Digital Commons Network^™

Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council

University of Colorado Law Review

No abstract provided.

“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis

University of Colorado Law Review

When the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization referred future decisions about abortion policies to “elected representatives and the people,” there is no doubt that local governments were included in the designation. In fact, since the 1970s, local governments have been active in pursuing a range of abortion policies in their jurisdictions—both for and against abortion access—that may be in tension with their state governments. Because the ideological orientations of state and local governments often conflict, state preemption is a frequent threat hanging over these local initiatives. There are examples from both sides of the political …

The Voluntary Carbon Market: Market Failures And Policy Implications, Vittoria Battocletti, Luca Enriques, Alessandro Romano

University of Colorado Law Review

Many companies have made environmental pledges and launched products that claim to be carbon neutral. In most of these instances, corporations rely on carbon offsets. In this Article, we investigate the functioning of the market on which these offsets are created and exchanged, namely the voluntary carbon market, and look into the question of whether and, if so, how it should be subject to regulation. We start by shedding light on the mechanics of this market and then explain why a well-functioning voluntary carbon market is necessary to fight global warming and can also help developing countries build less carbon-intensive …

Legal Asynchrony: Constitutional “Bridges” Inverting Elemental U.S. Technology, Steven Ferrey

University of Colorado Law Review

The 2022 Biden Inflation Reduction Act (“IRA”) and the 2021 Infrastructure Investment and Jobs Act (“IIJA”), together providing for an unprecedented $1.7 trillion in spending, were enacted to construct a sustainable legal U.S. exit ramp from what the Secretary-General of the United Nations recently described as a “highway to climate hell with our foot still on the accelerator.” This Article analyzes a critical legal missing link in these Acts that is now causing the U.S. economy to do the opposite of its intended climate change mitigation, given: • A necessary eight-fold increase in current renewable electric power, requiring adding the …

A First Amendment Failure: Surrendering To Science Misinformation For Bioengineered Foods, Casey J. Nelson

University of Colorado Law Review

Government-compelled commercial disclosures are not unfamiliar to consumers. Common labels include nutrition facts and ingredient information. The National Bioengineered Food Disclosure Standard, which took full force at the start of 2022, is of a different nature. The new law requires all manufacturers, all importers, and certain retailers of bioengineered foods to disclose on the food’s packaging that it has been produced with bioengineering technology. Even so, a large swath of the public is ignorant of “bioengineering’s” true meaning and bioengineering technology’s true quality. The politically charged and fact-lacking debate on bioengineered foods renders this standard an impermissible coercion of speech …

Politics Before Pensions: How New Esg Rules Expose Public Pension System Vulnerabilities, Danilo Risteski

University of Colorado Law Review

As some of the largest institutional investors in the United States, public pension funds wield considerable power over investment decisions. A recent trend highlights this extraordinary power: state pension funds have started exploiting their retirees’ pensions to force investment companies to invest in accordance with their respective states’ political priorities. Nowhere is this trend more obvious than in the environmental, social, and governance field. On one hand, states like Maine have passed legislation prohibiting public pension funds from investing in fossil fuels companies. On the other hand, states like Texas have passed laws prohibiting state entities from doing business with …

Colonizing Queerness, Jeremiah A. Ho

University of Colorado Law Review

This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …

Adoption As Substitute For Abortion?, Malinda L. Seymore

University of Colorado Law Review

In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, “[s]tates have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously.” Second, “a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement, but it is often embraced by pro-choice advocates as well. This position is supportable …

Lexisnexis’S Contract With Ice As Unjust Enrichment, Lizzie Bird

University of Colorado Law Review

For $22.1 million, LexisNexis is currently helping Immigration and Customs Enforcement (ICE) surveil, detain, and deport noncitizens. Like other data brokers, LexisNexis’s role in the collection and sale of personal information has largely been ignored by regulators, judges, and the public. A recent lawsuit against LexisNexis in Illinois includes, among other claims, a claim of unjust enrichment. This often misunderstood and unpopular claim has a complex history which presents both a barrier to relief and an opportunity for advocates to push courts to clarify the doctrine. This Note examines the history of the theory of unjust enrichment, surveys its recent …

It’S Past Time: Unionization And Self-Determination In Minor League Baseball, Chris Rowley

University of Colorado Law Review

For more than a century, labor disputes have tormented the relationship between American professional baseball players and management. Although Major League Baseball players unionized in the 1960s, disagreements over workplace conditions and ever-growing profit allocations endured for decades. The first thirty years of collective bargaining between players and League post-unionization fostered notable improvements in players’ labor conditions. However, those years were also plagued by acrimonious negotiations, grievances, lawsuits, lockouts, strikes, and eventually, the cancellation of the 1994 World Series. The story in Minor League Baseball is altogether different. Its players, despite their close nexus with the Major League game, did …

Who Bears The Burden When Prison Guards Rape?, Meredith B. Esser

Scholarly Works

Several recent scandals have highlighted the continued problem of institutional sexual abuse within the federal Bureau of Prisons ("BOP"). Most notoriously, the rampant sexual abuse of women incarcerated at Federal Correctional Institution ("FCI") Dublin, also known as the "rape club," resulted in the prosecution and conviction of several high-ranking officials within FCI Dublin, including both the former Warden and former Chaplain who worked there for several years. In response to these patterns of misconduct, the Federal Sentencing Commission's new guidelines, which went into effect on November 1, 2023, now allow for victims of custodial sexual assault to apply for early …

A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Technology Competence As A Compass For Helping To Close The Justice Gap, Drew Simshaw

Scholarly Works

No abstract provided.

An Impedance Tube Technique For Estimating The Insertion Loss Of Earplugs, K. Carillo, O. Doutres, F. Sgard

Études primaires

This paper proposes a quick and straightforward technique for estimating the insertion loss (IL) of earplugs measured on an acoustical test fixture (ATF) using a commercial impedance tube. In this method, the earplug's acoustic properties (i.e., its transmission loss and the reflection coefficient of its medial surface) are determined from its transfer matrix measured using the three-microphones impedance tube method modified here for the current application. The IL is then estimated using a one-dimensional analytical model of open and occluded earcanals based on the wavefield decomposition theory. The method is evaluated numerically and experimentally from 50 Hz to 6.5 kHz. …

Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman

Scholarly Works

No abstract provided.

Religious Accommodations In The Dobbs Era, Ann C. Mcginley

Scholarly Works

Given the deep political divide in the U.S. and the emotional response to the abortion issue, workplaces may become hostile environments that harm workers based on their pro- or anti-abortion views or their out-of-work activism. Besides hostile environments, some workers may suffer workplace discipline based on their speech at work or refusals to engage in certain job requirements. Disciplining employees for engaging in workplace speech or refusal to perform parts of their jobs may violate workers’ rights under Title VII of the Civil Rights Act of 1964, which requires that employers grant religious accommodations in the workplace if doing so …

Fighting Institutional Betrayal: Gender Pay Equity Litigation Against University Employers, Nantiya Ruan

Scholarly Works

Universities are workplaces replete with observed gender pay gaps despite the legal protections in place to mitigate against such a reality. This Article analyzes recent university gender pay equity lawsuits to examine their efficacy in four types of litigation: (1) Class and Collection Action; (2) Government Action; (3) Union Action; and (4) Individual Action. From these case studies of different types of litigation, we learn several important lessons about prosecuting equal pay laws and how to best protect against unequal pay.

First, the Article sets forth the gender pay equity landscape, including the national pay gap picture, the legal framework …

Training Law Students To Model Civility When Social Media Makes Civility Harder To Maintain, Nancy B. Rapoport

Scholarly Works

No abstract provided.

Catholic Sexual Abuse In Louisiana, Leslie C. Griffin

Scholarly Works

No abstract provided.

Failing To See What's In Front Of Our Eyes: The Effect Of Cognitive Errors On Corporate Scandals, Nancy B. Rapoport

Scholarly Works

Why do we believe flim-flam artists so readily, especially in the business and commercial realm? This Article explores four reallife versions of “The Emperor’s New Clothes” fable—FTX, WeWork, Theranos, and a former bankruptcy judge’s hidden romance— and asks why people bought into the hype. Where were the warning signs, and how might we better spot those signs in the future?

Rehabilitating Workers Aged 55 And Over: Professionals’ Perspectives And Solutions, Marie-José Durand, Marie-France Coutu, Alexandra Lecours, Guillaume Léonard, Valérie Lederer, Iuliana Nastasia, Junie Carrière, Marie-Andrée Paquette

Études primaires

Purpose: Work disability affects a growing number of workers aged 55 and over (W55 +). While rehabilitation programs have demonstrated efficacy for workers with an average age of 42, they often have not been designed to meet unique needs of aging workers. This study aimed to describe the difficulties encountered by work rehabilitation professionals and explore their solutions for improving services offered to W55 +. Methods: This study used a simple descriptive design with purposive sampling. Occupational therapists, physical therapists, and psychologists were mainly recruited in private clinics. An interview guide based on the Work Disability Paradigm was piloted and …

Computer Vision-Enabled Real-Time Job Hazard Analysis For Safe Human–Robot Collaboration In Disassembly Tasks, Morteza Jalali Alenjareghi, Samira Keivanpour, Yuvin Adnarain Chinniah, Sabrina Jocelyn

Études primaires

Disassembly acts as the initial phase in remanufacturing processes. Human–robot collaboration revolutionizes disassembly by enhancing efficiency and accuracy. The integration of industrial robotics—cobots included—for human safety is mandated by ISO 10218-2:2011. Furthermore, ISO/TS 15066:2016 requires conducting risk assessments to prevent accidents for cobotic systems. We integrate computer vision techniques, including YOLO V5 for human detection and color-based cobot arm identification, to monitor and assess hazards in real time. Laboratory experiments demonstrate the system’s effectiveness in identifying potential collisions and other safety risks, with a 99.9% accuracy rate for human detection. The system also exhibits fast detection times, with YOLO processing …

Workers’ Worries, Pain, Psychosocial Factors, And Margin Of Manoeuvre, In Relation To Outcomes In A Return-To-Work Program: An Exploratory Study, Marie-France Coutu, Marie-José Durand, Fergal O’Hagan, Patrick Gosselin, Iuliana Nastasia, Djamal Berbiche, Marie-Élise Labrecque, Sara Pettigrew, Martine Bordeleau

Études primaires

Purpose: To explore the intensity and variation of workers’ worries, pain, psychosocial factors, and margin of manoeuvre before and after a return-to-work program, and identified the psychosocial factors associated with non-return to work at the end of the rehabilitation program. Methods: A pre-post study design was used. A convenience sample of 80 workers starting a return-to-work program and having a compensated musculoskeletal injury that caused an absence of more than three months from their regular work was recruited. Data were collected at baseline and at the end of the rehabilitation program on the nature of the worries and maintenance factors …

Follow-Up Biomonitoring Study Of Metal Exposure In Apprentice Welders In Montreal, Quebec, During Gas Metal Arc Welding (Gmaw), Jairo Buitrago-Cortes, Philippe Sarazin, Denis Dieme, Jonathan Côté, Capucine Ouellet, Naïma El Majidi, Michèle Bouchard

Études primaires

Welding activities are known to expose workers to metal fumes, but few studies have focused on assessing the internal exposure of apprentices in learning environments. This study aimed at determining internal doses of metals in apprentices performing gas metal arc welding (GMAW) during their training course. A total of 85 apprentice welders were assessed, and multi-elements were measured in urine, hair, fingernail, and toenail samples collected at the beginning of the program, and at the beginning and end of GMAW practical training. Concentrations of welding fumes and metals were also determined in personal respirable air samples. Serial measurements of metal …

A Plain Account Of Christian Purity: Berlin Walls, Dean G. Blevins, Marie Gregg

The Asbury Journal

While theological definitions of holiness incorporate purity terminology among several metaphors, the challenges resident in using this language may well impede opportunities of engaging difference and reconciliation. Wesleyans need a “Plain Account” of Christian purity to guide both ecclesial discussions that stress not only strengths, but also limits, in purity thinking. Using an example involving the Church of the Nazarene and Pentecostalism, the writing reveals how purity thinking risks creating “Berlin walls” when engaging differences. The analysis argues that a moral fear of degradation, rather than an acknowledgment of difference, often pushes purity thinkers to oppose certain issues.

Book Reviews, Glen O'Brien, Zachariah S. Motts, Roderick T. Leupp, Jonathan Tysick, Duane F. Watson, William B. Bowes

The Asbury Journal

No abstract provided.

An Approach To The History Of Missions In The Church Of The Nazarene In Cuba, Mirelys Correoso Calzadilla

The Asbury Journal

The history of a church is impossible to tell if the chronicles of its missions are ignored. It is the latter that give it life and continuity. This article aims to present a brief historical review of the development of the missions in the Church of the Nazarene in Cuba. We begin with Miss Leona Gardner, a North American missionary, who arrived on the island in 1902. She preached the gospel in the area of Casilda, Trinidad, in the former province of Santi Espíritus, for 25 years. The merit lies in the fact that although she did not manage to …

Un Acercamiento, A La Historia De Las Misiones, De La Iglesia Del Nazareno En Cuba, Mirelys Correoso Calzadilla

The Asbury Journal

La historia de un una iglesia, es imposible contarla, si se obvia las crónicas de las misiones. Son estas últimas, las que le dan vida y continuidad. Este artículo, pretende hacer una breve reseña histórica, del desarrollo de las misiones, en la Iglesia del Nazareno en Cuba. Comenzamos, con la señorita Leona Gardner, misionera norteamericana, que llegó a la isla en el año 1902. La misma, predicó el evangelio, en la zona de Casilda, Trinidad, antigua provincia de Santi Espíritus, durante 25 años. El mérito estriba, que aunque no logró plantar una iglesia conocida o formalmente instituida, se entregó a …

Santidad Y Misiones Pentecostales En El Salvador: El Ejemplo De Federico Ernesto Mebius, Robert A. Danielson

The Asbury Journal

A Federico Mebius se le atribuye el mérito de ser el primer misionero pentecostal en El Salvador, pero su historia es más complicada. Como misionero de la Alianza Cristiana y Misionera en Bolivia, Mebius formó parte del Movimiento de Santidad. El seguimiento de su historia revela una brecha de información desde 1903 hasta 1908, desde Los Ángeles, California, hasta El Paso, Texas. Mientras tanto, la historia oral sitúa a Mebius como fundador de iglesias alrededor de 1904 en El Salvador. Esta historia crea un espacio para explorar las misiones de Santidad que surgieron de Los Ángeles y especular sobre cómo …

De Los Archivos: E. Stanley Jones- ¿El Cristo Del Camino Andino?, Robert A. Danielson

The Asbury Journal

No abstract provided.