Digital Commons Network^™

Standing, Equity, And Injury In Fact, Ernest A. Young

Faculty Scholarship

This contribution to the Notre Dame Law Review's annual Federal Courts symposium on "The Nature of the Federal Equity Power" asks what the traditions of equity can tell us about Article III standing. I take as my point of departure the observation by Professors Sam Bray and Paul Miller, in their contribution to the symposium, that equity does not have causes of action as such--or at least not in the same way as actions at law. This is potentially important for standing, as many academic critiques of the Supreme Court's standing jurisprudence have argued that standing should turn on whether …

Judging Without A J.D., Sara Sternberg Greene, Kristen M. Renberg

Faculty Scholarship

One of the most basic assumptions of our legal system is that when two parties face off in court, the case will be adjudicated before a judge who is trained in the law. This Essay begins by showing that, empirically, the assumption that most judges have legal training does not hold true for many low-level state courts. Using data we compiled from all fifty states and the District of Columbia, we find that thirty-two states allow at least some low-level state court judges to adjudicate without a law degree, and seventeen states do not require judges who adjudicate eviction cases …

Thank You For Not Publishing (Unexamined Patent Applications), Lidiya Mishchenko

Faculty Scholarship

Since 2000, the U.S. Patent & Trademark Office (“PTO”) has published nearly all patent applications as they are submitted by applicants. Scholars and practitioners have praised this practice for providing timely notice of the potential legal rights the application may eventually cover. But maximizing timeliness and transparency in this way can also create significant costs, which may chill innovation and deter the development and funding of new research areas. This Article explores these often-unrecognized costs of publishing unexamined patent applications and proposes solutions that balance the benefits of early notice with the costs of patent system uncertainty.

Published patent applications …

Power, Exit Costs, And Renegotiation In International Law, Timothy Meyer

Faculty Scholarship

Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …

Toward More Robust Self-Regulation Within The Legal Profession, Veronica Root Martinez, Caitlin-Jean Juricic

Faculty Scholarship

The Trump Administration left reverberations throughout American life, and the legal profession was not insulated from its impact. The conduct of lawyers—both public and private—working on behalf of former President Trump was the subject of constant conversation and critique. The reality, however, is that the questions regarding the conduct of the Trump Administration lawyers, are rooted, in part, in more fundamental questions about the appropriate role of the lawyer within society. This Essay advocates for the adoption of a self-regulation scheme whereby lawyers regulate and oversee the conduct of other lawyers, to ensure that members of the legal profession are …

Agents And Advisors, Deborah A. Demott

Faculty Scholarship

No abstract provided.

A Restatement Of Corporate Criminal Liability’S Theory And Research Agenda, Samuel W. Buell

Faculty Scholarship

This Article, for a collection in which authors were asked to “imagine a world without corporate criminal liability,” specifies the material questions that should be addressed if debate about the doctrine is to progress past longstanding and oft-repeated assertions. The strongest case for corporate criminal liability is based on the potential for its unique reputational effects to contribute to the prevention and deterrence of crime within corporations. Further research should take up a variety of unanswered questions about those effects having to do with mechanisms and audiences. The relevant inquiries are both theoretical and empirical. Answers will lie in further …

10 Things Judges Should Know About Cryptocurrency, Lee Reiners

Faculty Scholarship

No abstract provided.

Factors Influencing Career Choice Among Secondary School Students In Aba North Of Abia State And Implications For School Library Development, Ndubuisi Eze Chukwu, Chinenye Ifeoma Ogidi, Immaculata N. Akaneme, Leonard Chidi Ilechukwu

Library Philosophy and Practice (e-journal)

The purpose of the study was to investigate factors influencing the career choice among secondary school students and implications for school library development. The study design adopted was ex-post-facto. The study was guided by four research questions and four null hypotheses. A sample of 65 students was selected using the multi-stage sampling technique. Data were collected with a self-structured questionnaire structured on a 4-point rating scale. The research questions were analyzed using mean and standard deviation. The null hypotheses were tested at 0.5 level of significance using independent t-test. The major findings showed that there is no significant difference in …

Incremental Improvements: Examining Instructional Changes And Rationales Of K-12 Online Teachers Using The Picrat And 4e Frameworks, Jered Borup, Rocio Quiroga Velasquez, Charles R. Graham, Leanna Archambault, Royce Kimmons

Faculty Publications

Teacher preparation programs have been slow to prepare teachers for the online environment, leaving many online teachers needing to learn on the job. However, little research has examined how online teachers grow as educators. One way to better understand this growth is to examine the changes online teachers make in their instruction and their rationales for making them. In this qualitative case study, we surveyed online teachers three times during an academic year regarding their instructional changes. Participants described these changes and categorized them on a modified PICRAT matrix to indicate if the changes made student learning more passive, interactive, …

Radical Social Innovations And The Spatialities Of Grassroots Activism: Navigating Pathways For Tackling Inequality And Reinventing The Commons, Noura Wahby, Elia Apostolopoulou, Dimitrios Bormpoudakis, Alexandros Chatzipavlidis

Faculty Journal Articles

In this article, by drawing on empirical evidence from twelve case studies from nine countries from across the Global South and North, we ask how radical grassroots social innovations that are part of social movements and struggles can offer pathways for tackling socio-spatial and socio-environmental inequality and for reinventing the commons. We define radical grassroots social innovations as a set of practices initiated by formal or informal community-led initiatives or/and social movements which aim to generate novel, democratic, socially, spatially and environmentally just solutions to address social needs that are otherwise ignored or marginalised. To address our research questions, we …

On Positive Parenting: Preventing Disciplinary Violence Against Children Within Egyptian Households/ حول التربية الإيجابية: منع العنف التأديبي ضد الأطفال داخل الأسر المصرية, Injie Swailam, Menatalla Fahiem, Reem Hesham, Youstina Magdy

Papers, Posters, and Presentations

Violent disciplinary practices against children are in itself a juxtaposition since violence comes from a place of safety and from those children trust the most; their parents. Parents and caregivers violently discipline their children thinking they are helping them be better. More than 1 billion children around the world, aged 4-17 years old, experience violence (Hillis et al., 2016) from those considered their source of love and safety. In Egypt, 40% of the population is made of children, and 90% of those children have experienced some sort of domestic violence from their caregivers. Using physical, verbal, and sexual violence as …

Improving Egypt’S Access To Vaccines And Medicines: Communication During Covid-19 / تحسين إتاحة الوصول إلى اللقاحات والأدوية في مصر: سياسة توعية الجمهور خلال أزمة فيروس كورونا, Alaa Abdel-Rahman, Sarah Attef, Helen Gabrah, Reem El-Sayed, Sarah El-Lithy

Papers, Posters, and Presentations

Since the start of the COVID-19 pandemic, the Egyptian government has been following protocol as best as possible when it comes to responding to the needs of the health and economic sectors amid difficult times. From lockdown measures to the WHO’s recommended practices in terms of isolation of cases and treatments, Egypt has been lauded as one of the fastest and most effective countries in terms of COVID-19 emergency response. Authorities have implemented several awareness campaigns directed at citizens to inform them about the pandemic, how to prevent infection, what to do if infected and how to act accordingly. Authorities …

Symposium: Aedpa And The Plra After 25 Years: Introduction, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

The House Always Wins: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

Case Western Reserve Law Review

No abstract provided.

Equitable Power After Aedpa—Lessons From The Pandemic, Nancy J. King

Case Western Reserve Law Review

No abstract provided.

The Strange Career Of The Three-Judge District Court: Federalism And Civil Rights, 1954–1976, Michael E. Solimine, James L. Walker

Case Western Reserve Law Review

No abstract provided.

Originalism At Home: The Original Understanding Of Ohio’S Home Rule Amendment, Timothy D. Lanzendorfer

Case Western Reserve Law Review

No abstract provided.

Symposium Introduction - The Clean Water Act At 50: Is The Act Obsolete?, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.

A Unified Theory Of Clean Water Act Jurisdiction, Robert W. Adler

Case Western Reserve Law Review

No abstract provided.

There Is More To The Clean Water Act Than Waters Of The United States: A Holistic Jurisdictional Approach To The Section 402 And Section 404 Permit Programs, Robin Kundis Craig

Case Western Reserve Law Review

No abstract provided.

No Net Loss? The Past, Present, And Future Of Wetlands Mitigation Banking, J.B. Ruhl, James Salzman

Case Western Reserve Law Review

No abstract provided.

Evaluating The Use Of Mandatory Edge-Of-Field Buffers As A Land Use Tool To Combat Harmful Algal Blooms, Madeline Mischler

Case Western Reserve Law Review

No abstract provided.

Parent–Child Leisure And Parent Affect: The Role Of Family Structure, Camilla Hodge, Jocelyn Wikle

Faculty Publications

This study evaluates differences in parent–child leisure and parent affect across single- and two-parent families. The Ecology of Family Experiences framework suggests contextual factors such as family structure and the novelty of the activity environment contribute to heterogeneity in how parents experience leisure, partly because constraints may differ across family structures. Using a large, nationally representative data sample of parents from the American Time Use Survey (N = 78,353), this study shows single-parents experience leisure deficits compared to other parents, and leisure deficits are greatest in home-based leisure. Additionally, using a subsample (N = 16,214), we found that at-home leisure …

Back From The Future: Mediation And Prediction Of Events Uncertainty Through Event-Driven Models (Edms), Samuel Ogbeibu, James Gaskin

Faculty Publications

The event-driven model (EDM) is an emerging concept in human behavioural research, and understanding how EDMs can promote theory development remains a fundamental quest of predictive science. Traditionally, researchers have heavily depended upon theory confirmation and the inclusion of mediating constructs to clarify uncertainty associated with plausible events (e.g. political, socio-economic, technological, environmental). Though this approach has pushed the field forward, it has also steered mediation research towards largely ignoring the fundamental role of prediction as a key for better understanding future events represented by EDMs. Additionally, emerging research using partial least squares structural equation modelling to execute prediction-oriented analysis …

Transformational It Leaders And Digital Innovation: The Moderating Effect Of Formal It Governance, Linda M. Pittenger, Nicholas Berente, James Gaskin

Faculty Publications

Does formal IT governance encourage innovation in the traditional domains of the IT function at the expense of new forms of “digital” innovation? We report on a study of 158 IT managers and leaders to understand the conditions under which transformational IT leadership can drive innovation in traditional forms of IT, as well as in the emerging “digital” domain. We find that highly formal IT governance practices can reduce ability of transformational IT managers and leaders to innovate in both domains, and this effect is greater for digital innovation. In stable cultures the moderation effect was strengthened, while insignificant in …

On Rotationally Driven Nonlinear Inclined Polymeric Jet With Gravity Effect, Daniel N. Riahi, Saulo Orizaga

School of Mathematical & Statistical Sciences Faculty Publications

We consider rotationally driven nonlinear polymeric fiber jet, whose centerline is in an inclined plane, in the presence of gravity force. An empirical viscosity model is used for the polymeric fluid flow to investigate properties of the rotating inclined polymeric fiber jet. The aim of the study is to understand properties of such inclined fiber jet shape, which can be due to orientation change of an orifice in a rotating spinneret that generates such jet. Perturbation, asymptotic, scaling and numerical techniques are used to determine the nonlinear steady solutions for the jet quantities for different values of the parameters due …

Enhancements To Uniformity Of Magnetic Fields At The Sns Nedm Experiment, Ahmad Saftah

Theses and Dissertations--Physics and Astronomy

The nEDM experiment at the Spallation Neutron Source (SNS) aims to increase
experimental sensitivity to hadronic CP violation by nearly two orders of magnitude.To do that the nEDMSNS experiment requires an extremely uniform magnetic field to maintain ³He polarization during transit to the measurement cell. The Magnetic Shield Enclosure (MSE) coil provides the required field. However, the superconducting shield distorts the MSE field.

This thesis discusses a magnetic cloak for the nEDM@SNS experiment that can restore the MSE field uniformity and cos theta coils designed to test the magnetic cloak in the first part. The second part of this …

Assessing Stress Biomarkers As Embodied Identity In Kentucky’S Green River Archaic, Anna-Marie Casserly

Theses and Dissertations--Anthropology

The primary goal of this bioarchaeology dissertation research is to investigate the relationship between evidence of social identity and indicators of biological stress in the Green River region of Kentucky during the Late Archaic period (5,000-3,000 BP). Utilizing a biocultural perspective, I examine the ways that aspects of identity and social organization are embodied through the experience of biological stress. This research explores how social differences influence the patterning of osteological stress markers in an Archaic population while problematizing categories of difference that are often naturalized in bioarchaeology, such as gender or age cohorts. In so doing, it contributes to …

‘I Went To The One Game In Town’: Obstetric And Maternity Unit Closures, Dwindling Birth Choices, And Resilience In Rural Appalachia, Sia Beasley

Theses and Dissertations--Anthropology

Obstetric and maternity health services are being rapidly eliminated in the rural United States, making maternal care more difficult to access and causing negative birth outcomes. Service closures have a magnified impact in Appalachia due to histories of systemic regional and state policy practices which devalue the lives of people living rural areas, local economic marginalization, geographic barriers, and insufficient health infrastructures. This research investigates how women living in rural Appalachia navigate pregnancy and birth amidst constant care closures. The Sunflower Mountain Region is a seven-county area in rural Southern Appalachia. The region has experienced ongoing obstetric closures over the …