Digital Commons Network^™

Climate Disruption In Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act, Jocelyn Stacey

All Faculty Publications

This analysis considers the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, in which a majority of the Court upheld as constitutional national carbon pricing legislation. The decision presents an excellent illustration of the legally disruptive nature of climate change. Illustrating that nothing is static in a climate disrupted world—including constitutional law—this article identifies three shifts the Court makes in relation to climate disruption. First, the decision represents a shift away from climate denialism toward a judicial willingness to confront the environmental, social and legal implications of climate change for Canada. Second, …

The Growth Of Vancouver As An Innovation Hub: Challenges And Opportunities, Camden Hutchison, Li-Wen Lin

All Faculty Publications

This article assesses the development of Vancouver as an entrepreneurial region. Using data collected from commercial startup databases, we find that Vancouver produces more startups and receives more venture capital financing per capita than any other major Canadian city. However, we also find that Vancouver lags many U.S. cities on these same metrics. In light of our empirical findings, we explore whether differences in entrepreneurial activity between Canada and the United States are due to differences in the countries’ legal environments. We conclude that legal differences do not explain observed economic disparities, and that differences in entrepreneurial activity are due …

When Therapy Goes Public: Copyright Gatekeepers And Sharing Therapeutic Artifacts On Social Media, Amanda Reid, Pablo Miño

Faculty Publications

No abstract provided.

An Auditing Imperative For Automated Hiring, Ifeoma Ajunwa

Faculty Publications

The goal of this Article is neither to argue against or for the use of automated decision-making in employment, nor is it to examine whether automated hiring systems are better than humans at making hiring decisions. For antidiscrimination law, the efficacy of any particular hiring system is a secondary concern to ensuring that any such system does not unlawfully discriminate against protected categories. Therefore, the aim is to suggest collaborative regulatory regimes for automated hiring systems that will ensure that any benefits of automated hiring are not negated by (un)intended outcomes, such as unlawful discrimination on the basis of protected …

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron

Faculty Publications

Who is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with enforcing forum selection clauses …

Cruise Contracts, Public Policy, And Foreign Forum Selection Clauses, John F. Coyle

Faculty Publications

A cruise ship contract is the prototypical contract of adhesion. The passenger is presented with the contract on a take-it-or-leave-it basis. If she refuses to sign, the ship sails without her. To ensure that cruise companies do not draft one-sided contracts that are unfair to passengers, Congress has enacted a number of statutes that regulate these agreements. One such statute is 46 U.S.C. § 30509. This law stipulates that any contract provision that limits the liability of the cruise company for personal injury or death is void as against public policy if the ship stops at a U.S. port.

In …

The Sovereign Shield, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal government’s sovereign shield by exploiting three doctrines: preemption, derivative sovereign immunity, and intergovernmental immunity. Because these contractors provide services supporting every conceivable government action, allowing them to act with impunity puts citizens at risk across myriad aspects of their lives.

This Article untangles the doctrines that extend the sovereign shield to private actors …

Access Riders (Web), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nora Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Access Riders (Print), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nore Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Biblical Concepts In Action: A Case For Discipleship In The Worship Ministry, Wendall D. Reed

Doctoral Dissertations and Projects

The purpose of this qualitative historical study is to examine the discipleship of the worship ministry in the local church according to biblical principles of discipleship. Despite the biblical examples of discipleship benefits, worship ministry personnel are often not included in discipleship efforts from church leadership. The leadership and the congregation alike may assume their spiritual maturity. The preaching ministry and the worship ministry are the most public act of worship viewable by congregants. Some worship ministry volunteers and staff may feel they are expected to have already been discipled and may be reluctant to pursue discipleship engagement. This study …

Unlawfully-Issued Sovereign Debt, W. Mark C. Weidemaier, Mitu Gulati

Faculty Publications

In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolás Maduro proposed a multi-billion dollar debt swap to holders of bonds issued by the government’s crown jewel, state-owned oil company Petroleós de Venezuela S.A. (PDVSA). A new government now challenges that bond issuance, arguing that it was unlawful under Venezuelan law. Bondholders counter that this does not matter, that PDVSA freed itself of any borrowing limits by agreeing to a choice-oflaw clause designating New York law.

The dispute over the PDVSA 2020 bonds implicates a common problem. Sovereign nations borrow under …

There Was Nothing “Neutral” About Executive Order 9066, Eric L. Muller

Faculty Publications

No abstract provided.

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …

Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski

Faculty Publications

This Article argues that California’s occupational designation option should be abolished, having outlived whatever usefulness it may have had in 1931. Today, it is a source of headaches for elections officials across the state. It often leads to litigation over whether a candidate’s chosen designation is inaccurate or might mislead voters. It is inconsistently enforced. It is frequently used by candidates not to provide voters with helpful information but to gain an electoral advantage over their opponents. The time has come for California to join the forty-nine states that do not automatically allow candidates to include their occupations on the …

Electoral Change And Progressive Prosecutors, Ronald F. Wright, Jeffrey L. Yates, Carissa Byrne Hessick

Faculty Publications

While it is clear that a debate is happening about new approaches to the prosecutor's work, it is less clear how deep the changes go. Given the large number of prosecutor offices in the United States, it is possible that much of the change that the media documents is limited to only a few offices; it is also possible that newsworthy stories of recent prosecutor campaign debates are merely the most visible layer of a change that goes deeper. Do the media accounts focus on vivid but exceptional election campaigns, or do news stories over the' last decade reflect a …

Downtown Condos For The Rich: Not All Bad, Michael Lewyn

Scholarly Works

Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …

Characterizations Of The Discrete Lindley And Discrete Poisson-Lindley Distributions, Gholamhossein G. Hamedani, Mahrokh Najaf

Mathematical and Statistical Science Faculty Research and Publications

Certain characterizations of the discrete Lindley and discrete Poisson-Lindley distributions, originally introduced by Bakouch, Jazi and Nadarjah (2014) and Sankaran (1970), respectively, are presented. Al-Babtain, Gemeay and Afify (2020) revisited these distributions and provided estimation methods and actuarial measures as well as their applications in medicine. This short note is intended to complete, in some way, Al-Babtain, Gemeay and Afify (2020)’s work. It should be mentioned that the probability mass functions reported in the two papers mentioned above are not correct. In this note, it will be explained why they are not correct.

The Renaissance Of Odum's Outwelling Hypothesis In 'Blue Carbon' Science, Isaac R. Santos, David J. Burdige, Tim C. Jennerjahn, Steven Bouillon, Alex Cabral, Oscar Serrano, Thomas Wernberg, Karen Filbee-Dexter, Julia A. Guimond, Joseph J. Tamborski

OES Faculty Publications

The term ‘Blue Carbon’ was coined about a decade ago to highlight the important carbon sequestration capacity of coastal vegetated ecosystems. The term has paved the way for the development of programs and policies that preserve and restore these threatened coastal ecosystems for climate change mitigation. Blue carbon research has focused on quantifying carbon stocks and burial rates in sediments or accumulating as biomass. This focus on habitat-bound carbon led us to losing sight of the mobile blue carbon fraction. Oceans, the largest active reservoir of carbon, have become somewhat of a blind spot. Multiple recent investigations have revealed high …

Boolean Network Control With Ideals, Ian H. Dinwoodie

Mathematics and Statistics Faculty Publications and Presentations

A method is given for finding controls to transition an initial state x0 to a target set in deterministic or stochastic Boolean network control models. The algorithms use multivariate polynomial algebra. Examples illustrate the application.

Simulations Of Single- And Two-Tone Tm-Doped Optical Fiber Laser Amplifiers, Tathagata Goswami, J. Grosek, Jay Gopalakrishnan

Mathematics and Statistics Faculty Publications and Presentations

This work uses numerical simulations of a thulium-doped optical fiber amplifier to predict various performance characteristics such as peak temperatures, expected output powers and efficiencies, presence of amplified spontaneous emission (ASE), and transverse mode instability (TMI) onset power thresholds. Single- and two-tone configurations are studied. In the latter case, the two laser sources are separated in frequency by the amount that corresponds to the peak Raman gain, and a few seed ratios at various total seed powers are examined. The goal is to provide the field with pertinent information on what is feasible for this type of amplifier.

Torsion And Curvature In Continuously Defective Solid Crystals, Marek Z. Elźanowski

Mathematics and Statistics Faculty Publications and Presentations

I show how one can utilize the concept of a canonical connection on a homogeneous space to describe defectiveness of a continuous elastic crystal solid.

The Role Of Hardiness And Autonomy Support On College Student Engagement, Kevin Douglas Cherry

Cal Poly Humboldt theses and projects

The gap between college student enrollment and graduation rates remains a problem for college students and administrators. Literature on persistence in college suggests that factors such as hardiness and autonomy support may contribute to student perseverance through degree attainment. The current study focused on these constructs using a framework based on self-determination theory (SDT; Ryan & Deci, 1985). Factors related to student persistence, namely hardiness and autonomy support, were expected to positively predict college student engagement. Furthermore, hardiness was expected to moderate the relationship between autonomy support and college student engagement. College students from a university and a community college …

The Words Mean What They Say: Chancery Court Adheres To Plain Meaning Of Typical Contract Terms, Robert S. Reder, Paul W. D'Ambrosio

Vanderbilt Law Review

No abstract provided.

Hunting For Nondelegation Doctrine's Snark, Roderick M. Hills

Vanderbilt Law Review

No abstract provided.

Democracy And Disenchantment, Ashraf Ahmed

Vanderbilt Law Review

No abstract provided.

What Are The Possible Causes And Effective Therapeutic Approaches Of Preeclampsia?, Adina Hadi

The Science Journal of the Lander College of Arts and Sciences

Preeclampsia is a complication of pregnancy primarily characterized by hypertension and proteinuria and affects other organs as well. The underlying causes are not yet fully understood. However, it is suggested that angiogenic factors of the placenta, genetic factors, a malfunctioning immune system, and oxidative stress all play a role in causing preeclampsia. Currently, the only definitive cure known for preeclampsia is delivery of the baby. Management of the condition includes taking preventative measures as well as drugs such as labetalol and MgSO4. This paper analyzes mechanisms of preeclampsia and determines the possible causes and most effective ways to manage the …

How To Measure And Value Wealth For A Federal Wealth Tax Reform, David Gamage, Ari Glogower, Kitty Richards

Articles by Maurer Faculty

Over the last several decades, wealth inequality has exploded, warping economic outcomes and limiting opportunity—for individuals and for the US at large.

Sky-high income inequality and runaway income gains for the nation’s highest earners compound that wealth inequality and are insufficiently taxed under the current tax regime.

Further, wealth in the US has always been heavily skewed by race.

Since the country’s founding, US laws and customs have prevented Black and brown people from receiving fair wages and accruing assets, thereby creating and perpetuating today’s massive racial wealth gap.

While our existing tax systems are ill-equipped to tackle these challenges, …

Valuation As A Challenge For Tax Administration, Leandra Lederman

Articles by Maurer Faculty

Valuation issues have long posed challenges for the U.S. federal tax system. This is not just because of questions about what technique will most accurately value particular types of property. A key problem for tax administration is that taxpayers have a financial incentive to claim erroneous, self-serving valuations. This Essay analyzes tax valuation through this tax compliance lens. In so doing, it highlights the importance that third parties to the taxpayer-government relationship act at arm’s length from the taxpayer. It also explains why penalties are insufficient to deter erroneous self-reported valuations. The Essay also draws on the tax compliance perspective …

Clinical Considerations For Treating Adult Survivors Of Child Sexual Abuse: A Proposal For Integrating Intersubjective Systems Theory And Feminist Perspectives, Kristen Schrijver

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The goal of this paper is to offer clinical considerations for clinicians working with adult survivors of extrafamilial child sexual abuse (CSA) by 1) defining the stages of sexual abuse grooming of the child and their entire family system, 2) defining and integrating intersubjective and feminist approaches to treatment, and 3) providing methods for depathologizing CSA survivors’ experience of shame. These three objectives aim to increase awareness and knowledge of sexual abuse grooming, as well as offer an integrative theoretical framework for individual therapy with adult survivors of CSA.

Judicial Independence At Twilight, Charles G. Geyh

Articles by Maurer Faculty

Judicial independence is a fixture of American government, but its structure has never been fully understood. As long as the federal judiciary has survived episodic attacks with its independence intact, there has been no pressing need to know how or why. But a confluence of cyclical, sustained, and sudden developments now threatens the federal judiciary’s autonomy in arguably unprecedented ways and demands a more comprehensive analysis of judicial independence and its vulnerabilities. This article begins by reconceptualizing the structure of judicial independence in three tiers. At the apex is an ancient, Rule of Law Paradigm, which proceeds from the premise …