Digital Commons Network^™

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah Britton-Purdy

Faculty Scholarship

We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it …

Misaligned Lawmaking, Timothy Meyer

Faculty Scholarship

This Article makes three contributions. First, it introduces the Misalignment Thesis in the context of U.S. trade policy. The Misalignment Thesis is a descriptive claim about how the structure of a legislative bargain influences the long-term stability and effectiveness of that bargain. Second, the Article introduces the normative corollary to the Misalignment Thesis: if political stability hinges on respecting the legislative bargain, interdependent policies should be subject to renegotiation on the same timeline and implementation on the same terms. In light of this prescription, I offer three concrete proposals for aligning trade liberalization and trade adjustment assistance in order to …

Avoiding Judicial Discipline, Veronica Root Martinez

Faculty Scholarship

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and the rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into …

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Publications

No abstract provided.

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

Publications

Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …

Public Purpose Finance: The Government's Role As Lender, Nadav Orian Peer

Publications

This Article explores the workings of Public Purpose Finance, and its role within the U.S. political economy. “Public Purpose Finance” (PPF) refers to the broad range of institutions through which the government extends credit to private borrowers in sectors like housing, education, agriculture and small business. At a total of $10 trillion, PPF roughly equals the entire U.S. corporate bond market, and is around one half of the U.S. Gross national debt (2018 figures). The Article begins by surveying and quantifying the scope of PPF. It then demonstrates that PPF enjoys a considerable degree of insulation from the federal budgetary …

Administrative Law's Extraordinary Cases, Jonathan Skinner-Thompson

Publications

The Supreme Court's major questions doctrine is grounded in the Chevron framework. Reconstituting it as a "major rules" exception to Chevron or as a non-delegation principle are misguided and create greater uncertainty.

Toward A New Appreciation Of Fra Mariano Of Florence, Lezlie Knox

History Faculty Research and Publications

No abstract provided.

Discovery Of Exosomes From Tick Saliva And Salivary Glands Reveals Therapeutic Roles For Cxcl12 And Il-8 In Wound Healing At The Tick-Human Skin Interface, Wenshuo Zhou, Faizan Tahir, Joseph Che-Yen Wang, Michael Woodson, Michael B. Sherman, Shahid Karim, Girish Neelakanta, Hameeda Sultana

Biological Sciences Faculty Publications

Ticks secrete various anti-coagulatory, anti-vasoconstrictory, anti-inflammatory, and anti-platelet aggregation factors in their saliva at the bite site during feeding to evade host immunological surveillance and responses. For the first time, we report successful isolation of exosomes (small membrane-bound extracellular signaling vesicles) from saliva and salivary glands of partially fed or unfed ixodid ticks. Our data showed a novel role of these in vivo exosomes in the inhibition of wound healing via downregulation of C-X-C motif chemokine ligand 12 (CXCL12) and upregulation of interleukin-8 (IL-8). Cryo-electron microscopy (cryo-EM) analysis revealed that tick saliva and salivary glands are composed of heterogeneous populations …

Ecosystem Services And Disservices Of Mangrove Forests And Salt Marshes, Daniel A. Friess, Erik S. Yando, Jahson B. Alemu I, Lynn-Wei Wong, Sasha D. Soto, Natasha Bhatia, S. J. Hawkins (Ed.), A. L. Allcock (Ed.), A. E. Bates (Ed.), A.J. Evans (Ed.), L. B. Firth (Ed.), C. D. Mcquaid (Ed.), B. D. Russell (Ed.), I. P. Smith (Ed.), S. E. Swearer (Ed.), P. A. Todd (Ed.)

Biological Sciences Faculty Publications

Coastal wetlands such as mangrove forests and salt marshes provide a range of important benefits to people, broadly defined as ecosystem services. These include provisioning services such as fuelwood and food, regulating services such as carbon sequestration and wave attenuation, and various tangible and intangible cultural services. However, strong negative perceptions of coastal wetlands also exist, often driven by the perceived or actual ecosystem disservices that they also produce. These can include odour, a sense of danger, and their real or perceived role in vector and disease transmission (e.g. malaria). This review provides an introduction to the ecosystem services and …

Locations, Programs, And Content Of Graduate Education In Business Communication, Stephen A. Carradini, Matt Baker, Matthew R. Sharp, Elise Davidson

Faculty Publications

This study explored locations, programs, and content of graduate education in business communication to provide guidance for prospective graduate students interested in becoming business communication faculty.

The researchers conducted a survey of business communication scholars, drawing on the backgrounds and knowledge of those who currently teach and research business communication.

Findings indicate that 93 universities offer programs supporting graduate business communication education. This number dwarfs the 12 previously documented programs. These 93 programs are rarely called “business communication.” More respondents received training in business communication practice in master’s programs than in doctoral programs, while more respondents received training in pedagogy …

Identity: The Demand For Dignity And The Politics Of Resentment, Elizabeth Adamo Usman

Law Faculty Scholarship

This review examines Francis Fukuyama’s Identity: The Demand for Dignity and the Politics of Resentment and evaluates both its substantive thesis and its relevance to legal writing pedagogy. The reviewer summarizes Fukuyama’s three-part argument: that modern identity politics, rooted in the concept of thymos (the human desire for recognition), has reshaped political conflict; that this development poses a significant threat to liberal democratic institutions; and that a renewed, creedal national identity grounded in universal democratic values offers a necessary remedy. The review highlights major criticisms of Fukuyama’s historical framing, normative claims, and policy proposals, including his emphasis on assimilation and …

Why Fifty: An Analysis Of The Small Business Exemption Codified In The Family And Medical Leave Act Of 1993, Lynn Ridgeway Zehrt

Law Faculty Scholarship

This article analyzes the small business exemption codified in the Family and Medical Leave Act of 1993 (FMLA), which limits coverage to employers with fifty or more employees and thereby excludes a substantial portion of the American workforce from job-protected leave. Situating the FMLA within the broader landscape of federal employment legislation, the author examines the legislative history that led Congress to adopt a significantly broader small business exemption than those found in comparable statutes such as Title VII and the ADA. The article demonstrates that political compromise—shaped by concerns about employer costs and small business burdens—produced a threshold that …

The Impact Of The Syrian Influx On Egyptian Migrant Workers In Jordan, Ayman Zohry, Salma Abou Hussein, Darah Hashem

Faculty Journal Articles

Over the past forty years, the situation of the Egyptian labor market has not improved and remains to be the principal factor determining labor migration. In the past decade, creation of job opportunities has lagged behind labor force growth, which has led many to resort to migrating. According to the Egyptian Population Census (2017), Saudi Arabia and Jordan are the main countries of destination for Egyptian migrants. This report tackles the current situation of Egyptian labor migration in one of its major Arab destinations, Jordan. The Syrian crisis in 2011 has generated millions of refugees with Jordan being among the …

The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York, Eric J. Mogilnicki, Alexander Schultz

SMU Law Review Forum

A Second Amendment case now pending at the Supreme Court, New York State Rifle & Pistol Ass’n v. City of New York, tests the extent to which New York City may limit the movement of guns along city streets. The briefing in that case is, however, incomplete. Second Amendment jurisprudence calls for an examination of historical analogues to the firearms regulation at issue. Here, the New York State Rifle and Pistol Association asserted that there are none. This Article identifies numerous historical analogues to the City’s transportation restrictions, most of which were not identified in the briefing before the …

Symposium: Moving Toward Integration -- Fair Housing Past, Present, And Future: Perspectives On Moving Toward Integration, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

The Pieces Of Housing Integration, Kristen Barnes

Case Western Reserve Law Review

No abstract provided.

A Pedagogical Model For Teaching Data Analytics In An Introductory Information Systems Python Course, Heber C. Brau, James C. Brau, Mark Keith

Faculty Publications

In this paper we answer the call of Sheppard (2012) and Brunner & Kim (2016) and present a model for teaching data analytics in an introductory information systems class using the Python programming language. The pedagogy follows an active-learning strategy in which students are assumed to have no statistical or Python programming training prior to class. The learning outcomes include: 1) Data: write code to import and manipulate data; 2) Visualization: write code to generate useful and theoretically sound data visualizations; 3) Feature Engineering: write code to generate, condense, or recombine variables (i.e., "features") of any type (numeric, categorical, ordinal, …

Restructuring Work “The Chattanooga Way”: Urban Revitalization, Contingent Labor, And Trying To Get By In Tennessee, Mauri Systo

Theses and Dissertations--Anthropology

In Chattanooga, TN, the construction of a fiber optic telecommunications network has led to a tech-based revitalization strategy, and the promotion of entrepreneurial and technical positions within the Downtown. This dissertation questions what revitalization, the “Chattanooga Way,” means to differently situated residents of Chattanooga, TN, and how those differences in interpretation are related to lived experiences of economic inequality. Powerful local discourses, like the Chattanooga Way policy model and its accompanying “origin myth” of Chattanooga’s development often conceal disparities between grass-roots, public, and private sector notions of economic revitalization. Through the projection of a tech-based economic future, Chattanooga has created …

Carceral Extractivism, Livelihood Strategies, And “Acting Right” In The U.S. South, Edward L. Bullock

Theses and Dissertations--Anthropology

Mass incarceration and its effects are well documented and carceral privatization is hotly contested on moral and economic grounds. This dissertation examines the local effects of carceral privatization in the U.S. south in historical context. Tallulah is a small, rural predominately African American town in northeastern Louisiana that endures high rates of poverty, unemployment, and low educational attainment. It also hosts four private prisons operated by LaSalle Corrections, LLC. Two primary and overlapping questions guide the research. 1) How has an history of carceral entrepreneurship and mass incarceration impacted the way persons and communities create livelihoods and imagine futures, and …

Village-Temple Consciousness In Two Jaffna Tamil Villages In Post-War Sri Lanka, Pathmanesan Sanmugeswaran

Theses and Dissertations--Anthropology

This dissertation investigates how community rebuilding is occurring in a gravely damaged, post-conflict society. Specifically, it looks at how people in two villages in Tamil, Hindu, Jaffna, Sri Lanka, are using their ‘sense of place’ and ‘place-making practices’ or what I call here their ‘village-temple consciousness’ or village consciousness, to maintain and rebuild their communities after war to make them, once again, places in which they feel a comfortable sense of belonging. This is a comparative study because Inuvil and Naguleswaram were affected differently by the Sri Lankan civil war. That is, while Inuvil, was physically damaged and socially disrupted …

Beyond Extractivism And Governmentality: The Postneoliberal State, Development, And The Circulation Of Oil Rents Among Indigenous Peoples In The Ecuadorian Amazon, Karla Monserrath Encalada-Falconí

Theses and Dissertations--Anthropology

This dissertation explores the experiences of an indigenous community from the Northern Ecuadorian Amazon during the implementation of extractivism, development, and redistributive projects. Drawing on twenty months of ethnographic fieldwork in the community of Playas del Cuyabeno and in Quito, the capital of Ecuador, I question the common assumption that indigenous peoples radically reject extractivism and state-imposed modernizing agendas. In contrast, this study shows how indigenous peoples negotiate resource extraction in their territories and navigate the partial failures of postneoliberal redistribution and the contradictory agendas of economic development projects—specifically the aim of the postneoliberal Ecuadorian government’s project to redistribute rents …

Survival Of Off-Host Unfed Rhipicephalus (Boophilus) Annulatus (Acari: Ixodidae) Larvae In Study Arenas In Relation To Climatic Factors And Habitats In South Texas, Usa, Emily J. Zamora, Brenda Leal, Donald B. Thomas, Robert K. Dearth

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

The cattle fever tick, Rhipicephalus annulatus (Say), is an economically destructive arthropod because of its ability to vector bovine babesiosis. Cattle fever ticks can spend more than 90% of their life cycle as questing larvae, but the effect of climatic factors on their off-host behavior and survival is unclear. The goal of this study was to measure the effects of specific ecological factors on off-host larvae in nature. The study was conducted in a south Texas pasture over a 20-mo period, during which time larval populations were surveyed and ambient weather variables - relative humidity and temperatures - were recorded. …

Nitrifying And Denitrifying Microbial Communities In Centralized And Decentralized Biological Nitrogen Removing Wastewater Treatment Systems, Sara K. Wigginton, Elizabeth Q. Brannon, Patrick J. Kearns, Brittany V. Lancellotti, Alissa Cox, Serena Moseman-Valtierra, George W. Loomis, José A. Amador

Natural Resources Science Faculty Publications

Biological nitrogen removal (BNR) in centralized and decentralized wastewater treatment systems is assumed to be driven by the same microbial processes and to have communities with a similar composition and structure. There is, however, little information to support these assumptions, which may impact the effectiveness of decentralized systems. We used high-throughput sequencing to compare the structure and composition of the nitrifying and denitrifying bacterial communities of nine onsite wastewater treatment systems (OWTS) and one wastewater treatment plant (WTP) by targeting the genes coding for ammonia monooxygenase (amoA) and nitrous oxide reductase (nosZ). The amoA diversity was …

Is It Permissible To Teach Buddhist Mindfulness Meditation In A Critical Thinking Course?, Anand Jayprakash Vaidya

Faculty Research, Scholarly, and Creative Activity

This essay argues for the permissibility of teaching Buddhist mindfulness meditation in a critical thinking course. One might object that Buddhist mindfulness meditation is part of a religion, and religions are thought to be dogmatic and uncritical, and thus inappropriate for a critical thinking course. However, I argue that there is a pathway from the importance of self-regulation for good critical thinking to the permissibility of including mindfulness meditation in a critical thinking course. I offer three arguments for the permissibility of inclusion: the self-regulation argument, the expansion by way of cognitive science argument, and the persistence through emotional volatility …

Medical Civil Rights As A Site Of Activism: A Reply To Critics, Craig Konnoth

Publications

See Craig Konnoth, Medicalization and the New Civil Rights, 72 Stan. L. Rev. 1165 (2020).

See also Rabia Belt & Doron Dorfman, Response, Reweighing Medical Civil Rights, 72 Stan. L. Rev. Online 176 (2020), https://www.stanfordlawreview.org/online/reweighing-medical-civil-rights/; Allison K. Hoffman, Response, How Medicalization of Civil Rights Could Disappoint, 72 Stan. L. Rev. Online 165 (2020), https://www.stanfordlawreview.org/online/how-medicalization-of-civil-rights-could-disappoint/.

Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin

Publications

The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. …

Race-Of-Victim Disparities And The "Level Up" Problem, Aya Gruber

Publications

No abstract provided.

Soliciting Resources From Others: An Integrative Review, Jia Hui Lim, Kenneth Tai, Peter A. Bamberger, Elizabeth W. Morrison

Research Collection Lee Kong Chian School Of Business

Resource seeking, or the act of asking others for things that can help one attain one’s goals, is an important behavior within organizations due to the increasingly dynamic nature of work that demands collaboration and coordination among employees. Over the past two decades, there has been growing research in the organizational sciences on four types of resource seeking behaviors: feedback-, information-, advice-, and help-seeking. However, research on these four behaviors has existed in separate silos. We argue that there is value in recognizing that these behaviors reflect a common higher order construct (resource seeking), and in integrating the findings across …

Privacy At Work: A Review And A Research Agenda For A Contested Terrain, Devasheesh P. Bhave, Laurel H. Teo, Reeshad S. Dalal

Research Collection Lee Kong Chian School Of Business

Privacy in the workplace is a pivotal concern for employees and employers. Employees expect to be in control of the personal information and access they provide to the organization. Employers, however, expect extensive information regarding their employees as well as extensive access to employees’ presence. The chasm between these two often competing expectations has been magnified by regulatory and technological trends. We begin the review by integrating viewpoints from multiple disciplines to disentangle definitions of privacy and to delineate the privacy contexts of information privacy and work environment privacy. We then identify the key stakeholders of privacy in the workplace …