Digital Commons Network^™

Out Of Bounds?: Abortion, Choice Of Law, And A Modest Role For Congress, Susan Frelich Appleton

Scholarship@WashULaw

This invited contribution to a symposium on the multiple intersections of family law and constitutional law grapples with the emerging problems of jurisdictional competition and choice of law in interstate abortion situations in the wake of Dobbs v. Jackson Women’s Health Organization—as abortion-hostile states seek to impose restrictions beyond their borders and welcoming states seek to become havens for abortion patients, regardless of their domicile. Grounded in a conflict-of-laws perspective, the essay lays out the interstate abortion chaos invited by Dobbs and the threat to our federal system that it presents, given Congress’s failure to codify a national right to …

The Unabridged Fifteenth Amendment, Travis Crum

Scholarship@WashULaw

In the legal histories of Reconstruction, the Fifteenth Amendment’s drafting and ratification is an afterthought compared to the Fourteenth Amendment. This oversight is perplexing given that the Fifteenth Amendment ushered in a brief period of multi-racial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the historical record and provides a thorough accounting of the Fifteenth Amendment’s text, history, and purpose.

This Article situates the Fifteenth Amendment within the broad array of constitutional provisions, federal statutes, fundamental conditions, and state laws that enfranchised—and disenfranchised—Black men during Reconstruction. This Article then performs …

The Fourth Amendment And General Law, Daniel Epps, Danielle D'Onfro

Scholarship@WashULaw

For decades, Fourth Amendment protections have turned on “reasonable expectations of privacy.” But a new era may be dawning. There is growing interest among judges and scholars in turning away from privacy toward property or positive law as the touchstone for Fourth Amendment protections. Yet many questions remain about how that approach should work, such as where judges should look for positive law and precisely what role positive law should play in Fourth Amendment analysis.

This Article answers those questions, and in so doing lays forth a new, comprehensive theory of the Fourth Amendment. We argue that courts should interpret …

Becoming The Administrator-In-Chief: Myers And The Progressive Presidency, Andrea Scoseria Katz, Noah A. Roseblum

Scholarship@WashULaw

In a series of recent cases, the Supreme Court has mounted an assault on the administrative state, guided by a particular vision of Article II. According to the Court’s scheme, known as the theory of the unitary executive, all of government’s operations must be housed under one of three branches, with the single head of the executive branch shouldering a unique and personal responsibility for the administration of federal law. The Constitution is thus said to require that the President have expansive authority to supervise or control the government’s many agencies.

Guiding each of the Court’s recent decisions is Myers …

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

"We Give Them The Most Important Thing Possible. We Give Their Dreary Lives Excitement”: Toward A Theoretical Model Of Narrative Parasocial Engagement, Dominic Delbert Meyers

Electronic Theses and Dissertations

Video game narratives and characters are some of the most enjoyable and persuasive components of the video game industry. While narratives and character relationships within video games have been examined separately, there is no working model and little research attempting to bridge the connection between narratives and character relationships. This research combines Narrative Paradigm Theory and Parasocial Relationships to understand how narratives and character relationships influence each other in video game environments. This was done through rhetorical field methods, utilizing a focus group and narrative rhetorical analysis on the transcript of the focus group. Results provide a working model coined …

Modeling Of Transport In Anatomic Respiratory Airways: Applications In Targeted Drug Delivery And Airborne Pathogenic Transmissions, Mohammad Mehedi Hasan Akash

Electronic Theses and Dissertations

This thesis aims to explore the potential of improving the efficacy of drugs for treatment of viral infections by targeting the nasopharynx, which is commonly the first site of infection for many viral pathogens. Currently, intranasal sprays are used, but the standard protocol (“Current Use” or CU) results in suboptimal drug deposition at the nasopharynx. To address this issue, an “Improved Use” or, IU protocol has been proposed, which involves pointing the spray bottle at a shallower angle and aiming slightly towards the cheeks. The IU delivery is also robust to perturbations in spray direction, which highlights the practical utility …

Understanding Human Gut Bacterial Interactions And Their Role In Colonization Resistance Against Clostridioides Difficile Using Mini-Bioreactor Array And Caenorhabditis Elegans As Model Systems, Achuthan Ambat

Electronic Theses and Dissertations

No abstract provided.

Fungicide Sensitivity In P. Tritici-Repentis Diverse Population And Phenotyping Of Spelt Wheat For Multiple Diseases, Zunera Shabbir

Electronic Theses and Dissertations

Pyraclostrobin, a QoI fungicide, is extensively used in the management of fungal leaf spot diseases. In this study, 215 P. tritici-repentis isolates collected from wheat fields in South Dakota were evaluated for their sensitivity to Pyraclostrobin. Of 215 isolates, 48 isolates (22%) exhibited insensitivity based on G143A mutation and EC50 values using spore germination assay. Our results indicate reduced sensitivity to insensitivity to pyraclostrobin in some isolates suggesting regular monitoring of the P. tritici-repentis population to QoI fungicides is essential to track the evolution of insensitive population. Spelt wheat (Triticum spelta L.) is an ancient cereal that is gaining small …

U.S. Consumers’ Willingness To Pay For Raised Carbon-Friendly Beef: Moderation Effect Of Information And Consumer Characteristics, Mariam Ishaq

Electronic Theses and Dissertations

No abstract provided.

Development Of Corn Kernel-Based Biocomposite Films For Food Packaging Applications, Swastika Bera

Electronic Theses and Dissertations

Most of the current and active food packaging resources and methods are nonbiodegradable and nonrenewable therefore harmful to the environment. Due to this, alternate sources of food packaging materials are in high demand. In this study, a bio-composite film has been developed, with Corn kernel powder as fiber reinforcement which is mixed with gelatin, and lignin two biopolymers as the matrix. The effect of Corn Kernel (CK) reinforcement on the Gelatin/Lignin (G/L) matrix on mechanical and barrier properties has been studied. CK has shown great potential as reinforcement to natural polymer, gelatin, and lignin (G/L) for food packaging applications as …

Effects Of Dietary Genistein And Fugacity Modelling In An Aquaculture System, Travis Schaeffer

Electronic Theses and Dissertations

Fish production from aquaculture has continued to grow over the past several decades, with finfishes being fed formulated, fish meal-based diets supporting most of that industry’s growth. However, increased demand and costs, coupled with static volume and erratic supplies of fish meal, has resulted in the use of alternative plant-derived protein sources. A common oilseed protein source is soybean meal (SBM), because of its protein content and amino acid profile; however, it also contains multiple anti-nutritional factors, including phytoestrogens. Phytoestrogens are naturally produced, estrogenmimicking compounds, with isoflavones receiving the most investigation as higher levels of these compounds occur within SBM. …

Identification And Quantification Of Novel Antimicrobials, Hazera Khatun Koly

Electronic Theses and Dissertations

No abstract provided.

New York Environmental Legislation In 2022, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Several significant environmental bills were enacted by the New York legislature and signed by Gov.Kathy Hochul in 2022, and several others were vetoed. As a result of measures enacted last year, New York will see $4.2 billion invested in environmental protection, restoration, climate resiliency and clean energy projects; potential disproportionate and inequitable impacts on disadvantaged communities will become a key factor in determining whether environmental permits are issued; and apparel containing intentionally added per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the state. In addition, important changes were made to New York’s brownfield and wetlands laws. These …

Leading With The Trailing Edge: Facilitating Patient Choice For Insulin Products, Robin Feldman

Faculty Scholarship

Insulin prices have risen sharply, despite a century since its introduction. Against this backdrop, companies have discontinued dozens of insulin prod- ucts. Discontinuation could relate to safety or effectiveness, or to the over- whelming benefits of newer products. On the other hand, discontinuation could suggest strategic behavior hampering competition and supporting prices. To test these theories, this project examined every insulin discontin- uation, analyzing the role discontinuations play in insulin affordability. No evidence emerged of any discontinuation for safety or effectiveness. Rather, dozens of viable products were removed from the market, followed by more expensive versions, often with little or …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Wolf Law, David Takacs

Faculty Scholarship

Various populations of wolves have been listed as threatened or endan- gered under the U.S. Endangered Species Act since the 1970s. But no listed species has aroused, and continues to arouse, so much controversy as the Northern Gray wolf. “Wolf law” is unique, odd, and often counterproductive— at least if the goal is to ensure the species’ survival and revitalize damaged ecosystems upon which healthy human communities depend. This Article identifies some of the unique characteristics of wolf law, analyzes how and why it has developed in this strange way, and proposes some more sensible ways for healthy human communities …

Community Energy Exit, Sharon Jacobs, Dave Owen

Faculty Scholarship

Communities across the United States are taking advantage of new technologies and governance forms to assert greater control over their energy systems. For decades, energy provision throughout much of the nation was heavily centralized. Even where market-oriented reforms emerged, most consumers had little ability to take advantage of the changes. But resurgent interest in municipal takeover of energy systems, alongside new phenomena such as community choice aggregation and microgrid construction, are making what we call “community energy exit” a reality. Popular and academic commentators have hailed these developments as key steps toward decarbonization, social justice, and energy democracy. This Article …

Community Energy Exit, Dave Owen, Sharon Jacobs

Faculty Scholarship

No abstract provided.

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

Ultra-Low Intensity Post-Pulse Affects Cellular Responses Caused By Nanosecond Pulsed Electric Fields, Kamal Asadipour, Carol Zhou, Vincent Yi, Stephen J. Beebe, Shu Xiao

Electrical & Computer Engineering Faculty Publications

High-intensity nanosecond pulse electric fields (nsPEF) can preferentially induce various effects, most notably regulated cell death and tumor elimination. These effects have almost exclusively been shown to be associated with nsPEF waveforms defined by pulse duration, rise time, amplitude (electric field), and pulse number. Other factors, such as low-intensity post-pulse waveform, have been completely overlooked. In this study, we show that post-pulse waveforms can alter the cell responses produced by the primary pulse waveform and can even elicit unique cellular responses, despite the primary pulse waveform being nearly identical. We employed two commonly used pulse generator designs, namely the Blumlein …

Search Strategies For "Neuroendoscopic Evacuation Improves Outcomes Compared To External Ventricular Drainage In Patients With Spontaneous Intraventricular Hemorrhage: A Systematic Review With Meta-Analyses", Frank M. Mezzacappa, Luke J. Weisbrod, Cynthia M. Schmidt, Daniel Surdell

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.

Waste And Chemical Management In A 4°C World, Michael B. Gerrard

Faculty Scholarship

Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world. It is adapted …

The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Law Reform, Morgan Wahler

Law Student Scholarship

No abstract provided.

Plant-Herbivore Interactions In A Changing Climate And Implications For Seagrass Resilience, Caitlyn M. O'Dea

Theses: Doctorates and Masters

Climate change is affecting herbivore distributions and abundance, resulting in intensified grazing pressure on foundation species such as seagrasses. This, coupled with other, rapid changes in estuarine ecosystems, may threaten the resilience of seagrass. While the overall resilience of seagrasses is generally well-studied, the timeframes of recovery have received comparatively little attention, particularly in temperate estuaries. This study investigated the recovery time of two colonising seagrasses (Halophila ovalis and Ruppia megacarpa) following various intensities of simulated grazing in two southwestern Australian estuaries. Simulated grazing treatments (25%, 50%, 75%, and 100% removal from 1 m2 plots) were applied in field experiments …

Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.

Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …

Reframing The Dei Case, Veronica Root Martinez

Faculty Scholarship

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Autonomy And Disciplinarity: Can Pseudoprofessional Speakers Select Their Own Constitutional Categorization?, Joseph Blocher

Faculty Scholarship

No abstract provided.

Antimicrobial Resistance: Public Health Review Of Policy, Education, And Treatment [Senior Thesis], Elizabeth Mari '23, Leah M. Seebald (Thesis Advisor)

Chemistry Faculty Scholarship

This thesis is broken into two sections. Part 1 is public health focused, utilizing a literature review(part 1a) and a population based survey(part 1b). Part 2 looks at the synthesis of natural product, (R)-Dysidazirine.

Brief Of Intellectual Property Law Professors And Scholars As Amici Curiae In Support Of The Respondents, Bernard Chao, Kevin Emerson Collins, Christopher A. Cotropia, Charles Duan, Oskar Liivak, Joseph Scott Miller, Arti K. Rai, Michael S. Sinha, S. Sean Tu, Liza Vertinsky

Faculty Scholarship

This amicus brief was written in support of Sanofi (generic pharmaceutical firm). The brief explains why patent claims cannot exceed the scope of what was disclosed in the patent specification. The brief argues that when a patentee invents narrowly, meaning they find and disclose only a limited set of solutions and where they cannot provide a generalizable principle that unites a broader set of solutions, then that inventor has not invented broadly. Accordingly, their claims should be limited to what was explicitly disclosed.