Digital Commons Network^™

Leading Through Learning: Using Evolutionary Learning To Develop, Implement, And Improve Strategic Initiatives, Kimberly Austin, Amanda Cahn, Elizabeth Chu, Andrea Clay, James S. Liebman

Faculty Scholarship

Equitably educating students requires effective differentiation of services based on students’ strengths and needs. Doing so reliably at scale is difficult given the diversity of students and contexts in our public school systems and the diversity of needs created by historical and institutionalized discrimination against people of color, immigrants, and other populations.

Still, a number of systems and organizations have succeeded in advancing equity at scale. They have done so by finding new ways to design, lead, and manage their operations and engage internal and external stakeholders – in our language, new ways to govern2 their work. Cutting across these …

Letter To Council Members Regarding Council Draft 5, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We understand that the ALI Council will consider Council Draft 5 (CD5) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on January 20-21, 2021. We appreciate the opportunity to provide comments on CD5. We hope that you will give careful consideration to these comments and send CD5 back to the Reporters to address the problems we describe below.

A Practical Proactive Proposal For Dealing With Attrition: Alternative Approaches And An Empirical Example, John Dinardo, Jordan Matsudaira, Justin Mccrary, Lisa Sanbonmatsu

Faculty Scholarship

Survey nonresponse and attrition undermine the validity of many and possibly most econometric estimates. We propose that survey administrators and evaluators proactively create an instrument for observation, for example, by ex ante randomizing participants to differing intensity of follow-up. We illustrate how to apply our proposed methodology using a carefully conducted randomized controlled trial, the Moving to Opportunity demonstration project, which de facto randomly assigned a subset of subjects to more intensive follow-up. The approach yields treatment effect estimates similar to the unbiased estimator based on complete administrative data and has narrower confidence intervals than alternative bounding approaches.

A New Labor For Deep Democracy: From Social Democracy To Democratic Socialism, Mark Barenberg

Faculty Scholarship

Conventional workplace law includes the law of collective bargaining and employment contracts. This chapter argues that, to fully understand how law constructs worker power, industrial democracy, and political democracy, workplace law should greatly broaden in scope. The “new labor law” should encompass components of many fields of law that influence worker power and democracy as much as many components of conventional labor law. These additional components are lodged in domestic and international finance law, social wage law, constitutional law, communication law, tax law, and many more fields. The chapter applies the new labor law to critique and offer proposals to …

Memoriam: Justice Ruth Bader Ginsburg, Margo Schlanger

Articles

It’s simultaneously hard and easy for me to write an appreciation like this one for Justice Ginsburg, because my admiration for her and my debt to her are so deep. Little in my life would have been the same if I had not been her law clerk from 1993 to 1995, during her first two years on the Supreme Court. She helped me get my first job as a civil rights lawyer and was instrumental in my meeting my now-husband. She was the smartest lawyer I ever worked for or with, and the most profound thinker about equality and the …

Acceleration Of Boltzmann Collision Integral Calculation Using Machine Learning, Ian Holloway, Aihua W. Wood, Alexander Alekseenko

Faculty Publications

The Boltzmann equation is essential to the accurate modeling of rarefied gases. Unfortunately, traditional numerical solvers for this equation are too computationally expensive for many practical applications. With modern interest in hypersonic flight and plasma flows, to which the Boltzmann equation is relevant, there would be immediate value in an efficient simulation method. The collision integral component of the equation is the main contributor of the large complexity. A plethora of new mathematical and numerical approaches have been proposed in an effort to reduce the computational cost of solving the Boltzmann collision integral, yet it still remains prohibitively expensive for …

Extending Critical Infrastructure Element Longevity Using Constellation-Based Id Verification, Christopher M. Rondeau, Michael A. Temple, J. Addison Betances, Christine M. Schubert Kabban

Faculty Publications

This work supports a technical cradle-to-grave protection strategy aimed at extending the useful lifespan of Critical Infrastructure (CI) elements. This is done by improving mid-life operational protection measures through integration of reliable physical (PHY) layer security mechanisms. The goal is to improve existing protection that is heavily reliant on higher-layer mechanisms that are commonly targeted by cyberattack. Relative to prior device ID discrimination works, results herein reinforce the exploitability of constellation-based PHY layer features and the ability for those features to be practically implemented to enhance CI security. Prior work is extended by formalizing a device ID verification process that …

Stanley Surrey, The Code And The Regime, Reuven S. Avi-Yonah, Nir Fishbien

Articles

Stanley Surrey (1910-1984) was arguably the most important tax scholar of his generation. Surrey was a rare combination of an academic (Berkeley and Harvard law schools, 1947-1961 and 1969-1981) and a government official (Tax Legislative Counsel, 1942-1947; Assistant Secretary for Tax Policy, 1961-1969). Today he is mostly remembered for inventing the concept of tax expenditures and the tax expenditure budget. This paper will argue that while Surrey was influential in shaping domestic tax policy for a generation and had an impact after his death on the Tax Reform Act of 1986, his longest lasting contributions were in shaping the international …

The New Public/Private Equilibrium And The Regulation Of Public Companies, Elisabeth De Fontenay, Gabriel Rauterberg

Articles

This Symposium Article examines how the public/private divide works today and maps out some of the potential implications for major issues in securities law. Classic debates in securities law were often predicated on the idea that public companies are a coherent class of firms that differ markedly from private companies. For more than fifty years after the adoption of the federal securities laws, this view was justified. During that period, the vast majority of successful and growing private firms eventually accepted the regulatory obligations of being public in order to access a wider and deeper pool of capital, among other …

Reconsidering Ross: The Interplay Of Aedpa, Criminal Appeals, And The Right To Counsel, Kimberly A. Thomas

Articles

This piece highlights features of our current law that converge to say that we should reconsider Ross: (1) the utility of counsel on discretionary review, which has been underexplored, both before and after Ross; (2) the increased importance, in modern criminal law, of direct appeals; and relatedly, the U.S. Supreme Court’s interpretation of AEDPA that has moved most of the significant windows for substantive criminal law change into the direct appeal; and, finally, (3) perhaps an increased sliver of doctrinal sunlight in which to think about chipping away at Ross. Given the first two developments, the possible window to think …

In Remembrance Of Anani Dzidzienyo (1941-2020), Tanya K. Hernandez

Faculty Scholarship

No abstract provided.

Certain Effects Of Random Taxes, James R. Hines Jr., Michael J. Keen

Articles

This paper explores the implications of tax rate randomness, identifying circumstances in which revenue-neutral rate variability increases profitability, economic activity, and the efficiency of resource allocation. Furthermore, with heterogeneous taxpayers, tax rate variability is shown to perform an efficiency-enhancing screening function, imposing heavier expected tax burdens on less responsive taxpayers. And while efficient tax randomness enables governments to reduce average costs of taxation, it necessarily increases the marginal cost of taxation over some ranges of expected revenue, so may reduce efficient levels of government spending.

Respecting Autonomy And Enabling Diversity: The Effect Of Eligibility And Enrollment On Research Data Demographics, Kayte Spector-Bagdady, Shengpu Tang, Sarah Jabbour, Nicholson Price, Ana Bracic, Melissa S. Creary, Sachin Kheterpal, Chad M. Brummett, Jenna Wiens

Articles

Many promising advances in precision health and other Big Data research rely on large data sets to analyze correlations among genetic variants, behavior, environment, and outcomes to improve population health. But these data sets are generally populated with demographically homogeneous cohorts. We conducted a retrospective cohort study of patients at a major academic medical center during 2012–19 to explore how recruitment and enrollment approaches affected the demographic diversity of participants in its research biospecimen and data bank. We found that compared with the overall clinical population, patients who consented to enroll in the research data bank were significantly less diverse …

How Much Can Potential Jurors Tell Us About Liability For Medical Artificial Intelligence?, W. Nicholson Price Ii, Sara Gerke, I. Glenn Cohen

Articles

Artificial intelligence (AI) is rapidly entering medical practice, whether for risk prediction, diagnosis, or treatment recommendation. But a persistent question keeps arising: What happens when things go wrong? When patients are injured, and AI was involved, who will be liable and how? Liability is likely to influence the behavior of physicians who decide whether to follow AI advice, hospitals that implement AI tools for physician use, and developers who create those tools in the first place. If physicians are shielded from liability (typically medical malpractice liability) when they use AI tools, even if patient injury results, they are more likely …

Race And The First Amendment: A Compendium Of Resources, Solomon F. Worlds, Leonard M. Niehoff

Articles

This article provides summaries of law review articles and books that consider the complex relationship between racial justice and free speech. It seeks to assist law students, legal scholars, judges, and practitioners to think more deeply about the intersection between these critically important values. It describes scholarship that views these values as complementary, but also scholarship that views them as conflicting.

Recollections Refreshed And Recorded, Leonard M. Niehoff

Articles

Witnesses forget stuff. When they do, the evidence rules give us two tools to help solve the problem. Lawyers call one "refreshed recollection" and the other "past recollection recorded," labels just similar enough to guarantee confusion. Nevertheless, these principles get at very different things and are well worth the effort necessary to distinguish and understand them.

So how do we get there?

Viability Of A Proposed Transparent Fluid Model For Analog Metal Casting Filling Process, Andres Segura Irazoqui

Dissertations and Theses @ UNI

This research work was conducted to develop a proposed transparent fluid model to mimic dross formation and dispersion in metal castings during the mold filling process. The major cause for dross formation includes the air entrainment, surface turbulence, and bubbles, which create oxide films inside the molten metal. The oxide films are trapped inside the casting after solidification causing detrimental effects on the mechanical properties of the casting.

The objective of the investigation was to explore the feasibility using phenolic urethane as a transparent fluid material to investigate air entrainment mechanism. The experimentation consists of the following materials: the phenolic …

Arthropod Fauna Of Plains Pocket Gopher (Geomys Bursarius) Burrow Systems, Brett Lyle Gourley

Dissertations and Theses @ UNI

Pocket gophers are among the most asocial mammals, living a solitary existence except for mating and the rearing of offspring. They create expansive burrow systems underground while foraging for food and rarely surfacing above ground. As gophers burrow, excess soil is pushed to the surface or placed in older tunnels. This behavior creates a cave-like ecosystem where pocket gophers and associated arthropods live.

Few studies have been done on the arthropod fauna cohabitating with pocket gophers in these burrows. Most of these studies have focused on a family of arthropods over several sites. Many have focused on the southern United …

24andmore: Using Genome-Wide Snps To Investigate The Genetic Diversity Of Iowa Walleye (Sander Vitreous) Broodstock, Rachel Ann Mcdonnell

Dissertations and Theses @ UNI

The stocking of Sander vitreus in Iowa waterbodies is one of the primary tools used by the Iowa Department of Natural Resources (DNR) to ensure healthy populations for enjoyable fishing experiences. A substantial amount of time and money goes into this effort, so stocking efficiency is vital. Knowledge of genetic diversity contained in the broodstock increases this efficiency by having a better understanding of which strain will survive and contribute to the fishery in certain environments. The objective of this study is to investigate the genetic diversity of Iowa S. vitreus broodstock to identify genetic ancestry and quantify the genetic …

Jacob Brandenburg Master Of Music Recital Abstract, Jacob Brandenburg

Dissertations and Theses @ UNI

This recital abstract serves as supplemental material to the Master of Music degree recital by Jacob Brandenburg. The recital will take place on March 26, 2021,at 8:00 p.m. Central Standard Time in Bengtson Auditorium at the University of Northern Iowa. Works by composers Paul Hindemith, Ida Gotkovsky, Daniel Asia, and Joan Tower will be performed. Performers Andrea Verburg and Dr. Robin Guy will collaborate with Brandenburg for this recital. In addition to providing musical and historical context, this document will address specific considerations regarding performance practice for each piece.

The Critique And Praxis Of Rights, Bernard E. Harcourt

Faculty Scholarship

The critique of rights has played a crowning role in critical philosophy. From Hegel to Marx, to Foucault and beyond – Duncan Kennedy, Christoph Menke, the contributors to this Symposium – the critique of rights has always represented an essential and inescapable step in the critique of modern Western society. The reason is plain: conceptions of natural rights, human rights, and civil rights have been central to the founding of modern political thought (from Hobbes, Locke, and Wollstonecraft forward), to the birth and flourishing of legal and political liberalism (in Rawls and Habermas), to the establishment of regimes of civil …

Regulating Antitrust Through Trade Agreements, Anu Bradford, Adam S. Chilton

Faculty Scholarship

Antitrust law is one of the most commonly deployed instruments of economic regulation around the world. To date, over 130 countries have adopted a domestic antitrust law. These countries comprise developed and developing nations alike, and combined produce over 95 percent of the world’s GDP. Most of the countries that have adopted an antitrust law have done so since 1990. This period of significant proliferation of antitrust laws also coincides with a notable expansion of international trade agreements, including the creation of the World Trade Organization (WTO) in 1995 and the negotiation of numerous bilateral and multilateral trade agreements. These …

The Healthcare System And Pandemics: Where Is The Market Failure?, Sophia S. Helland, Edward R. Morrison

Faculty Scholarship

Barak D. Richman and Steven L. Schwarcz argue that healthcare providers played a central – and failing – role in stemming the fallout from the COVID-19 pandemic. Analogizing to the financial crisis of 2008, they view our healthcare system as a collection of providers, each maximizing returns to its own stakeholders in a laissez-faire regulatory environment that ignored the essential interconnectedness of providers. Because neither hospitals nor regulators were attuned to this interconnectedness, our healthcare system was unprepared for the pandemic, resulting in a reduced standard of care. Just as Dodd-Frank and related legislation view financial institutions as part of …

Charles Reich And The Legal History Of Privacy, Sarah Seo

Faculty Scholarship

Historians’ interest in Reich offers a case study of the relationship between historical and legal studies. What can legal scholars learn from historians, and what can historians learn from legal scholarship? This Essay will explore these two questions by focusing on Igo’s The Known Citizen since she encountered Reich not with the dual citizenship of a legal historian but as an intellectual historian. I will first highlight what legal scholars can learn from historians by summarizing the main arguments in The Known Citizen. Then, I will provide an alternative legal account to Igo’s history of privacy, which may clear …

Trading Pharma Goods The Wto Legal Framework, Neeraj Rajan Sabitha, Petros C. Mavroidis

Faculty Scholarship

Trading of pharma goods has attracted widespread global attention in the wake of the COVID-19 pandemic. The Agreement on Trade in Pharmaceutical Products (“Pharma Agreement”) – a sectoral agreement between a handful of WTO members – was concluded in 1994 and aimed to eliminate duties on various pharmaceutical products. Nevertheless, this is all that the Pharma Agreement does: it eliminates duties and does not touch upon the regulatory aspects relating to marketing of pharmaceutical goods. WTO members remain sovereign to decide on this score, but must observe the WTO Licensing Agreement as well as nondiscrimination. Thus, while the intensity of …

Appellate Courts And Civil Juries, Adam N. Steinman

Faculty Scholarship

In federal civil litigation, decision-making power is shared by juries, trial courts, and appellate courts. This Article examines an unresolved tension in the different doctrines that allocate authority among these institutions, one that has led to confusion surrounding the relationship between appellate courts and civil juries. At base, the current uncertainty stems from a longstanding lack of clarity regarding the distinction between matters of law and matters of fact. The high-stakes Oracle-Google litigation—which is now before the Supreme Court—exemplifies this. In that case, the Federal Circuit reasoned that an appellate court may assert de novo review over a jury’s verdict …

Presidential Primacy Amidst Democratic Decline, Ashraf Ahmed, Karen M. Tani

Faculty Scholarship

Fifty years ago, when the Harvard Law Review asked Professor Harry Kalven, Jr., to take stock of the Supreme Court’s 1970 Term, Kalven faced a task not unlike Professor Cristina Rodríguez’s. That Term’s Court had two new members, Justices Harry Blackmun and Warren Burger. The Nixon Administration was young, but clearly bent on making its own stamp on American law, including via the Supreme Court. Kalven thus expected to see “dislocations” when he reviewed the Court’s recent handiwork. He reported the opposite. Surveying a Term that included such cases as Palmer v. Thompson, Younger v. Harris, Boddie v. …

Jumping For Joy, Joy Smith Griffin

Books

No abstract provided.

Reimagining Schools’ Role Outside The Family Regulation System, Brianna Harvey, Joshua Gupta-Kagan, Christopher Church

Faculty Scholarship

The United States’ family regulation system often begins with well-intentioned professionals making child protection hotline calls, jeopardizing their own ability to work with families and subjecting the families to surveillance. By the system’s own standards, most of this surveillance leads to no meaningful action. Nowhere is this reality more present than in schools. Educational personnel serve as the leading driver of child maltreatment allegations, yet decades worth of data reveal educator reports of maltreatment are the least likely to be screened-in and the least likely to be substantiated or confirmed. In other words, education personnel — whether motivated by genuine …

Disadvantaged Unincorporated Communities And The Struggle For Water Justice In California, Jonathan K. London, Amanda L. Fencl, Sara Watterson, Yasmina Choueiri, Phoebe Seaton, Jennifer Jarin, Mia Dawson, Alfonso Aranda, Aaron King, Peter Nguyen, Camille Pannu, Laurel Firestone, Colin Bailey

Faculty Scholarship

This article maps a meshwork of formal and informal elements of places called Disadvantaged Unincorporated Communities (DUCs) to understand the role of informality in producing unjust access to safe drinking water in California’s San Joaquin Valley. It examines the spatial, racial, and class-based dimensions of informality. The paper aims to both enrich the literature on informality studies and use the concept of informality to expand research on DUCs and water access. We use socio-spatial analyses of the relationships between informality and water justice to reach the following conclusions: DUCs face severe problems in access to safe drinking water; disparities in …