Digital Commons Network^™

Epilogue: The Elephant In The Room, Jamal Greene

Faculty Scholarship

This chapter explores the contrasting role of proportionality discourse in the USA and in Latin America. Although the USA provided an important constitutional model for Latin American countries, the latter does not share the former’s disinterest in the proportionality framework, which is considered foreign to the legal tradition of the country despite the fact it is arguably harmonic with the approach to law creation in the common law tradition. The chapter seeks possible explanations for the contrast in four elements: the importance in Latin America of centralized, specialized constitutional jurisdiction; the tradition of borrowing constitutional jurisprudence from abroad; the openness …

Verification Dilemmas In Law And The Promise Of Zero-Knowledge Proofs, Kenneth A. Bamberger, Ron Canetti, Shafi Goldwasser, Evan J. Zimmerman

Faculty Scholarship

Individuals who wish to access a website or qualify for a loan are expected to expose personally identifying information, undermining their privacy and security. Firms share proprietary information in dealmaking negotiations which, if the deal fails, may be used by the negotiating partner for a competitive advantage. Regulators are expected to disclose their algorithmic tools to comply with public transparency and oversight requirements, a practice that risks rendering these tools circumventable and ineffective. Litigants might have to reveal trade secrets in court proceedings to prove a claim or defense. Such “verification dilemmas” — costly choices between opportunities that require the …

Practicing With Conviction: Race, Reentry, And The Legal Profession, Nicole Smith Futrell

Faculty Scholarship

Within recent years, different areas of the legal community have publicly addressed the need for racial justice. The killing of George Floyd and the reckoning with race that followed prompted law schools, bar associations, and court systems, as well as government, private, and non-profit legal organizations, to publicly acknowledge that racial disparities continue to persist in our society. While most of these legal institutions have made some recognition of the fact that the legal system has played a role in perpetuating systemic racism, they have essentially failed to address how discrimination against system-impacted individuals continues to deepen racial and socioeconomic …

A Scholarly Error And A Larger Truth, Philip A. Hamburger

Faculty Scholarship

Can Congress delegate its legislative power? The question has stimulated much recent scholarship, including Professor Nicholas Parrillo’s detailed study of the 1798 federal tax act. According to his article, the statute delegated binding rulemaking power. My recent SSRN draft Nondelegation Blues questions Parrillo’s conclusion. But now in this blog, he suggests that my article misreads his argument.

New Democracy: Finding Hope In The Past And Heavy Lifting For The Future, Kate Andrias

Faculty Scholarship

Bill Novak has written a remarkable book that debunks the myth that the American state was weak and unconcerned with providing for social welfare until it was transformed by the extraordinary leadership of President Franklin Delano Roosevelt. He shows with compelling detail that the New Deal was not a magical or anomalous moment, but rather came about because of legal, institutional, socioeconomic, and democratic “heavy lifting” that occurred over the course of the preceding seventy years.

Of Presidents, Democracy, And Congress, Gillian E. Metzger

Faculty Scholarship

Put one good thing down for the Trump presidency: It inspired Peter Shane to take up the pen to detail the fallacies of unitary executive theory and other forms of aggressive presidentialism. In Democracy’s Chief Executive, Shane provides a clear and powerful account for why unitary executive theory — the claim that the president can control the entire federal bureaucracy, which Shane notes usually includes the propositions that the president can fire any subordinate executive branch officer at will and determine how any discretion delegated to the executive branch is exercised — fails. As he explains, such propositions are …

Using Zero-Knowledge To Reconcile Law Enforcement Secrecy And Fair Trial Rights In Criminal Cases, Dor Bitan, Ron Canetti, Shafi Goldwasser, Rebecca Wexler

Faculty Scholarship

The use of hidden investigative software to collect evidence of crimes presents courts with a recurring dilemma: On the one hand, there is often clear public interest in keeping the software hidden to preserve its effectiveness in fighting crimes. On the other hand, criminal defendants have rights to inspect and challenge the full evidence against them, including law enforcement's investigative methods. In fact, in the U.S. adversarial legal system, the defendant's rights to scrutinize the government's tools are crucial to the truth-seeking process and to keeping law enforcement conduct lawful and constitutional. Presently, courts balance these conflicting interests on a …

Adversarial Scrutiny Of Evidentiary Statistical Software, Rediet Abebe, Moritz Hardt, Angela Jin, John Miller, Ludwig Schmidt, Rebecca Wexler

Faculty Scholarship

The U.S. criminal legal system increasingly relies on software output to convict and incarcerate people. In a large number of cases each year, the government makes these consequential decisions based on evidence from statistical software — such as probabilistic genotyping, environmental audio detection and toolmark analysis tools — that the defense counsel cannot fully cross-examine or scrutinize. This undermines the commitments of the adversarial criminal legal system, which relies on the defense’s ability to probe and test the prosecution’s case to safeguard individual rights.

Responding to this need to adversarially scrutinize output from such software, we propose robust adversarial testing …

Vulnerabilities In Discovery Tech, Neel Guha, Peter Henderson, Diego A. Zambrano

Faculty Scholarship

Recent technological advances are changing the litigation landscape, especially in the discovery context. For nearly two decades, technologies have reinvented document searches in complex litigation, normalizing the use of machine learning algorithms under the umbrella of “Technology-Assisted Review” (“TAR”). The latest technological developments are placing discovery beyond attorney understanding and firmly in the realm of computer science and engineering. As lawyers struggle to keep up, a creeping sense of anxiety is spreading in the legal profession about a lack of transparency and the potential for discovery abuse. Judges, attorneys, bar associations, and scholars warn that lawyers need to closely supervise …

The New Public/Private Equilibrium And The Regulation Of Public Companies, Elisabeth De Fontenay, Gabriel Rauterberg

Faculty Scholarship

This Symposium Article examines how the public/private divide works today and maps out some of the potential implications for major issues in securities law. Classic debates in securities law were often predicated on the idea that public companies are a coherent class of firms that differ markedly from private companies. For more than fifty years after the adoption of the federal securities laws, this view was justified. During that period, the vast majority of successful and growing private firms eventually accepted the regulatory obligations of being public in order to access a wider and deeper pool of capital, among other …

Regulation Of Polyfluoroalkyl Chemicals In New York, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are two polyfluoroalkyl chemicals (PFAS) – a class of over 7,000 compounds with unique chemical structures that repel lipids and water. As a result, PFOA and PFOS have been used in numerous household products, such as nonstick cookware and stain-resistant carpets, and commercial applications such as firefighting foam. PFOS and PFOA are frequently referred to as “emerging contaminants,” a label with no precise regulatory definition but generally understood to refer to chemicals for which there are few published standards designed to protect human health and the environment from perceived hazards. Many PFAS compounds …

Zion National Park Satellite Image, Ellie Leydsman Mcginty, R. D. Ramsey

Wildland Resources Faculty Publications

As a contribution to the Utah as Art collection created by UtahView, a member of the AmericaView consortium (https://americaview.org/), this image of Zion National Park, Utah is intended to act as an educational resource to increase interest in the contributions of remote sensing satellites as an aid to Earth resource management. Zion National Park, located in southwestern Utah, is Utah’s oldest and most visited national park. The area was initially established in 1909 as Mukuntuweap National Monument to protect the towering sandstone cliffs, majestic slot canyons, and archeological sites. Mukuntuweap, a Paiute word meaning straight canyon, refers to the soaring, …

The Enhanced Effect Of A Twitter Intervention On Pell Grant Recipients 6-Year Stem Graduation Rates, Greg Heiberger, Ray Junco, Sumadhuri Pamarthi

Biology and Microbiology Faculty Publications and Datasets

This study evaluates the long-term impact of a randomized controlled study which utilized Twitter as an educational intervention to extend the course beyond the physical and time constraints of face-to-face instruction. Participants included 125 undergraduates from a mid-sized midwestern doctoral granting university in the United States. Outcomes previously published include increased engagement and grades for the intervention group (Twitter) compared to the control group. In the longitudinal study presented here, interaction effects were analyzed between GPA, ACT, gender, and socio-economic status with first-to second year retention rates, 6-year graduation rates and 6-year graduation rates in STEM fields.
A statistically significant …

Visual Oscillation Effects On Dynamic Balance Control In People With Multiple Sclerosis, Lara I. Riem, Scott A. Beardsley, Ahmed Z. Obeidat, Brian D. Schmit

Biomedical Engineering Faculty Research and Publications

Background: People with multiple sclerosis (PwMS) have balance deficits while ambulating through environments that contain moving objects or visual manipulations to perceived self-motion. However, their ability to parse object from self-movement has not been explored. The purpose of this research was to examine the effect of medial-lateral oscillations of the visual field and of objects within the scene on gait in PwMS and healthy age-matched controls using virtual reality (VR).

Methods: Fourteen PwMS (mean age 49 ± 11 years) and eleven healthy controls (mean age: 53 ± 12 years) participated in this study. Dynamic balance control was assessed while participants …

Challenging The Norm: Raising The Bar For Educators Of Foster Youth, Valerie A. Storey, Fletcher Roschanda

All Faculty and Staff Scholarship

An increasing number of foster youth find themselves representing a vast majority of the most academically vulnerable population. The trauma and neglect experienced by foster youth is but one of many factors influencing educational achievement. The role of educators in foster youth educational attainment is critical. It requires teachers and school leaders to understand the complexities of trauma; to positively develop comprehensive knowledge of trauma-informed practices; and the ability to create a learning environment where foster youth feel supported in their educational journey.

Aristotle’S Twofold Conception Of Time, Isidoro Talavera

All Faculty and Staff Scholarship

Why does Aristotle say that there is no time without change? Proceedings of the Aristotelian Society, 101, 359-367.Ursula Coope's view is that since Aristotle defines time as a kind of number of change with respect to the before and after, it is a universal order within which all changes are related to each other (Coope, U. 2005. Time for Aristotle: Physics IV.10-14. Oxford: Oxford University Press.). Derivatively, this slanted concern with what is the relation between time and change is problematic, for as Brittany A. Gentry recently suggests, an interpretation of presentism, for example, allows one to endorse the view …

The United Nations Security Council And Arms Control: A Failure Of Responsibility, Mary Ellen O'Connell, Sawyer White

Book Chapters

From the Publisher
Chapter thirty-six critically examines the UN Security Council's role in arms control law. The authors argue that the Permanent Members of the Security Council have failed time again to meet nuclear non-proliferation obligations. The chapter pinpoints that - far from preventing proliferation - members of the Security Council are responsible for every state that has acquired nuclear weapons in violation of the NPT since the treaty's inception. This failure is not without consequence. For decades, there was a sense of prestige and a degree of deference that the Security Council and its P5 members enjoyed. This was …

Targeted Killing, Mary Ellen O'Connell

Book Chapters

From the Introduction

Targeted killing is the intentional use of lethal force by government authorities to kill selected persons not in the government’s custody. This is also a definition of assassination. It is widely accepted that assassination violates the right to life. For this reason, the term ‘targeted killing’ came into use in place of assassination to convey a perception of legality.

Fundamental Rights And Fundamental Relationships: The Family In Comparative Constitutional Law, Paolo G. Carozza

Book Chapters

The chapter is part of the Proceedings of the 2022 Plenary Session
The Family as a Relational Good: the Challenge of Love
27-29 April 2022
Pierpaolo Donati (editor)
Acta 23, Libreria Editrice Vaticana, Vatican City, 2023

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Telehealth Delivery Of A Multi-Disciplinary Rehabilitation Programme For Upper Gastro-Intestinal Cancer: Restore@Home Feasibility Study, Louise Brennan, Fatemeh Sadeghi, Linda O'Neill, Emer Guinan, Laura Smith, Graine Sheill, Suzanne Doyle, Claire M. Timon, Deirdre Connolly, Jacintha O'Sullivan, John V. Reynolds, Juliette Hussey

Articles

Advances in diagnosis and the treatment for upper gastro-intestinal (UGI) cancers have led to improved survival rates and, consequently, to a larger population of survivors of many types of UGI cancer [1,2]. Progress in survivorship care for UGI cancer remains poor, and many survivors experience ongoing negative physical and psychosocial impacts of treatment, which can have profound and long-term impacts on physical function and quality of life (QOL) [3,4]. At one year post-op, 40% of survivors report poor physical function, and significant reductions in walking distance, cardiorespiratory fitness and muscle strength are observed, along with a high prevalence of fatigue …

Ecological Factors And Childhood Eating Behaviours At 5 Years Of Age: Findings From The Rolo Longitudinal Birth Cohort Study, Anna Delahunt, Marie C. Conway, Eileen C. O’Brien, Aisling A. Geraghty, Linda M. O’Keeffe, Sharleen L. O’Reilly, Ciara M. Mcdonnell, Patricia M. Kearney, John Mehegan, Fionnuala M. Mcauliffe

Articles

Individual differences in children eating behaviours have been linked with childhood overweight and obesity. The determinants of childhood eating behaviours are influenced by a complex combination of hereditary and ecological factors. This study examines if key ecological predictors of childhood overweight; maternal socio-economic status (SES), children’s screen time, and childcare arrangements, are associated with eating behaviours in children aged 5-years-old.

“The Sky Is Falling, The Sky Is Falling”: Why Inciting Mass Psychological Panics Should Trigger Legal Liability, Jason P. Kight, David Scott

Southern Illinois University Law Journal

With a twenty four hour, seven days a week news cycle and social media leaders, activists and other groups have more access to the public than ever before. This access can lead to events known as mass psychological panics that can have devastating outcomes. In this paper two main cases were examined: Harold Camping and his religious zeal that led to a mass psychological panic, and QAnon which led to the storming of the US Capitol in January of 2021. This paper posits that there should be a federal statute criminalizing incitement via social media.

2021-2022 Charter Schools Office Annual Report, Grand Valley State University

CSO Annual Reports

No abstract provided.

2021-2022 Michigan Council Of Charter School Authorizers (Mccsa) Annual Report, Bay Mills Community College, Central Michigan University, Detroit Public Schools Community District, Eastern Michigan University, Ferris State University, Grand Valley State University, Lake Superior State University, Northern Michigan University, Oakland University, Saginaw Valley State University

CSO Related Reports

No abstract provided.

2022 Portfolio Performance Report: Innovation In Learning, Grand Valley State University

Portfolio Performance Reports

No abstract provided.

January 2022 Report: Examining Teachers’ Perceptions Of School Working Conditions: Analysis Of Fall 2021 School Operations Survey, Kiel Mcqueen, Grand Valley State University

CSO Research Reports

In November 2021, the Grand Valley State University (GVSU) Charter School Office (CSO) partnered with Basis Policy Research (Basis) to administer the annual School Operations Survey. The survey solicits teachers’ perceptions on school culture and climate, school leadership, faculty commitment and responsibility, school resources and time use, and parent/guardian engagement. This research brief examines results from select GVSU schools meeting reporting requirements.

Athletic Injury And Resources For Student-Athletes: A Proposal For An Athlete Injury Playbook, Jessica J. Pauley

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Athletic injury happens frequently and is rarely predictable. While injury is common in sport involvement at all levels, this proposal focused on National Collegiate Athletic Association (NCAA) student-athletes and expanding the resources they have available to them. The vast literature on athletic injury and rehabilitation in sport has served researchers and academic consumers, and unfortunately, has lacked an easily accessible resource for student-athletes and sports medicine professionals to utilize. Therefore, the purpose of this doctoral paper was to propose a resource focused on post-athletic injury and written for collegiate student-athletes to understand called, The Secret Playbook. This playbook included information …

Western Region Health & Wellness Programming Efforts: Qualitative Results From A Three-Part Listening Session, Cris L. Meier, Lily Ward, Anders Van Sandt, Sue Schneider, Riana Gayle

All Current Publications

The purpose of this project was to understand the programming efforts and experiences of Extension professionals in the Western Region of the United States. The Health and Wellness Working Group team held a series of listening sessions with a closed cohort of Extension professionals, hoping to learn from each other while also building the foundation for future collaborations and conversations about health and wellness programing in the western region.

The objectives were to understand: (1) the state of health and wellness work in the western region, including the gaps and challenges, (2) the programs that currently exist and ways that …

Violence Everywhere: How The Current Spectacle Of Black Suffering, Police Violence, And The Violence Of Judicial Interpretation Undermine The Rule Of Law, David B. Owens

Articles

No abstract provided.