Digital Commons Network^™

Brains Without Money: Poverty As Disabling, Emily R. Murphy

Faculty Scholarship

e United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the “deserving” and “undeserving” poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals are assumed to be at fault for their disadvantage and are therefore less deserving of aid. This Article argues that recent advances in brain and behavioral science undermine the factual basis for those assumptions. Poverty inhibits brain development during childhood and, later in life, adversely affects cognitive capacities that …

Egg-Freezing, Uterine Transplants, And In Vitro Gametogenesis: Disruptive Or Normalizing Reproductive Technologies?, Radhika Rao

Faculty Scholarship

In the last year, headlines have heralded the introduction of several radical new technologies that promise to revolutionize procreation and transform our understanding of reproduction. In March 2021, for example, scientists revealed that mouse embryos had been grown in" artificial wombs" for 11 days, roughly half the animal's natural gestation period. According to Jacob Hanna, the biologist at the Weizmann Institute of Science in Israel who led the research team: "This sets the stage for other species. I hope that it will allow scientists to grow human embryos until week five." At the same time, two groups of researchers reported …

Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez

Faculty Scholarship

Social movements use legal tools to create narratives. Those narratives support social agendas which certain movements leverage to mislead their followers and potential followers. In this Article, we examine one influential anti-vaccine organization, the Informed Consent Action Network (ICAN), that uses its far-reaching platform to create false narratives around legal action. Again and again, this anti-vaccine group misrepresented both the legal and the factual meanings of court decisions, settlements, and other legal actions to create a narrative to galvanize its followers and influence newcomers. ICAN filed lawsuits that make anti-vaccine arguments—even when the legal framework did not fit doing so—and …

Drafting Agricultural Legislation, Jessica Vapnek

Faculty Scholarship

"Agricultural legislation” is an umbrella term that covers a broad range of topics, including food, veterinary matters, plant protection, seeds, forestry, fisheries, water, and land. Agricultural legislation also intersects with other discrete subject areas, including environment, health, and trade. Because of these interconnections the borderlines – where agriculture begins and these related topics end – are debatable. How different countries view agriculture varies significantly. In the developed world, agriculture is mostly a commercial enterprise, and “agricultural law” is considered largely to apply to the business of agriculture, including agricultural finance, supply chains, marketing, insurance (crop, drought, pest), real estate, intellectual …

Regulating Democratized Investing, Abraham Cable

Faculty Scholarship

Robinhood and its imitators activated millions of new investors. Perhaps we should applaud them for finally resurrecting the retail investor after a decades-long decline. There are, however, reasons for concern. Robinhood racked up record fines in the run-up to its IPO. Its users are young, inexperienced, and prone to speculating in risky investments. Given these concerns, this Article considers how to protect this new class of “ultra-retail investors” while also leaving regulatory breathing room for these new market participants. It concludes that many current regulatory approaches risk being ineffectual or stamping out ultra-retail investing altogether by targeting product features that …

The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks

Faculty Scholarship

Scholars often presume that administrative dysfunction is a deviation from the norm of regularity in administrative law. This presumption is reinforced by courts who defer to agencies on the basis of a legal fiction of idealized regularity. In reality, irregularities are common in policymaking and they make agencies vulnerable to dysfunction. Irregularities are not bugs, but features of the administrative state. Sometimes, a national emergency makes political influence unavoidable and urges departures from usual regulatory processes. At other times, however, the framing of a problem as a national emergency is a pretextual justification to pursue a pre- determined political goal …

Colorblind Nationalism And The Limits Of Liberalism, Ming Hsu Chen

Faculty Scholarship

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …

Advertising Medicine: Selling The Cure, Robin Feldman

Faculty Scholarship

Although most countries forbid advertising medicine to patients, “direct-to- consumer advertising” has flourished in the United States over the past century. Research shows that the practice prompts inappropriate prescriptions and disadvantages generic competitors, leading to adverse drug reactions and increased prescription drug spending. Nevertheless, a comprehensive regulatory system for direct-to-consumer advertising continues to escape the grasp of policymakers. Regulatory authority has bounced between the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA), where primary jurisdiction now resides. Since the FDA assumed responsibility, the agency’s only major regulatory initiative has been to minimize disclosure requirements for advertisements. Enforcement …

Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia Gonzalez, Rebecca Epstein

Faculty Scholarship

Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in educa- tion practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the em- pirical evidence that has been gathered on school-based restora- tive justice has framed and named RP as a behavioral interven- tion aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is …

Trade Secrets In Biologic Medicine: The Boundary With Patents, Robin Feldman

Faculty Scholarship

Can something be both open and secret? That is the conundrum facing society as trade secret rights chafe against patent rights in cutting-edge, biologic medicine. The conflict is unsurprising. Trade secret has emerged as a relatively late bloomer among the family of intellectual property rights and only recently has begun to establish the boundaries of its own space, a process in which it will inevitably knock against other intellectual property doctrines already occupying their own domains. Nor is it surprising that the clash would arise in a fast-moving area of medical science. From insulin products, to cancer treatments, to mRNA …

Secrecy Creep, Christina Koningisor

Faculty Scholarship

Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on federal secrecy, rarely exploring secrecy in other contexts. This Article addresses this gap. It turns its attention to state and local government secrets, applying the lens of federal secrecy to the subfederal regime. In doing so, it identifies a troubling new development in state and local law: the migration of powerful federal secrecy protections, initially developed to shield the national security state, into the state and local context. I refer to this process as “secrecy creep.” By illuminating the architecture …

Imagining White Victims And Punishing Black Trauma: Whiteness, Anti-Blackness, Trauma, And Social Work In Canadian K-12 Schools, Christine Mayor

Theses and Dissertations (Comprehensive)

This study critically examined how whiteness and anti-Blackness structure Canadian school social workers’ understanding and responses to students’ expressions of trauma in K-12 schools. Very few studies have previously explored the damage that increasingly popular trauma-engaged school programs may be doing, particularly to Black students. Therefore, this study addressed the role that school social workers play in reproducing harm for racialized, and especially Black, students when implementing trauma-engaged practices.

This critical qualitative study used an innovative methodology combining fictional vignettes and semi-structured interview questions with Ontario school social workers (n=19). Data were analyzed using critical whiteness, anti-Blackness, and critical trauma …

Influence Of Dissolved Organic Matter On Phosphate Interactions With Hydrous Ferric Oxides, Alaa Hasan Alsherbi

Theses and Dissertations (Comprehensive)

Phosphorus, iron oxides, and dissolved organic matter (DOM) are components present in all aquatic systems. Excess amounts of phosphorus in aquatic systems have the potential for toxic effects, in particular, contributing to eutrophication. Most of the previous studies performed looked at the surface complexation of inorganic phosphate anions (P) to mineral surfaces such as hydrous ferric oxide (HFO). However, the role of DOM on the interactions between HFO and P is unknown. This study investigates the influence of DOM on the surface complexation of P onto HFO surfaces. Moreover, this study looks at the possibility of cation bridging formation (Ca …

Loose Coupling, Burden Shuffling, And Pervasive Penality: The Role Of Bylaw Enforcement In Managing Homelessness, Natasha Martino

Theses and Dissertations (Comprehensive)

In Canada, over 235,000 people experience homelessness per year. The COVID-19 pandemic has increased the visibility of homelessness and the use of homeless encampments across Ontario. As visibility has increased, so too have community members’ expectations to manage homelessness or find a solution to minimize the visibility of homelessness. While there has been some scholarship about the police management of homelessness, far less is known about the role of bylaw enforcement. Yet, bylaw officers play a critical role in responding to homelessness due to their increasing responsibility for enforcing municipal bylaws and COVID-19 public health mandates, such as stay at …

The Surprising Virtues Of Data Loyalty, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …

Defending The Defenders: Why Bureaucratic Independence Is A Necessary Supplement To Judicial Defense Of Democracy The Specter Of Dictatorship: Judicial Enabling Of Presidential Power, Andrea Scoseria Katz

Scholarship@WashULaw

A familiar story is being observed in countries ranging from Brazil to Australia, the United States, and Poland, as elected executives deploy a populist threat narrative to politicize the rule of law and entrench themselves in power. Out of the academy, a growing literature on democratic “backsliding” or “decline” proposes a menu of “guardrails” for shoring up democracy from gradual collapse. Broadly, these guardrails fall under two headings: I call one judicial, the other bureaucratic. The former looks to the power of judicial review, under which courts may invalidate enactments that threaten, not just the Constitution, but the very democratic …

Revisiting America's Guardrails The Constitution And Democratic Erosion Symposium, Andrea Scoseria Katz

Scholarship@WashULaw

A familiar story is being observed in countries ranging from Brazil to Australia, the United States, and Poland as elected executives deploy a populist threat narrative to politicize the rule of law and entrench themselves in power. Out of the academy, a growing literature proposes a menu of “guardrails” for shoring up democracy from backsliding or decline. Some see guardrails in society and culture, calling for rebuilding civic norms of tolerance. Others call for stricter rules in administering elections, to prevent undue influence. Others call for greater judicial intervention, tasking courts with striking down enactments that threaten the constitution or …

No New Tax Cuts? Examining The Rescue Plan's New State Tax Limits, Conor Clarke, Edward Fox

Scholarship@WashULaw

In this article, Clarke and Fox examine the American Rescue Plan Act’s restrictions on state tax cuts, arguing that the restrictions are a variation on more familiar maintenance-of-effort provisions. These provisions are common, and are designed to help ensure that federal grants supplement rather than supplant state spending by requiring the state to maintain its level of spending on a program. Clarke and Fox conclude that the Rescue Plan’s requirements create similar incentives, and argue that the similarity makes it more likely that the act’s tax provisions are consonant with the Constitution’s spending clause.

Do Social Movements Spur Corporate Change? The Rise Of 'Metoo Termination Rights' In Ceo Contracts, James Hicks, Rachel Arnow-Richman, Steven Davidoff Solomon

Scholarship@WashULaw

Do social movements spur corporate change? This Article sheds new empirical and theoretical light on the issue through an original study of executive contracts before and after MeToo. The MeToo movement, beginning in late 2017, exposed a workplace culture seemingly permissive of high-level, sex-based misconduct. Companies typically responded slowly and imposed few consequences on perpetrators, often allowing them to depart with lucrative exit packages. Why did companies reward rather than penalize bad actors, and has the movement disrupted this culture of complicity?

The passage of time since the height of the movement allows us to investigate these issues empirically, using …

The Rise And Fall Of Cryptocurrency: The Three Paths Forward, Joel Seligman

Scholarship@WashULaw

In a crash reminiscent of the 1929-1933 Stock Market crash in which prices on the New York Stock Exchange fell 83 percent between September 1929 and July 1932 or the 2007-2009 Financial Debacle in which the Dow Jones Industrial Average declined 54 percent between October 9, 2007 and March 9, 2009, crypto market capitalization fell 61 percent between November 2021 and May 2022, collapsing from an aggregate value of $2.9 trillion to $1.24 trillion. Bitcoin, the leading cryptocurrency which in late 2021 traded near $68,000 in November 2021 traded as low as $25,402 on May 10, 2022 (a decline of …

The New Bailments, Danielle D'Onfro

Scholarship@WashULaw

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …

Reframing The Question: Why Chevron - And Not A One-Size-Fits-All Interpretation Of “Substantially The Same” - Should Guide A Court’S Interpretation Of The Congressional Review Act’S Limitations On Future Rulemaking, Andrew Landolfi, Carly L. Hviding

Campbell Law Review

The Congressional Review Act (the CRA) is a Congressional oversight tool used to overturn rules issued by federal agencies. Beyond the immediate effect of blocking an undesirable agency rule, the CRA bars an agency from issuing another rule in “substantially the same form” as the disapproved rule. But the scope of this provision’s future effect on agency rulemaking remains unclear: the statute is silent as to what criteria should be considered in evaluating whether or when a subsequent rule falls into the “substantially the same” category, and the provision has gone untested in court. Rather than proposing a uniform interpretation …

Redefining “Misinformation,” “Disinformation,” And “Fake News”: Using Social Science Research To Form An Interdisciplinary Model Of Online Limited Forums On Social Media Platforms, Audrey C. Normandin

Campbell Law Review

“Misinformation,” “disinformation,” and “fake news” have spread division and contention through online social media platforms, resulting in adverse effects to various areas of science, politics, and public health. This Comment takes a deeper look into the underlying motivations and beliefs behind this phenomenon by presenting a cohesive summarization of the empirical evidence gained from social science research. These terms are reclassified as “conflicting information” to deemphasize the considerations of fact or fiction and emphasize the empirical data showing these terms are social signifiers connotating “in-group” and “out-group” divisions. After developing this backdrop of social science research, the current legal proposals …

Movement Probabilities Of Bigheaded Carps (Hypophthalmichthys Spp.) In The Illinois River Estimated From Markov Chain Monte Carlo Methods, A. A. Coulter, M. K. Brey, M. Lubjeko, J. L. Kalis, D. Coulter, D. C. Glover, G. W. Whitledge, J. E. Garvey

NRM Departmental Data Sets

Previously published work used program MARK to estimate parameters for multistate models for Bighead Carp (Hypophthalmichthys nobilis) and Silver Carp (H. molitrix) (Coulter et al. 2018) movements in the Illinois River. Multistate models estimate transition probability (psi), survival probability (S), and detection probability (p) and models with those parameters varying by state and time (state*time), just state (state), just time (time), and neither (.) were evaluated for each species (Coulter et al. 2018). Using the format of the top model for each species identified in Coulter et al. (2018), Markov Chain Monte Carlo (MCMC) methods were …

Project-Based Learning In Non-Traditional Settings In Engineering Education, Mary Foss

Electronic Theses and Dissertations

The purpose of this study is to examine the effectiveness of utilizing the principles of Project-based learning (PJBL) in nontraditional settings in engineering education. There is ample literature related to the usage of PJBL techniques in engineering education but there are also challenges with incorporating PJBL within the curriculum. It is the aim of this dissertation to build upon this understanding of the advantages and limitations of PJBL in engineering education and identify areas within the existing body of knowledge in which more research is needed. This dissertation divides this topic into 4 sub-topics. The first sub-topic explores how PJBL …

Punitive Surveillance, Kate Weisburd

Faculty Scholarship

Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone tracking, and suspicionless searches of electronic devices—is often touted as a humane substitute for incarceration. This type of monitoring, which I term “punitive surveillance,” allows government officials, law enforcement, and for-profit companies to track, record, search, and analyze the location, biometric data, and other meta-data of thousands of people on probation and parole. With virtually no legal oversight or restraint, punitive surveillance deprives people …

Dual Federalism, Constitutional Openings, And The Convention On The Rights Of Persons With Disabilities, Benjamin Barsky

Faculty Scholarship

The Convention on the Rights of Persons with Disabilities (“CRPD”) represents a historic achievement for the global disability rights movement. Yet, when the U.S. Senate refused to ratify it on December 4, 2012, its influence on American law and policy seemed doomed. The Founders, after all, had conceived of a constitutional vision where the federal government acts as the ultimate arbiter of questions of international policy. Under this vision of “dual federalism”—which dominated how the legal profession understood U.S. involvement in foreign affairs for over a century—only the federal political branches have the power to make and implement international laws …

The Effect Of Resource Scarcity On Consumer Ethical Behavior, Todd C. Haderlie Jr, Jaehoon Lee

AMTP Proceedings 2022

We identify a novel relationship between scarcity and ethical behavior. When resource scarcity is made salient, consumers engage in less ethical behavior. Furthermore, the effect of resource scarcity on ethical behavior is stronger for consumers with high (vs. low) levels of the inclusion of others in the self (IOS).

Search Strategies For "Settings And Components Of Comprehensive Childhood Asthma Care Models: A Scoping Review", Alamelu Udayappan, Bibhusha Karki, Aislinn C. Rookwood, Cynthia M. Schmidt, Chad Abresch

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.

Search Strategies For "Agricultural Exposures And Risk Of Childhood Neuroblastoma: A Systematic Review And Meta-Analysis", Emma Hymel, Abraham Degarege, Jordan Fritch, Evi A. Farazi, Krishtee Napit, Don W. Coulter, Cynthia M. Schmidt, Shinobu Watanabe-Galloway

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.