Digital Commons Network^™

The Lawlessness Of Sackett V. Epa, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

When the Supreme Court speaks on a disputed statutory interpretation question, its words and edicts undoubtedly are the final judicial word, binding lower courts and the executive branch. Its majority opinions are the law. But the Court’s opinions can nonetheless be assessed for how well they hew to fundamental elements of respect for the rule of law. In particular, law-respecting versus law-neglecting or lawless judicial work by the Court can be assessed in the statutory interpretation, regulatory, and separation of power realms against the following key criteria, which in turn are based on some basic rule of law tenets: analysis …

Fears, Faith, And Facts In Environmental Law, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

Environmental law has long been shaped by both the particular nature of environmental harms and by the actors and institutions that cause such harms or can address them. This nation’s environmental statutes remain far from perfect, and a comprehensive law tailored to the challenges of climate change is still elusive. Nonetheless, America’s environmental laws provide lofty, express protective purposes and findings about reasons for their enactment. They also clearly state health and environmental goals, provide tailored criteria for action, and utilize procedures and diverse regulatory tools that reflect nuanced choices.

But the news is far from good. Despite the ambitious …

Western Feminism Before And After October 7, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

In this interview, I provide my view on the state of Western feminism before and after the assault on Gaza. The interview includes discussion of the various strands of emergent feminisms in the West and some of their offshoots as they appear in Palestine in the context of Israeli colonialism and resistance to it.

Cultural Property: “Progressive Property In Action”, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and …

Addressing The Negative Externalities Of Trade: Flanking Policies And The Role Of Package Treaties, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

This article examines the rationales for addressing sustainability and social inclusion in trade policy and the tradeoffs among imperfect institutional choices in doing so through “flanking policies.” It examines three types of negative spillovers or externalities implicated by trade: material, moral, and social/political. Part I defines terms and sets forth the argument. Part II typologizes the three categories of negative externalities and then highlights the challenges posed for flanking measures given the reciprocal nature of externalities. It respectively addresses environmental harms and labor and social inclusion concerns. Part III assesses different institutional choices for addressing negative externalities, dividing them between …

Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow

Georgetown Law Faculty Publications and Other Works

In recognizing the legacy of Senator William E. Borah, the author shares his remarks from the Borah Symposium at the University of Idaho, about the Senator's personality and character, his contribution and later characterization to international law and national security, specifically the 1928 Kellogg-Briand Pact, and finally, a proposal to a modern reincarnation to the Kellogg-Briand Pact and the newer threats of this era.

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

Large Constellations Of Small Satellites: The Good, The Bad, The Ugly, And The Illegal, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The most exciting and far-reaching contemporary developments regarding human activities in outer space arise from the recent drastic reductions in the costs of building, launching, and operating satellites, and from the concomitant sudden emergence of large constellations of small, inexpensive, privately-owned spacecraft. These satellites--devoted to highly remunerative functions such as communications (bringing high-speed, affordable internet to underserved constituencies), remote sensing (facilitating land use planning, weather forecasting, and emergency search and rescue), and support for military operations (in Ukraine and elsewhere)--already number in the thousands and will soon reach the tens of thousands.

But in addition to generating billions of …

Brown Now: The Surprising Possibility Of Progressive Reform, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

For four decades, the Supreme Court has engaged in a determined, systematic and successful effort to transform and tame Brown v. Board of Education. But in this article, written for a symposium on Brown at 70, I suggest a surprising counterweight to the standard narrative. If one takes modern doctrine seriously -- a big if, I concede-- it has the potential to support some progressive goals.

In particular, modern doctrine might provide progressives answers to three questions:

1. Are race-conscious but facially neutral means of increasing diversity at state institutions of higher education constitutional?
2. Are legacy admissions to state run institutions …

Micro International Law, Katrin Kuhlmann

Georgetown Law Faculty Publications and Other Works

International law has long been viewed as the domain of countries and capitals, not fields or factories, but this overly top-down perspective misses a critical and under-studied dimension. Underneath the macro level of international agreements and standardized legal approaches and norms, international law is much more nuanced, with multiple sources of influence, production, design, adoption, and decision-making, which need to be more systemically recognized and compared in both scholarship and practice. Models stemming from legal systems in less powerful states, smaller-scale stakeholder interests, and local solutions are often treated as one-off anecdotes or isolated case studies without broader implications. Cataloging …

Congress's Power To Investigate Crime: Did Trump Kill Kilbourn?, David Rapallo

Georgetown Law Faculty Publications and Other Works

Can Congress investigate crime? Targets of congressional investigations have tried to argue for decades that the Constitution grants Congress no authority to investigate illegal conduct, but instead vests this power exclusively in the executive and judicial branches. Former President Donald Trump was one of the most recent litigants to make this claim, repeatedly invoking a Supreme Court case from 1881, Kilbourn v. Thompson, despite the fact that the Court condemned this opinion decades ago as “severely discredited.” In contrast, Congress has successfully asserted its own constitutional authority to investigate all types of activity—including illegal conduct—not to prosecute the offenders, …

Towards An Effective Merger Review Policy: A Defence Of Rebuttable Structural Presumptions, Filippo Lancieri, Tommaso Valletti

Georgetown Law Faculty Publications and Other Works

We discuss the design of an effective merger review policy for the 21st century. We argue that the practice of the past decades is inadequate and propose a move towards much stronger rebuttable structural presumptions. These presumptions establish that all mergers above certain thresholds are illegal unless the merging parties can prove that merger-specific efficiencies will be shared with consumers and yield tangible welfare gains. These presumptions are grounded on solid economics and also acknowledge the real-world limitations in enforcement resources and information asymmetries between companies and regulators. We outline how to establish such presumptions in practice, defending the implementation …

Towards Fda–Uspto Cooperation, John R. Thomas

Georgetown Law Faculty Publications and Other Works

The Food and Drug Administration (“FDA”) and U.S. Patent and Trademark Office (“USPTO”) play complementary roles in driving pharmaceutical innovation. Yet, for the most part, the agencies conduct their affairs without regard for one another. Recent calls for a “whole of government” approach to reduce this departmentalism have led to only modest initiatives. Collectively, the FDA and USPTO have announced mandates that they have no intention of enforcing; conducted cross- training in topics that their employees will most likely never use; and resisted proposed legislation that would formalize their relationship.

Current agency intransigence represents a lost opportunity to further the …

The (Still) Unexplored Possibilities Of A Poetics Of Law, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

In this contribution to the symposium celebrating the Fiftieth Anniversary of James Boyd White’s The Legal Imagination, I have accepted White’s invitation in the last chapter of his magisterial book to think about poems and judicial opinions as compatible acts of imagination and meaning making. White asks brilliant questions, and his book is full of them, each a nugget of insight and also a prod that asks the reader to think harder, think deeper, revisit her first thoughts, to perhaps change her mind, and above all, with guidance, to educate herself. In this chapter of the book, White is …

Loper Bright In A Larger Interpretive Perspective: Is This Justice Scalia’S Court Anymore?, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

Loper Bright Enterprises v. Raimondo has left administrative lawyers agog: Could the Supreme Court really reverse the “goliath” known as Chevron deference? For those who study the Court’s interpretive landscape more broadly, however, Chevron reversal may not be as unexpected as administrative lawyers believe. This Article will look at Loper Bright by linking three notable interpretive developments: the major questions doctrine, Chevron skepticism, and strict constructions of statutory text. These developments share the same risk: the Court is imposing a new “clarity tax” on both Congress and administrative agencies. Having said this, others’ grave worries about changes in Chevron are …

Breast Tissue As A Local Drug Reservoir For Anticancer Therapy In Breast Cancer, Saniia Shchinar

Electronic Theses and Dissertations

Breast cancer, particularly the estrogen receptor-positive (ER+) subtype, remains a formidable challenge in oncology. Traditional oral therapies for ER-positive breast cancer, such as selective estrogen receptor modulators (SERMs) like Tamoxifen (TAM) and Toremifene (TOR), often encounter issues related to limited bioavailability, metabolic complications, and significant systemic side effects. These side effects include the risk of blood clots, hot flashes, vaginal dryness, menstrual cycle disruptions, and uterus cancer, which can hinder long-term adherence to preventive therapy. The exploration of local drug delivery into breast tissue presents a promising alternative to tackle these challenges. In this study, we explored the feasibility of …

I Can't Look Away: Parasocial Relationships With Dance Mom Characters Across Tv And Social Media, Kennedy Kay Pirlet

Electronic Theses and Dissertations

In 2019, Dance Moms ended its airing on Lifetime at the completion of the eighth season. However, the show and its cast members remained popular on social media platforms like TikTok, but we still didn’t know the relationship between watching the show and following cast members on multiple social media platforms or who audiences were closest to. To answer this question, the celebrity-persona parasocial interaction scale and experience of parasocial interaction scale were utilized. These scales were used in this study and found reliable. Snowball recruitment focusing on social media platforms and emails yielded 180 eligible sample participants. Through a …

Portable X-Ray Fluorescence Spectrometry For Sensing Salinity And Sodicity In Glacial Northern Great Plains Soils With Machine Learning Models, Adam Devlin

Electronic Theses and Dissertations

Saline and sodic soils are an increasing concern across the Northern Great Plains (NGP) due to factors of climate change and land management that are drawing geologically derived salts to the land surface. Traditional laboratory assessments, such as electrical conductivity (EC) and sodium adsorption ratio (SAR), are time and resource consumptive. Portable X-ray fluorescence (PXRF) may be a viable proximal sensing alternative, as it is able to provide elemental data in minutes, in situ or ex situ, and can directly quantify salinity-associated elements like Ca, Mg, and S. PXRF paired with predictive models has proven useful for a range of …

The Spatial Ecology Of Plains Spotted Skunks In South Dakota: Insights From Species Distribution, Resource Selection, And Co-Occurrence Models, Kara M. White

Electronic Theses and Dissertations

The plains spotted skunk (Spilogale interrupta) is a data-deficient small carnivore native to the central plains of North America that has experienced significant population declines. My dissertation investigates the species’ distribution, habitat associations, and interspecific interactions in South Dakota, providing crucial information for conservation actions. In Chapter 1, I developed ensemble distribution models on a broad scale, incorporating species location data from 1985–2020, environmental factors, and six predictive modeling algorithms. I identified key predictors including mean temperature diurnal range and proportion of area as pasture, and estimated ~31,300 km2 of potential habitat, predominately in eastern South Dakota. In Chapter 2, …

Advancing Karl Jaspers: The Connection Between The Theory Of Existential Communication And Mentoring Satisfaction, Nolan Patrick Bowers

Electronic Theses and Dissertations

Existential philosopher Karl Jaspers’s theory (1932/1970; 1935/1971b) of existential communication is understood to be his most important contribution to existentialism. Additionally, this theory has unique ties to the phenomena of communication, begging its use as a dialogic theory. However, Jaspers’s theory has been relatively untouched by academia. This thesis understands the theory of existential communication through an operationalization of its aspects and explicitly connecting them to communicative behaviors. These aspects of existential communication are (1) vulnerability, (2) open-mindedness, and (3) equality. This study set out to determine whether these aspects could be found within mentoring relationships and support the aspects …

An Investigation Of Bidder Behaviour In Wic Infant Formula Rebate Auctions, Ashma Pandey

Electronic Theses and Dissertations

This research investigated the competitive bidding dynamics for infant formula rebate contracts within the Special Supplemental Nutrition Assistance Program for Women, Infants, and Children (WIC). I begin by focusing on the differences between winning and losing bids. The study employs multiple regression to predict rebate bids submitted by major manufacturers when they win a contract. I next conduct a paired t-test for each manufacturer – revealing statistically significant differences between predicted bids (based on the parameters from the winning model) and actual bids when a manufacturer did not win. This suggests that each manufacturer bids significantly lower rebates (higher net …

Soil Responses To Eastern Redcedar (Juniperus Virginiana L.) Afforestation And Prescribed Fire In South-Central South Dakota, Robert Schaefer

Electronic Theses and Dissertations

Research was conducted in 2019 and 2020 on rangelands located in south-central South Dakota assessing a number of physical, chemical, and biological properties of mineral ustepts and ustents soils associated with eastern redcedar (ERC) (Juniperus virginiana) afforestation and prescribed fire. ERC afforestation appeared to be associated with significantly higher field-condition soil aggregate stability, cation exchange capacity (CEC), soil pH, and fungi:bacteria (F:B) as well as significantly lower soil moisture, nitrate-N, phosphorus, bacteria biomass, and Gram-positive:Gram-negative (GP:GN) bacteria compared to native grassland conditions, while other mineral soil properties appeared relatively unaffected. Compared to soil conditions under dense, living ERC canopies, prescribed …

Increasing Retention Of Women In Hunting And Fishing, Shelby Isensee

Electronic Theses and Dissertations

Despite national declines in hunting and fishing, women are making inroads in historically male-dominated sports. To further encourage women’s participation, states established programs to recruit, retain, and reactivate [R3] hunters and anglers. Women are participating in these programs and other recreational groups to access opportunities to learn skills and grow their networks. Yet, very little is known about what programs are offered for women, what aspects of programs are most effective to support women’s retention in these activities, and what women’s hunting and fishing groups are available across the landscape. To address these questions, I collected qualitative data from participant …

Methods For Optimizing Detection And Evaluating Habitat Use Of North American River Otters In South Dakota, Jessica Speiser

Electronic Theses and Dissertations

North American river otters (Lontra canadensis) play a critical role as an apex predator in riverine ecosystems. A challenging species to survey using traditional methods, they remain understudied in non-forested regions, such as the Northern Great Plains, where habitat degradation and landscape fragmentation may reduce habitat quality and availability and disrupt landscape connectivity. This thesis aims to improve detectability and investigates the habitat use of river otters in South Dakota to better understand habitat needs of otters and improve their continued recovery and management. My first chapter provides a brief overview of river otters and their ecological roles in freshwater …

Isolation, Molecular Characterization, And Epidemiological Analysis Of An Emerging Avian Metapneumovirus Subgroup B In Us Poultry, Sumit Jangra

Electronic Theses and Dissertations

Avian metapneumovirus (aMPV) is one the most economically important poultry respiratory pathogens belonging to the family Pneumoviridae and genus Metapneumovirus, which can affect both domestic and wild birds. aMPVs are classified into four subgroups (A, B, C, and D) based on the level of genetic variations and antigenic differences. aMPV causes turkey rhinotracheitis (TRT) and swollen head syndrome (SHS) in turkeys and chickens respectively. Recently, outbreaks of respiratory disease in meat-type birds and a significant decline in egg production with respiratory signs in breeders were reported from different states in the USA. Isolating aMPV is challenging as it is a …

Distinct Reproductive Phenotypes Segregate With Differences In Body Weight In Adolescent Polycystic Ovary Syndrome., Angie Chen-Patterson, Angelina Bernier, Tania S. Burgert, Vanessa Davis, Tazeena Khan, David Geller, Emily Paprocki, Rachana Shah, Selma F. Witchel, Camila Pereira-Eshraghi, Aviva B. Sopher, Melanie G. Cree, Laura C. Torchen

Manuscripts, Articles, Book Chapters and Other Papers

INTRODUCTION: Polycystic ovary syndrome (PCOS) is a heterogenous clinical syndrome defined by hyperandrogenism and irregular menses. In adult women with PCOS, discrete metabolic and reproductive subgroups have been identified. We hypothesize that distinct phenotypes can be distinguished between adolescent girls who are lean (LN-G) and girls with obesity (OB-G) at the time of PCOS diagnosis.

METHODS: Data were extracted from the CALICO multisite PCOS database. Clinical data collected at the time of diagnosis were available in 354 patients (81% with obesity) from 7 academic centers. Patients with body mass index (BMI) < 85th percentile for age and sex were characterized as lean (LN-G) and those with BMI percentile ≥ 95th percentile as obese (OB-G). We compared metabolic and reproductive phenotypes in LN-G and OB-G.

RESULTS: Reproductive phenotypes differed between the groups, with LN-G …

Updated Dpyd Hapb3 Haplotype Structure And Implications For Pharmacogenomic Testing., Amy J. Turner, Cyrine E. Haidar, Wenjian Yang, Erin C. Boone, Steven M. Offer, Philip E. Empey, Andrew Haddad, Saba Tahir, Gunter Scharer, Ulrich Broeckel, Andrea Gaedigk

Manuscripts, Articles, Book Chapters and Other Papers

The DPYD gene encodes dihydropyrimidine dehydrogenase, the rate-limiting enzyme for the metabolism of fluoropyrimidines 5-fluorouracil and capecitabine. Genetic variants in DPYD have been associated with altered enzyme activity, therefore accurate detection and interpretation is critical to predict metabolizer status for individualized fluoropyrimidine therapy. The most commonly observed deleterious variation is the causal variant linked to the previously described HapB3 haplotype, c.1129-5923C>G (rs75017182) in intron 10, which introduces a cryptic splice site. A benign synonymous variant in exon 11, c.1236G>A (rs56038477) is also linked to HapB3 and is commonly used for testing. Previously, these single-nucleotide polymorphisms (SNPs) have been …

Understanding The Education Profiles Of Seven East And Southern African Countries, Girl Center

Adolescents and Young People

Despite significant progress in improving primary enrollment and attainment for girls in low- and middle-income countries (LMICs) in recent years, gender disparities in education persist and hinder opportunities for girls. Educational attainment for girls has plateaued in numerous countries, with only a few making significant strides in narrowing the gender gap. Moreover, attainment alone does not always translate to improved learning. Gender-related barriers such as school environments that are not conducive to learning and the experience of violence, early and forced marriage, and early childbearing, as well as a lack of support for girls’ education impede attainment and learning. The …

Understanding The Education Profiles Of Eight Latin American Countries, Girl Center

Adolescents and Young People

Despite significant progress in improving primary enrollment and attainment for girls in low- and middle-income countries (LMICs) in recent years, gender disparities in education persist and hinder opportunities for girls. Educational attainment for girls has plateaued in numerous countries, with only a few making significant strides in narrowing the gender gap. Moreover, attainment alone does not always translate to improved learning. Gender-related barriers such as school environments that are not conducive to learning and the experience of violence, early and forced marriage, and early childbearing, as well as a lack of support for girls’ education impede attainment and learning. The …

Le Rôle Des Leaders De Groupes Dans Les Espaces Sûrs Et Les Clubs Des Maris/Futurs Maris, Population Council, Equimundo, Swedd

Adolescents and Young People

Série SWEDD: Guide de Bonnes Pratiques no. 6

Ce Guide fait partie d’une série qui documente d’une manière rétrospective le processus de mise en œuvre des interventions du projet SWEDD, et décrit les bonnes pratiques, les défis et les leçons apprises. Le projet “Autonomisation des Femmes et Dividende Démographique au Sahel” (SWEDD) a été lancé en novembre 2015 avec le soutien financier de la Banque mondiale, et l’appui technique du Fonds des Nations Unies pour la population (UNFPA) et de l’Organisation Ouest -Africaine pour la Santé (OOAS). Les recherches menant à ce Guide ont été dirigées par le Population …