Digital Commons Network^™

Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford

Scholarly Works

Climate policy increasingly focuses on pathways to achieving net zero greenhouse gas emissions by 2050, providing a clear standard against which to evaluate energy system planning. Examining the current and projected fuel mix of the electric power sector in the southeastern United States shows that an ongoing transition to natural gas for electricity risks locking in decades of greenhouse gas emissions at levels fundamentally incompatible with net zero goals. Furthermore, southeastern regulatory proceedings are not well designed to engage with this reality, although useful regulatory models are emerging. Natural gas will remain an important part of the southeastern fuel mix …

Presuming Trustworthiness, Ronnell Andersen Jones, Sonja R. West

Scholarly Works

A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …

Business Associations, Scott Lowry

Scholarly Works

This Article surveys a selection of noteworthy cases involving business associations that Georgia courts decided between June 1, 2022 and May 31, 2023. This Article also briefly highlights the 2023 update to the Georgia Nonprofit Corporation Code, sections 14-3-101–1703 of the Official Code of Georgia Annotated, which was signed by Governor Kemp on May 2, 2023, and took effect on July 1, 2023.

The Contours Of Gun Industry Immunity: Separation Of Powers, Federalism, And The Second Amendment, Hillel Y. Levin, Timothy D. Lytton

Scholarly Works

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), granting the firearms industry sweeping immunity from civil lawsuits. However, PLCAA immunity is not absolute. This Article demonstrates that both state and federal courts have fundamentally misread PLCAA when adjudicating cases involving the scope of gun industry immunity. Properly understood, PLCAA permits lawsuits against the gun industry so long as they are based on statutory causes of action rather than common law. While broadly preempting state common law claims, PLCAA affords state legislatures autonomy in deciding how to regulate the gun industry within their borders.

Additionally, this …

Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee

Scholarly Works

At a time when many international organizations are focusing on bringing companies on board as partners for important goals like climate mitigation and adaptation, but even shareholders of major multinational companies are seeking to discipline pernicious lobbying by trade associations, it is important to evaluate how to maximize the benefit and restrain the harms of business participation in international governance. This article offers a brief history of engagement between international organizations and industry and trade associations, reviews arguments for embracing or restraining the participation of those groups, and develops a five-part framework for regulations to govern their access.

The Pledging World Order, Melissa J. Durkee

Scholarly Works

There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …

A Guide To Mireille Delmas-Marty's “Compass”, Diane Marie Amann

Scholarly Works

This essay appears as the Afterword (pp. 55-64) to a volume featuring an important work by the late Mireille Delmas-Marty (1941-2022) titled A Compass of Possibilities: Global Governance and Legal Humanism. A Collège de France de Paris law professor and one of the pre-eminent legal thinkers of her generation, Delmas-Marty and the essay’s author were longtime colleagues and collaborators. The volume contains an English translation of a 2011 lecture by Delmas-Marty, originally titled “Une boussole des possibles: Gouvernance mondiale et humanismes juridiques.” Amann’s essay surveys that writing, in a manner designed to acquaint non-francophone lawyers and academics with Delmas-Marty’s …

Absolute Official Immunity In Constitutional Litigation, Michael L. Wells

Scholarly Works

Absolute official immunity blocks recovery for constitutional violations that occur in the course of legislative, judicial, prosecutorial, and testimonial functions, no matter how egregiously the officer has acted. The basic policy underlying the doctrine is that constitutional litigation will produce unacceptable social costs, mainly by discouraging officials from acting boldly and effectively in the public interest. It may be necessary to sacrifice the vindication of constitutional rights and deterrence of violations in some circumstances, but the Court’s broad function-based limits give too much weight to the costs of constitutional remedies and pays too little attention to the vindication and deterrence …

Constructing The Supreme Court: How Race, Ethnicity, And Gender Have Affected Presidential Selection And Senate Confirmation Hearings, Christina L. Boyd, Paul M. Collins, Jr., Lori A. Ringhand, Karson A. Pennington

Scholarly Works

In February 2022, President Joseph Biden announced his nomination of Ketanji Brown Jackson to serve as an associate justice on the U.S. Supreme Court. In doing so, he said this:

For too long, our government, our courts haven’t looked like America. And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.

In the following days, Jackson’s nomination was discussed with enthusiasm, much like …

Book Review: Comparative Election Law, Lori A. Ringhand

Scholarly Works

Review of the book Comparative Election Law by James A Gardner, ed. (Cheltenham: Edward Elgar Publishing, 2022) 544 p.

The Court And The Constitution, Lori A. Ringhand

Scholarly Works

Americans do not want the Supreme Court to be just another political institution. This is apparent in the lukewarm response to even modest proposals to change the structure of the Court, such as limiting the terms of its justices or changing its size. The partisan overlay of this reaction is obvious, but the purpose of this Essay is to highlight an additional barrier to change: the dominance of originalist rhetoric in American constitutional discourse. The rhetoric of originalism has successfully tapped into many Americans’ deeply held expectations about the role of the Court and the Constitution as a unique and …

A Critical Evaluation Of The Qualified Small Business Stock Exclusion, Gregg Polsky, Ethan Yale

Scholarly Works

Section 1202 of the Internal Revenue Code grants a gain exclusion to certain shareholders who own "qualified small business stock." We describe the tortured history of this rule, explain how it works (and fails to work), and critically evaluate whether the rule serves any coherent policy objective. If Congress keeps the rule in place, significant revisions are necessary to align the rule with sound policy and tamp out the abusive manipulations arguably permitted by the law in its present form. We propose several improvements along these lines. We also make the case for eliminating the exclusion in its entirety.

International Tax Reform: Who Gets A Seat At The Table?, Assaf Harpaz

Scholarly Works

The international tax framework relies on early-twentieth-century principles and favors the interests of the Global North, which created it. It bases taxing rights on a corporation’s physical presence and mostly allocates profits to the country of residence. Moreover, it has been slow to adapt to modern business practices. In the digital economy, companies shift profits with relative ease and often do not require a physical presence in the location of their consumers. International taxation needs reform, but leading proposals do not reflect meaningful input from the Global South and are unlikely to serve the needs of developing countries.

In 2021, …

Stanley Surrey's Lasting Influence, Assaf Harpaz, C. Eugene Steue

Scholarly Works

Stanley Surrey is perhaps best known for his promotion of the concept of tax
expenditures—the characterization of various tax preferences as substitutes for
direct expenditures. That emphasis understates his lasting influence on the tax
policy process. An equally important and lasting achievement was establishing
and promoting the integrity and professionalism of the Treasury’s Office of Tax
Policy (OTP), while garnering the support of much of the wider tax policy
community for basing tax policy on the principles of fairness, simplicity, and
efficiency.

In this article, we focus mainly on historical developments in the concept and
use of tax expenditures both …

The Indo-Pacific Economic Framework For Prosperity: Promise Or Peril For Labor Governance Through Trade Instruments?, Desiree Leclercq

Scholarly Works

President Biden has launched an Indo-Pacific Framework for Prosperity (“IPEF”) that purports to facilitate high standards, including high labor standards, in the region. That Framework is silent on traditional trade matters such as market access, leading many trade and labor scholars and policymakers to question its utility.

Contrary to that skepticism, this commissioned report argues that the IPEF holds tremendous promise by realigning the bottom-up governance of labor rights in trade with international labor governance. Doing so, this report argues, will strengthen allyships and trade relations in the region. On the other hand, the IPEF could prove equally perilous if …

Strengthening Labor Rights In The Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis

Scholarly Works

This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policymakers were in favor of its implementation. Since that time, the United States Administration changed and the United States withdrew from participation in the TPP. While unfortunate, the Administration’s political decision to withdraw from the TPP does not come as a surprise; an examination of the negotiating history of those provisions illuminates a stark political divide within the United States, even prior to the change in …

Rights-Based Sanctions Procedures, Desiree Leclercq

Scholarly Works

Federal agencies are increasingly interpreting international labor rights and imposing a wide array of economic and financial penalties, or “rights-based sanctions,” under various laws and regulations. Congress recently vested the Office of the United States Trade Representative (USTR) with authority to impose targeted rights-based sanctions on foreign factories. USTR has begun administering its new authority with vigor. Policymakers and rights advocates hope that USTR’s enforcement activities will strengthen the protection of workers abroad.

Hidden from view, and thus largely overlooked, are the exclusory procedures that agencies follow when they administer rights-based sanctions. The Treasury Department’s Office of Financial Asset Control …

Promise & Peril Of Plain English: Mutual Fund Disclosure Readability, Anne M. Tucker, Yusen Xia

Scholarly Works

The SEC requires mutual funds to write disclosures for the average investor using plain English. These requirements make funds’ investment strategies and associated risks transparent and accessible to investors. Improved investor understanding furthers the SEC’s regulation-through-disclosure regime. But our examination of funds’ summary prospectuses—an abbreviated discussion of a fund’s strategies and risks—suggests that funds often fail to meet the plain English standard. Our analysis of all summary prospectuses filed between 2010 and 2020 reveals that mutual funds write long, hard-to-read, and complex disclosures. Importantly, we find that failure to draft disclosures in plain English is more than a technical error. …

529 Plans And School Choice, Victoria J. Haneman

Scholarly Works

Some politicians believe that market-based approaches to education will meaningfully reshape public education in the United States. Advocates of school choice insist that competition for students will improve academic outcomes, drive innovation and improvement, and reduce political interference in the education system. Critics believe that there is little empirical support for any of these claims and fear that school choice policies worsen the problem of educational inequality. Although consumer choice is appealing, making an informed choice requires parents to navigate complicated application processes and transportation requirements, which may prove insurmountable to low-income families. The net effect of this is that …

The Abandonment Of International College Athletes By Nil Policy, Victoria J. Haneman, David P. Weber

Scholarly Works

A new era in college sports dawned on July 1, 2021, when the National Collegiate Athletic Association announced that college athletes were (subject to various limitations and restrictions) entitled to earn money based upon their name, image, and likeness ("NIL"). NIL is now a billion-dollar industry. The more than 450,000 college athletes across the United States are now able to leverage NIL to make paid appearances, endorse products or services on social media, receive compensation for autograph signings, and promote local and national businesses. Excluded from most NIL opportunities, however, are the 12 percent of athletes recruited from outside of …

Review Of 'Elizabeth Korver-Glenn, Race Brokers: Housing Markets And Segregation In 21st Century Urban America', Nora E. Taplin-Kaguru

Sociology Faculty Research and Scholarship

No abstract provided.

The Impacts Of Siblings On Development Across The Lifespan, Jeanie K. Cox

Modern Psychological Studies

Most individuals grow up with siblings, and sibling relationships are some of the longest lasting relationships experienced. Studies that have investigated sibling effects on developmental domains and stages throughout an individual’s life indicate that older siblings have some of the greatest impacts on younger siblings’ social, psychological, and cognitive development. During childhood, sibling relationships revolve around older and younger siblings’ prosocial behaviors. During adolescence, sibling power dynamics shift as older siblings relinquish power to younger siblings. In adulthood, siblings tend to experience increased closeness and decreased conflict as they mature and move away from one another. Information on siblings’ impacts …

Impact Of Pandemic Induced Stress On Health Behaviors Related To Covid-19 Susceptibility, Mahnoor Malik, Nicole Ryerson

Modern Psychological Studies

The COVID-19 pandemic has encompassed not only a public health crisis due to the range of symptoms and rapid spread associated with the SARS-CoV-2 virus, but it has also resulted in daily life changes due to public health mandates implemented to reduce the spread of the disease. The current study (N = 148) tested two hypotheses: that individuals experiencing increased stress due to the pandemic would be more likely to engage in protective behaviors that would limit exposure to the virus (e.g., limiting in-person contact) and that individuals experiencing increased stress would also engage in behaviors that may increase their …

A Sage And A Guru Walk Into A Bar: Wisdom And Humor Styles, Jeffrey Dean Webster, Sonja Heintz

School of Psychology

Two studies investigated the relationship between wisdom, humor styles, comic styles, and wellbeing. In Study 1, 325 English-speaking college students completed the Self-Assessed Wisdom Scale (SAWS) and the Humor Styles Questionnaire. As predicted, overall wisdom, as well as all five wisdom subscales, was positively correlated with adaptive humor styles. Furthermore, the SAWS humor subscale correlated positively with all humor styles, most strongly with the adaptive styles. In Study 2, 189 German-speaking university students and adults from the general population completed the SAWS, the Comic Style Markers, and measures of positive mental health (meaning in life, optimism, and resilience). The SAWS …

Frontal Variant Alzheimer's Disease: A Systematic Narrative Synthesis, Sarah Salo

School of Psychology

BackgroundFrontal variant Alzheimer's disease (fvAD) is considered a rare form of Alzheimer's disease (AD) which may be misdiagnosed as behavioural variant frontotemporal dementia (bvFTD). The literature has tended to conflate behavioural and executive dysfunction in fvAD cohorts and uses both AD diagnostic criteria and bvFTD diagnostic criteria to classify fvAD cohorts. The primary aim of this narrative synthesis was to summarise neuropsychological findings in fvAD cohorts in the context of established AD pathology.MethodsEMBASE, PsycINFO, PROQUEST and MEDLINE databases were searched for studies eligible for inclusion. Studies with both neuropsychological and biomarker evidence were included in the final narrative synthesis.ResultsTen studies …

Staying Rogue: Lessons On Loving A Permitted River, Caroline Elizabeth Weiss

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Exploring Population Structure And Diversity Across Time In Population Of American Flamingos (Phoenicopterus Ruber), Jessica Folsom

Electronic Theses and Dissertations, 2020-2023

Dispersal and connectivity within a population often promotes overall diversity and adaptive potential, therefore a disruption of existing patterns of connectivity by local extinction can have significant consequences for the affected species. However, the extent of these impacts on recovery is not always known. American flamingos (Phoenicopterus ruber) present an ideal opportunity to investigate how changes in gene flow influence within population diversity and genetic structure over the span of a century for a recovering population. Flamingos were highly sought-after by hunters for their meat and feathers, and as a result, the Florida population was extirpated by the beginning of …

Examining Foods And Beverages Served And Child Food Insecurity Across Early Care And Education (Ece) Programs In Communities With High Rates Of Obesity And Food Insecurity, Deepa Srivastava, Lucy R. Zheng, Dipti A. Dev

Department of Child, Youth, and Family Studies: Faculty Publications

The purpose of this study was to examine implementation of serving food and beverage evidence-based practices (nutrition EBPs) across CACFP participating licensed childcare centers (CCCs, n = 51) and family childcare homes (FCCHs, n = 49) in central California. Results indicated that FCCHs reported significantly higher (p < .05) implementation of nutrition EBPs and barriers than CCCs. Both CCCs and FCCHs refer families to WIC/SNAP when they observe child food insecurity and control how much food is served to children. It is important to consider organizational structure (CCCs, FCCHs) and child food insecurity when developing policies/interventions for improving implementation of nutrition EBPs in ECEs.

Dial "N" For Nxdomain: The Scale, Origin, And Security Implications Of Dns Queries To Non-Existent Domains, Gunnan Liu, Lin Jin, Shuai Hao, Yubao Zhang, Daiping Liu, Angelos Stavrou, Haining Wang

Computer Science Faculty Publications

Non-Existent Domain (NXDomain) is one type of the Domain Name System (DNS) error responses, indicating that the queried domain name does not exist and cannot be resolved. Unfortunately, little research has focused on understanding why and how NXDomain responses are generated, utilized, and exploited. In this paper, we conduct the first comprehensive and systematic study on NXDomain by investigating its scale, origin, and security implications. Utilizing a large-scale passive DNS database, we identify 146,363,745,785 NXDomains queried by DNS users between 2014 and 2022. Within these 146 billion NXDomains, 91 million of them hold historic WHOIS records, of which 5.3 million …

Toward A Generative Modeling Analysis Of Clas Exclusive 2𝜋 Photoproduction, T. Alghamdi, Y. Alanazi, M. Battaglieri, Ł. Bibrzycki, A. V. Golda, A. N. Hiller Blin, E. L. Isupov, Y. Li, L. Marsicano, W. Melnitchouk, V. I. Mokeev, G. Montaña, A. Pilloni, N. Sato, A. P. Szczepaniak, T. Vittorini

Computer Science Faculty Publications

AI-supported algorithms, particularly generative models, have been successfully used in a variety of different contexts. This work employs a generative modeling approach to unfold detector effects specifically tailored for exclusive reactions that involve multiparticle final states. Our study demonstrates the preservation of correlations between kinematic variables in a multidimensional phase space. We perform a full closure test on two-pion photoproduction pseudodata generated with a realistic model in the kinematics of the Jefferson Lab CLAS g11 experiment. The overlap of different reaction mechanisms leading to the same final state associated with the CLAS detector’s nontrivial effects represents an ideal test case …