Digital Commons Network^™

Discovery Of Expert Reports And Testimony In Criminal Cases, Paul W. Grimm

Faculty Scholarship

No abstract provided.

The Office Of The Chief Circuit Judge, Marin K. Levy, Jon O. Newman

Faculty Scholarship

Despite famously being called, merely, “one among equals,” the Chief Judge of a federal court of appeals plays a significant role on their court. Internally, the Chief Judge is responsible for everything from overseeing the circuit’s budget to influencing how the court’s sitting calendar is set, from selecting judges who will sit by designation to reviewing complaints of misconduct against judges in their circuit. Externally, the Chief Judge serves as the court’s representative to the Judicial Conference of the United States, the national policy-making body for the federal courts. Outside of official duties, the Chief Judge may initiate projects, which …

How To Treat The Wto's Problem With Precedent, Timothy Meyer

Faculty Scholarship

This Article argues that the World Trade Organization’s Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB’s practice of precedent—which the United States cited as a cause of its decision to paralyze the AB by blocking new appointments—is similar to how it has approached “likeness” in nondiscrimination cases. It placed a lot of weight on whether two cases (or products) are sufficiently similar to be compared, and it spent relatively less time substantively justifying its treatment of prior cases. Because the WTO does not have …

The Search For Clarity In An Attorney’S Duty To Google, Michael Murphy

Faculty Scholarship

No abstract provided.

Towards A Generic Method For Articulating Design Uncertainty, Mouna Dhaouadi, Kate M. B. Spencer, Megan H. Varnum, Alicia M. Grubb, Michalis Famelis

Computer Science: Faculty Publications

Modelers encounter different kinds of uncertainty in their designs and models of software systems. One such type concerns uncertainty about how to build a model. This is called design-time uncertainty, and existing research has studied how modelers can work in its presence. However, the process by which they come to elicit and express their uncertainties remains unclear. In this paper, we take steps towards addressing this gap by introducing DRUIDE (Design and Requirements Uncertainty Integrated Development Environment), a language and workflow for articulating design time uncertainty. We present and illustrate our proposal on a software design example. Additionally, we conduct …

Fiduciary Duties On The Temporal Edges Of Agency Relationships, Deborah A. Demott

Faculty Scholarship

The duties that principals and agents owe each other are typically coterminous with the agency relationship itself. But sometimes temporal lines of clean demarcation do less work. The Chapter identifies situations in which an agent may owe duties—including fiduciary duties—to the principal prior to the formal start of their relationship, including any enforceable contract between the parties. Likewise, not all duties that agents and principals owe each other end with the relationship. The Chapter explores the rationales for duties at the temporal peripheries for an agency relationship and the extent to which they are derived from doctrines distinct from agency …

Current Market Rates For Scholarly Publishing Services, Alexander Grossman, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

For decades, the supra-inflation increase of subscription prices for scholarly journals has concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, the prices for open access publishing are also high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the …

Academic Libraries And Open Access Books In Europe: A Landscape Study, Agata Morka, Rupert Gatti

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The last fifteen years have witnessed the emergence of a new role for academic libraries. Besides fulfilling their fundamental task of providing access to knowledge, besides being called everything from temples of knowledge to disturbing heterotopias, libraries have become one of the crucial stakeholders in the open access book publishing space. They act as funders for OA book fees, they support collaborative funding schemes, and sometimes they assume the role of publishers themselves.

In an attempt to create a sustainable publishing environment, in which OA books could blossom, it is therefore necessary to gain a sound understanding of …

Culture Clash: The Sociology Of Wto Precedent, Harlan G. Cohen

Faculty Scholarship

Thanks to the United States, the WTO Appellate Body can no longer hear appeals. Having blocked all appointments to the body, the United States has left its bench empty, with no members to fulfill its role. Among the United States’ justifications: The Appellate Body’s adoption of an apparent doctrine of precedent.

This chapter takes a deeper look at the fight over precedent at the WTO, both as a case study in the emergence and operation of precedent within international law and as a microcosm of the cultural conflicts playing out within the WTO. The chapter develops an account of precedent …

Metaphors Of International Law, Harlan G. Cohen

Faculty Scholarship

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

The Clean Air Act Of 1963: Postwar Environmental Politics And The Debate Over Federal Power, Adam D. Orford

Faculty Scholarship

This Article explores the development of the Clean Air Act of 1963, the first law to allow the federal government to fight air pollution rather than study it. The Article focuses on the postwar years (1945-1963) and explores the rise of public health medical research, cooperative federalism, and the desire to harness the powers of the federal government for domestic social improvement, as key precursors to environmental law. It examines the origins of the idea that the federal government should “do something” about air pollution, and how that idea was translated, through drafting, lobbying, politicking, hearings, debate, influence, and votes, …

Effects Of Exposure To Video Games On Sexual Harassment, Chelsea Renee Washburn

Dissertations and Theses @ UNI

Previous research has suggested a positive relationship between video game play and negative outcomes, with the APA going so far as to publish a press release on the negative effects of violent media (APA, 2005, 2015a, 2015b; Anderson et al., 2010; Kepes et al., 2017). However, critics argue that these results are marred by publication bias and are overstated (Ferguson, 2007; Ferguson et al., 2020; Hilgard et al., 2017). The current study examined the relationship between the amount of time participants played video games and engaged in sexual and general harassment, and examined whether exposure to video game violence, hostile …

Exploring The Rhetorical Constitution Of A Safe Space For Women In Begum Rokeya And Frances Ellen Watkins Harper's Works, Rifat Rezowana Siddiqui

Dissertations and Theses @ UNI

This thesis studies the literary texts of two womanist authors, Begum Rokeya and Frances E. W. Harper, who are from different cultural and geographical background. The thesis attempts to uncover how both authors envision feminist utopian safe space for women of their society. Being the representative from the global south, Rokeya elaborates on 19th century social customs such as purdah and zenana to demonstrate sex segregation in her society. Harper, on the other hand, illustrates the social crisis of slavery and racism through her work. Criticizing the social norms that create obstacles for racialized women, both the authors assert the …

Estimation Of Future Irrigation Performance With Times Series Analysis: A Case Study Of Andırın, Kahramanmaraş, Turkey, Si̇nan Kartal

Turkish Journal of Agriculture and Forestry

Performance indicators are used to identify the weaknesses and strengths of irrigation schemes. Until now, evaluations have been made using several different statistical methods to determine the performance of irrigation schemes. However, these methods showed the current performance of irrigation schemes and the statistical relationship between them. It is planned to provide adaptation of irrigation networks to climate change with state policies. Therefore, it is of great importance to estimate the future performance of irrigation schemes. In this study, the future irrigation performance of the Andırın irrigation scheme in Kahramanmaraş province Andırın district was estimated using time series forecasting method. …

Optimization Of Agrobacterium-Mediated Transformation And Regeneration For Crispr/Cas9 Genome Editing Of Commercial Tomato Cultivars, Zafer Seçgi̇n, Musa Kavas, Kubi̇lay Yildirim

Turkish Journal of Agriculture and Forestry

Tomato (Solanum lycopersicum) is the second most important horticultural crop worldwide that is widely used as a model plant in genetic manipulation of Solanaceae. CRISPR/Cas9 system has been successfully utilized in several studies for genome edition of model tomato cultivars. However, these genome editing systems should be also optimized for commercial tomato cultivar for direct application of genome editing in field conditions. In this study, we have optimized an Agrobacterium-mediated gene transfer and regeneration system for CRISPR/Cas9 genome editing in two commercial tomato cultivars for the first time. The effect of explant type, genotype, pre-transformation time, Agrobacterium concentration, infection time, …

No Amendment? No Problem: Judges, "Informal Amendment," And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie

Faculty Publications

This article considers the way in which judges play a significant role in developing the meaning of a constitution through the exercise of interpretive choices that have the effect of “informally amending” the text. We demonstrate this by examining four written federal democratic constitutions: those of the United States, the first written federal democratic constitution; India, the federal constitution of the largest democracy on earth; and the constitutions of Canada and Australia, both federal and democratic, but emerging from the English unwritten tradition. We divide our consideration of these constitutions into two ideal types, identified by Bruce Ackerman: the “revolutionary” …

Corporate And Securities Law Impact On Social Responsibility And Corporate Purpose, Thomas Lee Hazen

Faculty Publications

The role of social responsibility in corporate governance has been the subject of debate for nearly ninety years. That debate has been reframed over the decades. Several recent events have resulted in increased focus on corporate so-cial responsibility, especially with respect to publicly held corporations. This Ar-ticle explores the law’s two different paths for impacting social responsibility. The current iteration of the corporate responsibility movement has implications for both state law chartering of corporations and federal securities regulation. This Article analyzes the ways in which stated purpose clauses in a corporation’s articles of incorporation may be useful in addressing social …

Nondelegation And Criminal Law, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

Although the Constitution confers the legislative power on Congress, Congress does not make most laws. Instead, Congress delegates the power to make laws to administrative agencies. The Supreme Court has adopted a permissive stance towards these delegations, placing essentially no limits on Congress’s ability to delegate lawmaking power to agencies.

In its recent decision, Gundy v. United States, the Court relied on this unrestrictive doctrine to uphold a statute delegating the power to write criminal laws. In doing so, the Court did not address whether greater restrictions should apply to delegations involving criminal law. Instead, it applied the same …

Taxing Nudges, Kathleen Delaney Thomas

Faculty Publications

Governments are increasingly turning to behavioral economics to inform policy design in areas like health care, the environment, and financial decision-making. Research shows that small behavioral interventions, referred to as “nudges,” often produce significant responses at a low cost. The theory behind nudges is that, rather than mandating certain behaviors or providing costly economic subsidies, modest initiatives may “nudge” individuals to choose desirable outcomes by appealing to their behavioral preferences. For example, automatically enrolling workers into savings plans as a default, rather than requiring them to actively sign up, has dramatically increased enrollment in such plans. Similarly, allowing individuals to …

Reading Magna Carta: Textualist Or Originalist?, John V. Orth

Faculty Publications

Debates concerning the proper method for reading legal texts did not begin in the modern era. In fact, they have been going on in our legal tradition for hundreds of years. One of the oldest, and most consequential, debates concerns the meaning of Magna Carta, the “big charter,” reluctantly granted by King John in 1215 in response to the demands of his rebellious barons. Many of its provisions, called chapters, resolved disputes that quickly became dated – very dated.

Although Magna Carta has by now receded too far into the past for us to be confident of its exact meaning, …

The Risks For Eating Disorders/Disordered Eating In Refugee & Immigrant Experiences And The Imperative Of Culturally Alert Screening, Chantal A. Bushelle

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Eating Disorders (ED)/Disordered Eating (DE) largely remain outside of global mental health agendas. There are limited data on the epidemiology EDs/DE in refugee and immigrant populations, and there is a paucity of research on refugee and immigrant experiences of EDs/DE. Study of acculturation issues in refugee and immigrant populations have historically missed investigating what role and impact experiences of stress and trauma (e.g., historical, chronic) along with cultural change and transition may have on their food attitudes and eating behaviors. While there has been some study of eating habits within refugee and immigrant populations, the focus is typically on food …

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.

Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer

Animal Law Review

This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …

Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard

Animal Law Review

Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …

Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán

Animal Law Review

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …

2020 Litigation Review, Isaac Conzatti

Animal Law Review

This Litigation Review covers a varied selection of animal law related litigation that occurred in the year 2020. The coronavirus pandemic did not slow down the offenses or injustices committed against animals nor the litigation initiated on behalf of animals. While some animal-centered litigation experienced some setbacks in 2020, others sparked legislative initiatives to further protect the interests of animals. Some recent litigation highlights the need for more advocacy and legislation in order to overcome barriers imposed by lobbyists and other special interest groups. Other sections expose how pro-animal legislation has received challenges from opponents who seek to cripple protections …

2020 Foreign And International Legislative Review, Brittany Rowe

Animal Law Review

This Legislative Review highlights the animal law related legislative victories 2020 brought about on foreign and international fronts.

Equality And Access To Credit: A Social Contract Framework, John Linarelli

Scholarly Works

The problems governments face in regulating consumer finance fall into two categories: normative and cognitive. The normative problems have to do with the way that some governments, particularly those adhering to an American model of household finance, have financed social mobility and intergenerational welfare through debt, a tenuous and socially risky policy choice. Credit has a substantial social aspect to it in the United States, where the federal government has in some way engaged in subsidizing about 1/3 of consumer credit, particularly in the residential mortgage market, feeding into a substantial capital markets dimension through government-guaranteed securitization. Most Americans think …

Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine, Meredith R. Miller

Scholarly Works

The #MeToo Movement has ushered sexual harassment out of the shadows and thrown a spotlight on the gender pay gap in the workplace. Harassment and unfair treatment have, however, been difficult to extinguish. This has been true for all workers, including partners – those women who are owners in their firms and claim that they have suffered harassment or unfair treatment based on gender. That is because a partner’s lawsuit for discrimination often will suffer an insurmountable hurdle: plaintiff’s status as a partner in the firm means that they may not be considered an “employee” under the relevant employment discrimination …

Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron

Scholarly Works

No abstract provided.