Digital Commons Network^™

Sneakers, Corporate Attitudes, And The Black Lives Matter Movement: An Interview With Sneaker Expert Sean Williams, Travis D. Boyce

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Racial And Social Justice At San José State University: Students Respond With Social Action, Scott Myers-Lipton, William Armaline

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

2021 Silicon Valley Pain Index, Scott Myers-Lipton, William Armaline

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Stellar Velocity Dispersion And Dynamical Mass Of The Ultra Diffuse Galaxy Ngc 5846_Udg1 From The Keck Cosmic Web Imager, Duncan A. Forbes, Jonah S. Gannon, Aaron J. Romanowsky, Adebusola Alabi, Jean P. Brodie, Warrick J. Couch, Anna Ferré-Mateu

Faculty Research, Scholarly, and Creative Activity

The ultra diffuse galaxy in the NGC 5846 group (NGC 5846UDG1) was shown to have a large number of globular cluster (GC) candidates from deep imaging as part of the VEGAS survey. Recently, Müller et al. published a velocity dispersion, based on a dozen of its GCs. Within their quoted uncertainties, the resulting dynamical mass allowed for either a dark matter free or a dark-matter-dominated galaxy. Here, we present spectra from KCWI that reconfirms membership of the NGC 5846 group and reveals a stellar velocity dispersion for UDG1 of σGC = 17 ± 2 km s-1. Our dynamical mass, with …

A Multi-Analysis Approach For Estimating Regional Health Impacts From The 2017 Northern California Wildfires, Susan M. O’Neill, Minghui Diao, Sean Raffuse, Mohammad Al-Hamdan, Muhammad Barik, Yiqin Jia, Steve Reid, Yufei Zou, Daniel Tong, J. Jason West, Joseph Wilkins, Amy Marsha, Frank Freedman, Jason Vargo, Narasimhan K. Larkin, Ernesto Alvarado, Patti Loesche

Faculty Research, Scholarly, and Creative Activity

Smoke impacts from large wildfires are mounting, and the projection is for more such events in the future as the one experienced October 2017 in Northern California, and subsequently in 2018 and 2020. Further, the evidence is growing about the health impacts from these events which are also difficult to simulate. Therefore, we simulated air quality conditions using a suite of remotely-sensed data, surface observational data, chemical transport modeling with WRF-CMAQ, one data fusion, and three machine learning methods to arrive at datasets useful to air quality and health impact analyses. To demonstrate these analyses, we estimated the health impacts …

Democracy And Polarization Comments On Aikin And Talisse's Political Argument In A Polarized Age, Anand Vaidya

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Model-Based Clustering, Classification, And Discriminant Analysis Using The Generalized Hyperbolic Distribution: Mixghd R Package, Cristina Tortora, Ryan P. Browne, Aisha Elsherbiny, Brian C. Franczak, Paul D. Mcnicholas

Faculty Research, Scholarly, and Creative Activity

The MixGHD package for R performs model-based clustering, classification, and discriminant analysis using the generalized hyperbolic distribution (GHD). This approach is suitable for data that can be considered a realization of a (multivariate) continuous random variable. The GHD has the advantage of being flexible due to skewness, concentration, and index parameters; as such, clustering methods that use this distribution are capable of estimating clusters characterized by different shapes. The package provides five different models all based on the GHD, an efficient routine for discriminant analysis, and a function to measure cluster agreement. This paper is split into three parts: the …

The Meaning Of Matheteusate In The Broader Context Of The Gospel Of Matthew, Lindsay D. Arthur

ATS Dissertations

No abstract provided.

Immitatio Ezechielis : The Irregular Grammar Of Revelation Reconsidered, Garret E. Best

ATS Dissertations

No abstract provided.

Deficit Frame Dangers, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice.

Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. …

The Criminalization Of Foreign Relations, Steven Arrigg Koh

Faculty Scholarship

Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms— presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.

Understanding University Fee Litigation: A Few Lessons About The Perils Of Imprudence For Higher Ed Plan Sponsors, Maria O'Brien, Calvin Utter

Faculty Scholarship

Beginning in August 2016, a series of class action lawsuits were filed on behalf of participants and beneficiaries of 403(b) employee retirement plans sponsored by major American colleges and universities. These plans are regulated by the 1974 Employee Retirement Income Security Act (“ERISA”), which sets minimum standards to protect the participants and beneficiaries of voluntarily established retirement and health plans. The allegations in the several lawsuits have centered primarily around breaches of fiduciary duties by those charged with administering the plan.

These cases are all class action lawsuits brought on behalf of the participants and beneficiaries of the plans in …

A Cross-Cutting Public Law Scholar For The Ages, Nicole Huberfeld

Faculty Scholarship

Thanks to Fred Shapiro’s labor, we can see that the under-fifty category of most-cited legal scholars better represents the lawyering population than the all-time rankings of legal scholars, as it has more modern and diverse scholarship, and it has a higher percentage of women than the all-time rankings of legal scholars. Anyone who knows Professor Abbe Gluck’s work cannot be surprised that she is included among the most-cited scholars under the age of fifty. ¹ Abbe is a force of nature, a brilliant legal mind with a diabolical work ethic. Even if she ceased publishing today, her scholarly legacy would …

Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson

Faculty Scholarship

Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …

The Transparency Of Quantitative Empirical Legal Research (2018–2020), Jason Chin, Kathryn Zeiler, Natali Dilevski, Alexander Holcombe, Rosemary Gatfield- Jeffries, Ruby Bishop, Simine Vazire, Sarah Schiavone

Faculty Scholarship

Scientists are increasingly concerned with making their work easy to verify and build upon. Associated practices include sharing data, materials, and analytic scripts, and preregistering protocols. This has been referred to as a “credibility revolution”. The credibility of empirical legal research has been questioned in the past due to its distinctive peer review system and because the legal background of its researchers means that many often are not trained in study design or statistics. Still, there has been no systematic study of transparency and credibilityrelated characteristics of published empirical legal research. To fill this gap and provide an estimate of …

Executive Pay Clawbacks And Their Taxation, David I. Walker

Faculty Scholarship

Executive pay clawback provisions require executives to repay previously received compensation under certain circumstances, such as a downward adjustment to the financial results upon which their incentive pay was predicated. The use of these provisions is on the rise, and the SEC is expected to soon finalize rules implementing a mandatory, no-fault clawback requirement enacted as part of the Dodd-Frank legislation. The tax issue raised by clawbacks is this: should executives be allowed to recover taxes previously paid on compensation that is returned to the company as a result of a clawback provision? This Article argues that a full tax …

Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes

All Faculty Publications

Advocates of decarcation often focus their critiques on imprisonment for non-violent offences. In this vein, current advocacy efforts to end mandatory sentences in Canada tend to carve out “serious violent offences” as not part of a reform agenda. In this chapter, Debra Parkes sketches out the contours of an argument for why feminists might not want to cede that ground, why anti-carceral feminism might involve centering our analysis on the most, rather than the least, serious crimes – starting with those who are serving life sentences for murder. Parkes identifies four non-exhaustive reasons for that focus. The first reason relates …

Immigration Detention In The Age Of Covid-19, Efrat Arbel, Molly Joeck

All Faculty Publications

In this chapter, we analyze Canada’s response to the outbreak of COVID-19 as it relates to immigration detention. We focus on decisions released by the Immigration Division (ID) of the Immigration and Refugee Board, the quasi-judicial administrative tribunal tasked with detention-related decision-making in Canada. Writing in the four months after pandemic measures were first introduced in Canada, our analysis is by necessity provisional, and focuses on seventeen ID decisions released between mid-March and mid-May 2020, at the height of the pandemic in Canada. Our analysis of this dataset reveals an identifiable shift in ID practice: prior to the outbreak of …

R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes

All Faculty Publications

Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …

Corporate Law: Does Trados Matter?, Abraham J.B. Cable

The Judges' Book

No abstract provided.

Chancery Court Takes A Deep Dive Into Imprecise Asset Purchase Agreement Language, Robert S. Reder, Gabrielle M. Haddad

Vanderbilt Law Review

No abstract provided.

Reimagining Energy, Monika U. Ehrman

Vanderbilt Law Review

No abstract provided.

Criminal Injustice, Edward Rubin

Vanderbilt Law Review

No abstract provided.

Road To Reform: The Case For Removing Police From Traffic Regulation, Aaron R. Megar

Vanderbilt Law Review

No abstract provided.

Radicalism And Democracy In Monetary System Reform, John Crawford

Vanderbilt Law Review

No abstract provided.

Chancery Court Employs Revlon Analysis In Assessing Whether Corporate Sale Process Was Reasonable, Robert S. Reder, Connor J. Breed

Vanderbilt Law Review

No abstract provided.

"Too Much Dynamite": Buyer's Fraudulent Inducement Claim Survives Seller's Defense Based On Contractual Limitations On Post-Closing Liability, Robert S. Reder, Zachary R. Ryan

Vanderbilt Law Review

No abstract provided.

Supreme Court - Finding Seller's Responses To Covid-19 Violated Ordinary Course Covenant, Despite Lack Of "Mae" - Upholds Chancery Decision Allowing Buyer To Abandon Signed Transaction, Robert S. Reder, Erin N. Embrey

Vanderbilt Law Review

No abstract provided.

Mechanical Deviations And Verbal-Cue Altered Gait In The Femoroacetabular Impingement Syndrome Population, Walter Menke

Theses and Dissertations--Kinesiology and Health Promotion

Femoroacetabular impingement syndrome (FAIS) is an abnormal physical hip morphology that causes functional changes and pain during gait. Mechanical gait differences in this population require further biomechanical investigation to elucidate characteristics unique to this group. Fixed speed gait trials were performed on force plates and analyzed in addition to isokinetic strength testing to find a multitude of biomechanical variables including joint moment, joint power, joint work, and peak joint angle. This work has discovered evidence of muscular deficits at the hip, specifically hip extension, as well as knee joint power contributions to gait when compared to controls. These findings suggest …

The Efficacy Of Accelerating Underprepared Community College Students Using A Corequisite Liberal Arts Mathematics Course, Drew Wilkerson

Theses and Dissertations--Educational Policy Studies and Evaluation

Every year, millions of first-time students enroll in community colleges underprepared for college-level work in mathematics. Typically, these students are referred to a sequence of developmental courses designed to remediate their skills and prepare them for college-level work. Recently, educators and policy makers have questioned the efficacy of these courses, especially since most students assigned to remedial courses never complete the sequence and enroll in college-level courses. Calls to reform developmental mathematics have included changes to how institutions determine whether students are college-ready and the elimination of the remedial course sequences themselves. The corequisite model, in which students enroll in …