Myofunctional Therapy Of The Tongue After Frenectomy In Ankyloglossia, Nattakarn Povichit

Chulalongkorn University Theses and Dissertations (Chula ETD)

Background: This study's objective of was investigate the effectiveness of myotherapy on tongue mobility and tongue function after surgical correction in ankyloglossia. Method: This study was carried out in 15 subjects assigned to the control group (n=5). The other 10 individuals with ankyloglossia were randomly received frenectomy alone (F; n=5) and frenectomy performed with tongue myofunctional therapy (FM; n=5). Tongue myofunctional therapy was performed 1 day after surgery, and 3 times a day for 3 months. Age, gender, height, weight, IBM, Kotlow's free tongue movement, maximal interincisal mouth opening (MIO), interincisal mouth opening with tongue tip to maxillary incisive papillae …

Roles Of Lin28 Proteins In Cholangiocarcinoma, Nattapong Puthdee

Chulalongkorn University Theses and Dissertations (Chula ETD)

LIN28 is an RNA-binding protein, a known as regulator of microRNAs biogenesis and play a role in multiple cellular functions such as stem cell maintenance, cell metabolism and implicated in oncogenesis. In cancer study, LIN28 protein is frequently expressed and associated with tumor aggressiveness and poor disease outcome. Previous studies have shown that paralog-LIN28B was upregulated in during CCA development. However, the role of LIN28B in cholangiocarcinogenesis remains largely unknown. The present study, we found LIN28B is overexpressed in CCA patients' tissues. Overexpression of LIN28B in cholangiocytes-MMNK-1 cells showed that LIN28B enhanced cell proliferation, clonogenic potential, and promoted epithelial-to mesenchymal …

Illusionary Myth About Violence On The Southern Border: A Case Study Of Amphoe Sangob, Yala Province, Poramin Tangopasvilaisakul

Chulalongkorn University Theses and Dissertations (Chula ETD)

The objectives of the research, “Illusionary Myth about Violence on the Southern Border: A Case Study of Amphoe SaNgob, Yala Province” are to 1) study the construction of myth about and the intention of violence in Yala Province by means of power interactions between social institutions and the local people; 2) analyse and compare the perspectives on violence on the Southern border of the people within the area of violence and those outside; and 3) study the crisis concerning rhetorical representations which are related to conflict on the Southern border created by clashes and collisions, using the concept of power/discourse, …

The Effect Of Different Surface Treatments On Tensile Bond Strength Of Acrylic Denture Teeth And Light-Cured Composite Resin, Chotinut Wongpornpirot

Chulalongkorn University Theses and Dissertations (Chula ETD)

This study evaluated the effect of different surface treatments on the tensile bond strength between acrylic denture teeth and composite resin. Maxillary lateral incisors of conventional acrylic denture teeth (Yamahachi New Ace) and highly cross-linked acrylic denture teeth (Trubyte Bioform IPN teeth) were ground on the labial surfaces. Each type of denture teeth were divided into six groups (n=10) according to surface treatment procedures which are no surface treatment (control), methyl methacrylate treatment (MMA) for 180 seconds, methyl formate-methyl acetate mixture (MF-MA) solution at a ratio of 25:75 (v/v) treatment for 15 seconds, composite bonding agents, MMA (180 seconds) with …

The Roles And Perceptions Of The Thai Ministry Of Foreign Affairs Through Governmental Politics In The Preah Vihear Temple Dispute, Ornthicha Duangratana

Chulalongkorn University Theses and Dissertations (Chula ETD)

In the Thai-Cambodian Preah Vihear Temple dispute, the perceptions of the Thai Ministry of Foreign Affairs (MFA) are investigated. Through the employment of role theory, the MFA's national role conceptions (NRCs), since the Cold War period and with concentration on the years from 2008 to 2013, are explicated. The research presents that the organizational characteristics of the ministry conduce the propensity for cooperative NRCs. At the same time, as the agency dealing with foreign affairs, the material and ideational elements in the external environment are important determinants. Nevertheless, at times, the national public opinion and the decline of the MFA's …

Gene Expression Analysis Of Mmp12 And S100a4 Of Grafted Bone Using Allograft And Xenograft In Mice, Tipaporn Jurairutporn

Chulalongkorn University Theses and Dissertations (Chula ETD)

Objectives: This study aimed to evaluate the genes of interest that could explain osteoblast and osteoclast activities in bone remodeling after bone grafting with demineralized freeze-dried bone allograft) (DFDBA) and demineralized bovine bone mineral (DBBM) to compare with normal bone healing. Methods: Calvarium defects were created on both side of the parietal bone in nine male C57BL/6MLac mice. Defects were divided into 3 groups; group 1: defect without grafting as a control group, group 2: defect grafted with DFDBA, and group 3: defect grafted with DBBM. The mRNA expression levels of MMP12 and S100A4 were analyzed using real-time PCR in …

Pregnancy Outcome And Exclusive Breastfeeding Status Among Adolescent Mother In Matlab, Bangladesh: A Retrospective Cohort Study, Aminur Rahman Shaheen

Chulalongkorn University Theses and Dissertations (Chula ETD)

Background: Sixteen million adolescents give birth each year, constituting 11% of all births world-wide, mostly in low- and middle- income countries. Exclusive breastfeeding (EBF) is an established subsidy for both mothers and infants but unfortunately the rate of breastfeeding among adolescent mothers is lowest worldwide. This paper reports on trends in adolescent pregnancy and associated adverse birth outcomes, ANC, facility delivery, practice of EBF in Matlab, Bangladesh. Methods: Total 5,774 adolescent mothers in the HDSS database between 2007 and 2015 were used as the study population. These data were used to examine trends in adolescent motherhood in the icddr,b service …

Study Of Pharmacist Workforce In Public Sector, Of Republic Of The Union Of Myanmar, Lwin Nyein Aye

Chulalongkorn University Theses and Dissertations (Chula ETD)

Health workforce shortage was common across the world including Myanmar. However, there was not previous study about the pharmacist workforce to ascertain the shortage problem in Myanmar. This study was aimed to analyze the current situation of pharmacist workforce in Myanmar especially in public sector and to construct a simulation model to suggest the appropriate policy options to the policymakers in improving the pharmacist workforce situations in the public hospitals.For the first objective, the study design was a cross-sectional survey using a mixed method which consisted of the secondary data analysis and semi-structured face-to-face interviews. The government registry data related …

Development Of Prediction Model For Chronic Kidney Disease In Type 2 Diabetics In Thailand, Wilailuck Tuntayothin

Chulalongkorn University Theses and Dissertations (Chula ETD)

Diabetes mellitus (DM) is a major contributing factor that leads to end stage renal disease (ESRD) with unsuitable clinical management. Chornic kidney disease (CKD) prediction model could prevent the progression of CKD to ESRD. However, current CKD prediction models in patients with type 2 DM were developed to predict ESRD. This study aimed to develop prediction model for CKD stage 3 in patients with type 2 DM in Thailand. This was a 10-year retrospective cohort study obtaining data of patients with type 2 DM from electronic database of Taksin hospital during 1 January 2008 to 31 December 2017. The outcome …

Social Integration Of Chinese Students In Thai Society: The Case Of Chinese Students In Chulalongkorn University And Dhurakij Pundit University, Caoyi Zhang

Chulalongkorn University Theses and Dissertations (Chula ETD)

International students may not integrate as successfully and smoothly as has been assumed. These students may experience multiple challenges in their new social and academic host environments. As Chinese student is the majority and the main source of international students in Thailand, promotion for their better integration into Thai society should be done. Therefore, this study aims to investigate social life of Chinese students in Thailand and the factors that influent Chinese students’ integration into Thai society. The author chosen two representative universities as case study. The data was collected from observation and semi-structured interviews about integration in various domains …

The Role Of Ethnic Chinese In Thailand's Banking Sector Development: The Case Study Of Bangkok Bank's Business Strategy, Shenglan Zheng

Chulalongkorn University Theses and Dissertations (Chula ETD)

Ethnic Chinese people have actively participated in Thailand's economic activities throughout history. In the early 20th century, the ethnic Chinese family groups burrowed into the power-base of the economy - the banking industry in Thailand. The purpose of this study is to investigate the role of ethnic Chinese and their business strategy in Thailand’s banking sector development during the formative years of the banking industry. This study finds that ethnic Chinese attempted to establish commercial banks in Thailand before WWII but failed in competition with European capitals, while the European-owned banks could not succeed without hiring Chinese compradors to bridge …