Digital Commons Network^™

Diversity From The Perspective Of Corporate Boards And Lawyer Disciplinary Boards, Lissa L. Broome, John M. Conley

Faculty Publications

This Article addresses the organizing question of this symposium—whether diversifying state medical boards (SMBs) would improve their effectiveness in disciplining doctors—by drawing on the comparable experiences of corporate boards of directors and lawyer disciplinary boards. Reexamining our own qualitative study of corporate board diversity conducted several years ago, we find that almost of all of the arguments for board diversity raised in the business literature or our own interviews also tend to support diversity on SMBs. Reviewing the legal profession’s experience with the diversity question on lawyer disciplinary boards, we find that many of these arguments have also been recognized, …

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 …

Enforcing Inbound Forum Selection Clauses In State Court, John F. Coyle, Katherine Richardson

Faculty Publications

A forum selection clause is a contractual provision that selects a court for future disputes. Such clauses serve two primary functions. First, they may be used to redirect litigation from one state to another (an “outbound” clause). Second, they may be used to extend the personal jurisdiction of the chosen court over the contracting parties (an “inbound” clause). To date, scholars have focused most of their attention on the redirecting function played by outbound clauses. In this Article, we provide a definitive account of the role played by inbound clauses as means of obtaining personal jurisdiction over out-of-state defendants.

This …

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 …

Separation Of Powers Versus Checks And Balances In The Criminal Justice System: A Response To Professor Epps, Carissa Byrne Hessick

Faculty Publications

No abstract provided.

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 …

Standing And Contracts, F. Andrew Hessick

Faculty Publications

In Spokeo v. Robbins, the Supreme Court held that, to establish Article III standing to bring suit in federal court, a plaintiff cannot simply allege the violation of a legal right. Instead, the plaintiff must allege an injury in fact. Although it addressed standing to bring suit for statutory violations, Spokeo raises serious questions about limits on the ability to bring breach of contract actions in federal court. After all, contracts simply create legal rights. Under Spokeo’s logic, the breach of contractual rights should not support standing; instead, standing exists only if the breach results in factual harm. …

Interpreting Injunctions, F. Andrew Hessick, Michael Morley

Faculty Publications

Injunctions are powerful remedies. They can force a person to act or refrain from acting, dictate policies that the government must adopt, or even refashion public institutions. Violations of an injunction can result in contempt.

Despite the importance of injunctions, courts have applied an astonishingly wide range of contradictory approaches to interpreting them. They have likewise disagreed over whether appellate courts should defer to trial courts’ interpretations or instead review those interpretations de novo. Virtually no scholarship has been written on these topics.

This Article proposes that courts apply a modified textualist approach to injunctions. Under this scheme, courts would …

Jailhouse Immigration Screening, Eisha Jain

Faculty Publications

Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has had precisely the opposite effect: it has massively expanded the reach of immigration enforcement and created extended carceral treatment within the criminal justice system based on suspected immigration status. This approach, in turn, leads to removals that lack adequate process, are inaccurate, or that reflect underlying racial biases …

Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder

Faculty Publications

Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …

The Surprising Significance Of De Minimis Tax Rules, Leigh Z. Osofsky, Kathleen Delaney Thomas

Faculty Publications

De minimis tax rules — rules that eliminate tax burdens for low-income taxpayers or low-dollar transactions — abound in the tax law. Despite the prevalence of such rules, legal scholarship has treated them as — well — de minimis, or as mere rounding errors that do not merit sustained attention. This perspective is understandable. If de minimis rules address insignificant taxpayers or tax liabilities, aren’t the rules themselves likely to be insignificant? Recent tax law developments have revealed that this conception of de minimis tax rules is deeply misguided. Major allocations of tax law liability, as well as accompanying questions …

Gender Violence, The Carceral State, And The Politics Of Solidarity, Deborah M. Weissman

Faculty Publications

Part I of this Article examines gender violence committed by the State. It does so within the context of recent initiatives to address abusive police practices to demonstrate that issues of gender violence have been omitted from reform efforts. To that end, it provides a critical review of anti-carceral campaigns, including recent challenges to “stop-andfrisk” practices. Litigation addressing abusive police conduct has failed to identify stop-and-frisk as a particular form of gender violence. Similarly, community campaigns to oversee police body-worn camera policies have overlooked the differential ways in which survivors of gender violence are impacted by these police devices. This …

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 …

Effects Of Dietary Additives On Growth Performance, Immunity And Mucosal Barrier Defences Of Salmonids, Nicola Pontefract

School of Biological and Marine Sciences Theses

The mucosal surfaces of fish are considered highly active immunological sites that work to maintain homeostasis and play a key role in the defence against pathogens (Yu et al., 2020). While disease represents a major constraint to the aquaculture industry, the potential influence of dietary additives upon the mucosal barriers and defences of fish is the subject of increasing amounts of research. RT-q-PCR gene expression analysis and histological examinations of experiment one jointly indicate the potential of a dietary prebiotic mixture, a parabiotic and their synbiotic to positively influence the mucosal barrier defences of the Gill-(GIALT), Skin-(SALT) and Gut- associated …

Molecular Characterization Of Vp2 And Vp3 Proteins Of Chicken Anemia Virus Isolates Inturkey, Sezer Okay, Şi̇nasi̇ Aşkar

Turkish Journal of Veterinary & Animal Sciences

Chicken anemia virus (CAV) has a circular 2.3 kb DNA genome encoding VP1, VP2, and VP3 proteins. VP1 protein is assembled into viral capsid. VP2 is a nonstructural protein required for the correct assembly of VP1. Also, there is an interaction between VP2 and VP3 protein, known as apoptin. Mostly, VP1 protein of CAV isolates have been investigated in previous studies but the information about VP2 and VP3 proteins is insufficient. The aim of this study is molecular characterization of VP2 and VP3 proteins from 20 CAV isolates previously collected in different regions of Turkey using in silico tools. The …

Determination Of Quality Of Working Life Of Private Veterinarians: Validity And Reliabilitystudy, Gökhan Aslim, Mustafa Agah Teki̇ndal, Aşkin Yaşar

Turkish Journal of Veterinary & Animal Sciences

With this study, it was aimed to determine the factors affecting the quality of working life of private veterinarians. In addition, it was aimed to develop a scale (Quality of Working Life Scale) that enables the evaluation of quality of working life of private veterinarians. The study included 367 people who work as private veterinarians in Turkey. For the structure validity, Cronbach alpha (α) coefficient was used for reliability analysis. Factor analysis was used for validity analysis. As a result of the data obtained from the study, it is stated that the "Quality of Working Life Scal" is reliable and …

Elastography Acoustic Radiation Force Impulse (Arfi): An Investigation Of Ocularelasticity In Dogs With Chronic Secondary Glaucoma, Gabriela Morais Madruga, Marcus Antonio Rossi Feliciano, Marjury Cristina Maronezi, Marcella Rosa Filézio, Thaís Guimarães Morato Abreu, Alexandre Pinto Ribeiro, Feancimery Aparecida Fachini, Karina Kamachi Kobashigawa, Igor Cezar Kniphoff Da Cruz, Ricardo Andres Ramirez Uscategui, José Luiz Laus

Turkish Journal of Veterinary & Animal Sciences

The aim of this study was to evaluate and compare the elasticity of the optic nerve (ON) and retinal-choroid-sclera complex (RCSC) in dogs with healthy eyes and secondary glaucoma using ARFI elastography. ARFI elastography was performed on normal eyes (n = 25) and affected by glaucoma (n = 25). The mean values of shear wave velocity (SWV) of the ON and RCSC were compared between groups by the Student?s t-test. The correlation between elastography measurements of the ON and RCSC and the intraocular pressure (IOP) was measured. The SWV of the optic nerve in glaucomatous eyes (4.77 ± 1.59 m/s) …

Functional And Microvascular Anatomy Of The Ocular Bulb In Wild Pig: A Scanningelectron Microscopic Study, Lutfi̇ Takci, İbrahi̇m Kürtül, Sadik Yilmaz

Turkish Journal of Veterinary & Animal Sciences

This study searched the functional, macro- and microvascular anatomy of the ocular bulb in the 20 wild pigs to evaluate the effects of domestication on the eye comparatively by applying macroanatomical dissection techniques, Crossmon?s modified triple staining technique, and scanning electron microscopy (SEM) through corrosion cast technique. The ocular bulb was vascularized by the internal ophthalmic artery along with the external ophthalmic artery. Erythrocytes were observed in the capillaries of the inner layers of the retina. Distinctive functional adaptations were documented in the microvasculature of the ocular components, such as the marginal capillaries with irregular enlargements and narrowings following parallelly …

Multiplex Fluorescence Quantitative Pcr For The Detection Of Eight Bacterial Pathogens Ofporcine Respiratory Disease Complex (Prdc), Jingbo Wu, Wenjin Nan, Jiangqiang Huang, Guoliang Peng, Honghui Hu

Turkish Journal of Veterinary & Animal Sciences

As rapid and reliable tools for diagnosis of porcine respiratory disease complex (PRDC) bacterial pathogens are getting more important over time, we established a new multiplex fluorescence quantitative polymerase chain reaction (mFQ-PCR) system with a similar symptom. Our results showed that the system could accurately and simultaneously detect 8 pathogens within 1.5 h. The detection limits were 2-5 standard DNA copies. The correlation coefficient of the standard curve was more than 0.998, with a well dynamic range from 101 to 109, and the intra- and intervariation coefficients (CVs) were less than 2.06%. After setting the positive threshold of Ct value, …

Failure Of Passive Transfer In Neonatal Calves In Dairy Farms In Ankara Region, Erdal Kara, Ebubeki̇r Ceylan

Turkish Journal of Veterinary & Animal Sciences

This study, as a model for the farms in Turkey implementing professional herd management protocols, was conducted to examine a variety of factors in relation to the prevalence of failure of passive transfer (FPT) and the passive transfer (PT) in dairy farms in Ankara. A total of 400 calves and 363 cows from 9 different farms practicing professional herd management systems and employ full-time veterinarians were included in the study. Following the birth of the calf, colostrum was taken from cows, blood samples were taken from calves at 24-48 h of age and analysed for IgG using ELISA. FPT was …

The Effect Of Rangeland Quality On The Mohair Quality Of Angora Goats Fed On The Natural Rangelands, Betül Zehra Sariçi̇çek

Turkish Journal of Veterinary & Animal Sciences

The aim of this study is to determine the effect of the rangeland quality of Ankara goats fed on some natural rangeland in Ankara on the mohair quality. The research was carried out in 3 different quality natural rangelands in Ankara province. Crude protein, ether extract, Ca, Fe, N, energy contents and digestibility, in vitro gas production, and relative feed values of good quality rangeland plants were the highest compared to other rangelands, but the crude fiber, acid detergent fiber, and neutral detergent fiber were the lowest (p < 0.05). In the study were used a total of 120 animals (20 males, 20 females in each farm) from 3 farms where Angora goats are raised in the region of rangelands. The mohair quality was determined in mohair samples taken from 6 month old, 1.5, and 2.5-yearold animals. Rangeland quality significantly affected mohair lengths, fineness, elasticity, tenacity, and clean mohair yield, in males and females (p < 0.05). The highest values were obtained from goats fed good quality rangeland (p < 0.05). The effect of age on these features was also important. The mohair quality (length, elasticity, tenacity) increased with increasing age (p < 0.05). The effect of the rangeland quality on the nozzle number was not significant, but the effect of age was significant. and, the nozzles number increased with increasing age. The nozzle depth was affected by the rangeland quality and age. The nozzle depth has increased due to the increase in rangeland quality and age. While the mohair Ca, Mg, S, Fe, and N content of male and female goats were higher in goats fed on good quality rangeland, these were lower in goats fed low-quality rangeland (p < 0.05). While mohair Na content positively affected rangeland quality in females (p < 0.01), was insignificant in males.

Technical Staffs' Knowledge And Attitudes Survey Regarding Tail Docking On Dairy Farms Of Turkey, Çağri Çağlar Si̇nmez, İsmai̇l Ülger, Gökhan Aslim, Ali̇ Yi̇ği̇t, Mahmut Kali̇ber

Turkish Journal of Veterinary & Animal Sciences

The study examined the knowledge, beliefs, and attitudinal drivers of technical staff and breeders regarding tail docking and the incidence of docking on large-scale dairy farms (≥100 cattle) in Turkey. Survey responses were analyzed using the Mann?Whitney U test to determine attitudinal differences between respondents who self-reported docking tails or not docking their cattle. Using face-toface interviews of 210 respondents at 206 Turkish dairy farms was carried out. Tail docking procedures were practiced on 27.1% of the surveyed farms. At the time of the tail docking, 57.9% of cattle were less than 12 months of age. The most frequent tail …

Seroprevalence Of Bovine Viral Diarrhoea Virus, Bovine Herpesvirus Type 1 And Bovineherpesvirus Type 4 Infections In Cattle In Ağrı Province, Eastern Anatolia Region, Turkey, Mustafa Si̇nan Aktaş, Hasan Çeli̇k

Turkish Journal of Veterinary & Animal Sciences

This research was carried out to determine the seroprevalence of Bovine Viral Diarrhoea Virus (BVDV), Bovine Herpes Virus 1 (BoHV-1), and Bovine Herpes Virus 4 (BoHV-4) in cattle (n = 188) in Ağrı province of Eastern Anatolia Region, Turkey. The presence of BVDV, BoHV-1, and BoHV-4 antibodies in sera samples were determined by an ELISA test kit. It was determined that the highest seropositivity for BoHV-1 in Tutak disrict (9.9%), in ≤ 3 years age groups (3.39%), and in Simmental cattle (14.28%); for BoHV-4 in Doğubeyazıt disrict (4.16%), %), in ≤ 3 years age groups (1.70%), and in Simmental cross …

Deep Learning For Electricity Forecasting Using Time Series Data, Hanan Abdullah Alshehri

Theses, Dissertations and Culminating Projects

The complexity and nonlinearities of the modern power grid render traditional physical modeling and mathematical computation unrealistic. AI and predictive machine learning techniques allow for accurate and efficient system modeling and analysis. Electricity consumption forecasting is highly valuable in energy management and sustainability research. Furthermore, accurate energy forecasting can be used to optimize energy allocation. This thesis introduces Deep Learning models including the Convolutional Neural Network (CNN), the Recurrent neural network (RNN), and Long Short-Term memory (LSTM). The Hourly Usage of Energy (HUE) dataset for buildings in British Columbia is used as an example for our investigation, as the dataset …

Mining Social Media And Structured Data In Urban Environmental Management To Develop Smart Cities, Xu Du

Theses, Dissertations and Culminating Projects

This research presented the deployment of data mining on social media and structured data in urban studies. We analyzed urban relocation, air quality and traffic parameters on multicity data as early work. We applied the data mining techniques of association rules, clustering and classification on urban legislative history. Results showed that data mining could produce meaningful knowledge to support urban management. We treated ordinances (local laws) and the tweets about them as indicators to assess urban policy and public opinion. Hence, we conducted ordinance and tweet mining including sentiment analysis of tweets. This part of the study focused on NYC …

The First Amendment And Algorithms, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

The Promise Of Senior Judges, Marin K. Levy

Faculty Scholarship

Judges, lawmakers, and scholars have long debated whether the federal courts of appeals are understaffed and, if so, how Congress should go about redressing that fact. Even though there is currently a strong argument that some new judgeships should be created, such a path presents logistical complications. If a significant number of seats are added to the appellate bench, circuits may eventually become too large to function well. And if a significant number of circuits are ultimately split, the total number of federal appellate courts may become too large for the judiciary as a whole to function well. Furthermore, there …

Unwilling Or Unable? The Failure To Conform The Nonstate Actor Standard In Asylum Claims To The Refugee Act, Charles Shane Ellison, Anjum Gupta

Faculty Scholarship

Pursuant to its obligations to the international community, the United States provides asylum to individuals fleeing persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.” For decades, both the Board of Immigration Appeals and federal courts recognized that individuals could obtain asylum based on a fear of persecution at the hands of nonstate actors, so long as the applicant demonstrated that their government was “unable or unwilling” to control the persecution.

As part of a wide-ranging attack on asylum, the Trump administration has sought to eliminate asylum based on nonstate actor persecution. In …

Dumping: On Law Reviews, James Boyle

Faculty Scholarship

No abstract provided.