Digital Commons Network^™

Just And Equitable, But Not Practicable: The Problems Of A Loosely Factored Spousal Support Framework In Oregon And Potential Solutions, Aime Lee Ohlmann

Lewis & Clark Law Review

Spousal support in Oregon, as in many states, is based upon a loosely factored framework that allows wide judicial discretion and limited predictability for practitioners. This makes routine settlement of the issue of spousal support challenging and increases litigation. Many states and organizations have developed frameworks for spousal support “calculators” or “formulas” that provide more predictable and consistent results for families and practitioners and better meets the established goals of spousal support. This Note explores the problems of a loosely factored framework, what solutions exist in other states, and what solutions may be implemented in Oregon.

Minding Accidents, Teneille R. Brown

University of Colorado Law Review

Tort doctrine states that breach is all about conduct. Unlike in the criminal law context, where jurors must engage in amateur mindreading to evaluate mens rea, jurors are told that they can assess civil negligence by looking only at the defendant’s external behavior. But this is false. Here I explain why, by incorporating the psychology of foresight. Foreseeability is at the heart of negligence—appearing as the primary test for duty, breach, and proximate cause. And yet, it has been called a “vexing morass” and a “malleable standard” because it is so poorly understood. This Article refines and advances the construct …

A Deliberative Democratic Theory Of Precedent, Glen Staszewski

University of Colorado Law Review

Stare decisis is widely regarded as a vital mechanism for promoting the rule of law. Yet high courts can always overrule prior decisions with a special justification, and different justices will inevitably have different perspectives on when such a justification exists. Moreover, when courts rely on stare decisis to follow a mistaken or unjustified decision, they arguably undermine the rule of law. Stare decisis therefore does not, and probably cannot, reliably promote a formal conception of the rule of law.

While this reality might lead us to conclude that we should give up on horizontal stare decisis, presumptive deference to …

Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux

University of Colorado Law Review

No abstract provided.

Loving Reparations, Eric J. Miller

University of Colorado Law Review

No abstract provided.

The Dark Sun Network, Frédéric Gilles Sourgens

University of Colorado Law Review

Climate scientists agree that climate change will soon require the deployment of a highly dangerous geoengineering approach known as “solar radiation management.” Solar radiation management uses chemical or physical barriers to solar energy entering the atmosphere and thereby forces global temperatures downwards almost immediately by creating “artificial shade.” Problematically, the unilateral deployment of domestic solar radiation management approaches can have different and potentially devastating effects around the world, even if they help the country deploying the approach to limit the worst climate change consequences at home. So far, there is no global governance framework that can guide the development and …

Environmental Evidence, Seema Kakade

University of Colorado Law Review

The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as nonexperts with little valuable knowledge. This Article explores the lived experience with pollution as …

Climate Change And Modern State Common Law Nuisance And Trespass Tort Claims, Jack Wold-Mcgimsey

University of Colorado Law Review

This Comment examines the use of state common law tort claims to address climate change. The aim of this work is not to provide an in-depth examination of these issues, but rather to provide a contextualized and comprehensive overview of some of the most important issues in this field using modern cases actively being litigated. This Comment comes to the conclusion that the future of common law nuisance and trespass claims in the context of climate change is, for now, unclear. Given the national and global implications of climate change, courts may find that isolated states cannot set binding precedents …

Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent

University of Colorado Law Review

The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental sustainability, racial desegregation, and the economic stability of cities and states. However, passing zoning reform measures is complicated by local political opposition and the potential for unintended consequences. The best approach to pass zoning reform while ensuring that cities and states truly address housing affordability is to craft zoning reform …

How To (Not) Do Things With Judicial Opinions: Minding The Performative Power Of Facts And Dicta, Mb Beasley

University of Colorado Law Review

"Three generations of imbeciles are enough."l These words of Justice Oliver Wendell Holmes are some of the most infamous and evocative penned from behind the bench of the Supreme Court of the United States. Beyond the feelings of revulsion reading the opinion causes, the facts that Justice Holmes declared to be true and the dicta he used to bolster the Court's holding in Buck v. Bell helped to create the social world we live in today and continue to affect it. Though previous scholarship has recognized the importance of acknowledging the performative power of words in the legal field, little …

Separation Of Church And Law: The Ministerial Exception In Demkovich V. St. Andrew The Apostle Parish, Jonathan Murray

University of Colorado Law Review

Religious freedom is increasingly invoked to defeat liability for behavior that has long been regulated under accepted, neutral law, an argument to which many courts and judges appear receptive. One such area of law seeing this activity is the ministerial exception-a judicial principle recognized under the First Amendment. The ministerial exception guarantees religious organizations' discretion in how they select their "ministers,"or religious employees dedicated to the organization's religious mission. However, current law lacks clarity regarding the application of the exception to an organization's treatment of its ministers. Recently, the Seventh Circuit, sitting en banc, chose to categorically expand the application …

Intellectual Property, Antitrust, And Access To Essential Technologies, Joy Y. Xiang

Lewis & Clark Law Review

This Article explores whether and how we may leverage antitrust law to calibrate the exploitation of intellectual property (“IP”) rights—e.g., IP licensing—to facilitate needed access to essential technologies. The Article’s motivation is to help developing countries find an effective way to address their complaints that owners of IP-protected technologies refuse to license needed technologies or charge unfairly high prices. The Article concludes that leveraging antitrust law unilaterally to address these typical challenges developing countries experience in accessing essential technologies may be more effective and efficient than attempting to change the IP regime. The IP regime is governed by negotiated and …

Covid-19, Free Exercise, And Most Favored Nation Status, Mark Strasser

Lewis & Clark Law Review

Commentators and some Justices suggest that religious activity is accorded a kind of Most Favored Nation status under free exercise guarantees—if a statutory exception is made for a relevantly similar secular activity, then an exception must also be made for religious activity. Such an approach would require a careful consideration of which secular activities were relevantly similar to religious activities to warrant protecting the latter. But the Most Favored Nation approach involves a mischaracterization of the past jurisprudence. Further, as is evidenced in the COVID cases, the U.S. Supreme Court does not engage in a nuanced consideration of which activities …

Some Realism About Choice-Of-Law Statutes And The Common Law: The Oregon Example, John T. Parry

Lewis & Clark Law Review

Choice-of-law doctrine presents perpetual change. Common law doctrine is the primary driver of these changes, but change and reform need not come from common law alone. As Robert Leflar once observed, “it should not make much difference whether a governing choice-of-law rule . . . is found in the common law or in a statute. The same rule might be formulated in either way.” This Article assess the utility of choice-of-law statutes, on their own merits and as a substitute for common law reform. The Article begins by surveying the choice-of-law landscape, with its twin problems of multiplicity of methods …

Artful Deception: The Multilevel Marketing Industry's Use Of Smoke And Mirrors To Hide Their Pyramid-Shaped Truths, Hailey Stauffer-Person

Lewis & Clark Law Review

In the United States, the line between financial fraud and legal business opportunity is blurry at best. Multilevel marketing companies have mastered the art of walking in the gray area while avoiding the majority of government regulators. In 2020, the direct sales industry experienced over $40 billion in sales and involved over 7 million Americans as distributors. Countless Americans fall victim to multilevel marketing frauds each year and the U.S. government has done little to protect them from the industry’s inherent manipulation. The recent growth of the industry during the COVID-19 pandemic and the defeat of President Donald Trump has …

The New Orleans Transformation: Foster Care As A Rare, Time-Limited Intervention, Josh Gupta-Kagan, Christopher Church, Melissa Carter, Vivek Sankaran, Andrew Barclay

Lewis & Clark Law Review

This Article offers an initial evaluation of one reformed child protection system—New Orleans, Louisiana—and describes how a system that dramatically reduces the number of children in foster care might look. This system shows how a major metropolitan area can shrink its daily population of children in foster care to the low double digits, which would correspond to a reduction of the national daily foster care population by about 360,000. This reduction was mostly due to sending children home—usually to the homes from which they were removed—within days or weeks of removal, raising questions about the necessity of the original removal. …

Training A Public Accommodations Lens On Vaccine Passports, Paul Diller

Lewis & Clark Law Review

The Covid pandemic and the rise of smartphone technology enabled the use of “vaccine passports”—that is, a requirement to show proof of vaccination against Covid—on a scale unmatched before in human history. In the United States, many public accommodations such as restaurants, coffee shops, stadiums, and movie theaters required patrons to show proof of vaccination in order to enter or consume food and drink on the premises. In approximately two dozen local jurisdictions as well as the District of Columbia and Puerto Rico, government mandated that public accommodations do this, with varied carveouts for religious objections and medical or age-based …

Socioeconomic Status Under Title Vii: Why Socioeconomic Status Should Be Protected And How Class-Based Discrimination Already Violates The Law, Ember Devaul

Lewis & Clark Law Review

Title VII of the Civil Rights Act was enacted with a goal to end workplace discrimination. However, many workers still face discrimination today based on factors that were intended to be protected by the statute. This Comment discusses the severity of socioeconomic discrimination and why prohibiting discrimination based on socioeconomic status is important, explores how the addition of socioeconomic status as a protected class under Title VII is supported by both legislative intent and judicial interpretation, and dissects how employers are already opening themselves up to liability under Title VII when they discriminate based on an individual’s socioeconomic status.

Court Reform And The Promise Of Justice: Lessons From Reconstruction, David H. Gans

Lewis & Clark Law Review

The Supreme Court is broken. How should we fix it? This Article argues that Reconstruction, a period in American history when the role of the Supreme Court in American life was hotly debated and Congress repeatedly took steps to reform the courts, provides important and underappreciated lessons.

Reconstruction’s model makes clear that when the Supreme Court runs roughshod over constitutional rights, Congress need not sit on the sidelines. Rather, the Constitution gives it powerful tools of reform. Congress can (1) change the composition of the Court, (2) alter its jurisdiction and regulate its proceedings, and (3) use its express enforcement …

Socioeconomic Rights In Latin America: Closing The Gap Between Aspiration And Reality, David Landau

Scholarly Publications

Latin America is the region where constitutional socioeconomic rights have been taken most seriously. There is a high level of convergence around the idea that socioeconomic rights belong in constitutions. Moreover, there is a growing regional consensus that socioeconomic rights are fully justiciable. The empirical record of judicial enforcement, on the other hand, shows more variance and is less transformative than this consensus would suggest. Courts most commonly follow models of enforcement that place relatively low levels of strain on conceptions of judicial role but are also less likely to have transformative effects. For example, many courts seem to prefer …

Dobbs, Democracy, And Dysfunction, David Landau, Rosalind Dixon

Scholarly Publications

No abstract provided.

Chemosensory System Of Tsetse Flies (Diptera: Glossinidae), M. N. Getahun, R. W. Macharia, S. G. Nyanjom, G. F. Obiero, S. Diallo, P. O. Mireji, D. Masiga

All Peer-Reviewed Publications

Tsetse flies are exclusively hematophagous and vectors of trypanosomes, which cause human and animal African trypanosomiasis. They are widely distributed in Africa, with 33 extant taxa and 22 species in three sub-genera. Despite a low reproductive rate, tsetse can maintain populations large enough to cause the restriction of the economic use of large areas of tropical Africa through the transmission of trypanosomiases. This success is largely due to their ability to navigate in their environments, using olfactory signals, which elicit critical behavioural phenotypes, such as attraction to hosts for blood meals, larviposition and resting sites, as well as avoidance of …

Comparison Between Jet Injector And Traditional Needle Syringe During Infiltration Anesthesia In Pediatric Patients, Heba O. Elbadry, Salwa M. Awad, Hossam E. Hammouda

Mansoura Journal of Dentistry

Objective

To evaluate the pain level during infiltration anesthesia with needle free jet injectors in pediatric patients.

Method

38 cooperative healthy child aged 4–7 years were selected to be anesthetized with both methods of injection, the needles jet injector and the conventional infiltration technique. The selected group was divided randomly into two groups of 19 child each, control group I (conventional needle) and study group II (jet injector). The pain levels were measured according to Wong-Baker Faces Pain (Rating) scale (WBFPS), to determine the level of acceptance of each method. The measuring of the pain level was done after administration …

Validity Of Tanaka-Johnston Analysis For Egyptians, Ibrahim M. Abd-Elgawad, Marwa S. Shamaa, Ahmed M. Fouda

Mansoura Journal of Dentistry

Objective

This study aimed to assess whether Tanaka-Johnston mixed dentition analysis using digital models is applicable to Egyptians.

Materials and methods

Ninety patients were included in this study with ages ranging from 12 to 25 years old. Impressions were taken from all patients using alginate impression material and casts were poured immediately using a dental plaster with quality dimensional accuracy and surface detail reproduction. The casts were trimmed and polished to obtain high-quality study models. Three-dimensional (3D) digital models were reconstructed using a laser scanner. Measurements of teeth widths by both manual and digital techniques were compared for intra-operator reliability …

Effect Of Different Surface Pretreatment Agents On Microtensile Bond Strength And Micromorphological Analysis Of Mdpb-Containing Self-Etch Adhesive/Dentin Interface, Lina N. Ahmed, Fardous F. El-Senduny, Hamdi H. Hamdan, Salah H. Mahmoud

Mansoura Journal of Dentistry

Objectives

To evaluate the effect of different surface pretreatment agents on µTBS and micromorphology of MDPB-containing adhesive/dentin interface.

Materials/methods

In all, 56 human molars were divided according to the used pretreatment material (chlorohexidine, riboflavin, papain, and untreated control group) and then divided according to the aging time (immediate: 24 h and delayed: after 6 months). Teeth were restored using the MDPB-containing bond followed by the resin composite. µTBS test was done followed by failure mode analysis. Another 16 molars following the previous study design were used to evaluate the micromorphology of restoration/tooth interface.

Results

Two-way ANOVA test showed that the …

Comparison Of Centering Ability And Fatigue Resistance Of Three Nickel-Titanium Rotary Instruments: An In-Vitro Study, Yousra A. S. Moustafa, Medhat T. El Faramawy, Tariq Y. Abdelrahman

Mansoura Journal of Dentistry

Objective

To evaluate canal centering ability by using different irrigants and cyclic fatigue resistance.

Materials and methods

Sixty-three teeth were randomly classified into three main groups according to the type of files: group 1 (n=21) M-Pro Files. Group 2 (n=21) 2Shape files. Group 3 (n=21) ProTaper Universal files (PTU). Each group was subdivided into 3 subgroups according to the type of irrigation used (Saline, NaOCl, MTAD). A total of 42 rotary files (M-pro, 2Shape, PTU) were classified into 3 main groups. Each group (n=14), then each group was subdivided into 2 subgroups (n=7). Data were analyzed using Shapiro-Wilk test. Data …

Evaluation The Adhesive Remnant Index Of Two Different Adhesive Systems Using Two Different Curing Times, Mohammad Riad Al Salem, Nehal Fouad Albelasy, Essam Elsaeid Al-Wakeel, Yasser Lotfy Abdelnaby

Mansoura Journal of Dentistry

Objectives: To evaluate the adhesive remnant index (ARI) of orthodontic brackets bonded with two adhesive systems using two different light curing times.

Materials and methods: Fifty-six extracted premolars were divided into two groups (n= 28) depending on the type of adhesive system used; Total-Etch (TE) Transbond XT and Self-Etch (SE) Transbond Plus. Each group was subdivided into two subgroups (n= 14) based on the curing time; 20 seconds and 3 seconds. The ARI was evaluated in each subgroup. The significance level was set at P≤ 0.050.

Results: The ARI showed that there was a statistically significant difference in ARI between …

Effect Of Water Storage On Repair Bond Strength Of Resin-Based Composite To Different Restorative Materials, Dina A. Omar, Huda Abed El-Haliem, Noha El-Wassefy, Salah H. Mahmoud

Mansoura Journal of Dentistry

Objective: To investigate the effect of water storage on repair bond strength (RBS) of resin composite to five restorative materials using either a silane and a bonding agent or a universal bond. Materials and Methods: Five materials which are amalgam, direct composite, indirect composite, hybrid ceramic, and feldspathic ceramic were used in this study. Twenty- eight cube-shaped specimens from each material were fabricated, all specimens were sandblasted (Al2O3; 50 µm) and then classified into two equal groups (n=14) according to the surface treatment method (total-etch bond and silane coupling agent or universal bond). Each group was further divided into 2 …

Universal Versus Glass Ionomer –Based Adhesive: Effect On Shear Bond Strength And Micro-Morphological Analysis Of Resin Modified Glass Ionomer Restorative Material /Dentin Interface, Gehad Mohamed Kassem, Huda Abed El -Haliem Mohammed, Ashraf Ibrahim Ali

Mansoura Journal of Dentistry

Objectives: : To evaluate universal versus glass ionomer –based adhesive, effect on shear bond strength and micro-morphological analysis of resin modified glass ionomer restorative material /dentin interface.

Materials and methods: 120 sound human molars were selected for our study. Subsequently, teeth were prepared by removing the occlusal enamel and exposing mid dentin. The roots of teeth were fixed to the base of a tube filled with acrylic resin. Teeth were divided into two groups according to type of RMGI (n=60) and then each group was subdivided into three subgroups according to adhesive use (n=20). Cylindrical tubes were built by the …

Application Of Mcnamara Analysis To Evaluate The Skeletal And Dentoalveolar Effects Of The Hybrid Aesthetic Functional Appliance On Class Ii Division 1 Malocclusion, Sohaila Adnan Ahmed Zehairy, Mohammad Hasan Abdellatief, Ahmed Maher Fouda

Mansoura Journal of Dentistry

Objective: This study aimed to assess the skeletal and dento-alveolar changes associated with using the new hybrid aesthetic functional appliance in the correction of class II division 1 malocclusion. Materials and Methods: Sixteen patients aged (8-12y) who had skeletal class II division 1 caused by mandibular deficiency were chosen and treated with the hybrid aesthetic function appliance. Before and after treatment, lateral cephalometric radiographs, photographs and study casts were taken. The duration of treatment was about 9-12 months. Results: The hybrid aesthetic functional appliance improved the mandibular forward position (P = 0.005) and increased the mandibular effective length (P = …