Digital Commons Network^™

Protecting The Public Domain And The Right To Use Copyrighted Works: Four Decades Of The Eleventh Circuit’S Copyright Law Jurisprudence, David E. Shipley

Scholarly Works

This article is about the importance of the copyright law jurisprudence from the U.S. Court of Appeals for the Eleventh Circuit. This appellate court turns 40 in 2021, and it has rendered many influential copyright law decisions in the last four decades. Its body of work is impressive. This article discusses the court’s important decisions in the following areas: the originality standard; the application of the U.S. Supreme Court’s Feist decision to compilations, directories, computer software, architectural works, and other creative works like movies, photographs, and characters; copyright protection for unfixed works; the scope of the government edicts doctrine; and, …

Popular Enforcement Of Controversial Legislation, Randy Beck

Scholarly Works

Texas opted for popular enforcement of Senate Bill 8 (S.B. 8), prohibiting abortion once a fetal heartbeat can be detected. In an effort to prevent pre-enforcement judicial review, the legislature precluded enforcement of the statute by government officials. Instead, any member of the public may sue for statutory damages of at least $10,000 from any person who (1) performs an abortion violating the statute, (2) knowingly aids or abets such an abortion, or (3) “intends” to perform or aid and abet such an abortion.

The cause of action authorized by S.B. 8 is a “popular action,” a once common method …

Rate Base The Charge Space: The Law Of Utility Ev Infrastructure Investment, Adam D. Orford

Scholarly Works

To fight climate change and support the transition to a zero-emissions transportation sector, the U.S. is setting out to build a huge fleet of electric vehicle (EV) charging stations. But EV charging equipment is expensive, and how to pay for it is not straightforward. This Article explores the emerging law and policy of using the bill payments of millions of electric utility customers to solve the problem. State utility regulators, in obscure technical proceedings, have begun directing billions of ratepayer dollars toward EV chargers. Is this an unfair and risky social spending experiment, as its opponents argue? Or is it …

The Right To Counsel In A Neoliberal Age, Zohra Ahmed

Scholarly Works

Legal scholarship tends to obscure how changes in criminal process relate to broader changes in society at large. This article offers a modest corrective to this tendency. By studying the Supreme Court’s right to counsel jurisprudence, as it has developed since the mid-70s, I show the pervasive impact of the concurrent rise of neoliberalism on relationships between defendants and their attorneys. Since 1975, the Court has emphasized two concerns in its rulings regarding the right to counsel: choice and autonomy. These, of course, are nominally good things for defendants to have. But by paying close attention to how the Court …

Perceptions Of Justice In Multidistrict Litigation: Voices From The Crowd, Elizabeth Chamblee Burch, Margaret S. Williams

Scholarly Works

With all eyes on criminal justice reform, multidistrict litigation (MDL) has quietly reshaped civil justice, undermining fundamental tenets of due process, procedural justice, attorney ethics, and tort law along the way. In 2020, the MDL caseload tripled that of the federal criminal caseload, one out of every two cases filed in federal civil court was an MDL case, and 97% of those were products liability like opioids, talc, and Roundup.

Ordinarily, civil procedure puts tort plaintiffs in the driver’s seat, allowing them to choose who and where to sue, and what claims to bring. Procedural justice tells courts to ensure …

Righting A Reproductive Wrong: A Statutory Tort Solution To Misrepresentation By Reproductive Tissue Providers, Yaniv Heled, Hillel Y. Levin, Timothy D. Lytton, Liza Vertinsky

Scholarly Works

Fraud, misrepresentation, and other unfair trade practices plague the market for human reproductive tissue. The sale of sperm, eggs, and embryos is virtually unregulated in almost all states, and courts have been inhospitable to victims. As a result, children are born with genetic disorders that impose extreme financial and personal hardship. Proposals for direct government oversight have, for the most part, failed to gain traction, and litigation has yielded inadequate remedies.

This Article assesses these problems and proposes model legislation that would eliminate doctrinal obstacles to holding unscrupulous reproductive tissue providers liable. By making it easier for parents to bring …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2021, the United States District Court for the Southern District of Alabama, in an issue of first impression, concluded that the United States is not a "person" under the contribution provision of the Oil Pollution Act (OPA),2 and therefore the provision did not waive the sovereign immunity of the United States. For this and other reasons a plaintiff could not recover in contribution from the United States for the plaintiffs costs of cleaning up an oil spill, even where the plaintiff alleged the spill was the result of the sole negligence of the United States. The United States District …

Race-Ing Antitrust, Bennett Capers, Greg Day

Scholarly Works

Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.

We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …

Tributes To Family Law Scholars Who Helped Us Find Our Path, Thomas Oldham, Paul M. Kurtz

Scholarly Works

At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project. So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members …

Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq

Scholarly Works

International organizations mandated to govern social rights are colliding with international organizations mandated to govern economic development. While disagreeing with the nature of fragmentation and conflict across international organizations, legal and social science scholars offer various proposals to unify global governance. Those proposals assume that unification will come naturally. That assumption is wrong.
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/="/">The distinct legal instruments that govern and control international organizations render conflict inevitable and unification improbable. By closely examining the pandemic-related activities carried out by the International Labor Organization, the World Bank, and the International Monetary Fund in the same 41 countries, the implications of …

The Informed Jury, Daniel Epps, William Ortman

Scholarly Works

The right to a criminal jury trial is a constitutional disappointment. Cases almost never make it to a jury because of plea bargaining. In the few cases that do, the jury is relegated to a narrow factfinding role that denies it normative voice or the ability to serve as a meaningful check on excessive punishment.

One simple change could situate the jury where it belongs, at the center of the criminal process. The most important thing juries do in criminal cases is authorize state punishment. But today, when a jury returns a guilty verdict, it authorizes punishment without any idea …

Shadow Contracts, Jessica S. Jeffers, Anne M. Tucker

Scholarly Works

This project explores side letters in private market funds. Side letters, separate agreements between a fund and an investor, act as an invisible amendment to the main contract. This article introduces a new use case for side letters: impact invest- ments, where funds target social, as well as financial returns. Using a hand-col- lected data set, we examine the scope and role of side letters in this growing space. Side letters as "shadow contracts" demonstrate the Easterbrook/Fischel theories in action, namely that parties "write their own tickets," tailoring agreement terms to their specific needs within the framework of corporate governance …

Prepaid Death, Victoria J. Haneman

Scholarly Works

No abstract provided.

Trapped Between Sovereigns: What's An Ethical Lawyer To Do When Federal, State, Or Local Criminal Laws Conflict?, Sander J. Morehead, James E. Moore, Chesney M. Arend

South Dakota Law Review

No abstract provided.

Federalism, Cannabis, And Public Health: Prohibition Is Wrong, But Raich Is Still Right, Daniel G. Orenstein

South Dakota Law Review

No abstract provided.

21st Century Voter Initiatives In South Dakota: The Gun Behind The Door, Michael Card

South Dakota Law Review

No abstract provided.

“I Kind Of Pushed Back”: Efficiency And Urgency In A No-Excuses Writing Curriculum, Katie Nagrotsky

Education Faculty Publications

Drawing on the concept of structuring contexts (Berchini, 2016) this article explores a white teacher’s understanding of teaching writing in a no-excuses charter management organization network. Through a deductive analysis, the author traces how the teacher’s beliefs about language were shaped by the CMO’s emphasis on efficiency, influencing how he acted on and adapted centralized curriculum and assessment practices. Documenting the ways that whiteness works within the writing curriculum and assessment practices despite stated broader organizational commitments to culturally relevant teaching, the author shows how the curriculum appropriated texts written by People of Color while the assessment practices prioritized correctness …

Leaving “Sex” Out Of It: Amending The Federal Arbitration Act To Ensure Bostock’S Victory For Lgbtq Employee Rights, Sheya Rivard

Roger Williams University Law Review

No abstract provided.

The Wild West Of Data Privacy: Why Rhode Island Needs To Enact Comprehensive Legislation To Protect Consumers’ Data, Candace Quinn

Roger Williams University Law Review

No abstract provided.

Kumble V. Voccola, 253 A.3d 1248 (R.I. 2021), Aryamen Andrew Omshehe

Roger Williams University Law Review

No abstract provided.

Investigations On Some Aerobic Bacterial Agents Isolated From Heifers At The Beginning Ofthe First Lactation, Tuncay Çökülgen, Uçkun Sai̇t Uçan

Turkish Journal of Veterinary & Animal Sciences

In this study, it was aimed to identify the predominant coagulase-negative staphylococci (CNS) species in subclinical, clinical, and persistent infections in Konya province, to determine various virulence and resistance mechanisms of CNS species within the agelactation level. The research has been carried out in a dairy herd that is free from brucellosis and tuberculosis and uses an automated herd management system. Thirty-two heifers at the beginning of lactation with milk yields of more than 20 liters have been observed in terms of udder infections during the first 1-4 months of lactation. The prevalence of intramammary infections (IMI) and of CNS-caused …

Changes In Serum Pon1 Activity, Gene Expression And Their Association With Lipid Profile Parameters In Healthy Darehshori Neonatal Foals: A Preliminary Study, Rouzbeh Razavi Dehkordi, Gholam Ali Kojouri, Behnaz Karimi, Ali Mohammad Ahadi

Turkish Journal of Veterinary & Animal Sciences

Paraoxonase 1 (PON1) contributes to the antioxidant mechanisms that prevent lipoprotein oxidation and act as a negative acute-phase protein. This study aimed to evaluate changes in serum PON1 activity, the leukocyte PON1 gene expression, as well as lipid profile tests (LDL, HDL, triglyceride, and cholesterol) in 16 healthy Darehshori newborn foals up to 60 days of life. Blood samples were collected at 1, 7, 15, 30, and 60 days used for detecting biochemical parameters, PON1 activity, and, and its gene expression, using realtime RT-PCR. Low levels of PON1 activity were observed at birth, which increased significantly with increasing age at …

Early Maturing Out Of Problematic Alcohol Use, Sarah J. Peterson

Theses and Dissertations--Psychology

Most research suggests that alcohol use peaks in the college years then declines into the mid-thirties (Jochman & Fromme, 2010). However, there is evidence that some individuals mature out earlier: downward trends for some individuals begin in college, with as many as one third of students decreasing their drinking (Baer et al., 2001). It is crucial to identify factors that differentiate those who decrease their drinking early from those who persist in high levels of consumption; doing so would clarify risk for college-related alcohol problems and perhaps subsequent alcohol use disorder, and aid in earlier targeted prevention and intervention. This …

Role Of Prior Knowledge In Timing Of Computer-Generated Feedback, Julie Faye Shirah

Theses and Dissertations--Psychology

Although often helpful, feedback sometimes has neutral or negative effects on learning (Hattie & Timperley, 2007; Kluger & DeNisi, 1996). For example, Fyfe and colleagues have found that the effects of feedback timing are moderated by students’ prior knowledge such that feedback has been useful for students with low prior knowledge, but has mixed effects on students with high prior knowledge (e.g., Fyfe et al., 2012; Fyfe, 2016). In this study, I extended Fyfe’s work by re-conceptualizing prior knowledge as knowledge of more familiar foundational concepts a learner brings to a learning task (Sidney & Alibali, 2017), which can be …

Mild Cognitive Impairment In Presurgical Deep Brain Stimulation For Parkinson's Disease, Elizabeth Roslyn Wallace

Theses and Dissertations--Psychology

Although clinically characterized by motor impairments, Parkinson's disease (PD) often affects cognition early in the disease course. Cognitive changes common in PD include visuospatial abnormalities and prominent executive function (EF) deficits, with 30% of individuals eventually developing Parkinson’s disease dementia (PDD). Mild cognitive impairment (MCI) has been identified as a transitional state between normal cognition and PDD. A large cohort of individuals with PD at the Kentucky Neuroscience Institute have undergone pre-surgical evaluations for deep brain stimulation, although cognitive performance in this cohort has never been probed. Baseline cognitive performance of this cohort from 2017-2020 was examined to characterize the …

Development And Cross-Validation Of Personality Assessment Inventory Decision Rules For The Identification Of Psychogenic Nonepileptic Seizures, Chelsea Marie Bosch

Theses and Dissertations--Psychology

The published literature on the Personality Assessment Inventory (PAI) for psychogenic nonepileptic seizure (PNES) diagnosis includes a variety of interpretation methods to distinguish PNES from epileptic seizures (ES) and offers mixed findings. The purpose of this study was to use a cross-validation approach to create and derive new decision rules for the PAI to best differentiate PNES from ES. Data from 773 patients (PNES n = 328, ES n = 445) who underwent long-term video EEG (vEEG) monitoring and completed a PAI were examined. Individuals with invalid PAI profiles were removed, and patients were randomly assigned to the “development” group …

Mental Health In The Courtroom: How Victim Mental Illness Impacts Juror Decision-Making In A Rape Case, Mary M. Levi

Theses and Dissertations--Psychology

The influence of mental illness on jury decision-making has rarely been investigated, and even fewer studies have examined how jurors perceive a victim with mental illness. The present study investigated the effect of victim mental illness on jury decision-making in a rape trial using a 3 (victim mental health status: schizophrenia, depression, no illness) x 2 (participant gender: female, male) between-subjects design. I hypothesized that mock jurors would render fewer guilty verdicts in the schizophrenia condition compared to the depression condition, and render fewer guilty verdicts in the schizophrenia and depression conditions compared to the control. I also hypothesized that …

"Think Of The Situation In A Positive Light": A Look At Cognitive Reappraisal, Affective Reactivity And Health, Jessica Chloe Maras

Theses and Dissertations--Psychology

How individuals regulate their emotions is critical for maintaining health and well-being. For example, reframing a stressful situation in a positive light, a form of cognitive reappraisal, is beneficial for health and well-being outcomes. However, it is currently unclear why this relationship exists. One potential mechanism could be how one emotionally reacts to stressors in daily life, termed affective reactivity. The current study examined longitudinal associations that spanned 20 years between cognitive reappraisal and health outcomes and subjective well-being and if affective reactivity mediated this relationship. Participants completed waves 1-3 of the Midlife in the United States (MIDUS) Survey series …

Effects Of An Online Insomnia Intervention On Sleep And Alcohol Consumption, Justin Verlinden

Theses and Dissertations--Psychology

Alcohol use disorder (AUD) and insomnia are highly comorbid, due in part to the use of alcohol as a sleep aid among individuals with insomnia. Initial studies have shown that cognitive behavioral therapy for insomnia (CBT-I), the first-line treatment for insomnia, is moderately successful at improving both sleep and drinking outcomes in heavy drinkers with insomnia. However, CBT-I is expensive and not widely available. Online CBT-I could be a more accessible alternative. One online CBT-I program, Sleep Healthy Using the Internet (SHUTi), is especially promising due to its high efficacy in treating insomnia and its individualized and interactive platform. Here …

Examining The Impact Of Discrete And Contextual Stress Factors On Memory, Jillian Rae Silva-Jones

Theses and Dissertations--Psychology

Stress is a complex and multifaceted process which is often not perceived as such. Therefore, given the unidimensional conceptualization of stress in previous research the current understanding of the associations between stress and memory are not well understood. This study investigates the association between stress and memory by capturing the complexity of stress through discrete and contextual stress factors. The current study used ecological momentary assessment (EMA) and geocoded indices (i.e., zip codes) of population density (i.e., urbanicity) and deprivation (socioeconomic disadvantage) in a large and diverse sample of U.S. participants (N = 8817) to examine the relationship between …