Digital Commons Network^™

Constitutional Gun Litigation Beyond The Second Amendment, Joseph Blocher, Noah Levine

Faculty Scholarship

No abstract provided.

Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips

Faculty Scholarship

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) dramatically altered the scope of federal habeas corpus. Enacted in response to a domestic terrorism attack, followed by a capital prosecution, and after decades of proposals seeking to limit post conviction review of death sentences, and Supreme Court rulings severely limiting federal habeas remedies, AEDPA was ratified with little discussion or deliberation. The law and politics of death penalty litigation, which had been particularly active since the U.S. Supreme Court invalidated all death penalty schemes in its 1972 ruling in Furman v. Georgia, culminated in restrictions for all federal habeas …

Ships Passing In The Night: The Communications Act And The Convergence On Broadband, Stuart Minor Benjamin

Faculty Scholarship

The Communications Act of 1934 and its amendments (the “Act”), and the regulations implementing them, have been enormously important to traditional telephony, broadcasting, and multichannel video. Meanwhile, the internet is barely mentioned in the Act. It thus might seem reasonable to conclude that the Act stands as a colossus and that the argument for overhauling it has grown much stronger as the Telecommunications Act of 1996 (the “1996 Act”) becomes ever more outdated. In this Article I suggest otherwise. Specifically, I make three claims—one descriptive, one a bit speculative, and one normative. The descriptive claim is that significant portions of …

Regulating Global Stablecoins: A Model-Law Strategy, Steven L. Schwarcz

Faculty Scholarship

Digital currencies have the potential to improve the speed and efficiency of the payment system. The principal challenge is retail: to facilitate day-to-day payments among consumers as an alternative to cash, both domestically and across national borders. Two models of digital currencies are becoming viable: central bank digital currencies and nongovernment-issued currencies that are backed by assets having intrinsic value (stablecoins or, when widely used internationally, global stablecoins). Because they are not government issued, global stablecoins present complex and novel cross-border regulatory challenges, including managing the costs of complying with a multitude of national laws and ensuring international legal enforceability. …

Regulating Digital Currencies: Towards An Analytical Framework, Steven L. Schwarcz

Faculty Scholarship

Digital currencies have the potential to improve the speed and efficiency of payments and to broaden financial inclusion. The principal goal is to facilitate payments among consumers on a day-to-day basis as an alternative to cash, both domestically and across national borders. This Article begins by critically examining and critiquing the ongoing progress of trying to develop retail digital currencies, focusing on the two most feasible approaches: central bank digital currencies (“CBDC”), and privately issued currencies that are backed by assets having intrinsic value (“stablecoins”). The Article then analyzes how these digital currencies should be regulated and supervised, exploring their …

163 U.S. 537 Supreme Court Of The United States: Plessy V. Ferguson No. 210, Trina Jones

Faculty Scholarship

No abstract provided.

Conservatorship Of Valerie N., 707 P.2d 760 (Cal. 1985), Doriane Lambelet Coleman

Faculty Scholarship

Conservatorship of Valerie N. is the next case in this volume. The original 1985 opinion from the California Supreme Court concerned an “adult developmentally disabled daughter,” whose parents wished to have her surgically sterilized because she was (according to the parents) sexually aggressive towards men. Although the original opinion held that the California law did not authorize the sterilization of Valerie the case is nonetheless ripe for a feminist rewrite. Professor Doriane Lambelet Coleman’s feminist judgment demonstrates how feminism requires attention not only to women’s issues in general but also to the woman herself, and not only to childbearing (or …

Reflections On Authoritarianism, Mara Redlich Revkin

Faculty Scholarship

No abstract provided.

Citizenship Disparities, Emily Ryo, Reed Humphrey

Faculty Scholarship

No abstract provided.

Novel Primitive Decompositions For Real-World Physical Reasoning, Mackie Zhoou, Bridget Duah, Jamie C. Macbeth

Computer Science: Faculty Publications

In this work, we are concerned with developing cognitive representations that may en- hance the ability for self-supervised learning systems to learn language as part of their world explorations. We apply insights from in-depth language understanding systems to the problem, specifically representations which decompose language inputs into language-free structures that are complex combinations of primitives representing cognitive abstractions such as object permanence, movement, and spatial relationships. These decompositions, performed by a system traditionally called a conceptual analyzer, link words with complex non-linguistic structures that engender the rich relations between language expressions and world exploration that are a familiar aspect of …

Interleaving A Symbolic Story Generator With A Neural Network-Based Large Language Model, Jingwen Xiang, Zoie Zhao, Mackie Zhou, Megan Mckenzie, Alexis Kilayko, Jamie C. Macbeth, Scott Carter, Katharine Sieck, Matthew Klenk

Computer Science: Faculty Publications

Research in deep learning has recently produced models of natural language that are capable of generating natural language output which, at a glance, has strong similarities to that written by intelligent humans. However, the texts produced by deep learning-based large language models (LLMs), upon deeper examination, reveal the challenges that they have in producing outputs that maintain logical coherence. One specific application area of interest for LLMs is in fictional narrative generation, a mode of operation in which stories are generated by the model in response to a prompt text that indicates the start of a story or the desired …

Framing Vaccine Mandates: Messenger And Message Effects, Christopher Buccafusco, Daniel J. Hamel

Faculty Scholarship

In September 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) would require large employers to ensure workers are vaccinated against Covid-19 or tested weekly. Although widely characterized as “Biden’s vaccine mandate,” the policy could be described with equal accuracy as “OSHA’s testing mandate.” Some commentators speculated that reframing the policy as a testing mandate would boost support. This study investigates how framing effects shape attitudes toward vaccination policies. Before the Supreme Court struck down the vaccinate-or-test rule, we presented 1500 U.S. adults with different descriptions of the same requirement. Reframing “Biden’s vaccine mandate” as “OSHA’s testing …

Rogue Brokers And The Limits Of Agency Law, Deborah A. Demott

Faculty Scholarship

No abstract provided.

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, …

The Future Of Ai Accountability In The Financial Markets, Gina-Gail S. Fletcher, Michelle M. Le

Faculty Scholarship

Consumer interaction with the financial market ranges from applying for credit cards, to financing the purchase of a home, to buying and selling securities. And with each transaction, the lender, bank, and brokerage firm are likely utilizing artificial intelligence (AI) behind the scenes to augment their operations. While AI’s ability to process data at high speeds and in large quantities makes it an important tool for financial institutions, it is imperative to be attentive to the risks and limitations that accompany its use. In the context of financial markets, AI’s lack of decision-making transparency, often called the “black box problem,” …

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 …

Toward An Optimal Decarceration Strategy, Ben Grunwald

Faculty Scholarship

With mounting support for dramatic criminal justice reform, the question is no longer whether we should decarcerate American prisons but how. This question is far more complicated than it might seem. We could cut the prison population in half, for example, by drastically shortening sentences. Or we could reduce prison admissions. Or we could do both. And we could do either or both for countless combinations of criminal offenses. Moreover, even when they reach the same numeric target, these strategies are not equivalent. They would have vastly different consequences for both prisoners and the public, and widely varying timeframes to …

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 …

Epidemiological Investigation Of Bovine Tuberculosis Infection Dynamics In Turkey, Şahi̇n Çakir, Murat Yildirim, Kadi̇r Serdar Di̇ker, Fevzi̇ye İpek Keski̇n, Selcen Yüksel, Burak Deveci̇, Erhan Akçay

Turkish Journal of Veterinary & Animal Sciences

A national epidemiological research project was carried out to define the dynamics affecting the epidemiology of bovine tuberculosis (bTB) infection in Turkey and to identify the risk factors. Official veterinarian (OV) and breeder original questionnaires were produced separately as part of this study to collect thorough data regarding the disease from the field. The number of questionnaires that needed to be filled out was decided by 95% confidence interval (CI) and 5% margin of error. The findings of 371 OV and 317 breeder questionnaires completed online across the country were analyzed. In addition, 28 outbreaks determined by random method were …

The Effects Of Rations Containing Ad Libitum Limestone Grit With Whole Flaxseed On Quails?Performance, Egg Quality, And Blood Parameters, Kadi̇r Emre Buğdayci, Fatma Karakaş Oğuz, Mustafa Numan Oğuz, Cafer Mercan

Turkish Journal of Veterinary & Animal Sciences

The purpose of this research is to determine the effects of consuming feed rations containing ad libitum limestone grit with whole or ground flaxseed (10%) on quails? performance, egg quality (shape index, albumen index, yolk index, and Haugh unit), and some blood parameters (hematocrit, cholesterol, and triglyceride) during a period of 8 weeks. Five weeks old quails (Coturnix coturnix japonica; 140 in total) were divided into control and 4 trial groups. The rations of the first (W) and second (G) trial groups consisted of whole or ground flaxseeds (10%), respectively. The composition of the rations of the third (Wg) and …

The Effects Of Biological And Health Characteristics Of Dogs On Intraindividual Variabilityof Blood Parameters, Sandra Nikolic, Branislava Belic, Marko Cincovic, Nikolina Novakov, Nada Plavsa, Sara Savic

Turkish Journal of Veterinary & Animal Sciences

Considering the great diversity among dogs and their different biological and health characteristics, as well as different treatment protocols, it has become important to assess the effects of these factors on intraindividual variability of blood parameters in dogs, which is the aim of this study. Blood samples were collected from one hundred client-owned dogs. The dogs were of different age, breed, sex, body condition, reproductive, and health status and were presented to the veterinary clinic for preventive or diagnostic procedures. The effect of age on intraindividual variation was significant for various blood parameters and it was essential to establish new …

Topical Formulations Based On Polyhexamethylene Hydrochloride Guanidine For Surgicalfield Antisepsis, Fernanda Gosuen Gonçalves Dias, Renato Luis Tame Parreira, Lucas De Freitas Pereira, Rodrigo Cássio Sola Veneziani, Maria Anita Lemos Vasconcelos Ambrósio, Vinícius Thomaz Da Silva Almeida, Renata Alves De Barros, Luis Gustavo Gosuen Gonçalves Dias, Sérgio Ricardo Ambrósio

Turkish Journal of Veterinary & Animal Sciences

As surgical site infection can prolong the patient's hospital stay, increase morbidity and mortality rates and medical and hospital expenses, justifying the search for new effective and low-cost antiseptic drugs is justifiable. Thus, the objective of the present study was to analyze, by direct clinical and microbiological examination, the topical antiseptic effect of a solution based on polyhexamethylene hydrochloride guanidine (PHMGH) at 0.5% on the intact skin surface of sheep and cats, aiming at its use in operative field (previous and definitive antisepsis), compared to 0.5% alcoholic chlorhexidine and association with this. The topical solutions did not cause any skin …

Dose And Time-Dependent Effects Of Glucocorticoid: A Morphologic And Morphometric Study In The Broiler Lung, Rafiqul Islam, Nasrin Sultana, Rafiqul Alam, Antora Akter, Md. Anisuzzaman, Ziaul Haque, Md. Abu Hadi Noor Ali Khan

Turkish Journal of Veterinary & Animal Sciences

Glucocorticoids (GCs) play a critical function in neonatal lung growth and maturation though the long-term dose-dependent effects of GCs on lungs are still ambiguous. The purpose of the present study is to explore the morphologic and morphometric changes in broiler lungs in reaction to dietary GC. Day-old chicks (DOCs) were purchased and divided into four groups at random i.e. one control group (C) and three experimental groups (E1, E2, and E3). Commercial broiler feed was provided to both the control and experimental groups where the feed of the experimental groups contained GC, dexamethasone (DEX) at the rate of 3, 5, …

Effect Of Selenium Nanoparticles And Mannan Oligosaccharide Supplementation On Muscle And Lymphoid Histomorphometry And Morphometry Of Tibia Bone In Broilers Reared Under High Stocking Density, Hafiz Faseeh Ur Rehman, Hafsa Zaneb, Saima Masood, Muhammad Shahaz Yousaf, Saima Ashraf, Mirza Muhammad Usman, Imad Khan, Muhammad Abdullah Arif Saeed, Habib Ur Rehman

Turkish Journal of Veterinary & Animal Sciences

The current study investigated the potential of selenium-nanoparticles (SeNPs) and mannan-oligosaccharide (MOS) supplementation in ameliorating the high stocking density (HSD) stress on breast muscle, immune organs, and tibia bone in broilers. Three hundred and ninety two (392) day-old Ross chicks were divided in seven groups with eight replicates each (n = 7): as NSD [basal diet (BD) + normal stocking density: 10 chicks/m$^{2}$], HSD (BD + high stocking density: 16 chicks/m$^{2}$), Se-HSD [BD + Selenium (Se) 0.15 mg/kg of BD], MOS-HSD (BD + MOS 05 g/kg of BD), Se-MOS-HSD (BD + Se 0.15 mg/kg of BD + MOS 05 g/kg …

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 …

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 …

"Stay Strong": Internalized Stigma, Religiosity And Black Mental Health In Colorado, Breigh Jones-Coplin

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

While the societal stigma on mental illness deters people from seeking mental health services, there is limited research on how Black personality and cultural practices may impact stigma and Black mental health (NAMI, 2020). In an attempt to identify protective and risk factors for internalized stigma and Black mental health, the present study examined 416 Black adults in Colorado and identified significant relationships between African Self-Consciousness, internalized stigma of mental illness, religiosity, and mental health functioning. Results showed that having a strong African-centered identity and religious grounding are associated with less internalized stigma and difficulty in functioning and mental health …

Mindfulness And The Relationship Between Connectedness To Nature And Affect, Mathew Stewart

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Exposure to in-vivo and virtual nature has been shown to increase a person’s positive affect from a variety of mechanisms. Natural settings and green-spaces allow for the recovery of attentional resources whereas urban environments elicit opposite effects. Individuals who practice mindfulness in general exhibit greater attentional resources and potentially could see added benefit to their well-being through exposure to natural environments. This research investigated whether those who are more mindful receive greater benefits from exposure to virtual restorative natural environments compared to individuals who do not practice or engage with mindfulness regularly. Subjects viewed an urban, urban/nature, or nature representative …