Digital Commons Network^™

Well-Being Measurement, Matthew D. Adler, Koen Decancq

Faculty Scholarship

The social welfare function (SWF) framework includes a well-being measure w(∙), for converting outcomes into vectors (lists) of well-being numbers. These well-being numbers are interpersonally comparable. This chapter discusses the construction of the well-being measure. It supposes that w(∙) operates on individual “histories,” a history being a combination of an attribute bundle a and a preference R. That is w(∙) = w(a, R). This setup is quite general. It encompasses preference-based well-being measures (namely those that assign well-being numbers to histories containing different bundles but the same preference in deference to that preference), as well as non-preference based measures. The …

Are Constitutional Rights Enough? An Empirical Assessment Of Racial Bias In Police Stops, Michael Frakes, Rohit Asirvatham

Faculty Scholarship

This Article empirically tests the conventional wisdom that a permissive constitutional standard bearing on pretextual traffic stops—such as the one announced by the Supreme Court in Whren v. United States—contributes to racial disparities in traffic stops. To gain empirical traction on this question, we look to state constitutional law. In particular, we consider a natural experiment afforded by changes in the State of Washington’s rules regarding traffic stops. Following Whren, the Washington Supreme Court first took a more restrictive stance than the U.S. Supreme Court, prohibiting pretextual stops by police officers, but later reversed course and instituted a laxer standard, …

Models Of Bail Reform, Brandon L. Garrett

Faculty Scholarship

Bail reform is an urgent topic in the United States and internationally, but what constitutes reform and how to accomplish reform goals is contested. Jails are a modern epicenter of incarceration, with a stunning growth in American jail populations over the past four decades despite declines in both arrests and crime. As many as sixty percent of the half million people currently in jails have not been convicted but are instead detained pretrial. Prior waves of bail reform produced a system largely reliant on secured bonds, which require up-front cash payments to avoid jail time before trial. More recent reform …

Videotaping Interrogations In Pennsylvania: A Wilson Center For Science And Justice And Quattrone Center For The Fair Administration Of Justice Report, Rachel Leigh Greenspan, Adele Quigley-Mcbride, Sydney Lapine, Marissa Bluestine, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

The Trajectory Of Federal Gun Crimes, Jacob D. Charles, Brandon L. Garrett

Faculty Scholarship

Federal gun prosecutions have been a significant part of the federal docket for decades. In this Article, we explore for the first time the evolution of federal gun crimes. They cover conduct ranging from gun distribution and possession of particular weapons such as machine guns to use by drug traffickers and individual possession of !rearms by felons. Second, we describe how in practice gun charges have adapted to criminal law priorities of Congress and federal prosecutors over time. More recently, they became prominent in connection with immigration prosecutions, while in the 1980s, drug gangs were the priority. During this time, …

Felon Re-Enfranchisement And The Problem Of “Lost” Rights, Josh Feinzig

Faculty Scholarship

By conditioning the restoration of political rights on financial repayment, states have prevented hundreds of thousands of citizens with felony convictions from participating politically—profoundly altering the shape of the American electorate. Courts have upheld the practice by treating restoration as an exercise of legislative grace to nonmembers of the political community. Critics argue that the practice conditions political participation on wealth status and is therefore subject to heightened review.

This Essay traces the disagreement back to an overlooked first-order question: how should the juridical status of a disenfranchised citizen’s “lost” rights be understood? The conventional position assumes that disenfranchisement casts …

A Framework For Inland Cities To Prevent Marine Debris: A Case Study From Durham, North Carolina, Nancy Lauer, Michelle B. Nowlin

Faculty Scholarship

Land-based sources of litter are increasingly recognized as significant contributors to marine debris, and rivers can carry debris to the coast from far-inland sources. In this paper, we demonstrate the important role inland cities can play in the marine debris crisis by reducing their own marine debris contributions. Given this role, we provide a framework for inland cities to prevent plastic pollution along with the lessons learned from introducing these strategies in Durham, North Carolina, a mid-sized, inland city that drains to the ocean through the Cape Fear and Neuse River watersheds. This framework guides city officials, resource managers, and …

Land Options For Housing: How New Property Rights Can Break Old Land Monopolies, Roderick M. Hills Jr., Shitong Qiao

Faculty Scholarship

The world today is afflicted by inequality of wealth created in large part by monopolistic ownership of land. Hong Kong, with the least affordable housing in the world, provides a particularly apt example of how property law protects such monopolies—and also how the creation of new property rights can break them up.

In this Article we use Hong Kong as a case study to suggest both a diagnosis and a solution to two aspects of property law that slow down the creation of housing. First, the division of property rights between private owners and the government creates a bilateral monopoly …

Rethinking Behavior - Winter 2022, Midwest Symposium For Leadership In Behavior Disorders

ReThinking Behavior Magazine

A magazine for professionals serving children and youth with behavioral needs.

Winter 2022, Volume 5, Issue 2

Religion As A Security Threat, Hamdy A. Hassan

All Works

Religious extremism presents an ideological perspective found in most major religions and is currently associated with various forms of religiously motivated acts of violence. A conceptual framework is adopted to study the warning features of religious extremism and apply it to case studies of Nigeria, Uganda, and the Central African Republic (CAR). The application of a religious jihadism model to Christianity provides a comparative basis for assessing Islamic radical jihadism, helping to understand religion as a security threat, with particular reference to Christian contexts and examples. Using extremist rhetoric and the mobilization of Christian rituals, members of religious groups attempt …

Determination Of Plant-Specific Retrotransposons In Chicken, Levent Mercan, Ci̇hat Erdem Bülbül, Fati̇h Bi̇lgi̇, Sevgi̇ Marakli

Turkish Journal of Veterinary & Animal Sciences

Mobile genetic elements are also known as transposons, comprising a significant proportion of plant and animal genomes. Retrotransposons, a class of transposons, move copy and paste mechanism and, therefore, cause genome obesity. Moreover, the transferability of retrotransposons within and between different kingdoms has provided valuable information for evolutionary relationships in addition to detailed knowledge about genomes. We identified barley-specific retrotransposons (Nikita and Sukkula) and determined polymorphism ratios of these retrotransposons in a chicken genome for the first time to gain new insights for retrotransposons found in different genomes. Transposon sequences belonging to chicken and barley genomes were also investigated to …

Effect Of Kefir Consumption On Intestinal Microbiota And Some Blood Parameters Inangora Cats, Ruhi̇ Kabakçi, Gi̇zem Çufaoğlu, Gökhan Şen

Turkish Journal of Veterinary & Animal Sciences

Probiotics are one of the best alternatives to improve gut health. Kefir, which was discovered in the North Caucasus centuries ago, is still consumed frequently today due to its health benefits. Its impacts on the gastrointestinal system have begun to be investigated in animals. In this study, we focused to examine the effect of kefir on intestinal microbiota, some hematological parameters, and fecal quality in Angora cats to provide preliminary data regarding the hypothesis of its use as an alternative probiotic food supplement. Commercial kefir was given orally (30 mL/kg) to seven healthy Angora cats for 14 days. On day …

The Effect Of Different Ram Introducing Procedures (Protocol 66) On Fertility Parameters In Anatolian Merino Ewes During Breeding Season, Şükrü Dursun

Turkish Journal of Veterinary & Animal Sciences

In this study, different applications of ram introduction at the beginning of the breeding season were investigated in terms of their effects on some fertility parameters. The rams were introduced to the herd (Farm II), removed for 6 days, and reintroduced again in the experiment group, while the rams stayed within the herd (Farm I) all of the breeding season in the control group. In both farms, ewes were hand mated. These practices were performed in two consecutive breeding seasons of 2014 and 2015. In farm II, in the following 13 days of the reintroduction of rams, 83.4% and 83.7% …

Detection Of Correct Pregnancy Status In Lactating Dairy Cattle Using Mars Data Mining Algorithm, Demet Çanga, Mustafa Boğa

Turkish Journal of Veterinary & Animal Sciences

In this study, it is aimed to determine pregnancy outcomes by using multivariate adaptive regression splines (MARS) algorithm for classification type problems. For this purpose, data obtained from a private dairy farm in the Konya region of Türkiye in 2020 were used to determine pregnancy outcomes in Holstein dairy cattle. It has been determined how to perform statistical analyses on solving classification-type problems with the MARS algorithm and how to use R packages (caret and earth) by creating an R script file. After the analysis, the MARS estimation equation was created and in finding the probability of being pregnant: While …

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

Faculty Scholarship

To fight climate change and support the transition to a zero- emissions transportation sector, the United States is setting out to build a huge fleet of electric vehicle (EV) charging stations. But EV charging infrastructure—often called EV supply equipment (EVSE)—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 EVSE. Is this an unfair and risky social spending experiment, as its …

Clean Air Act Section 115: Is The Ipcc A “Duly Constituted International Agency”?, Adam D. Orford

Faculty Scholarship

Does the Environmental Protection Agency’s (“EPA”) receipt of the Assessment Reports of the Intergovernmental Panel on Climate Change (IPCC) trigger the agency’s duties under Section 115 of the Clean Air Act? The law requires EPA to take action to prevent or eliminate air pollution endangering the public health or welfare of foreign nationals under certain circumstances. If triggered, the argument goes, the law could justify, or compel, EPA’s imposition of nationwide greenhouse gas regulation to combat climate change. One way to do so is to trigger EPA’s duties “upon receipt of reports, surveys or studies from any duly constituted international …

Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Pollution, “Ecologists,” Regulations, And Renewables, 1945-1981, Adam D. Orford

Faculty Scholarship

Nation’s Business was a monthly business magazine published by the U.S. Chamber of Commerce, with a subscription list larger than Business Week, Forbes, or Fortune. This study explores how the magazine responded and adapted to the rise of environmentalism, and environmental regulation of business, by exploring its treatment of four topics: DDT, environmentalists, government regulation, and renewable energy. It is built on a full-text review of all issues of Nation’s Business published between 1945 and 1981. It reveals the development of a variety of anti-environmental logics and discourses, including the delegitimization of environmentalism as emotional and irrational, the undermining of …

Asexuality And Demisexuality: Clinical Implications Of Sexual Identity, Michael Scott Fiorini

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

This paper considers demisexuality as an identity and sexual orientation for use by psychologists using historical, sociological, and psychological perspectives. It discusses the clinical implications of demisexuality as an identity and orientation distinct from asexuality. The paper discusses applications and limitations of defining and identifying demisexuality in a clinical population and it's social, scientific, and contextual significance. The paper compares what can be observed with existing diagnostic guidelines present in the DSM-5 for the identification of Female Sexual Interest/Arousal Disorder (FSIAD) and Male Hypoactive Sexual Desire Disorder (MHSDD). The paper proposes guidelines for the diagnosis and the ethical clinical treatment …

Media Framing Of Marriage Practices In Afghanistan, Hakima Afzaly

Dissertations and Theses @ UNI

Culturally, in Afghanistan, marriage is given much importance and seen as something that completes life. Through this study, I analyze how marriage practices, such as dowry (Mahr), bride price, and the “virginity ritual,” are described in newspapers and magazines of Afghanistan. In particular, I explore how the popular press, such as 8 Sobh and Khama Press in Afghanistan frame their discussion of marriage practices. The findings from this analysis reveal that newspapers and magazines of Afghanistan frame marriage as an economic issue and a major focus of the articles is on the financial pressure on poor families due to the …

Eviction Courts, Kathryn A. Sabbeth

Faculty Publications

This Article examines the legal mechanics of the courts that issue eviction orders. It analyzes these courts in the context of the COVID-19 pandemic and the federal eviction moratoria. The eviction phenomenon preceded the pandemic, but the pandemic exaggerated many of its features. How the eviction courts responded to the eviction moratoria reveals a great deal about how these fora have been functioning all along. While the eviction moratoria were important, the design of eviction courts limited their impact.

The Article identifies ten groups of laws that structure critical design features of eviction courts: (1) filing fee statutes that make …

Other Judges' Cases, Melissa B. Jacoby

Faculty Publications

After documenting the role of mediating judges in today’s federal courts, Part I considers both reform narratives and power narratives explaining their use. To add context and specificity, Part I presents case studies based on original research. While these examples have unusual features, they illustrate the breadth of potential mediating judge activities and offer more of a citable record than can be found for other cases. The first involves the largest municipal bankruptcy in American history. 10 The second starts with the bankruptcy of a founder of a nationwide assisted living facility enterprise, who also solicited retirees to make “can’t …

“Contractually Valid” Forum Selection Clauses, John F. Coyle

Faculty Publications

In Atlantic Marine Construction Company v. United States District Court, the Supreme Court held that a “contractually valid” forum selection clause should be enforced by federal courts absent extraordinary circumstances. Unfortunately, the Court provided no guidance on how to assess whether a clause is “contractually valid.” This Article fills the gap. It argues that the answer to this question turns on three separate inquiries. First, a court should determine whether the forum selection clause is valid. Second, the court should interpret the forum selection clause to determine whether it is exclusive and applies to the claims asserted. Third, the …

The Anti-Parent Juvenile Court, Barbara A. Fedders

Faculty Publications

This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child’s family—creating financial stress, undermining a parent’s central role in rearing her child, and damaging the parent-child bond—these parent-harming features imperil a child’s healthy growth and development. In so doing, the Article argues, they contravene the juvenile court’s stated commitment to rehabilitation.

In juvenile court, fees and fines are assessed against parents, who also often must incur lost wages to comply with court orders. In addition, while youths of all economic backgrounds and …

The (Symbolic) Legislative Recognition Of Animal Sentience, M.B. Rodriguez Ferrere

Animal Law Review

This Article will draw conclusions from the legislative recognition of animal sentience in animal welfare legislation of Oregon, New Zealand and Quebec. A range of jurisdictions have, in recent times, amended their animal welfare legislation to recognize that animals are "sentient." While seemingly a progressive and welcome advance, there are a range of reasons to doubt the actual impact of such amendments. The limited impact of the amendments within animal welfare case law in these jurisdictions appear to confirm these doubts. This Article questions whether such symbolic amendments are benign or have a damaging effect on the attempt to reform …

Table Of Contents

Georgia Law Review

No abstract provided.

The Unidentified Wrongdoer, Ronen Perry

Georgia Law Review

This Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for the appraisal of possible solutions to strong unidentifiability problems, which undermine liability and frustrate its goals.

Part I presents the main legal models developed and used to overcome these problems in different contexts and various legal systems: adherence to direct liability with creative procedural identification tools, …

Tribal Land, Tribal Territory, Katherine Florey

Georgia Law Review

In the summer of 2020, two significant events brought into focus the relationship between Indigenous nations in the United States and the land they govern. First, in a controversy that made national headlines, several tribes in South Dakota clashed with Gov. Kristi Noem about their power to impose Covid-19-related checkpoints on state highways passing through Indian country. Borders have potent symbolism; by detaining drivers even briefly at theirs, the South Dakota tribes made plain that travelers were entering a separate jurisdiction in which different rules and policies applied. At the same time the checkpoint controversy was brewing, the Supreme Court …

Anticompetitive Merger Review, Samuel N. Weinstein

Georgia Law Review

U.S. antitrust law empowers enforcers to review pending mergers that might undermine competition. But there is growing evidence that the merger-review regime is failing to perform its core procompetitive function. Industry concentration and the power of dominant firms are increasing across key sectors of the economy. In response, progressive advocates of more aggressive antitrust interventions have critiqued the substantive merger-review standard, arguing that it is too friendly to merging firms. This Article traces the problem to a different source: the merger-review process itself. The growing length of reviews, the competitive restrictions merger agreements place on acquisition targets during review, and …

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Georgia Law Review

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …

Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor

Georgia Law Review

When the HIV/AIDS epidemic began in the 1980s in the United States, there was mass confusion and hysteria regarding HIV transmission and prevention, leading many states to enact HIV criminalization statutes to prosecute persons living with HIV who either exposed another person to HIV or put someone in danger of being exposed to HIV. Yet, almost forty years later, these statutes are still used to criminalize and control the behaviors of people living with HIV, and in some cases, impose lengthy prison sentences hinging on the possibility of exposure. These HIV criminalization statutes and subsequent criminal cases often do not …