Digital Commons Network^™

Critical Analysis Of Arl Member Institutions’ Diversity Statements, V. Dozier, Adebola Fabiku, Sandra A. Enimil

Copley Library: Faculty Scholarship

In March 2018, the Board of Directors of the Association of Research Libraries (ARL) approved a new mission statement that includes a call to “promote equity and diversity” and lists “diversity, equity, and inclusion” (DEI) as one of its four priorities. ARL encourages but does not mandate similar visible commitments from its member institutions. This is evident by the resource webpage that ARL maintains entitled, “ARL Library Statements and Signs Affirming Our Core Beliefs.” The listed members represent approximately 19% of ARL’s membership. After reading the existing statements, the authors noticed a similar pattern in terms and context. This led …

The Surprising Virtues Of Data Loyalty, Woodrow Hartzog, Neil M. Richards

Faculty Scholarship

Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …

Of Afrofuturism, Of Algorithms, Ngozi Okidegbe

Faculty Scholarship

Algorithms are proliferating in criminal legal structures. The predictions produced by these algorithms inform life-altering decisions around surveillance and incarceration. Their continued use poses a challenge to ongoing racial justice efforts. Contesting how algorithms of today maintain the racial status quo requires a fundamental rethinking of the algorithm project. This essay explores how Afrofuturism can facilitate such a rethinking. It imagines how applying an Afrofuturist paradigm to the adoption, construction, implementation, and oversight of algorithms could radically change the kind of algorithms developed and the purposes for which they are developed. Tapping into this potential offers the chance for members …

Why Judges Can't Save Democracy, Robert L. Tsai

Faculty Scholarship

In The Specter of Dictatorship,¹ David Driesen has written a learned, lively book about the dangers of autocracy, weaving together incisive observations about democratic backsliding in other countries with a piercing critique of American teetering on the brink of executive authoritarianism at home. Driesen draws deeply and faithfully on the extant literature on comparative constitutionalism and democracy studies. He also builds on the work of scholars of the American political system who have documented the largely one-way transfer of power over foreign affairs to the executive branch. Driesen's thesis has a slight originalist cast, holding that "the Founders aimed …

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. …

Trust, Brutality, And Human Dignity: How “Partial Birth Abortion” Helps Shape American Biopolitics, George J. Annas

Faculty Scholarship

In this Article, I explore how nearly continuous public rhetorical challenges to abortion in the political realm first led the public and the courts to turn away from a particular abortion procedure (intact dilation and extraction, also known as partial-birth abortion) which political agitators labeled as “barbaric” and then to view physicians who performed abortions not as legitimate professionals, but simply as “abortionists,” and sometimes as evil “Frankensteins.” “Abortionists” use no “medical judgment” and are unworthy of deference by state legislatures, Congress, or the courts when deciding how or when to perform an abortion. The concentration on the welfare of …

Abortion Experts, Aziza Ahmed

Faculty Scholarship

The COVID-19 pandemic, and the overturning of Roe v. Wade,¹ has intensified the fight for access to medication abortion. ² As state governors put emergency orders into place limiting health care provisions to essential services, some also limited access to abortion, designating it a nonessential service. ³ In the face of these challenges, women's health advocates, in keeping with prior advocacy, have called for greater access to medication abortion.⁴ The increased reliance on telemedicine during the COVID-19 pandemic provides new possibilities for the provision of abortion medication that do not rely on a patient engaging in-person at a …

Introduction: Amr Belongs In The Pandemic Instrument, Susan Rogers Van Katwyk, Kevin Outterson

Faculty Scholarship

In the wake of COVID-19, the World Health Organization established an Intergovernmental Negotiating Body to negotiate a new instrument for pandemic prevention, preparedness, and response. This special issue of the Journal of Law, Medicine & Ethics brings together multidisciplinary scholarship to address the question of whether antimicrobial resistance should be included in this new instrument. Drawing from disciplines including law, anthropology, history, public health, public policy, economics, and veterinary medicine, this special issue explores the inclusion of AMR within the Pandemic Instrument from three perspectives: first, through the lens of global AMR governance, second, from the perspective of technical governance …

Remedying Trait-Based Employment Discrimination: Lessons From The Crown Act, Tolulope Odunsi-Nelson

Faculty Scholarship

Trait discrimination is bias against people who possess traits and characteristics that are culturally, commonly, or historically associated with a particular race. Discrimination against Black people with "natural hairstyles" and anti-Black colorism are two forms of trait discrimination that stem from employers' preferences for white aesthetics. The CROWN Act is a law that expands the definition of race in discrimination laws to include an individual's hair texture or hairstyle, if that hair texture or hairstyle is commonly and/or historically associated with a particular race or national origin. The need for the CROWN Act stems from the systemic failure of United …

Acrylonitrile Induction Of Rodent Neoplasia: Potential Mechanism Of Action And Relevance To Humans, Tetyana Kobets, Michael J. Iatropoulos, Gary M. Williams

NYMC Faculty Publications

Acrylonitrile, an industrial chemical, is a multisite carcinogen in rats and mice, producing tumors in four tissues with barrier function, that is, brain, forestomach, Zymbal’s gland, and Harderian gland. To assess mechanism(s) of action (MoA) for induction of neoplasia and to evaluate whether the findings in rodents are indicative of human hazard, data on the potential key effects produced by acrylonitrile in the four rodent target tissues of carcinogenicity were evaluated. A notable finding was depletion of glutathione in various organs, including two target tissues, the brain, and forestomach, suggesting that this effect could be a critical initiating event. An …

Getting Into Equity, Samuel L. Bray, Paul B. Miller

Journal Articles

For two centuries, common lawyers have frequently talked about a “cause of action.” But “cause of action” is not an organizing principle for equity. This Article shows how a plaintiff gets into equity, and it shows equity is shaped by the interplay of its remedial, procedural, and substantive law. Equity is adjectival, related to law rather than the other way around. Remedies, not rights, are what give it power. And for getting into equity, it is the grievance that is central. To insist on an equitable cause of action is to work a fundamental change in how a plaintiff gets …

Who Is Wise Among You?, Bruce R. Huber

Journal Articles

Bruce Huber, Professor of Law at Notre Dame Law School, provides the eleventh and last essay in Notre Dame Law Review Reflections' special issue in memory and honor of John Copeland Nagle, also a Professor of Law at Notre Dame Law School, whom he considered a friend and colleague.

Nominal Damages As Vindication, Sadie Blanchard

Journal Articles

A recent Supreme Court decision inspired a resurgence of interest in an old mystery: how can nominal damages vindicate a plaintiff for past harm? The Court relied on the longstanding common law practice of entitling a plaintiff to sue for violation of her rights, even without demonstrating harm in fact, and to recover nominal damages. Courts have long asserted that awarding nominal damages in such suits vindicates the plaintiff. But they have not explained just how awarding $1 provides vindication, and serious observers scoff at the idea that it does. This Article offers a theory of vindication through nominal damages …

Taking Justification Seriously: Proportionality, Strict Scrutiny, And The Substance Of Religious Liberty, Stephanie H. Barclay, Justin Collings

Journal Articles

Last term, five Justices on the Supreme Court flirted with the possibility of revisiting the Court’s First Amendment test for when governments must provide an exemption to a religious objector. But Justice Barrett raised an obvious, yet all-important question: If the received test were to be revised, what new test should take its place? The competing interests behind this question have be-come even more acute in light of the COVID-19 pandemic. In a moment rife with lofty rhetoric about religious liberty but riven by fierce debates about what it means in practice, this Article revisits a fundamental question common to …

The Law And Economics Of Behavioral Regulation, Avishalom Tor

Journal Articles

This article examines the law and economics of behavioral regulation (“nudging”), which governments and organizations increasingly use to substitute for and complement traditional instruments. To advance its welfare-based assessment, Section 1 examines alternative nudging definitions and Section 2 considers competing nudges taxonomies. Section 3 describes the benefits of nudges and their regulatory appeal, while Section 4 considers their myriad costs—most notably the private costs they generate for their targets and other market participants. Section 5 then illustrates the assessment of public and private welfare nudges using cost-benefit analysis, cost-effectiveness analysis, and rationality-effects analysis.

Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto

Journal Articles

From the Article

This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and …

Treaties In The Philippine Constitutional System, Diane A. Desierto

Journal Articles

From the Article Abstract

International law has always had a dual significance to the Philippine constitutional system. On the one hand, the frequent articulation of international law principles within modern Philippine constitutional norms, statutes, and administrative rules demonstrate an outward-looking normative ethos – one I have described in other scholarship to be consistent with the 1987 Philippine Constitution’s ‘universalist history’. On the other hand, the considerable volume of Philippine jurisprudence applying international law norms to date overwhelmingly illustrate how Philippine litigants have strategically deployed international law (most especially international human rights law) over the years, as an acceptable external legal …

Defining “Substantial Burdens” On Religion And Other Liberties, Sherif Girgis

Journal Articles

The U.S. Supreme Court seems poised to restore free exercise exemptions from neutral laws that burden religion. But pivotal Justices have asked how to narrow religious exemptions. This Article proposes answers with wide-ranging implications for the future—and limits—of free exercise, and for the doctrine on other liberties.

To date, courts applying exemptions from “substantial burdens” on religion have tended to narrow protections to the detriment of religious minorities. But many fear that expanding exemptions would over-protect Christians in culture-war cases.

Striking a balance will require a sound definition of “substantial burdens.” But the current, strongly pro-religion Court will not impose …

Advancing Disability Rights-Based Refugee And Asylum Claims, Janet E. Lord, Elizabeth Heideman, Michael Ashley Stein

Articles

No abstract provided.

Vampire Narratives: Looking At Queer-Centric Experiences In Comparison To Hetero-Centric Norms In Order To Model A New Queer Vampiric Experience, Marah Heikkila

Master's Theses and Doctoral Dissertations

This thesis examines vampire narratives such as Twilight, The Vampire Diaries, True Blood, From Dusk Till Dawn, The Gilda Stories, and Fledgling using queer and sexuality studies frameworks to look at salient patterns in the texts. The project focuses on how gender performances take place in the text, what the performances mean, and what the implications of them are. In addition to gender performance, in the thesis, I also look at how vampire narratives influence and transform binaries related to gender and sexuality. Furthermore, while popular narratives such as Twilight are fan favorites, there are …

Waldenström Macroglobulinemia: Mechanisms Of Disease Progression And Current Therapies, Ava J. Boutilier, Lina Huang, Sherine F. Elsawa

Faculty Publications

Waldenström macroglobulinemia is an indolent, B-cell lymphoma without a known cure. The bone marrow microenvironment and cytokines both play key roles in Waldenström macroglobulinemia (WM) tumor progression. Only one FDA-approved drug exists for the treatment of WM, Ibrutinib, but treatment plans involve a variety of drugs and inhibitors. This review explores avenues of tumor progression and targeted drug therapy that have been investigated in WM and related B-cell lymphomas.

Application Of Soil Moisture Active Passive (Smap) Satellite Data In Seismic Response Assessment, Ali Farahani, Mahsa Moradikhaneghahi, Majid Ghayoomi, Jennifer M. Jacobs

Faculty Publications

The proven relationship between soil moisture and seismic ground response highlights the need for a tool to track the Earth’s surface soil moisture before and after seismic events. This paper introduces the application of Soil Moisture Active Passive (SMAP) satellite data for global soil moisture measurement during earthquakes and consequent events. An approach is presented to study areas that experienced high level of increase in soil moisture during eleven earthquakes. Two ancillary datasets, Global Precipitation Measurement (GPM) and Global Land Data Assimilation (GLDAS), were used to isolate areas that had an earthquake-induced increase in soil moisture from those that were …

A One-Dimensional Field Dislocation Mechanics Model Using Discontinuous Galerkin Method, Ja'nya Breeden, Dow Drake, Jay Gopalakrishnan, Saurabh Puri

Mathematics and Statistics Faculty Publications and Presentations

A numerical solution strategy for a one-dimensional field dislocation mechanics (FDM) model using the Discontinuous Galerkin (DG) method is developed. The FDM model is capable of simulating the dynamics of discrete, nonsingular dislocations using a partial differential equation involving a conservation law for the Burgers vector content with constitutive input for nucleation and velocity. Modeling of individual dislocation lines with an equilibrium compact core structure in the context of this continuum elastoplastic framework requires a non-convex stored energy density. Permanent deformation and stress redistribution caused by the dissipative transport of dislocations is modeled using thermodynamics-based constitutive laws. A DG method …

Periodic Points Of Polynomials Over Finite Fields, Derek Garton

Mathematics and Statistics Faculty Publications and Presentations

Fix an odd prime p. If r is a positive integer and f is a polynomial with coefficients in Fpr, let Pp,r⁡(f) be the proportion of P1⁢(Fpr) that is periodic with respect to f. We show that as r increases, the expected value of Pp,r⁡(f), as f ranges over quadratic polynomials, is less than 22/(log⁡log⁡pr). This result follows from a uniformity theorem on specializations of dynamical systems of rational functions over residually finite Dedekind domains. The specialization theorem generalizes previous work by Juul et al. that holds for rings of integers of number fields. Moreover, under stronger hypotheses, we effectivize …

De La Peinture Moderne En Face De La Violence: Une Étude Comparative Entre Les Peintres Français Et Algériens En Contexte De Guerre, Occupation Ou Oppression Coloniale, Olivia J. W. Smith , '22

Senior Theses, Projects, and Awards

No abstract provided.

À L’Intersection Du Spatial Et Du Social: Une Étude De L’Urbanisme Colonial Dans Paris Et Alger, Sophie Brown , '22

Senior Theses, Projects, and Awards

No abstract provided.

Teaching Secondary Market Research Through Active Learning Workshops, Wendy G. Pothier

Faculty Publications

No abstract provided.

Pieces Of The Whole: Using The Research Process To Integrate Data Management And Information Literacy Skills, Patricia Condon, Megan Bresnahan, Eugenia Opuda

Faculty Publications

The research process is naturally embraced as part of the academic curriculum in higher education. Graduate students write theses and dissertations based on their original scholarships, undergraduate stu­dents produce papers for courses and work in labs or in the field, and both participate in faculty-led research projects. The research process is tack­led holistically through coursework, yet when library instructors are invited to teach students about information literacy and research data management topics, these may be presented as tangential to or mistimed with other course content and learning activities. In this chapter, the authors present a com­prehensive, student-centered model for teaching …

Data Visualization Using External Data, Sarah H. Theimer

Faculty Publications

This presentation describes how OpenRefine properties (native language, country of citizenship, sex/gender and religion/worldview can be used to enhance MARC data and provide more information about a library collection. The most authors did match to a Wikidata record. Of the records that matched sex/gender was the most frequently populated property. Using Alma’s Data Visualization feature we linked Wikidata properties with alma information to get a clearer understanding of the authors in the philosophy collection.

Modified Vaccinia Ankara Expressing Eehv1a Glycoprotein B Elicits Humoral And Cell-Mediated Immune Responses In Mice, Taylor Pursell, Jennifer L Spencer Clinton, Jie Tan, Rongsheng Peng, Paul D Ling

Faculty, Staff and Students Publications

Elephant endotheliotropic herpesvirus (EEHV) can cause lethal hemorrhagic disease (EEHV-HD) in Asian elephants and is the largest cause of death in captive juvenile Asian elephants in North America and Europe. EEHV-HD also has been documented in captive and wild elephants in their natural range countries. A safe and effective vaccine to prevent lethal EEHV infection would significantly improve conservation efforts for this endangered species. Recent studies from our laboratory suggest that EEHV morbidity and mortality are often associated with primary infection. Therefore, we aim to generate a vaccine, particularly for EEHV1 naïve animals, with the goal of preventing lethal EEHV-HD. …