Digital Commons Network^™

Hydrogen Law And Policy Initiatives In The United States, Joel B. Eisen

Law Faculty Publications

The article discusses key US federal developments in hydrogen policy, including tax credits and significant funding for hydrogen hubs. Despite hydrogen's potential for decarbonization, establishing a hydrogen economy in the US requires overcoming production challenges and addressing legal, technological, and economic hurdles. Concerns persist regarding public acceptance and effectiveness in reducing greenhouse gas emissions in line with energy justice goals.

The U.S. Statecraft Of Corporate Human Rights Obligations, Andrew B. Spalding

Law Faculty Publications

Statecraft may be defined as “the use of instruments at the disposal of central political authorities to serve foreign policy purposes.” That definition, though, may admit of a narrower and a broader understanding. The narrower and perhaps more cynical notion imagines statecraft as the management of a power struggle for the sake of self- preservation. Even the Oxford Dictionary of Politics and International Relations conceives statecraft as fundamentally about “managing relations between states to the advantage of one’s own country.” With roots extending at least as far back as Machiavelli’s The Prince with its infamous preoccupation with preserving power in …

Effects Of Bioprosthetic Valve Fracturing On Valve-In-Valve Transcatheter Aortic Valve Implantation Transvalvular Gradients, Osama Hallak, Karley Fischer, Shaina Ailawadi, Damian Valencia, Yan Yatsynovich, Raja Nazir, Brian Schwartz

The Texas Heart Institute Journal

BACKGROUND: Valve-in-valve (ViV) transcatheter aortic valve implantation (TAVI) is quickly becoming a routine and effective means by which to treat degenerated bioprosthetic valves. A known complication of ViV-TAVI is patient-prosthesis mismatch, which substantially affects survival. Bioprosthetic valve fracture is a method by which to reduce the risk of patient-prosthesis mismatch and post-ViV-TAVI transvalvular gradients. This study sought to determine the safety and efficacy of post-ViV-TAVI bioprosthetic valve fracture.

METHODS: Patients with a history of surgical aortic valve replacement undergoing ViV-TAVI bioprosthetic valve fracture (N = 25) at the corresponding institution from 2015 to 2022 were cataloged for a retrospective analysis. …

Outcomes For Patients With Head And Neck Sarcoma Treated Curatively With Radiation Therapy And Surgery, Alison K Yoder, Ahsan Farooqi, Devarati Mitra, J Andrew Livingston, Dejka M Araujo, Erich M Sturgis, Ryan Goepfert, Andrew J Bishop, B Ashleigh Guadagnolo

Faculty, Staff and Student Publications

PURPOSE: Soft tissue sarcomas (STSs) of the head and neck (H&N) are rare malignancies that are challenging to manage. We sought to describe the outcomes of patients treated with curative intent using combined surgery and radiation therapy (RT) for H&N STS.

METHODS AND MATERIALS: We performed a single-institution retrospective review of patients with nonmetastatic STS of the H&N who were treated from 1968 to 2020. The Kaplan-Meier method was used to estimate disease-specific survival (DSS) and local control (LC). Multivariable analyses (MVAs) were conducted using Cox proportional hazards model.

RESULTS: One hundred ninety-two patients had a median follow-up of 82 …

The Right To Remove In Agency Adjudication, Christopher J. Walker, David Zaring

Articles

In SEC v. Jarkesy, the Supreme Court will decide the constitutional future of agency adjudication, especially in the context of agency enforcement actions and the imposition of civil penalties. If the Court agrees with the Fifth Circuit on any of its three independent reasons for unconstitutionality, agency enforcement and adjudication schemes across the federal regulatory state will be severely disrupted, in ways that are detrimental to both the regulator and the regulated. In this Essay, we propose a path forward: In certain circumstances, the regulated party should have a right to remove an enforcement action from an in-house agency adjudication …

Research Access To Social Media Data: Lessons From Clinical Trial Data Sharing, Christopher J. Morten, Gabriel Nicholas, Salomé Vilgoen

Articles

For years, social media companies have sparred with lawmakers over how much independent access to platform data they should provide researchers. Sharing data with researchers allows the public to better understand the risks and harms associated with social media, including areas such as misinformation, child safety, and political polarization. Yet researcher access is controversial. Privacy advocates and companies raise the potential privacy threats of researchers using such data irresponsibly. In addition, social media companies raise concerns over trade secrecy: the data these companies hold and the algorithms powered by that data are secretive sources of competitive advantage. This Article shows …

Rethinking Innovation At Fda, Rachel E. Sachs, Nicholson Price, Patricia J. Zeitler

Articles

In several controversial drug approval decisions in recent years, the Food & Drug Administration (“FDA”) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the Agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the Agency has come to make many innovation-related judgments as part of …

Xylan Fast Pyrolysis: An Experimental And Modelling Study Of Particle Changes And Volatiles Release, F Cerciello, E Freisewinkel, A Coppola, C Ontyd, D Tarlinski, Martin Schiemann, Osvalda Senneca, Pierro Salatino, C Allouis, Victor Scherer, Thomas H. Fletcher

Faculty Publications

Biomass char particles produced by pyrolysis may have different morphologies, which has important implications on burning mode, conversion rate and boiler efficiency. These features are difficult to address due to the complexity of biomass structure and pyrolysis reaction models. The present work reports preliminary results on the morphological changes and volatile release that solid particles of Xylan experience upon fast heating in a Drop Tube Reactor (DTR) and in a Heated Strip Reactor (HSR) in a range of temperature between 1100 and 1573 K under inert atmosphere with heating rate in the order of 10³ K/s. Two different Xylan …

The Radical Challenge To The Antitrust Order, Daniel A. Crane

Articles

The U.S. antitrust order is undergoing a radical challenge along three key dimensions. First, the challengers seek to denaturalize markets and replace a commitment to competition with an anti-domination norm. Second, the challengers seek to dramatically alter institutional arrangements, with Congressional legislation and agency rulemaking replacing antitrust's longstanding commitment to judicial common law incrementalism. Finally, the challengers would replace the antitrust order's preferred juridical approach-open-ended rule of reason analysiswith a return to bright-line prohibitory rules and a related demotion of economists as decision-makers. Each of these challenges entails significant consequences, many of them unintended, counter-productive, or perverse. Contrary to the …

The Macroprudential Myth, Jeremy C. Kress, Jeffery Yufeng Zhang

Articles

According to conventional wisdom, the 2008 fnancial crisis fundamen- tally changed how policymakers approach fnancial regulation. Before the crisis, regulators sought to prevent individual fnancial institutions from collapsing, but this “microprudential” strategy proved inadequate to stop the market-wide meltdown. In response, policymakers purportedly turned to a new “macroprudential” approach that prioritizes the stability of the fnancial system as a whole instead of individual institutions in isolation. Regulators in the United States and abroad enthusiastically embraced macroprudential policy, implementing stress tests, capital buffers, liquidity requirements, and other supposed macroprudential tools. As the United States’ top bank regulator declared in 2015, “[W]e …

Sins And Omissions: Slavery And The Bill Of Rights, Richard Primus

Articles

According to the conventional story, the Constitutional Convention declined to include a bill of rights in the Constitution because it trusted the enumeration of congressional powers to do the necessary work of limiting the federal government. That conventional story is historically unfounded. It is not supported by contemporary evidence, and it was roundly disbelieved at the time. Although it is not possible to know for certain why (really, for what mix of reasons) the Framers omitted a bill of rights, it seems likely that one major reason was that formulating a bill of rights would have provoked a bitter fight …

Ethnic-Racial Socialization Experiences Of Mexican American Youth, Katherine J. Bingham, Elizabeth A. Cutrer-Párraga, Timothy B. Smith

Faculty Publications

Research has shown that ethnic–racial socialization (ERS) predicts education and mental health outcomes for adolescents. However, limited research has evaluated the ERS experiences of Latinx students. The current study examined ERS experiences of Mexican American youth in four focus group interviews that were transcribed and analyzed at both the individual and group level using interpretive phenomenological analysis. Main themes included feeling like an outsider, navigating discrimination, encountering social/emotional difficulties, and achieving a positive identity. Each theme contained two to three subcategories that provide further insight into the Mexican Americans' ERS experiences. Participants reported within-group discrimination, motivation to disprove stereotypes, and …

Feedback Loops: Fortifying Feedback, Patrick Barry

Articles

Feedback has an Important role to play in the fight against impostor syndrome and its many toxic by-products, including isolation, dread, depression, drops in motivation, and negative self-talk. In 2013, for example, one of the American Psychological Association’s oicial publications, gradPSYCH magazine, ran a cover story called “Feel like a Fraud?” that highlighted the stabilizing power that the right kind of feedback can provide. “he thing that made so much diference was supportive, encouraging supervision,” explained a graduate student interviewed for the story.

Bank Runs During Crypto Winter, Gary B. Gorton, Jeffery Yufeng Zhang

Articles

“Crypto Winter” refers to a systemic event that occurred in the cryptocurrency ecosystem—what we call “crypto space”—in 2022. Crypto space was wracked by plummeting crypto prices, the troubles of a large crypto hedge fund, and runs on many crypto lending platforms. Several large crypto firms went bankrupt. Collectively, everyday people lost billions of dollars. And crypto investors are still feeling the aftershocks.

We begin with two observations: First, despite mass marketing campaigns to the contrary, crypto lending platforms recreated and replicated traditional banking. They were vulnerable to runs because, like all banks, they borrowed short and lent long. This is …

The American Antimonopoly Tradition: Origins, Contradictions, Transformations, Daniel A. Crane

Articles

Proponents of antitrust reform argue for the rediscovery of an American antimonopoly tradition that predated the Sherman Act by centuries and suggests the reimagination of a more robust contemporary policy against concentrated economic power. But historically there have been a number of distinct and often contradictory strands of American antimonopoly. The American colanists inherited a weak, recent, and largely invented antimonopoly common law tradition focused on exclusive grants of privilege from the crown. In the nineteenth century, antimonopoly became a generative and ubiquitous concept in state legislatures and courts, but one with multiple, inconsistent meanings that evolved in the decades …

The Naci Way: Connecting Native Groups And Teachers Through Culturally Responsive Instructional Design, Stephanie West, Heather Francis, Cally Flox, Brenda Beyal, Emily Soderborg, Jason K. Mcdonald

Faculty Publications

In 2018, the BYU ARTS Partnership Native American Curriculum Initiative (NACI) was developed in response to teacher questions regarding the teaching of Native topics. Despite increased movements towards reconciliation, Native groups continue to be marginalized in Westernized educational settings. Additionally, teachers lack clear guidelines regarding the respectful teaching of Native topics. Describing the challenges we, the NACI team members, faced in our six-year journey partnering with Native groups in Utah, we outline key instructional design decisions we made and identify the culturally responsive principles that guided those decisions. We also advocate for the application of culturally responsive principles and practices …

The Origins Of The Legal Imagination, James Boyd White

Articles

I want to say at the outset that I feel honored beyond imagining at this celebration of the fiftieth anniversary of my book, and all the more because it is you who have set this up—so many beloved friends over the years and others who will surely become friends. I thank you deeply.

As I wondered about what I might say this morning, I thought perhaps you would be interested in where this truly odd book, with its 986 pages of readings and questions, came from.

The Dividend Puzzle Redux, Reuven S. Avi-Yonah

Articles

The news that Meta will for the first time pay a dividend to its shareholders has prompted discussion of whether dividends will make a comeback as a major component of investor returns for high-flying corporations. Before this latest development, the largest U.S. companies (that is, the digital giants) tended to engage in stock buybacks and did not usually pay dividends.

Whither Lob?, Reuven S. Avi-Yonah

Articles

On January 1, 2024, the 1979 tax treaty between the United States andHungary was officially terminated.A revised treaty was signed in 2010but was never ratified by the United States, and it is unlikely that it willcome into effect any time soon.This situation is an anomaly because the United States has tax treaties withmost other members of the European Union (EU) and the Organisation forEconomic Co-operation and Development (OECD). Why did the UnitedStates terminate the treaty in July 2022?

Alterity As A Mirror Of Identity: Primo Levi’S Self Representation In Other People’S Trades, Ilona Klein

Faculty Publications

Primo Levi reveals much about himself in the fifty-one short essays of L’altrui mestiere (Other People’s Trades). This study analyzes L’altrui mestiere as the awareness of the “self” through the observation of “otherness” — other people, but also other living beings which are not human (mammalian animals and insects), others as minerals, and others as hypotheses, theories, writings, microcosmic or macrocosmic conceptions that Levi uses to weave a discourse of “alterity” as a mirror of “identity.” L’altrui mestiere’s narrative pattern revolves around contrasts and comparisons between the familiar and the unfamiliar, the canny and the uncanny, the …

In Memoriam: Fred R. Gowans (1936-2023), Rocky Mountain Fur Trade Historian, Jay H. Buckley

Faculty Publications

Fred R. Gowans is the proverbial American original – or, better yet, Western American original. Fred talked and wrote convincingly about the American West and the fur trade because he spent so much time in it, exploring or retracing old trails. Fred made no pretenses. He dressed for class, public talks, or academic presentations the same way he dressed for working with his horses: Western hat, Western shirt, Levis, cowboy boots, and on the rare occasion a sport coat and bolo tie. He lived with his wife Gloria in a log home that he and his father Floyd had built …

Effect Of Alkaline Water In Controlling Oral Ph, Duc M. Nguyen

Dental Hygiene ETDs

This study was motivated by the widespread prevalence of dental caries, acknowledged as a global concern and often deemed a pandemic, coupled with the realization of limitations in existing caries prevention methods. The surge in the popularity of alkaline water for daily use, recognized for its health benefits, prompted an exploration of its potential role in averting dental caries. The central hypothesis, focusing on the remineralization benefits of alkaline water as a preventive method for dental caries, formed the basis of investigation. Structured with two phases and five steps, the study aimed to evaluate the impact of alkaline water on …