Digital Commons Network^™

The Three Permissions: Presidential Removal And The Statutory Limits Of Agency Independence, Jane Manners, Lev Menand

Faculty Scholarship

Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfea­sance in office (INM). The President can remove the heads of these agencies for INM and only INM. But neither Congress nor the courts have defined INM and hence the extent of agency independence. Stepping into this void, some proponents of presidential power argue that INM allows the President to dismiss officials who do not follow presidential directives. Others contend that INM is unconstitutional because it prevents Presidents from fulfilling their duty to take care that the laws are faithfully …

Fedaccounts: Digital Dollars, John Crawford, Lev Menand, Morgan Ricks

Faculty Scholarship

We are entering a new monetary era. Central banks around the world – spurred by the development of privately controlled digital currencies as well as competition from other central banks – have been studying, building, and, in some cases, issuing central bank digital currency (“CBDC”).

Although digital fiat currency is one of the hottest topics in macroeconomics and central banking today, the discussion has largely overlooked the most straightforward and appealing strategy for implementing a U.S. dollar-based CBDC: expanding access to bank accounts that the Federal Reserve already offers to a small, favored set of clients. These accounts consist of …

The Federal Reserve And The 2020 Economic And Financial Crisis, Lev Menand

Faculty Scholarship

This Article provides a comprehensive legal analysis of the Federal Reserve's response to the 2020 economic and financial crisis. First, it examines the sixteen ad hoc lending facilities that the Fed established to fight the crisis and sorts them into two categories. Six advance the Fed's monetary mission and were designed to halt a run on financial institutions. Ten go beyond the Fed's traditional role and are designed to directly support financial markets and the real economy. Second, it maps these programs onto the statutory framework for money and banking. It shows that Congress's signature crisis legislation, the CARES Act, …

William P. Alford: Kindness, Integrity, And Insight, Benjamin L. Liebman

Faculty Scholarship

In the summer of 1988, travelling from Dengshikou, in the center of Beijing, to the Xiyuan Hotel, just across from the Beijing Zoo, seemed like travelling to the outer edge of Beijing. I was back in Beijing visiting my host family at the end of the summer, and they were worried about me travelling so far on my own. But I had an invitation to dinner with an American professor, and my host family reluctantly let me travel across Beijing on the electric trolley bus to attend the dinner.

Spoofing And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Sue S. Guan

Faculty Scholarship

Nearly a century after the United States enacted its first securities laws, urgent questions remain as to the scope of manipulation law: whether manipulation is possible in principle, and if so, how the law should respond in practice. Sharp disagreement among courts, economists, and legal scholars as to whether trading or quoting activity constitutes illegal manipulation has led to a legal framework that lacks precision and cogency. Moreover, the poorly articulated normative basis for court rulings has resulted in enforcement that is both under-inclusive and over-inclusive in ways that do a poor job of discouraging socially harmful transactions and enabling …

Common Ownership: Do Managers Really Compete Less?, Merritt B. Fox, Menesh S. Patel

Faculty Scholarship

This Article addresses an important question in modern antitrust: when large investment funds have holdings across an industry, is competition depressed?

The question of the impact of common ownership on competition has gained much attention as the role of institutional shareholding has grown, with the funds of the three largest management companies holding in aggregate approximately 21% of the shares of a typical S&P 500 firm. It is a source of acute disagreement among scholars and policymakers, with some who believe common ownership does depress competition seeking antitrust law reforms that would significantly constrain how investment funds operate. Neglected in …

Next Mayor Will Inherit Job Of Implementing 2019 Law Setting Building Emissions Caps, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Whoever becomes New York City’s next Mayor will need to pivot quickly to implementing a collection of laws adopted in 2019 and bundled together as the Climate Mobilization Act. These laws are designed to help reduce greenhouse gas emissions in New York City by 40% below 2005 levels by 2030 and 80% by 2050. Because 70% of the greenhouse gases emitted in New York City are generated by how New Yorkers heat, light and power buildings, the Climate Mobilization Act includes Local Laws 92 and 94, which require that new buildings or buildings undergoing major roof renovations include solar panels …

Potential Tensions Between New York’S Climate Change Laws And Historic Preservation Laws, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

For many years, designated historic buildings have been exempt from most energy conservation codes. However, with increased attention to the perils of climate change, some cities – including New York – are adopting strong laws on building energy use that do not have this exemption. Historic preservation laws that have not caught up, and some fire codes, may pose obstacles to the installation of rooftop solar and some other methods to reduce building energy consumption.

Removing Carbon Dioxide Through Ocean Alkalinity Enhancement: Legal Challenges And Opportunities, Romany M. Webb, Korey Silverman-Roati, Michael B. Gerrard

Faculty Scholarship

Many scientists now agree that achieving the 2015 Paris Agreement’s goal of limiting global warming to “well below” 2°C, and ideally to 1.5°C, above pre-industrial levels will require both major reductions in greenhouse gas emissions and the removal of massive amounts of carbon dioxide from the atmosphere. Various terrestrial and ocean-based carbon dioxide removal techniques have been proposed, but further research is needed to evaluate their relative benefits and drawbacks. Initial studies suggest that terrestrial carbon dioxide removal techniques, such as bioenergy with carbon capture and storage, may require large amounts of land, which could lead to conflicts with other …

Race And Equity In The Age Of Unicorns, Lynnise E. Pantin

Faculty Scholarship

This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley culture, centering on race and class. The Article demonstrates that the rise and fall of the unicorn startup Theranos and its founder, Elizabeth Holmes, is emblematic of the problem with the glorification and pursuit of the unicorn designation for startup ventures. The examination of the downfall of Theranos exposes how investors, founders, and others in Silicon Valley engage with each other in the context of pursuing unicorn status. The …

Beyond Transparency And Accountability: Three Additional Features Algorithm Designers Should Build Into Intelligent Platforms, Peter K. Yu

Faculty Scholarship

In the age of artificial intelligence, innovative businesses are eager to deploy intelligent platforms to detect and recognize patterns, predict customer choices and shape user preferences. Yet such deployment has brought along the widely documented problems of automated systems, including coding errors, corrupt data, algorithmic biases, accountability deficits and dehumanizing tendencies. In response to these problems, policymakers, commentators and consumer advocates have increasingly called on businesses seeking to ride the artificial intelligence wave to build transparency and accountability into algorithmic designs.

While acknowledging these calls for action and appreciating the benefits and urgency of building transparency and accountability into algorithmic …

Banning The Full-Face Veil: Freedom Of Religion And Non-Discrimination In The Human Rights Committee And The European Court Of Human Rights, Sarah H. Cleveland

Faculty Scholarship

What is, or should be, the relationship between claims of violations of the right to manifest one’s religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion?

The interrelationship of human rights protections is not a new question. Just as rights may conflict, rights may also overlap. The arrest of a human rights activist for expressing her views could violate both the prohibition against arbitrary detention and her freedom of expression. Excessive use of force against peaceful demonstrators could violate their rights to freedom of assembly, freedom of expression, and …

How The Administrative State Got To This Challenging Place, Peter L. Strauss

Faculty Scholarship

Written for a dispersed agrarian population using hand tools in a local economy, our Constitution now controls an American government orders of magnitude larger that has had to respond to profound changes in transportation, communication, technology, economy, and scientific understanding. How did our government get to this place? The agencies Congress has created to meet these changes now face profound new challenges: transition from the paper to the digital age; the increasing centralization in an opaque, political presidency of decisions that Congress has assigned to diverse, relatively expert and transparent bodies; the thickening, as well, of the political layer within …

Distributional Arguments, In Reverse, Alex Raskolnikov

Faculty Scholarship

This Article contends that the government should consider – rather than ignore – distributional consequences both in the design of legal rules and during legal transitions. This does not mean that the distributional effect of every legal rule should be measured and taken into account in the rule’s design. But if the likely distributional effects are unintended, large, and objectionable, if the efficiency of the legal rule is doubtful, if the compensating tax-and-transfer adjustment is not forthcoming (or has not occurred), policymakers should take distribution into account. One way of doing so is to choose among several alternative legal rules …

Endovascular Mechanical Thrombectomy Versus Thrombolysis In Patients With Iliofemoral Deep Vein Thrombosis - A Systematic Review And Meta-Analysis., Michael K W Lichtenberg, Stefan Stahlhoff, Katarzyna Młyńczak, Dominik Golicki, Paul Gagne, Mahmood K Razavi, Rick De Graaf, Raghu Kolluri, Katarzyna Kolasa

Heart and Vascular Articles

Background: This study sought to compare effectiveness and safety of percutaneous mechanical thrombectomy (PMT) and thrombolysis alone (THR) in patients with acute or subacute iliofemoral deep vein thrombosis (IfDVT). Patients and methods: Observational and randomized trials, published between January 2001 to February 2019 were identified by searching MEDLINE. Studies on deep venous thrombosis (DVT) treated with either THR or PMT adjunctive to conventional anticoagulation and compressive intervention were included. Meta-analysis of proportions was conducted to assess effectiveness outcomes of successful lysis and primary patency, post-thrombotic syndrome (PTS), valvular reflux, recurrent DVT, as well as safety outcomes of major bleeding, hematuria, …

Preliminary Report On The 2018 Season Of Excavations At Khirbat As-Safrā, Paul Z. Gregor, Constance E. Gane, Trisha Broy, Jacob A. Moody

Faculty Publications

No abstract provided.

Balancing Independence And Accountability: Proposals To Reform Special Counsel Investigations, Lawrence Keating, Steven Still, Brittany Thomas, Samuel Wechsler

Faculty Scholarship

Investigations of the president and other high-ranking officials must be free from political interference yet cannot devolve into “runaway” inquiries. This report recommends reforms to the rules for every stage of special counsel investigations. Among the proposals is a requirement that federal judges oversee the attorney general’s appointment and removal of special counsels. Additionally, a special counsel should be mandatory when the president is suspected of a crime and reports on investigations should go directly to Congress.

Musical Composition Graduate Portfolio, Juan Marulanda

Dissertations and Theses @ UNI

The musical works included in this portfolio were composed between Fall 2019 and Spring 2021. The compositions encompassed here are: Bordones for percussion trio, Kuvx for flute quartet, Pisces for piano, Pisces Interpolationem for marimba, Raudal for piano and for orchestra,and ¡Oh Selva! for electronics. This document is a concise presentation of salient aspects involved in the creative process of each work.

Facilitating Multifunctional Green Infrastructure Planning In Washington, Dc Through A Tableau Interface, John Taylor, Mamatha Hanumappa, Lara Miller, Brendan Shane, Matthew L. Richardson

Plant Sciences and Entomology Faculty Publications

Multifunctional urban green infrastructure (UGI) can regulate stormwater, mitigate heat islands, conserve biodiversity and biocultural diversity, and produce food, among other functions. Equitable governance of UGI requires new tools for sharing pertinent information. Our goal was to develop a public-access geographic information system (GIS) that can be used for comprehensive UGI planning in Washington, DC (the District) and to create an e-tool for UGI in the form of Tableau dashboards. The dashboards allow stakeholders to identify (1) existing UGI and (2) potential areas for new UGI including urban agriculture (UA). They also allow users to manipulate the data and identify …

Advances In The Arms Race Between Silkworm And Baculovirus, Liang Jiang, Marian R. Goldsmith, Qingyou Xia

Biological Sciences Faculty Publications

Insects are the largest group of animals. Nearly all organisms, including insects, have viral pathogens. An important domesticated economic insect is the silkworm moth Bombyx mori. B. mori nucleopolyhedrovirus (BmNPV) is a typical baculovirus and a primary silkworm pathogen. It causes major economic losses in sericulture. Baculoviruses are used in biological pest control and as a bioreactor. Silkworm and baculovirus comprise a well-established model of insect–virus interactions. Several recent studies have focused on this model and provided novel insights into viral infections and host defense. Here, we focus on baculovirus invasion, silkworm immune response, baculovirus evasion of host immunity, …

Exploring Social-Ecological Trade-Offs In Fisheries Using A Coupled Food Web And Human Behavior Model, Anne A. Innes-Gold, Tyler Pavlowich, Margaret Heinichen, M. Conor Mcmanus, Jason Mcnamee, Jeremy Collie, Austin T. Humphries

Fisheries, Animal and Veterinary Sciences Faculty Publications

Marine fisheries represent a social-ecological system driven by both complex ecological processes and human interactions. Ecosystem-based fisheries management requires an understanding of both the biological and social components, and management failure can occur when either are excluded. Despite the significance of both, most research has focused on characterizing biological uncertainty rather than on better understanding the impacts of human behavior because of the difficulty of incorporating human behavior into simulation models. In this study, we use the fisheries in Narragansett Bay (Rhode Island, USA) as a case study to demonstrate how coupled modeling can be used to represent interactions between …

Draft Genome Sequence Of Salegentibacter Sp. Strain Bdj18, A Plankton-Associated Bacterium In The Northeast Atlantic Ocean, Elizabeth J. Mcdermith, Alexa R. Sterling, Matthew J. Bertin, Bethany D. Jenkins

Cell and Molecular Biology Faculty Publications

Salegentibacter sp. strain BDJ18 was isolated from a plankton-associated seawater sample from the northeast Atlantic Ocean. We report its draft genome assembly, which includes genes potentially important for microbial interactions in the marine environment.

Novel Use Of Species Distribution Modeling To Identify High Priority Sites For American Woodcock Habitat Management, Bill Buffum, Roger Masse, Scott R. Mcwilliams

Natural Resources Science Faculty Publications

Most species distribution models (SDMs) predict the probability of presence (POP) of a species at any location based on an analysis of known occurrences and environmental variables; however, such SDMs cannot predict how much the POP of a species that requires young forest would change if a new patch of young forest is created at a certain location. We developed a new SDM tool to identify and prioritize sites where forest management efforts to create young forest vegetation would likely have the most positive effect for Scolopax minor (American Woodcock), an important umbrella species for other birds that require …

Not Just Teaching How: Supporting A Culture Shift In Stem Education, Miryam Ramirez Velazquez , '21

Senior Theses, Projects, and Awards

No abstract provided.

Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott

Articles

Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of plea bargaining—i.e., enforceable agreements in which a defendant promises to plead guilty in exchange for a prosecutor’s promise to seek leniency in charging or at sentencing. But a traditional plea agreement is just the most visible instance of a much broader class of possible criminal settlement agreements. In terms of their fundamentals, criminal settlements are indistinguishable from their civil counterparts: through either an atomized or comprehensive bargain, parties exchange what they have for what they want, advancing their respective interests in cost minimization, risk mitigation, …

Understanding National Remedies And The Principle Of National Procedural Autonomy: A Constitutional Approach, Daniel H. Halberstam

Articles

This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of ‘autonomy’, the Article turns to the foundational text and structure of Union law to reconstruct the proper constitutional basis for deploying or supplanting national procedures and remedies. It further argues that much of the case law of the Court of Justice of the European Union may be considered through the lens of ‘prudential avoidance’, ie the decision to avoid difficult constitutional questions …

Being Needed, Cared For, And Present: Belonging And Disability In The Seventh-Day Adventist Church In North America, Shannon M. Trecartin, Mikelle Wile, Terrance P. Trecartin, Petr Činčala

Faculty Publications

Many Christian churches seek to be places of belonging, yet present barriers to inclusion. The present research focuses on disability and belonging in members of the Seventh-day Adventist (SDA) Church in North America. Data from the SDA Global Church Survey (2017–2018) were used to measure attendance, perceived care, and sense of being needed. Results: Differences in attendance, leadership, and “feeling cared for” were observed. The findings of this study suggest that the SDA Church has had both successes and room for growth in terms of creating opportunities for belonging among people with disabilities. Implications for other denominations are also discussed.

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 …

Graduate Recital In Violin, Maria Del Pilar Serrano Pineda

Dissertations and Theses @ UNI

Maria del Pilar Serrano Pineda performed her Master of Music Recital in violin on April 2, 2021, at 6:00 pm in the Graham Hall of the University of Northern Iowa School of Music’s Russell Hall building. She was assisted by pianist Sean Botkin. The program selected included the Violin Concerto No.2, Op.22 by Henri Wieniawski, the Chaconne in G minor by Tomaso Antonio Vitali and the Chaconne from Violin Partita No.2 in D minor, BWV 1004 by Johann Sebastian Bach. These works were selected to represent a variety of musical genres and styles, and present a variety of complex technical …

Master's Recital: Max Mcbride, Max Niles Mcbride

Dissertations and Theses @ UNI

The purpose of this recital is to partially fulfill the requirements for the Master of Music degree in Jazz Pedagogy, and to display musical proficiency on piano, bass guitar, and drum set. Max McBride scheduled his graduate jazz recital for April 16, 2021, at 8:00 pm.

With nine pieces on the recital program, the recitalist will play five on the piano, and two additional pieces on drum set and bass, respectively. The repertoire was chosen to allow the performer to display proficiency on all three instruments while highlighting the performer’s main instrument, piano. The instrumentation and ensemble size will vary …