Digital Commons Network^™

Extraordinary Writ Or Ordinary Remedy? Mandamus At The Federal Circuit, Jonas Anderson, Paul R. Gugliuzza, Jason Rantanen

Utah Law Faculty Scholarship

Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule. Mandamus permits a litigant who is dissatisfied with a lower court ruling to obtain immediate reversal if, among other things, the ruling was indisputably wrong and the party seeking mandamus has no other way to get relief. This exacting standard stems from mandamus’s origin as one of the common law’s “extraordinary” writs. Federal courts of appeals typically issue mandamus once or twice per year at most. 

In patent cases, however, mandamus is a remarkably ordinary form of …

Campus-Wide Student Learning Assessment: Campus Student Learning Outcomes, Academic Year 2021-2022, University Of Minnesota-Morris

Institutional Effectiveness and Research Reports

No abstract provided.

Closing The Achievement Gap Among Foster Care Children, Ralph Cheriza

Graduate Student Dissertations, Theses, Capstones, and Portfolios

In recent years, the legal landscape has changed to support a framework that guarantees educational stability to foster care students as a subgroup facing myriad adverse developmental outcomes and risk factors that impede academic achievement. In 2013, California has discovered an invisible achievement gap among this distinct subgroup with unrecognized and unmet educational needs. Nationwide, the trend has not been different, prompting a need to get insight into the school setting in Florida to meet the needs of foster care students.

The literature review has suggested that foster care students remain invisible to teachers and have unmet, unstudied, and unrecognizable …

Breaking The Cycle: Effects Of Classroom-Based Behavior Interventions On Disproportionate School Discipline, Gregory L. Murphy Jr.

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Disproportionality in school discipline has plagued our nation since the 1970s. Numerous studies have covered this from various viewpoints. However, the level of disproportionality has continued to grow throughout the years. This study looks deeper into the nationwide issue and examines the impact of classroom-based behavior interventions on school discipline after implementing a required intervention form. This study applied the mixed method approach for research and used archival data from the year before the implementation of the mandated intervention form and the third year after implementation, which is also pre-covid. Phase two included the data results from phase one to …

Estimation Of The Capacity Of A Basic Freeway And Weaving Segment Under Traditional, Autonomous, And Connected Autonomous Vehicles, Using Oversaturated Traffic Condition Data, Niloy Saha

Civil and Environmental Engineering

Autonomous vehicles (AVs) and connected autonomous vehicles (CAVs) will be the standard in transportation in the future. The use of such vehicles could minimize traffic oscillation and travel time and boost safety and mobility on freeways. An AV is a self-driving vehicle that can make decisions by itself in any situation. CAVs include all the characteristics of AVs and additional communication with other vehicles or the infrastructure (signal system). The use of AVs and CAVs will substantially increase motorway capacity in upcoming decades. Moreover, vehicle dynamics will change as technology and algorithms become more commonplace. In the short term, capacity …

Privacy Pretexts, Rory Van Loo

Faculty Scholarship

Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Platforms like Amazon, Facebook, and Google wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by saying they must protect sensitive customer data. In these and other ways, the private sector is exploiting privacy to avoid competition and accountability. This Article highlights the breadth of privacy pretexts and uncovers their moral structure. Like most pretexts, there is an element of truth to the claims. …

Civil Rights Catch 22s, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.

I refer to …

The 1876 Election: A Fictionalized Account, Jack M. Beermann

Faculty Scholarship

After the 1985 death of Robert Todd Lincoln Beckwith extinguished the Lincoln line a lengthy manuscript, containing this episode, was found among his papers. The manuscript was inscribed with these words: “This is a history of what might have been. Real places and names have been used but many of the details, including widely-known events and personalities, have been fictionalized. My hope is that someday, many years from now, historians might discover this manuscript and become confused.” The identity of the author is not revealed.

This is a fictionalized version of the Electoral Commission’s proceedings and the proceedings in Congress …

Interpretation, Remedy, And The Rule Of Law: Why Courts Should Have The Courage Of Their Convictions, Ronald A. Cass, Jack M. Beermann

Faculty Scholarship

The Supreme Court’s decision in United States v. Arthrex opens a window on a set of issues debated in different contexts for decades. These issues—how to interpret statutes and constitutional provisions, what sources to look to, whether so far as possible to adopt interpretations that avoid declaring actions of coordinate branches unconstitutional, and where such actions are deemed to have been unconstitutional whether to provide remedies that cabin the most significant implications of such a declaration—go to the heart of the judicial role and the division of responsibilities among the branches of government.

Our principal focus, however, is on the …

Ms. Attribution: How Authorship Credit Contributes To The Gender Gap, Jordana Goodman

Faculty Scholarship

Misattribution plagues the practice of law in the United States. Seasoned practitioners and legislators alike will often claim full credit for joint work and, in some cases, for the entirety of a junior associate’s writing. The powerful over-credit themselves on legislation, opinions, and other legal works to the detriment of junior staff and associates. The ingrained and expected practice of leveraging junior attorneys as ghost-writers is, to many, unethical. But it presents a distinct concern that others have yet to interrogate: misattribution disparately impacts underrepresented members of the legal profession.

This Article fills that space by offering a quantitative analysis …

Who Benefits?: How The Aia Hurt Deceptively Non-Joined Inventors, Jordana N. Goodman

Faculty Scholarship

Congress enacted the America Invents Act (“AIA”) to bolster economic development, sustain American innovation, and protect American jobs. This pro-business legislation, however, overlooked one actor critical to any successful innovation endeavor: the inventor. The AIA created access barriers, preventing inventors from efficiently and effectively seeking the entire remedy spectrum to which they are entitled. Paul Morinville and others have opined that the new first-to-file system put small inventors out of business, naming the AIA the single worst disaster in the history of the U.S. patent system. Beyond the filing and subject matter changes, the AIA created fundamental access to justice …

Homography Of Inventorship: Dabus And Valuing Inventors, Jordana Goodman

Faculty Scholarship

On July 28, 2021, the Device for the Autonomous Bootstrapping of Unified Sentience ("DAB US") became the first computer to be recognized as a patent inventor. Due to the advocacy of DAB US's inventor, Dr. Stephen Thaler, the world's definition of "inventor" has finally fractured - dividing patent regimes between recognition of machine inventorship and lack thereof This division has sparked many scholarly conversations about inventorship contribution, but none have discussed the implications of a homographic inventorship.

This Article addresses the implications of international homographic inventorship - where countries have different notions and rules concerning patent inventorship - and the …

Esg And Private Ordering, Michal Barzuza, Quinn Curtis, David H. Webber

Faculty Scholarship

Easterbrook and Fischel’s seminal book The Economic Structure of Corporate Law has taught us the crucial role of markets in shaping the corporate contract. With the rise of ESG, the nature of that contract is changing, but the importance of markets (and of their limitations) is not. In this piece, building on our previous work that traces the remarkable growth of ESG to a shift in demand, primarily, but not solely, among millennials, we discuss the role of markets in shaping ESG, as well as their limitations. The rise of social values, and the increasing willingness of millennials to act …

Escaping The Allure Of Joint Employment: Using Fault-Based Principles To Impose Liability For The Denial Of Employee Statutory Rights, Michael C. Harper

Faculty Scholarship

Using joint employment alone to impose liability requires an extension of the strict imputed liability theory embodied in respondeat superior. Employers, including incorporated businesses, under the common law are strictly liable for harms to their employees, as they are for harm to third parties, because of actions of their agents or other employees taken within the scope of their employment. The liability is strict because it does not depend on a finding that the employer, the principal, was negligent or otherwise at fault. Expanding liability through joint employment, even if based on a demonstration of joint control of statutorily protected …

Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore

Faculty Scholarship

In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?,¹ Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers;² and (2) who will regulate class action lawyers?³ I, too, focused on lawyers' conflicts of interest; however, Professors Green and Kent focus even more specifically on conflicts arising from class counsel's simultaneous representation of both the class and individual clients who are serving or will serve as class representatives. Their concern is with three particular scenarios in which the class …

Seila Law: Is There A There There?, Jack M. Beermann

Faculty Scholarship

In Seila Law LLC v. Consumer Financial Protection Bureau, the Supreme Court, in an opinion by Chief Justice John Roberts, invalidated the provision of the Dodd-Frank Act restricting the president's removal of the director of the Consumer Financial Protection Bureau (CFPB) to cases of "inefficiency, neglect of duty, or malfeasance in office." The Court's decision leaves the director subject to removal by the president for any reason or no reason at all.

This Essay on the Seila Law decision makes three points. First, because there is no legal or historical support for the Court's distinction between independent agencies headed …

Unraveling The Web Of Legal Protection: Race, Police Misconduct, And The Favorable Termination Rule, Jasmine Gonzales Rose, Caitlin Glass, Neda Khoshkhoo

Faculty Scholarship

The murder of George Floyd raised greater awareness of the pervasiveness of racialized police violence in the United States. Advocates, activists, and concerned policymakers have drawn attention to legal barriers that prevent accountability for police who kill and abuse Black, Indigenous, and other people of color (“BIPOC”), such as qualified immunity. However, the true extent of the legal system’s protections regarding racialized police misconduct remains unrecognized. A key example of this is the favorable termination rule, which many jurisdictions have interpreted as imposing an “indications-of-innocence” standard. This standard, in numerous instances, serves as a procedural loophole that prevents civil rights …

Why Glucagon Matters For Hypoglycemia And Physical Activity In Individuals With Type 1 Diabetes, Sheri R. Colberg

Human Movement Studies & Special Education Faculty Publications

No abstract provided.

Misdemeanor And Felony Diversion Program Success, Nicole M. Teske

All-Inclusive List of Electronic Theses and Dissertations

Previous research has demonstrated that individuals who commit crimes and have mental health concerns tend to do worse while incarcerated. For this reason, mental health diversion programs were created. These programs provide individuals with the necessary treatment and resources so they can be more successful living in the community. These programs often differ in terms of program requirements, and the impact of offender variables on outcomes are often inconsistent. The current study examined two mental health diversion programs in a rural community to examine the relation between offender gender, mental health diagnosis, and charge level in predicting program success and …

Using The Thematic Apperception Test As A Tool For Measuring Attachment In Clinical Settings, Audra Biermann

All-Inclusive List of Electronic Theses and Dissertations

Despite the frequency with which clinicians utilize principles of attachment theory in their work with patients, formal assessment of attachment is relatively uncommon in clinical settings (Burke et al., 2016). This is perhaps owing to a lack of familiarity with or accessibility to available attachment measures, many of which were developed primarily for research rather than clinical purposes. One instrument which may represent a useful tool for measuring attachment in clinical settings is the Thematic Apperception Test (TAT; Murray, 1936/1971), a projective measure of personality with widespread familiarity among clinicians. Although the TAT was not developed specifically as a measure …

Academic Integrity At The Graduate Degree Level: Graduate Student Perspectives On Academic Integrity And Institutional Policies, Jamie Lynn Haney

All-Inclusive List of Electronic Theses and Dissertations

Academic integrity research has focused heavily on undergraduate students and indicates that students around the globe are unsure about the concept of academic integrity and the dishonest behaviors that can lead to penalization (Gullifer & Tyson, 2014; Ramzan et al., 2012). The limited literature focused on graduate students indicates they desire additional training on academic integrity to understand and meet institutional expectations (Asim et al., 2015; Atkinson et al., 2016; Bretag et al., 2014; Di Pierro, 2011; East & Donnelly, 2012; Leonard et al., 2015; Thompson et al., 2017). This qualitative phenomenological study examined graduate student perspectives of academic integrity …

Understanding, Promoting And Supporting Lgbtqi+ Diversity In Legal Education, Aidan Ricciardo, Shane L. Rogers, Stephen D. Puttick, Natalie Skead, Stella Tarrant, Melville Thomas

Research outputs 2014 to 2021

Australian law schools are becoming increasingly diverse. Yet, there is very little quantitative or qualitative data on diversity in law schools and even less research examining how students’ diverse backgrounds and social identities–including their sexual orientation and gender identity–affect their law student experience. This article begins to fill this gap in the literature by reporting the findings from a study examining the law school experiences of LGBTQI+ students at all law schools within a single Australian state. The study reveals that much of the law school experience is similar for both LGBTQI+ and non-LGBTQI+ students, and that LGBTQI+ law students …

Derivation Of A Prototype Asthma Attack Risk Scale Centred On Blood Eosinophils And Exhaled Nitric Oxide, Simon Couillard, Annette Laugerud, Maisha Jabeen, Sanjay Ramakrishnan, James Melhorn, Timothy Hinks, Ian Pavord

Research outputs 2014 to 2021

Reduction of the risk of asthma attacks is a major goal of current asthma management. We propose to derive a risk scale predicting asthma attacks based on the blood eosinophil count and exhaled nitric oxide. Biomarker-stratified trial-level attack rates were extracted and pooled from the control arms of the Novel START, CAPTAIN, QUEST, Benralizumab Phase 2b, PATHWAY, STRATOS 1-2 and DREAM trials (n=3051). These were used to derive rate ratios and the predicted asthma attack rate for different patient groups. The resultant prototype risk scale shows potential to predict asthma attacks, which may be prevented by anti-inflammatory treatment.

Urinary Metabotype Of Severe Asthma Evidences Decreased Carnitine Metabolism Independent Of Oral Corticosteroid Treatment In The U-Biopred Study, Stacey N. Reinke, Shama Naz, Romanas Chaleckis, Hector Gallart-Ayala, Johan Kolmert, Nazanin Z. Kermani, Angelica Tiotiu, David I. Broadhurst, Anders Lundqvist, Henric Olsson, Marika Strom, Asa M. Wheelock, Cristina Gómez, Magnus Ericsson, Ana R. Sousa, John H. Riley, Stewart Bates, James Scholfield, Matthew Loza, Frederic Baribaud, Per S. Bakke, Massimo Caruso, Pascal Chanez, Stephen J. Fowler, Thomas Geiser, Peter Howarth, Ildiko Horvath, Norbert Krug, Paolo Montuschi, Annelie Behndig, Florian Singer, Jacek Musial, Dominick E. Shaw, Barbro Dahlén, Sile Hu, Jessica Lasky-Su, Peter J. Sterk, Kian Fan Chung, Ratko Djukanovic, Sven Erik Dahlé, Ian M. Adcock, Craig E. Wheelock

Research outputs 2014 to 2021

Introduction: Asthma is a heterogeneous disease with poorly defined phenotypes. Severe asthmatics often receive multiple treatments including oral corticosteroids (OCS). Treatment may modify the observed metabotype, rendering it challenging to investigate underlying disease mechanisms. Here, we aimed to identify dysregulated metabolic processes in relation to asthma severity and medication. Methods: Baseline urine was collected prospectively from healthy participants (n=100), mild-to-moderate asthmatics (n=87) and severe asthmatics (n=418) in the cross-sectional U-BIOPRED cohort; 12–18-month longitudinal samples were collected from severe asthmatics (n=305). Metabolomics data were acquired using high-resolution mass spectrometry and analysed using univariate and multivariate methods. Results: Ninety metabolites were identified, …

Re-Formulating The Test For Ascertaining The Proper Law Of An Arbitration Agreement: A Comparative Common Law Analysis, Darius Chan, Jim Yang Teo

Research Collection Yong Pung How School Of Law

Following two recent decisions from the apex courts in England and Singapore on the appropriate methodology to ascertain the proper law of an arbitration agreement, the positions in these two leading arbitration destinations have now converged in some respects. But other issues of conceptual and practical significance have not been fully addressed, including the extent to which the true nature of the inquiry into whether the parties had made a choice of law is in substance an exercise in contractual interpretation, the applicability of a validation principle, and the extent to which the choice of a neutral seat may affect …

Ambiguous Genitalia: A Medical, Surgical, Psychiatric And Ethical Concern, Saachi M. Khanna, Anoush Sardesai Sadat, Ranjani Rammohan, Sundeep Payyanur Thotan

Manipal Journal of Medical Sciences

Disorders of Sexual Differentiation or DSDs are congenital anomalies which lead to the abnormal development of the internal and external genitalia. Our main objective in this review was to bring to light the psychiatric side of healthcare for a patient with ambiguous genitalia and DSD and create more awareness of the ethical aspects of the condition. The most important step in the management of DSD is the avoidance of prematurely designating sex or using gendered pronouns, as well as reassuring the family. Treatment is not singular, but a multidisciplinary approach. It involves medical management and surgical correction of the genitalia. …

Simple Treatment For Beauty Is Not Always The Best: A Corrective Surgery, Chun-Te Ho, Wen-Ken Tai, Chia-Tze Kao

Journal of Dental Sciences

No abstract provided.

Influence Of Different Kinematics On Stationary And Dynamic Torsional Behavior Of Jizai Nickel-Titanium Rotary Instruments: An In Vitro Study, Arata Ebihara, Myint Thu, Moe Kyaw, Satoshi Omori, Keiichiro Maki, Shunsuke Kimura, Hayate Unno, Takashi Okiji

Journal of Dental Sciences

Background/purpose Using conventional approach to examine stationary torque of nickel-titanium rotary instruments contradicts the clinical condition, and its validity for motions involving clockwise and counterclockwise rotations is questionable. This study aimed to examine the effect of different kinematics on the torsional behavior using a JIZAI instrument (#25/.04) under stationary/dynamic test conditions using clinical torque limit settings. Materials and methods In the stationary test, the 5-mm tip of JIZAI was fixed in a cylinder-shaped vise and rotated in continuous rotation (CR) with auto-torque-reverse, optimum-torque-reverse (OTR), or reciprocation (REC) until fracture (n = 10, each). In the dynamic test, straight and severe …

The Role Of Data For Ai Startup Growth, James Bessen, Stephen Michael Impink, Lydia Reichensperger, Robert Seamans

Faculty Scholarship

Artificial intelligence (“AI”)-enabled products are expected to drive economic growth. Training data are important for firms developing AI-enabled products; without training data, firms cannot develop or refine their algorithms. This is particularly the case for AI startups developing new algorithms and products. However, there is no consensus in the literature on which aspects of training data are most important. Using unique survey data of AI startups, we find that startups with access to proprietary training data are more likely to acquire venture capital funding.

Land Costs And New Housing, Michael Lewyn

Scholarly Works

Restrictive zoning limits housing supply, which (according to the law of supply and demand) increases housing costs. But some commentators argue that more permissive zoning would actually increase housing costs by increasing land costs. This article points out that if the latter claim was true, land costs would have risen in places that allowed lots of new housing and fallen in more restrictive regions such as San Francisco. In fact, land costs increased in both types of metro areas. More importantly, overall housing costs increased more rapidly in more restrictive metros.