Digital Commons Network^™

Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain

Articles

Why does a revolutionary theatre method developed in the 1960s and 1970s by Brazilian intellectual and activist Augusto Boal belong in clinical legal education? Use of the transformative Forum Theatre method can greatly enhance legal education. Boal, a colleague and disciple of Paulo Freire (Pedagogy of the Oppressed), developed Forum Theatre as a democratic, participatory, and collaborative production between the actors and the audience, to revolutionize traditional sit-and-watch theatre. Spectators in the audience become spect-actors, halt the oppressive element in a scenario, take the place of the actors, and eliminate oppression. The over-arching goal of Forum Theatre is to illuminate …

The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby

Articles

No abstract provided.

Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos

Articles

In civil litigation courts often deal with information that is subject to a previously imposed restraint on the ability of a court or others to use the information. Such “evidentiary prior restraints” arise most prominently in settlement agreements, which may include nondisclosure provisions that prevent information concerning the settlement from being used by parties to the agreement. But evidentiary prior restraints can also arise from prior court action, as when parties seek information subject to a protective order or sealing order made by a different court. Although evidentiary prior restraints have received great attention given recent controversies concerning sexual harassment, …

Regulating Foreign Commerce Through Multiple Pathways: A Case Study, Kathleen Claussen

Articles

This Essay looks at the regulation of foreign distilled spirits coming into the United States as a lens through which to understand how trade commitments become a part of U.S. law. The experience of distilled spirits in the last forty years demonstrates that trade agreements have the power to create new domestic rules, to lock in rules already on the books, and to be entirely powerless in the face of executive branch intransigence. But this story is just one illustration of competing authorities and unclear allegiances among the branches when it comes to issues of cross-border movement of goods and …

Our Trade Law System, Kathleen Claussen

Articles

No abstract provided.

The International Claims Trade, Kathleen Claussen

Articles

Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …

The Case Against Equity In American Contract Law, Jody S. Kraus, Robert E. Scott

Faculty Scholarship

The American common law of contracts appears to direct courts to decide contract disputes by considering two opposing points of view: the ex ante perspective of the parties’ intent at the time of formation, and the ex post perspective of justice and fairness to the parties at the time of adjudication. Despite the black letter authority for both perspectives, the ex post perspective cannot withstand scrutiny. Contract doctrines taking the ex post perspective – such as the penalty, just compensation, and forfeiture doctrines – were created by equity in the early common law to police against abuses of the then …

The Marshall-Olkin Exponentiated Generalized G Family Of Distributions: Properties, Applications, And Characterizations, Haitham M. Yousof, Mahdi Rasekhi, Morad Alizadeh, Gholamhossein Hamedani

Mathematical and Statistical Science Faculty Research and Publications

In this paper, we propose and study a new class of continuous distributions called the Marshall-Olkin exponentiated generalized G (MOEG-G) family which extends the Marshall-Olkin-G family introduced by Marshall and Olkin [A. W. Marshall, I. Olkin, Biometrika 84 (1997), 641-652]. Some of its mathematical properties including explicit expressions for the ordinary and incomplete moments, generating function, order statistics and probability weighted moments are derived. Some characteristics of the new family are presented. Maximum likelihood estimation for the model parameters under uncensored and censored data is addressed in Section 5 as well as a simulation study to assess the performance of …

The Shrinking Constitution Of Settlement, David E. Pozen

Faculty Scholarship

Professor Sanford Levinson has famously distinguished between the "Constitution of Settlement" and the "Constitution of Conversation." The former comprises those aspects of the Constitution that are clear, well established, and resistant to creative interpretation. The latter comprises those aspects that are subject to ongoing litigation and debate. Although Americans tend to fixate on the Constitution of Conversation, Levinson argues that much of what ails our republic is attributable, at least in part, to the grossly undemocratic and "decidedly nonadaptive" Constitution of Settlement.

This Article, prepared for a symposium on Levinson's coauthored book Democracy and Dysfunction, explains that the Constitution of …

Lessons From The Prekindergarten Movement, Clare Huntington

Faculty Scholarship

I am deeply grateful for the ambition of Nancy Dowd’s book, Reimagining Equality. Professor Dowd offers a powerful and essential vision for addressing the entrenched inequalities that pervade our society. And she is unapologetic about the breadth and depth of change needed to achieve this vision. I do not want to distract from her inspiring call for a New Deal for Children by introducing questions about political feasibility, but thinking about what is possible in the here and now is a useful place to begin the conversation about systemic change.

So, what is possible in this era of Trump? …

Textiles And Jewelry At Fag El-Gamous, Joyce Smith, Kerry Muhlestein, Brian Christensen

Faculty Publications

Elsewhere in this volume we discuss extensively the burial practices of the common man as represented in the Fag el-Gamous sand cemetery. While these burials must represent the common, or poorer, people of the area due to their large numbers, they are remarkable in regards to the amount of resources used for a common burial.1 The two most frequently used types of goods associated with these burials, and probably the most expensive, are textiles and jewelry. In order to better understand these burials and the requisite resources marshaled by the deceased during their life and their loved ones after their …

The Querelle Des Clés: An Episode In Francisco Frontera De Valldemosa's Exuberant Life, Antoni Pizà

Publications and Research

In 1858, Francisco Frontera de Valldemosa published a peculiar music theory treatise in Madrid under the title Equinotación ó Nuevo sistema musical de llaves. It has two parts. The first (pp. 11-20) is an explanation of the invention (namely, the reduction of all clefs to only three) detailing the perceived actual need for it (that is, most clefs are unnecessary, and they impede or delay the creativity of the avid music learner). The second part (new pagination, pp. 2-83) is a curious anthology of music in many genres and styles. On the left page of each spread, there is a …

The Many-Minded Man: The Odyssey, Psychology, And The Therapy Of Epic, Joel Christensen

Publications and Research

In The Many-Minded Man, Joel Christensen explores the content, character, and structure of the Homeric Odyssey through a modern psychological lens, focusing on how the epic both represents the workings of the human mind and provides for its audiences—both ancient and modern—a therapeutic model for coping with the exigencies of chance and fate. By reading the Odyssey as an exploration of the constitutive elements of human identity, the function of narrative in defining the self, and the interaction between the individual and their social context, The Many-Minded Man addresses enduring questions about the poem, such as the importance of …

Reciprocal On-Site Access: Sharing Information By Sharing Library Spaces, Beth Posner, Dennis Massie, Jennifer Devito, Katharine Haldeman

Publications and Research

On-site reciprocal access to libraries is a valuable benefit of consortial membership. This article details its advantages, offers a sample of some ways in which consortia facilitate such access and reviews the work of the authors, within the SHARES consortium, in this area. Relevant challenges to creating policies, as well as suggestions about how to determine best practices, will also be offered for librarians and their partners to consider and build upon.

Neoliberalism And Financialization In Turkey, Hakan Yilmaz

Publications and Research

This paper summarizes the process of financialization under the neoliberal restructuring of the Turkish economy. First, it discusses the political and economic context that led to the restructuring. Then, it elaborates the first stage of Turkish neoliberalism and financialization under the ANAP government, and the various coalition governments throughout 1990s. Then, it describes the second stage of this process under the Neoliberal Populist regime of the AKP government. Finally, it tries to locate neoliberalism and financialization in the country’s long-term capitalist development. In this context, the paper aims to display the connection between Marx’s tendency of the rate of profit …

The Distributional Short-Term Impact Of The Covid-19 Crisis On Wages In The United States, Yonatan Berman

Publications and Research

This paper uses Bureau of Labor Statistics employment and wage data to study the distributional impact of the COVID-19 crisis on wages in the United States by mid-April. It answers whether wages of lower-wage workers decreased more than others', and to what extent. We find that the COVID-19 outbreak exacerbates existing inequalities. Workers at the bottom quintile in mid-March were three times more likely to be laid off by mid-April compared to higher-wage workers. Weekly wages of workers at the bottom quintile decreased by 6% on average between mid-February and mid-March and by 26% between mid-March and mid-April. The average …

L’Ètica De L’Estètica ¿Caldria Debatre L’Antijudaisme Del ‘Misteri D’Elx’?, Antoni Pizà

Publications and Research

Al final de la representació de la segona jornada del Misteri d’Elx hi ha un moment d’indescriptible intensitat emocional. La catarsi que experimenten els espectadors, actors i músics sol manifestar-se en aclamacions, víctors i fins i tot llàgrimes. Els ventalls de les dones aletegen agilíssims, pràcticament posseïts. Primer tímidament —per a no interrompre la màgia del moment— però gradualment amb gran intensitat, comencen, ja al final de la representació, els aplaudiments, sempre in crescendo, acompanyats, poc després, per la coneguda i emfàtica expressió: «Visca la Mare de Déu!».

Uncovering The Complex Genetics Of Human Personality: Response From Authors On The Pgmra Model, Igor Zwir, Pashupati Mishra, Coral Del-Val, C. Charles Gu, Gabriel A. De Erausquin, Terho Lehtimäki, C. Robert Cloninger

School of Medicine Publications

Following publication of our two articles [1, 2], a critique of the methodology of Phenotype-Genotype Many-to-Many Relations Analysis (PGMRA) [1, 3, 4] questioned the validity of our results from the perspective of polygenic risk scores (PRS) [5]. We appreciate the importance of these questions, and here provide a concise discussion of the assumptions and mathematical constraints of both approaches. We thank this commentator and others who have discussed our articles with us for their thoughtful questions and critiques

A Kinesin Adapter Directly Mediates Dendritic Mrna Localization During Neural Development In Mice, Hao Wu, Jing Zhou, Tianhui Zhu, Ivan Cohen, Jason Dictenberg

Publications and Research

Motor protein-based active transport is essential for mRNA localization and local translation in animal cells, yet how mRNA granules interact with motor proteins remains poorly understood. Using an unbiased yeast two–hybrid screen for interactions between murine RNA-binding proteins (RBPs) and motor proteins, here we identified protein interaction with APP tail-1 (PAT1) as a potential direct adapter between zipcode-binding protein 1 (ZBP1, a β-actin RBP) and the kinesin-I motor complex. The amino acid sequence of mouse PAT1 is similar to that of the kinesin light chain (KLC), and we found that PAT1 binds to KLC directly. Studying PAT1 in mouse …

Leveraging Technology To Blend Large-Scale Epidemiologic Surveillance With Social And Behavioral Science Methods: Successes, Challenges, And Lessons Learned Implementing The Unite Longitudinal Cohort Study Of Hiv Risk Factors Among Sexual Minority Men In The United States, H. Jonathon Rendina, Ali J. Talan, Nicola F. Tavella, Jonathan Lopez Matos, Ruben H. Jimenez, S. Scott Jones, Brian Salfas, Drew Westmoreland

Publications and Research

The use of digital technologies to conduct large-scale research with limited interaction (i.e., no in-person contact) and objective endpoints (i.e., biological testing) has significant potential for the field of epidemiology, but limited research to date has been published on the successes and challenges of such approaches. We analyzed data from a cohort study of sexual minority men across the United States, collected using digital strategies during a 10-month period from 2017 to 2018. Overall, 113,874 individuals were screened, of whom 26,000 were invited to the study, 10,691 joined the study, and 7,957 completed all enrollment steps, including return of a …

And Still They Rise: Lessons From Students In New York City's Alternative Transfer High Schools, Mica Baum-Tuccillo, Varnica Arora, Alison Holstein, Michelle Fine

Publications and Research

And Still They Rise is the first systematic analysis of alternative transfer schools in New York City – alternative educational spaces that keep their doors open to a range of students who seek an education despite past academic struggles. The report blends a qualitative and quantitative review of 842 students’ responses to a participatory survey that asked about goals, desires, obstacles, and what they found at transfer schools. In this report we present the stories and the statistics across schools, elevating silenced stories that lay behind the misnomer “at risk." We review data that shows how deeply students appreciate their …

Agent-Based Modelling Of The Relationships Among Kinship, Residence, And Exchange, James R. Allison

Faculty Publications

In the North American Southwest, archaeological research has documented ceramic exchange networks in which spatially proximate households in consumer communities have greatly varying amounts of imported pottery. This paper uses agent-based modelling to gain insight into the processes responsible for these distributions. The agent-based model used here tracks kinship ties among agents representing individuals who give birth, marry, co-reside with spouses, and exchange things in a virtual landscape filled with small settlements of up to a few hundred individuals. Exchange of goods in the model flows through the kinship networks. The results suggest that the differential distribution of goods among …

Historical And Archaeological Evidence For Flooding In West Provo, Utah, Michael T. Searcy

Faculty Publications

Utah Lake in Utah County, Utah, has been a wealth of resources for generations of people over thousands of years. The lake’s waters also have regularly breached its banks and adversely affected the lives of many people. Using both historical and archaeological data, I provide evidence for successive flooding events that are likely to persist into the future. This same information is used to suggest that Provo City is making poor decisions in their current development of this area next to the lake.

Improving Nmt Quality Using Terminology Injection, Deryle W. Lonsdale, Duane K. Dougal

Faculty Publications

Many organizations use domain- or organization-specific words and phrases. This paper explores the use of vetted terminology as an input to neural machine translation (NMT) for improved results: ensuring that the translation of individual terms is consistent with an approved multilingual terminology collection. We discuss, implement, and evaluate a method for injecting terminology and for evaluating terminology injection. Our use of the long short-term memory (LSTM) attention mechanism prevalent in state-of-the-art NMT systems involves attention vectors for correctly identifying semantic entities and aligning the tokens that represent them, both in the source and the target languages. Appropriate terminology is then …

Toward A Mission Statement For Mutual Funds In Shareholder Litigation, Sean J. Griffith, Dorothy Lund

Faculty Scholarship

This paper analyzes the conduct of mutual funds in shareholder litigation. We begin by reviewing the basic forms of shareholder litigation and the benefits such claims might offer mutual fund investors. We then investigate, though an in-depth docket review, whether and how the ten largest mutual funds participate in shareholder litigation. We find that although shareholder suits offer potential benefits, the largest mutual funds have essentially forfeited their use of litigation. This finding is particularly striking given that index funds and other long-term oriented mutual funds generally cannot sell their shares when they are dissatisfied with company performance, leaving them …

Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …

Comparison Of Pyrolysis Of Live Wildland Fuels Heated By Radiation Vs. Convection, Mohammad-Saeed Safdari, Elham Amini, David R. Weise, Thomas H. Fletcher

Faculty Publications

During wildland fires, which include both planned (prescribed fire) and unplanned (wildfire) fires, live and dead plants may be subject to both radiative and convective heat transfer mechanisms. In this study, the pyrolysis of 14 live plant species native to the forests of the southern United States was investigated using a flat-flame burner (FFB) apparatus under three heating modes in order to mimic pyrolysis of plants during wildland fires. The heating modes were: (1) radiation-only, where the plants were pyrolyzed under a moderate heating rate of 4 °C s−1 (radiative flux of 50 kW m−2); (2) convection-only, where the FFB …

Defiance, Concealed Carry, And Race, Nicholas J. Johnson

Faculty Scholarship

No abstract provided.

Patent Shopping, Janet Freilich

Faculty Scholarship

Over the past decade, scholars have identified many entities who use the patent system in ways that differ from the traditional model of patent use—entities such as patent assertion entities, patent aggregators, or owners of large patent portfolios. This Article presents a model that explains the behavior of some of the biggest and most controversial entities in the patent system. This Article argues that such entities are engaged in “patent shopping” where the plaintiff makes a strategic choice of patent in order to obtain the best facts and substance in a case and thereby maximize the chance of a favorable …

Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules?, Bruce A. Green, Ellen C. Yaroshefsky

Faculty Scholarship

No abstract provided.