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Usa V. Brian Salvado

2021 Decisions

USDC for the Middle District of Pennsylvania

Amici Curiae Observations On Sexual- And Gender-Based Crimes, Particularly Sexual Slavery, And On Cumulative Convictions Pursuant To Rule 103 Of The Rules Of Procedure And Evidence, Jocelyn Getgen Kestenbaum

Amicus Briefs

Sexual slavery is not a “form” of enslavement; rather, all acts of a sexual nature, including control over sexuality, sexual integrity and sexual and reproductive autonomy, constitute indicia of the exercise of powers of ownership of enslavement in all its forms. Consequently, enslavement as a crime against humanity is not “in the abstract entirely encompassed within sexual slavery.” To avoid entering cumulative convictions for separately enumerated crimes that do not each have a distinct element from the other, and to avoid a continuation of a discriminatory application of the law, amici suggest that, in the interests of justice, the …

Cheryl Farmer, Oral History Interview, 2021, Matt Jones

Oral Histories

In 2021, Eastern Michigan University Archives lecturer Matt Jones began documenting the story of Ypsilanti’s Human Rights Ordinance #1279 in an effort to explore the ways in which local queer activism has evolved multi-generationally in Ypsilanti. What began as a refusal of service by a local print shop to a small EMU student group quickly turned into a years-long battle over who was deserving of basic human rights. To the LGBTQ activists and community members documented here, they had always been present in the community: working, paying taxes, painting their houses, mowing their lawns, attending council meetings, and even serving …

Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The amicus brief argues that in a case where the defendant alleges a ground excluding criminal responsibility (an affirmative defense), such as mental illness or duress, the defendant has an evidentiary burden to produce some evidence to support his/her claim of mental illness or duress, but that the prosecution retains the legal burden of proof to establish the defendant's responsibility beyond reasonable doubt.

“This ruling will have repercussions for future cases where the defendant asserts a mental illness or duress affirmative defense. Depending on how the ICC decides, future defendants will have to meet a specific evidentiary (or legal) burden …

Influence Of Prolonged Serotonin And Ergovaline Pre-Exposure On Vasoconstriction Ex Vivo, Eriton E. L. Valente, David L. Harmon, James L. Klotz

Animal and Food Sciences Faculty Publications

Ergot alkaloid mycotoxins interfere in many functions associated with serotonergic neurotransmitters. Therefore, the objective was to evaluate whether the association of serotonin (5-hydroxytryptamine, 5-HT) and ergot alkaloids during a 24 h pre-incubation could affect the vascular contractile response to ergot alkaloids. To evaluate the effects of 24 h exposure to 5-HT and ergot alkaloids (ergovaline, ERV), two assays were conducted. The first assay determined the half-maximal inhibitory concentration (IC₅₀)following the 24 h pre-exposure period, while the second assay evaluated the effect of IC₅₀ concentrations of 5-HT and ERV either individually or in combination. There was an interaction …

Energy Consumption Forecasting Using Machine Learning, Mahdi Mohammadigohari

Theses

Forecasting electricity demand and consumption accurately is critical to the optimal and costeffective operation system, providing a competitive advantage to companies. In working with seasonal data and external variables, the traditional time-series forecasting methods cannot be applied to electricity consumption data. In energy planning for a generating company, accurate power forecasting for the electrical consumption prediction, as a technique, to understand and predict the market electricity demand is of paramount importance. Their power production can be adjusted accordingly in a deregulated market. As data type is seasonal, Persistence Models (Naïve Models), Seasonal AutoRegressive Integrated Moving Averages with eXogenous regressors (SARIMAX), …

A Modest Proposal: Leveraging Private Enforcement Mechanisms And The Bayh-Dole Act To Reduce Drug Prices In The U.S. Healthcare Industry, Brittany Day

Duke Journal of Constitutional Law & Public Policy Sidebar

The United States healthcare system is one of the most expensive in the world. Unlike other products, when drug prices skyrocket, people may die. While advocating for various solutions, both the Biden and Trump administrations have recognized the importance of halting the rise of prescription drug prices. Most of the solutions advanced are focused on government-side initiatives, such as allowing Medicare to directly negotiate with pharmaceutical companies. Yet, the "march-in rights" built into the Bayh-Dole Act create an opportunity to set up a mechanism that would invite private actors to sue pharmaceutical companies for unconscionable drug pricing. The Bayh-Dole Act …

This Is The House That Law Built: A Systems Story Of Racism, Palma Joy Strand

San Diego Law Review

In this essay, I explore the system-ness of racism. A systems understanding of racism enables us to more fully comprehend the magnitude and depth of racism, its reach and rootedness. This systems understanding provides the foundation for some initial and overarching observations about law and systemic racism.

Eradicating Race-Based Health Disparities By Effectuating The Fair Housing Act's De-Segregation Intent, Parisa Ijadi-Maghsoodi

San Diego Law Review

This Article illustrates how Congress did not adopt this anti-segregation legislation in a vacuum. Rather, as the Supreme Court recently acknowledged, the FHA was a response to racial segregation. Congress enacted the legislation days after Dr. Martin Luther King Jr.’s assassination and on the heels of the Kerner Commission’s report, which identified segregation as the cause of unprecedented nationwide civil unrest.

Part II of this Article demonstrates how housing is a major determinant of health, identifies the extent to which our nation is segregated, and illustrates how segregation exacerbates health inequities among racial and ethnic lines. Part III presents the …

The Death Row Phenomenon: A Prohibition Against Torture, Cruel, Inhuman And Degrading Treatment Or Punishment, Nkem Adeleye

San Diego Law Review

Several debates on the legitimacy, constitutionality, and acceptability of the death penalty have arisen throughout the years. The death row phenomenon refers to the psychological effects on prisoners of being on death row for a prolonged period while awaiting an imminent execution under harsh conditions of confinement. Having been declared a violation of a customary norm of international law by several international tribunals and national courts, this Article explores the possibility of the death row phenomenon, as a legal concept, becoming widely accepted and ultimately preventing the execution of another category of offenders. The existence of a lack of judicial …

Race-Based Discrimination In The Totality Of The Circumstances: Why America's Highest Court Should Permit Section 2 Voting Rights Act Challenges To State Felon Disenfranchisement Laws, Ellen Atkinson

San Diego Law Review

Betty McKay served twenty-seven years in prison. During her past three years on parole, she became a motivational speaker, justice advocate, and organizer. Similarly, John Windham served thirty years in prison. Since his release from prison to parole in 2018, he became a motivational speaker and consultant, and works with nonprofits providing reentry services to others formerly incarcerated. But that is not all Ms. McKay and Mr. Windham have in common: Neither has ever been able to vote. They are among the 50,000 parolees in the State of California that, despite having served their prison sentences, have been barred from …

Paving The Way For Mind-Reading: Reinterpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli

Duke Journal of Constitutional Law & Public Policy Sidebar

Mind-reading is no longer a concept confined to the world of science-fiction: "Brain reading technologies are rapidly being developed in a number of neuroscience fields." One obvious application is to the field of criminal justice: Mind-reading technology can potentially aid investigators in assessing critical legal questions such as guilt, legal insanity, and the risk of recidivism. Two current techniques have received the most scholarly attention for their potential in aiding interrogators in determining guilt: brain-based lie detection and brain-based memory detection. The growing ability to peer inside someone's mind raises significant legal issues. A number of American scholars, especially in …

Ferpa And State Open Records Laws: What The North Carolina Supreme Court Got Wrong In Dth Media Corp. V. Folt, And How Courts & Congress Can Take Measures To Reconcile Privacy And Access Interests, Danielle Siegel

Duke Journal of Constitutional Law & Public Policy Sidebar

Over the past few years, courts across the country have confronted a common scenario. Members of the public and media request records from a public university pertaining to its investigations of sexual assault and misconduct on campus. Then, media outlets contend they have a right to access these records under state open records laws. But the university claims that it cannot, or will not, disclose the records under the Family Educational Rights and Privacy Act of 1974 ("FERPA").

The media outlet then files suit to compel disclosure. This Note explores the competing privacy and access interests at stake in this …

How To Compromise On Saving The Most Lives: A Commentary On Hellman And Nicholson, “Rationing And Disability”, David Wasserman

Washington and Lee Law Review Online

Deborah Hellman and Kate Nicholson’s “Rationing Disability” is a skillfully integrated analysis of the legal and ethical challenges of avoiding disability discrimination in setting priorities for the allocation of scarce lifesaving resources. Their analysis goes beyond the important but narrow question of what it means to wrongfully discriminate against people with disabilities in this context to the broader question of how to find a principled compromise between the consequentialist goals of public health and the potentially conflicting public value of “equal concern and respect” for each person. I will focus on this broader issue.

I agree with much …

Linguistic Variation From Cognitive Variability: The Case Of English 'Have', Muye Zhang

Linguistics Graduate Dissertations

In this dissertation, I seek to construct a model of meaning variation built upon variability in linguistic structure, conceptual structure, and cognitive makeup, and in doing so, exemplify an approach to studying meaning that is both linguistically principled and neuropsychologically grounded. As my test case, I make use of the English lexical item ‘have' by proposing a novel analysis of its meaning based on its well-described variability in English and its embed- ding into crosslinguistically consistent patterns of variation and change.

I support this analysis by investigating its real-time comprehension patterns through behavioral, electropsychophysiological, and hemodynamic brain data, thereby incorporating …

Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta

Theses and Dissertations

People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Systemic Racism: Patterns Of Black Disadvantage And White Advantage Linked To Slavery, Roy L. Brooks

San Diego Law Review

In this Article, I engage systemic racism in two ways. First, I discuss some of its current manifestations, Part II. In particular, I will offer powerful examples of systemic racism, Section A, and explain the link between slavery and extant systemic racism, Section B. Next, I analyze the forces in this country that sustain systemic racism well into the post-civil rights period, Part III. I will spend a fair amount of time examining socio-psychological paradigms and institutional practices or policies that perpetuate or contribute to manifestations of systemic racism. The former consists of various forms of racial bias, Section A, …

Think Nationally, Act Locally: Cities And The Struggle For Social Justice, Harold Mcdougall

San Diego Law Review

Liberals and progressives typically look to the national government to make policy aimed at achieving social justice. Historically, that is not without reason. As Professor Kathleen Morris of Golden Gate University School of Law put it in a recent email exchange, "social elites reached for the federal level in large part because the states and localities proved themselves to be genuinely terrifying to marginalized folks between 1860 and 1980.”

Few things remain constant in the struggle for social justice, however. The liberal and progressive national focus backfired as conservative and right-wing forces built power in state legislatures, enabling them to …

Introduction: Racism Without Racists, Robert A. Schapiro

San Diego Law Review

This Symposium on Systemic Racism offers a timely review and analysis of an urgent and persistent problem plaguing the United States. Many of the narratives we offer about the history and trajectory of law and society emphasize progress with respect to racism and the struggle for equality. We note the milestones of racial progress: the Thirteenth Amendment’s abolition of slavery in 1865; the 1868 adoption of the Fourteenth Amendment with its command of “equal protection”; the Supreme Court’s 1954 decision in Brown v. Board of Education declaring state-sponsored racial segregation unconstitutional; the enactment of the Civil Rights Act of 1964, …

The Effect Of Foreign Direct Investment On Colombia’S Economic Growth And The Role Of Human Capital: Does Foreign Direct Investment Foster Growth?, Jean K. Plantin

Master's Theses

Abstract: Since the pioneering work of John H. Dunning on the role of foreign direct investment (FDI) in the economic growth of the United Kingdom, many experts have debated the growth effect of FDI in an economy. This study investigated the impact of FDI on Colombia’s economic growth from 1990 to 2019. Moreover, it explored whether the Colombian economy has benefited from positive spillover from FDIs. Additionally, the paper examined how the stock level of human capital conditioned the effect of FDI on GDP per capita growth. To this end, the analysis separated tertiary enrollments from the human capital …

Texas, Don Hueske

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Oklahoma, Matt Schlensker, Sandra Fraley

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ohio, Tim Mckeen, Melissa Grimes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

New Mexico, Kacie Bevers, Blake Jones

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Nevada, Diana S. Prulhiere

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Montana, Amanda J. Dick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Louisiana, Garrett Korbitz

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Kentucky, Gary Holland

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.