Digital Commons Network^™

Designing Policy Solutions To Build A Healthier Rural America, Elizabeth Weeks, Sameer Vohra, Carolyn Pointer, Amanda Fogleman, Thomas Albers, Anish Patel

Scholarly Works

Disparities exist in the livelihood and opportunities for people living in America’s rural communities. These differences result in a much sicker rural America compared to its urban counterpart. Rural counties have higher rates of smoking, obesity, child poverty, and teen pregnancies than urban counties.1 More uninsured adults live in rural areas, causing rural hospitals to close and/or cut vital services such as obstetrics care.2 Rural hospitals also provide fewer mental health services.3 The result is Americans living in rural areas are more likely to die from the five leading causes of death than those living in urban areas: heart disease, …

The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey Simon

Scholarly Works

Litigation systems create dangers of unfairness. Citizens worry, and should worry, about exploitive settlements in aggregate litigation, potential biases in administrative proceedings, and troubling power imbalances in criminal trials. Public confidence in adjudicative processes has eroded to an all-time low. This Article explores the untapped potential of adding independent watchdog entities to address systemic threats to the integrity of government decisionmaking. These entities, which I call “guardian trustees,” do not fit within the traditional framework of our adversary system. Though guardian trustees already operate in bankruptcy proceedings, they have thus far received little attention in scholarly literature. This Article begins …

Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph S. Miller

Scholarly Works

The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019, at which I presented this research—but in the past 20 decades. In gathering the entire body of the Court’s i.p. caselaw, for a study with citation-network-analysis tools, I found that patent cases greatly outnumber trademark and copyright cases. Moreover, patent cases, especially patent & antitrust cases, dominate the metrics for the most central cases in the citation network. One …

Marshall Shapo's "Constitutional Tort" Fifty-Five Years Later, Michael Wells

Scholarly Works

In 1965, Northwestern University Law Review published Professor Marshall Shapo’s article, Constitutional Tort: Monroe v. Pape and the Frontiers Beyond.1 Professor Shapo’s paper analyzed the origins of constitutional tort law, which consists of suits for damages for constitutional violations committed by government officials or the governments themselves. The article began with an account of the post-Civil War background of 42 U.S.C. § 1983, a statute enacted in 1871 to enforce the Fourteenth Amendment. After the Civil War, recalcitrant southerners, acting through groups like the Ku Klux Klan, intimidated the freedmen and their white supporters, organized lynch mobs, burned houses, and, …

Glimpses Of Women At The Tokyo Tribunal, Diane Marie Amann

Scholarly Works

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the …

Dual Class Stock In Comparative Context, Christopher Bruner

Scholarly Works

Review of the article by Marc T. Moore, Designing Dual Class Sunsets: The Case for a Transfer-Centered Approach, University College London Faculty of Laws Working Paper No. 9/2019, available at SSRN.

“Sorry I Didn’T Hear You.” The Ethics Of Voice Computing And Ai In High Risk Mental Health Populations, Fazal Khan, Christopher Villongco

Scholarly Works

This article examines the ethical and policy implications of using voice computing and artificial intelligence to screen for mental health conditions in low income and minority populations. Mental health is unequally distributed among these groups, which is further exacerbated by increased barriers to psychiatric care. Advancements in voice computing and artificial intelligence promise increased screening and more sensitive diagnostic assessments. Machine learning algorithms have the capacity to identify vocal features that can screen those with depression. However, in order to screen for mental health pathology, computer algorithms must first be able to account for the fundamental differences in vocal characteristics …

Neuroscience And Mental Competency: Current Uses And Future Potential, John B. Meixner Jr.

Scholarly Works

One major conundrum in the field of law and neuroscience is that the mental states that are most relevant to legal determinations are often mental states that occurred in the past, and can longer be assessed. Could the defendant, at the time he committed the crime, have had the cognitive capacity to satisfy the required mens rea for the crime charged? Was an individual's tortious conduct intentional or inadvertent? Even if the field of neuroscience eventually gains the ability to provide data relevant to understanding of immediate mental states, those data will be unavailable to legal actors by the time …

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

Scholarly Works

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …

Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White

Scholarly Works

Clark County School District v. Breeden, to my mind, has always been a sleeper case. A per curiam opinion, it takes up no more than five pages in the US reports, yet when I taught this case to my employment discrimination students, we often would spend a full class period – and sometimes more – on it. Why? Because it presents virtually every issue that can crop up under section 704 of Title VII of the Civil Rights Act of 1964, the statute’s antiretaliation provision.

Distortion Of Income In A Single-Factor Sales Formula World, Walter Hellerstein

Scholarly Works

In this article, Hellerstein describes the framework governing constitutional challenges to state income tax apportionment formulas in light of the widespread adoption of single-factor sales formulas and speculates as to whether a recent Michigan court decision invalidating the application of such a formula on constitutional grounds might be a harbinger of things to come.

Driven To Bankruptcy, Pamela Foohey, Robert M. Lawless, Deborah Thorne

Scholarly Works

Over the last ten years, 15.1 million people filed for bankruptcy owning 16.4 million cars. These cars provided access to work, education, medical care, childcare, food, and other life necessities. They also were major household investments, the most expensive asset most bankruptcy filers owned other than a house. Using original data from the Consumer Bankruptcy Project, we document what happens to car owners and their car loans when they enter bankruptcy. In brief, we find that people who file bankruptcy own automobiles at the same rate as the general population, and that they overwhelmingly indicate that they want to use …

Consumer Bankruptcy Should Be Increasingly Irrelevant--Why Isn't It?, Pamela Foohey

Scholarly Works

This symposium piece is a response to Professor Nathalie Martin's Bringing Relevance Back to Consumer Bankruptcy. This response overviews the place consumer bankruptcy presently occupies in the United States. In doing so, it details why consumer bankruptcy remains relevant in the face of a socio-economic structure and of laws that suggest that bankruptcy may not be a particularly useful place for struggling Americans to turn to for help. The response ends by calling for a bolder vision for consumer bankruptcy in light of the shifting place of the bankruptcy system in America’s increasingly thread-bare social safety net.

Cares Act Gimmicks How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Scholarly Works

The coronavirus pandemic upturned Americans’ lives. Within the first few weeks, millions of Americans reported being laid off from their jobs. Other people were working reduced hours or were working remotely from home. Children’s daycares and schools closed, and parents were thrown into new roles as educators and full-time babysitters, while, in some instances, also continuing to work full-time jobs. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses.

For individuals, the CARES Act includes five provisions that …

The Debt Collection Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Scholarly Works

As of May 2020, the United States' reaction to the unique and alarming threat of COVID-19 has partially succeeded in slowing the virus’s spread. Saving people’s lives, however, came at a severe economic cost. Americans’ economic anxiety understandably spiked. In addition to worrying about meeting basic expenses, people’s anxieties about money necessarily included what might happen if they could not cover already outstanding debts. The nearly 70 million Americans with debts already in collection faced heightened anxiety about their inability to pay.

The coronavirus pandemic is set to metastasize into a debt collection pandemic. The federal government can and should …

A Rules-Based Approach To Jam’S Restrictive Immunity: Implications For International Organizations, Desiree Leclercq

Scholarly Works

U.S. jurisprudence has granted international organizations immunity from suit, even when they carry out operations that violate U.S. rules. In the recent Jam v. Int’l Fin. Corp., the Supreme Court reversed this jurisprudence and restricted the immunity of international organizations. Jam is a landmark decision, but the Court’s failure to address critical questions concerning the scope and meaning of its restricted immunity has led to legal uncertainty and criticism. Under both predominant theories in the international organization discourse – functionalism and constitutionalism – scholars predict that Jam will have a deleterious impact on international organizations. Given the theories’ emphasis on …

A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger

Scholarly Works

Are the red bars found on Florida's state flag a remnant of early twentieth-century nostalgia for the Confederacy? Who first proposed this design and why? What did this change mean to the citizens who witnessed it? This Article is an attempt to answer these questions by approaching them through the lenses of original intent and original meaning. In doing so, the Authors advance new strategies for decision-makers interested in uncovering the motives of those who first erected or affixed allegedly Confederate monuments and symbols.

The Shadow Judiciary, Charlotte S. Alexander, Nathan Dahlberg, Anne M. Tucker

Scholarly Works

Magistrate judges function as a shadow judiciary, assisting U.S. district court judges-and sometimes standing in their shoes-in managing caseloads, resolving disputes, making law, and choosing winners and losers. Yet we lack basic knowledge about magistrates themselves, the rules that govern their activity, and the ways in which they execute their duties. To fill those gaps, this Article offers a detailed typology of the district-level local rules and standing orders that govern magistrate operations in civil cases. It also describes a case study of ten years of magistrate practice in a single federal district court, the U.S. District Court for the …

Buyer Beware: Variation And Opacity In Esg And Esg Index Funds, Dana Brakman Reiser, Anne M. Tucker

Scholarly Works

Evidence of the tremendous rise in the significance of environmental, social, and governance (ESG) investing is coming from all quarters. Fund flows into ESG investment vehicles are growing at a sustained and sometimes exponential pace. Fund complexes are rushing to design products, creating and rebranding scores of mutual funds and exchange traded funds (ETFs), including lower-cost indexed options. Industry leaders, critics, and commentators are all heralding the sea change as a shift in investing-and corporate governance-to more broadly consider environmental and social factors. This Article provides vital context for this conversation. Its descriptive account of the ESG investment landscape drawn …

Teressia Deloach

African American Funeral Programs

No abstract provided.

An Automated Multi-Chamber System For Quantifying Biological Oxygen Demand, Paul Kusuma, Bruce Bugbee

Techniques and Instruments

Quantifying respiratory fluxes is important for understanding global carbon cycles, microbial population growth, postharvest quality and compost stability. Here we review methods for measuring respiratory fluxes and describe a simple, closed system that measures the depletion of oxygen to determine these fluxes. The system uses a galvanic cell oxygen electrode coupled with a data acquisition system capable of microvolt resolution. Measurements are automated and graphed in real-time. We discuss best practices for using the system.

Witchcraft Accusations: A Challenge For Families, Communities, And Churches In Africa, Boubakar Sanou

Faculty Publications

No abstract provided.

Reproduction And Opportunity: A Study Of Dual Career, Aspirations And Elite Sports In Danish Sportsclasses, Lotte Stausgaard Skrubbeltrang, David Karen, Jens Christian Nielsen, Jesper Stilling Olesen

Sociology Faculty Research and Scholarship

This paper analyzes the patterns of retention in SportsClasses of promising young athletes in Denmark. Since 2005, SportsClasses have provided extra training for potential elite athletes in Grades 7-9 in designated Danish public schools. They were introduced after the Danish Ministry of Culture lowered the age of recruitment for athletes from 15 to 12 in response to increased competition in the world of elite sports. The SportsClasses attempt to balance collaboration between two different organizations: Danish public schools and sports clubs. Using a survey of the student population in 2013 and a follow-up sample in 2015, we explore the respondents’ …

An Exploration Of Pharmacy Education Researchers' Perceptions And Experiences Conducting Qualitative Research, Antonio A. Bush, Mauriell Amechi, Adam Persky

Educational Leadership & Workforce Development Faculty Publications

Objective. To investigate pharmacy education researchers' experiences in conducting qualitative research and their perceptions of qualitative research in pharmacy education

Methods. A phenomenological approach was used to conduct one-time, in-depth interviews with 19 participants from 12 schools and colleges of pharmacy. Interview transcripts were coded and themes were identified using a modified form of the Sort and Sift, Think and Shift method of data analysis.

Results. Faculty members were the largest subgroup in the sample, followed by graduate students, postdoctoral fellows/scholars, and residents. Pharmacy education researchers had varying levels of training in conducting qualitative research and some had none at …

Reconceptualizing College Impact Studies Through A Fractal Assemblage Theory, Laura Elizabeth Smithers

Educational Leadership & Workforce Development Faculty Publications

College impact studies have formed the common sense of understanding institutional relationships to student growth and change for decades. In this time, they have become entangled with the production of the neoliberal university. This paper¹ presents an alternative theorization of student change on campus, a fractal assemblage theory. Assemblage theory is discussed through a single common language of major assemblage theory concepts across four authors. After exploring these concepts in depth, this paper returns to the stakes of assemblage theory: higher education research not to channel student to predetermined outcomes, but to create student futures in excess of our …

Are (We) Going Deep Enough?: A Narrative Literature Review Addressing Critical Race Theory, Radical Space Theory, And Black Identity Development, Kala Burrell-Craft

Educational Leadership & Workforce Development Faculty Publications

A narrative literature review was conducted to examine how researchers address the concept of intersectionality using critical race theory, racial space theory, and Black identity development. A Boolean search revealed 18 articles met criteria for consideration. Multiple reviews occurred to isolate the articles that contained all the search criteria and multiple reviews occurred that selected the Boolean phrase or phrases that the researcher was searching for. Thirteen of the 18 articles met one or more search criteria and were included in the review, however, no articles matched 100 percent for inclusion. Thus, indicating we are not going deep enough in …

"We Dare Say Love": Supporting Achievement In The Educational Life Of Black Boys (Book Review), Kala Burrell-Craft

Educational Leadership & Workforce Development Faculty Publications

No abstract provided.

Family Structure Stability And Transitions, Parental Involvement, And Educational Outcomes, Shana L. Pribesh, Jane Smith Carson, Mikaela J. Dufur, Yuanyuan Yue, Kathy Morgan

Educational Leadership & Workforce Development Faculty Publications

The family environments children live in have profound effects on the skills, resources, and attitudes those children bring to school. Researchers studying family structure have found that children who live with two married, opposite-sex, biological parents, on average, have better educational outcomes than children living in alternate family structures, perhaps due to higher resources, lower stressors, or different selectivity patterns. Socioeconomic stratification plays a major role in family structure, with low-income families seeing more instability. We argue that the impact of family structure is attenuated by transitions in and out of family structures that may decrease a specific resource important …

Vascular Plants Of The Klamath-Siskiyou Region Of California And Oregon: A Numerical Conspectus, James P. Smith Jr

Botanical Studies

No abstract provided.

Localizing Shakespeare As Folk Performance: Romeo And Juliet, Sintang Dalisay, And The Igal Of The Sama Bajau In Southern Philippines, Ricardo G. Abad, M. C. M. Santamaria

Perspectives in the Arts and Humanities Asia

No abstract provided.