Digital Commons Network^™

Diversity In Mdl Leadership: A Field Guide, Elizabeth Chamblee Burch

Scholarly Works

Multidistrict litigation (MDL) includes some of the most high-profile torts of our day—opioids, talc, RoundUp, to name a few—but the attorneys who spearhead these proceedings often look a lot like they did fifty years ago: predominately white and predominately male.

A debate has emerged over whether attorneys best positioned to fill MDL leadership roles are the grizzled repeat players who appear time and again—and who are largely white, older, and male—or newcomers with fresh ideas and energy who may not always look like their predecessors. And if diversity is important, what kind of diversity matters?

In this short essay, I …

Information For The Common Good In Mass Torts, Elizabeth Chamblee Burch, Alexandra D. Lahav

Scholarly Works

In recent years, judges have privileged confidentiality over transparency in discovery, especially in large scale multidistrict litigation such as the Opiate litigation. By uncovering the assumptions underlying our current regime, this Article sheds light on the process that got us here as a first step towards re-envisioning the rules governing information in litigation. We investigate an untold history of discovery’s publicity to show that many of our assumptions about what is public and what is private is historically contingent, even accidental. So too are our assumptions about the best way to arrive at truth.

Accordingly, we suggest that courts ought …

Systemic, Racial Justice-Informed Solutions To Shift "Care" From The Criminal Legal System To The Mental Health Care System, Sarah Vinson, Andrea L. Dennis

Scholarly Works

The current configuration and function of U.S. societal structures drives the overrepresentation of people with serious mental illness in the criminal legal system. Although the causes are multifactorial, the mental health system poorly serves those at highest risk of criminal legal system involvement. The growth of the mental health evidence base regarding the social determinants of mental health has ushered in greater understanding of their central role in the promotion and maintenance of mental illness and health. These academic strides, however, have failed to translate into widespread care and payment policy changes. Additionally, as is the case in the criminal …

Introduction: The Future Of Global Health Governance, Elizabeth Weeks, Anish Patel

Scholarly Works

CONFERENCE: The Future of Global Health Governance

Hosted by the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law on January 25, 2021 in Athens, Georgia

When we began developing this topic last winter and early spring, the global pandemic in which we still find ourselves deeply entrenched, a year later, was just emerging. For many in the United States, including our former President, the threat seemed distant, even hypothetical.' Few imagined the devastating loss of life, health, economic security, home, family, companionship, and "normal" ways of life that we would come to experience over …

How Journalists Think About The First Amendment Vis-À-Vis Their Coverage Of Hate Groups, Gregory Perreault, Jonathan Peters, Brett Johnson, Leslie Klein

Scholarly Works

This study, based on in-depth interviews with U.S.-based journalists (n = 18), explores the increasingly fraught circumstances of reporting on hate groups. We examine how journalists think about the First Amendment vis-à-vis their coverage of such groups. Through the lens of media ecology and First Amendment principles and theories, we argue ultimately that journalists who cover hate groups use the First Amendment to identify their place in the journalistic environment.

Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton

Scholarly Works

The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …

International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer

Scholarly Works

Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …

Tax Policy And Covid-19: An Argument For Targeted Crisis Relief, Assaf Harpaz

Scholarly Works

The COVID-19 pandemic caused a sharp global economic decline. By the end of 2021, the U.S. government responded to the downturn with record fiscal legislation totaling over $5 trillion, which includes considerable tax relief. Most notably, the U.S. government distributed over $800 billion in three rounds of advanced refundable tax credits (known as recovery rebates, or stimulus checks) to most households. Tax relief has been unprecedented in scale but has often been the product of political circumstances rather than principled policy design. Tax relief thus remains largely undertheorized and politically motivated.

This Article examines the U.S. tax policy response to …

Detwiler V. Dist. Ct. (Baker Boyer Nat'l Bank), 137 Nev. Adv. Op. 18 (May 5, 2021), Samantha Goett

Nevada Supreme Court Summaries

No abstract provided.

Ask The Smart Money: Shareholder Votes By A "Majority Of The Quality Shareholders", Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Corporate directors, shareholders, judges and scholars are on edge. Directors yearn for a certain kind of shareholder, especially one that is patient and focused on the company, as opposed to indexers, who must hold it as part of their basket, or traders, who own fleetingly. Shareholders want a voice, and that patient-focused cohort has the softest one today, crowded out by indexers, like BlackRock, and legions of day traders, like those stalking GameStop. Courts, struggling under the conflicting weight of the business judgment rule and fairness scrutiny, look to shareholder voice as a solution. Yet scholars are troubled by the …

Denial Of Family Violence In Court: An Empirical Analysis And Path Forward For Family Law, Joan S. Meier

GW Law Faculty Publications & Other Works

Scores of women and children have suffered grave harm from courts’ punitive responses to mothers’ requests to protect their children from paternal abuse in the context of custody litigation. Rather than responding protectively, family courts frequently turn on the protective parent, ordering the children removed from the protective parent and sending them to live with or spend unprotected time with their allegedly abusive parent. In the worst of these cases, the abusive parent has used this court-ordered access to murder the child(ren), in the ultimate act of revenge against his adult victim. While courts’ resistance to mothers’ and children’s abuse …

Fall 2021 Supplement To Brauneis & Schechter, Copyright: A Contemporary Approach, Robert Brauneis, Roger E. Schechter

GW Law Faculty Publications & Other Works

This Fall 2021 Supplement is the product of our effort to capture important developments in copyright law since the publication of the second edition of Copyright: A Contemporary Approach. It includes two new principal cases, both Supreme Court decisions: the 2021 fair use decision in Google LLC v. Oracle America, Inc., and the 2020 decision about copyright protection for state statutes in Georgia v. Public.Resources.Org. The supplement also includes notes on many other cases, and a few new features that we thought would enhance study of U.S. copyright law. In light of the passage of the Music Modernization Act in …

The Illusion Of Victory: Access To Abortion After June Medical Services, Brittany L. Raposa

Roger Williams University Law Review

No abstract provided.

Towards The Point Of Care And Noninvasive Classification Of Bladder Cancer From Urine Sediment Infrared Spectroscopy. Spectral Differentiation Of Normal, Abnormal And Cancer Patients, Monika Kujdowicz, David Perezguaita, Piotr Chłosta, Krzysztof Okon, Kamilla Malek

Articles

Bladder cancer (BC) is the 9th cancer cause of death and one of most cost-intensive in the world. The diagnostic tools are still not at all satisfactory. Herein we evaluated the potential of infrared spectroscopy to detect molecular changes that precede and accompany the carcinogenesis in voided urine sediment. We collected 165 samples from patients being diagnosed for BC and measured them with attenuated total reflectance Fourier transformed infrared spectroscopy (ATR FTIR). Samples were primarily divided into three groups according to cytology that indicated the presence of normal, abnormal and cancer cells. ATR FTIR spectra of sediments were analyzed with …

From Bench To Worktop: Rapid Evaluation Of Nutritional Parameters In Liquid Foodstuffs By Ir Spectroscopy, David Perezguaita

Articles

We evaluated the use of attenuated total reflectance infrared spectroscopy for simultaneous in situ quantification of the nutritional composition of liquid food stuffs in the industrial kitchen context. Different methodologies were compared, including dry and wet acquisition along with instrument parameters and measurement times of 4 and 60 s. The most effective technique was 1-minute measurement, with prediction errors of 2.6, 0.7, 1.0, 2.2, 0.8, 2.4 g/100 mL and 150 Kcal, for carbohydrates, proteins, fat, sugars, saturated fat, water and energy values, respectively.The 4-second method resulted in larger errors but was more applicable for inline measurements. Dry measurements successfully predicted …

Himpathy? The Impact Of Defendant Social Status On Perceptions Of A Rape Legal Case, Andrea Pals

Theses and Dissertations--Psychology

There is limited work regarding multiple indicators of social status in the legal system (e.g., power and SES). The present study investigated the influence of defendant social status on case judgments in a first-degree rape case. The experiment used a 2 (defendant power: high vs. low) x 2 (defendant SES: high vs. low) x 2 (participant gender) between-subjects design. A sample of 282 community members were recruited via Amazon’s Mechanical Turk. Participants were presented with a case summary, asked to make guilt and credibility judgments, complete the system justification gender scale (gender SJ: Jost & Kay, 2005), and answer standard …

Physiological Stress Responding During Negative Memory Recollection And The Habitual Use Of Psychological Coping Strategies, Kyle P. Rawn

Theses and Dissertations--Psychology

Coping represents an important process for stress: how effectively one copes dictates how a person experiences stress. However, research has not yet examined how a person’s long-term coping habits are related to their physiological stress responding during a particular situation. The current study addresses this through examination of skin conductance level (SCL) trajectories and coping tendencies (i.e. habitual use of coping strategies) during an autobiographical interview. 167 college students completed questionnaires assessing their demographics and their frequency of use for fourteen coping strategies. SCL was collected while participants recalled and discussed a negative family memory from their childhood. Multilevel modeling …

The Role Of Alexithymia And Affective Lability In Disordered Eating Behaviors, Anna Marie Lilia Ortiz

Theses and Dissertations--Psychology

Affective distress may influence eating disorder behaviors in multiple ways. Affective lability refers to the tendency to experience frequent and striking fluctuations in mood. There is considerable evidence that it predicts eating disorder symptoms. Further, alexithymia is characterized by difficulties identifying and describing feelings and an externally oriented thinking style. Alexithymia has also been implicated in the development and maintenance of eating disorders. To date, these risk factors have been studied separately. Given the evidence that both alexithymia and affective lability are affective components associated with eating disordered behaviors, it may be important to examine possible relationships among alexithymia, affective …

How I Can Be Me: Associations Between Presentation Discrepancy And Mental Health Outcomes Among Lgbtq Adults, Samuel Bruun

Theses and Dissertations--Psychology

One’s perception of their own personal appearance, and how one is viewed by others has been previously shown to have an impact on one’s mental health. Whether it be dealing with unrealistic body expectations depicted in the media, or attempting to appear sufficiently masculine, there are a multitude of ways in which one’s appearance can cause distress. Some appearance challenges are more identity specific, such as the struggles that some transgender people experience when attempting to achieve affirming gender presentation. Although these different concerns have been addressed individually in past research, there has not been an attempt to determine how …

Parent School Involvement, Student School Engagement, And Academic Achievement In Children Adopted From Foster Care By Lesbian And Gay Parents, Cassandra P. Vazquez

Theses and Dissertations--Psychology

Sparse research has examined academic outcomes of children adopted from foster care by lesbian and gay (LG) parents. Children who have experienced foster care are at greater risk for negative outcomes, but investment in academic achievement could help buffer potential adversity. Parent and student engagement with school peaks in middle childhood, so this may be an important period for understanding processes that influence academic achievement. This study explores how LG parents (N = 57) of school-aged children (Mage = 10.56 years) adopted from foster care in the U.S. involve themselves in their child’s school, how this involvement may …

Impact Of Ptsd On Hcv/Hiv Risk-Reduction Interventions Among Incarcerated Drug-Using Women In Rural Appalachia, Caitlyn Hood

Theses and Dissertations--Psychology

Justice-involved women in rural Appalachian Kentucky are a particularly vulnerable group in need of targeted risk-reduction interventions for hepatitis C virus (HCV) and human immunodeficiency virus (HIV). Compared to women in the general U.S. population, justice-involved women in rural Appalachia report dramatically higher rates of HCV/HIV risk behaviors (e.g., injection drug use and risky sex), interpersonal violence (IV; e.g., physical, sexual, or emotional abuse), and posttraumatic stress disorder (PTSD). IV and PTSD may exacerbate rural Appalachian women’s risk for contracting and transmitting HIV/HCV, indicating a need to approach HCV/HIV risk-reduction interventions from a trauma-informed perspective.

Brief motivational interviewing and psychoeducation …

Altering The Distance: Using Construal Level Theory To Examine Conciliatory Policy Support, Brandon Reinkensmeyer

Theses and Dissertations--Psychology

Distancing—a cognitive reappraisal strategy—increases conciliatory policy support (i.e., policies redressing inequity) by reducing anger. Related but distinct research has used construal level theory (CLT), which explains the relationship between psychological distance and mental representations (e.g., events and attitudes), to explore intergroup relations. CLT demonstrates increased psychological distance induces abstract thinking, which leads to high-level construal (HLC) mindsets. HLC mindsets, like distancing, decrease political polarization and prejudice toward out-groups. As both distancing (an appraisal technique) and HLC mindsets (a potential outcome of appraisal techniques) may decrease political polarization and prejudice toward outgroups, across two experiments, the present work investigated whether …

Unlocking Progressive Corporate Governance: The Black And Brown Hdfc Key, Gregory Louis

American University Business Law Review

No abstract provided.

Improving The Civil-Military Relationship: Diversity And The U.S. Army, Cody Schuette

Journal of Strategic Security

Although the U.S. Army has significantly increased racial diversity in the aggregate, non-white Americans remain underrepresented as commissioned officers, especially in the General Officer ranks. This is a significant defense policy problem because research shows a strong correlation among the diversity of senior leaders and effectively processing complex information to generate innovative, creative, and efficient solutions. These positive traits of diversity will help General Officers prepare for and manage the long-term and strategic threats posed by peer or near-peer competitors and violent non-state actors. Increased diversity also improves the civil-military relationship by ensuring Army Generals mirror the nation they serve …

Who Determines Majorness?, Chad Squitieri

Scholarly Articles

The major questions doctrine is said to assist courts in identifying whether Congress has delegated authority to administrative agencies. A closer look at the doctrine, however, reveals that it has been used by courts to tell Congress how it can delegate authority. What is more, some textualists have proposed strengthening the major questions doctrine into a revived nondelegation doctrine, which speaks to whether Congress can delegate authority. This Article argues that the major questions doctrine, particularly in its strengthened form, runs afoul of key commitments of textualism.

Avian Biodiversity Of The Indian River Lagoon System, Florida, Richard L. Turner

Ocean Engineering and Marine Sciences Faculty Publications

Despite claims about high avian biodiversity in the Indian River Lagoon system, previous efforts to inventory the birds have been limited in geographic extent or in habitat. Compilation of a list of birds could rely on many resources, but ones of widespread availability, greatest historical record, and highest density of sites are two citizen-science projects: the Christmas Bird Count (CBC) and eBird. Lists of species were harvested from 17 CBC sites (‘‘circles’’) back to 1910 and from 432 eBird sites (‘‘hotspots’’) since 2002 within the boundaries of the Indian River Lagoon National Estuary Program (IRLNEP). In addition to lagoon waters, …

Biodiversity Of The Indian River Lagoon System: A Cautionary Tale From The Birds, Richard L. Turner

Ocean Engineering and Marine Sciences Faculty Publications

Prevailing dogma on comparative biodiversity of the Indian River Lagoon (IRL) stems mainly from one claim about ichthyofauna and two about avifauna. The extensive network of birdwatchers, clarity of bird taxonomy, long history of the Christmas Bird Count (CBC), and burgeoning database on ebird.org make birds excellent for geographic comparison. The 1985 claim that Merritt Island CBCs are often the ‘‘most speciose count’’ in the U.S. is unfounded. CBCs there in 1970–1985 never had the highest count, even compared to the nearby Cocoa site. For the 114th CBC (2013), it ranked 11th in Florida and 44th nationally. The 1989 claim …

Unqualified Student Loans Are Likely Dischargeable In Bankruptcy, Cristian Catanese

Bankruptcy Research Library

(Excepr)

As a general matter, most student loans are excepted from discharge under section 523 of title 11 of the United States Code (the “Bankruptcy Code”). The Bankruptcy Code prohibits discharge of certain student loans unless doing so “would impose undue hardship on the debtor and [their] dependents . . . .” Student debtors seeking to discharge student loan debt must file an adversary proceeding and demonstrate “undue hardship” — a difficult burden to meet. However, not all student loans may be subject to this requirement.

Jurisdictions are divided on whether unqualified student loans, i.e., loans outside the cost of …

A Bankruptcy Court May Temporarily Suspend Rent Obligation, Matthew Kipnis

Bankruptcy Research Library

(Excerpt)

Section 365(d)(3) of title 11 of the United States Code (the “Bankruptcy Code”) authorizes a court to “extend, for cause, the time for performance of any [rent] obligation[‘s] [on unexpired leases of nonresidential real property] that arise[] within 60 days after the date of the order for relief[.]” Historically, courts have recognized that under § 365(d)(3), there is a statutory obligation on debtors to pay rent on unexpired leases. Courts have also recognized that if a debtor’s rent obligation is deferred, lessors are entitled to adequate protection. However, courts are divided on the exact timing of when a debtor’s …

City’S Retention Of Impounded Vehicle Not Violation Of Automatic Stay, Alexis Zobeideh

Bankruptcy Research Library

(Excerpt)

Upon the filing of a petition under title 11 of the United States Code (the “Bankruptcy Code”), creditors and other parties in interest are generally automatically stayed from taking any action against a debtor or property of the estate. The estate includes “all legal or equitable interests of the debtor in property as the commencement of the case,” with some exceptions. The automatic stay is “one of the most important protections and powerful tools available to a debtor in a bankruptcy.”

It is well established that a creditor cannot take affirmative steps against a debtor or estate property. Prior …