Digital Commons Network^™

Democratic Federalism And The Supreme Court, Keynote Address At The 2023 Ira C. Rothgerber Jr. Conference, Carolyn Shapiro

University of Colorado Law Review

No abstract provided.

Federal Indian Law As Method, Matthew L.M. Fletcher

University of Colorado Law Review

No abstract provided.

Facts On Trial: Alliance For Hippocratic Medicine V. Fda And The Battle Over Mailed Medication Abortion, Rachel Rebouché .

University of Colorado Law Review

No abstract provided.

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 …

Carbon Pricing For A Just Transition, Jeff Todd

University of Colorado Law Review

The legal tools to avoid the potential disasters of climate change are already available, at least according to economists. Economists overwhelmingly prefer carbon pricing tools like carbon taxes and cap-and-trade programs to combat climate change and guide the energy transition. Carbon pricing is more cost effective at lowering carbon and other greenhouse gases (GHGs) than other legal options such as efficiency standards, renewable portfolio standards, subsidies, and tax credits and deductions. Unlike those other options, carbon pricing targets both the supply of and the demand for GHG-emitting products and services; moreover, it gives firms and consumers flexibility in how best …

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 …

Estate To State: Pay-To-Stay Statutes And The Problematic Seizure Of Inherited Property, Brittany L. Deitch

University of Colorado Law Review

Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay laws take many forms, in general, they authorize the government to seek recompense for an individual’s incarceration costs from the currently or formerly incarcerated person’s assets and income. Many states permit the seizure of inherited property to satisfy this legal financial obligation. Pay-to-stay laws have survived constitutional challenges thus far, but some state legislatures …

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 …

Rethinking Antebellum Bankruptcy, Rafael I. Pardo

University of Colorado Law Review

Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …

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 …

Campus Leaders’ Support Of Culturally Responsive Classroom Management Strategies: Single Exploratory Case Study, Charmon L. Barksdale

Electronic Theses and Dissertations

Abstract This study addressed the growing concern regarding the disproportionate suspension rates experienced by African American students. The problem addressed in this study was the variation in leadership support for teachers implementing culturally responsive classroom management strategies to manage culturally diverse student behaviors. This is important to African American students' educational experiences within the learning environment. This exploratory single case study examined school leaders' and teachers' perspectives on the use of culturally responsive strategies to answer the research questions regarding the definition and descriptions of culturally responsive practices, participants' perspectives on the benefits and challenges of these practices, and the …

The Effect Of Supportive Relationships And A Sense Of Community On The Success Of First-Year College Students, Stetson K. Akers

Electronic Theses and Dissertations

Colleges and universities across the United States actively seek to bring quality students to their institutions and retain them through their course of study while striving to support the successful completion of their degree. The problem is that students face many sources of adversity within their first year of college and leave the institution they have enrolled in before returning for their second year, including financial issues, mental health struggles, and academic success problems. The reasons students leave vary, but it remains important to help students feel connected to the community of their campus while supporting their mental health during …

Cosmos For Cut Flower Production In Utah, Ali Harrison, Melanie Stock, Lorin Harrison, Amanda Pratt, Olive Stewart, Claudia Nischwitz, Nick Volesky

All Current Publications

Cosmos are one of the easiest and most productive cut flowers to grow. As a warm-season annual, blooms are prolific and continued, making cosmos a staple, cut-and-come-again flower. The plants tolerate low water conditions, poor soil, and low maintenance, and perform better in fields than high tunnels. Available in shades ranging from whites and blushes to cranberry and orange, cosmos provide popular colors and airy textures for floral design work, particularly in late summer weddings and events.

Assessment Of The Correlation Between Disease Activity And Serum Biomarker Anti-Mcv And Il6 In Iraqi Patients With Rheumatoid Arthritis, Dania A. Ali, Muhammad M. Al-Anee, Nizar Al-Anee, Adnan A. Alrubaye

Poultry Science Faculty Publications and Presentations

Background: Rheumatoid arthritis is an autoimmune disease characterized by autoantibodies against citrullinated antigens. The anti-cyclic citrullinated peptide test is commonly used to diagnose rheumatoid arthritis, whereas the anti-mutated citrullinated vimentin is another anti-citrullinated antibody that reacts with mutated citrullinated vimentin.  Anti-mutated citrullinated vimentin antibodies have been suggested as a superior early arthritis diagnostic marker.

Objectives: This study aimed to evaluate the levels of IL6 and anti-mutated citrullinated vimentin biomarkers as well as to determine their potential correlation with disease activity in rheumatoid arthritis Iraqi patients.

Methods: The study included an overall sample of 120 individuals who were recruited from the …

Reactive Aldehyde Species (Rasp) Inhibitors Sequester Maa-Adducts And Reduce Pro-Inflammatory Cytokines, Duncan Works

Posters and Presentations: College of Medicine Students

Background: Post-translational modifications of self-proteins have been implicated in the pathogenesis of Rheumatoid Arthritis (RA). One of these protein modifications termed malondialdehyde-acetaldehyde-adduct (MAA) has recently gained interest for its involvement in RA. This protein adduct contributes to inflammation by inducing immune cells to generate pro-inflammatory cytokines, T-cell specific responses, responses and circulating autoantibodies. Recently, novel reactive aldehyde species (RASP) inhibitors (ADX-629 and ADX-246) became available that have been shown to prevent the formation of MAA adducts by covalently binding and sequestering MDA and AA in a mouse model of alcoholic liver disease. These inhibitors prevented the release of key inflammatory …

Sglt2i Use Potentiates Acute And Chronic Radiation-Induced Side Effects In Prostate Cancer Radiation Therapy, Duncan Works

Posters and Presentations: College of Medicine Students

Radiation therapy is a common treatment modality offered to patients with localized prostate cancer. It can be associated with early radiation-induced toxicities including dysuria, nocturia, frequency, urgency, spasm, and rarely hematuria. Early toxicities usually resolve once the treatment period has ended. Chronic toxicities are less common, and rarely, patients may experience radiation-induced hemorrhagic cystitis and hematuria months to years after radiation. We herein describe the case of a 65-year-old male with a past medical history of type 2 diabetes mellitus who experienced hemorrhagic cystitis for months following his radiation therapy. The patient was on Sodium-Glucose Cotransporter-2 inhibitor therapy (Jardiance), which …

Engaging With Culturally Relevant Curriculum Development Practice In First-Year Writing Courses Through A Community Of Practice, Mitchell Dallas Herring

Theses and Dissertations

This qualitative action research study provides a case study of a community of practice (CoP) comprised of six faculty who teach first-year writing at Southern Technical College (pseudonym) as they engaged with culturally relevant teaching to review their curriculum development practices. The guiding question of this study was: How does engagement with culturally relevant pedagogy within a community of practice impact faculty who teach first-year writing's curriculum development practice, especially given their perceptions of students' needs and literacies? The study used a case study research design to document the faculty's experiences discussing and reflecting on their practice and perceptions of …

Systems Check: A Qualitative Case Study Of Educators And Parent-Educators Supporting Adolescent Readers From An Ecological Systems Perspective, Kristi Nicole Grooms

Theses and Dissertations

In spite of decades of research and an abundance of well-intentioned intervention efforts, supporting adolescent readers, particularly at the middle level, remains a significant area of concern for educators in the United States. The struggles are present for educators working to help underperforming readers reach grade-level and keep advanced readers motivated and engaged. At home, parents and guardians experience similar challenges. Data on adolescent comprehension performance continues to be frustrating in terms of producing consistent positive results. This qualitative action research study investigated the ongoing challenge of supporting adolescent readers, specifically within the context of 7th grade, through a systems …

Exploring The Relationships And Differences Of Cultural Identity Salience, Life Satisfaction, And Cultural Demographics Among Emerging Adults, Matthew L. Nice

Adultspan Journal

Quantitative research methods were used to evaluate the salience of emerging adults’ (N = 444) cultural identities of race/ethnicity, gender, sexuality, spirituality, and socioeconomic status on perceived life satisfaction and cultural demographics using the Multicultural and Social Justice Counseling Competencies (MSJCC; Ratts et al., 2016) as a guiding framework. Findings from a one-way analysis of variance (ANOVA) indicated significant differences between specific cultural demographics and their cultural identity salience. Racial/ethnic and spiritual identify salience were found to be significantly related to emerging adults’ life satisfaction. A regression model considering race/ethnicity and spirituality identity saliences was significant when controlling for …

First Generation College Student Transitions: Informing Counseling Practices For Emerging Adults, Cassandra A. Storlie, Jessi Budyka, Anna A. Ellenson, Alexandra Malkani, Deanna Revels

Adultspan Journal

Using Schlossberg’s Transition Theory (STT), we used a directive content analysis to explore the high school to college career transitions of 24 emerging adults who were first generation college students (FGCS) with undeclared majors. 153 phrases aligned with STT highlighting unanticipated situations, psychological resources, and emerging adult development. Implications for professional counselors working with FGCS are provided.

The Unequal Distribution Of Social Risk For Black Men Across The Life-Span. A Novel Framework., Waleed Y. Sami

Adultspan Journal

This conceptual overview offers a comprehensive overview of systemic pathways that negatively impact the mental health of Black Men throughout their lives. Our argument highlights the importance for counselors and mental health professionals to utilize a thorough social risk assessment that considers these pathways in order to effectively address the mental health needs of Black Men while fostering positive working relationships. This overview strongly advocates for the use of context and structural determinants when evaluating mental health symptoms. Without an appropriate understanding of social risk and determinants, counselors may inadvertently perpetuate disparities by decontextualizing symptomology, and reproducing racist discourse.

Counseling Young Adults Regarding Spiritual Wellness: The Need And The Practice, Ellise Nolan, Fawn Gordon, Kailey Bradley

Adultspan Journal

The authors explore literature discussing an increasing level of anxiety and depression in young adults connected to struggles with meaning and purpose. The authors present the challenges of young adulthood as a developmental stage, highlighting the role that spiritual/religious exploration can occupy in counseling. Exploring the barriers counselors report to integrating spirituality into counseling, the authors propose counselors utilize the Ways Paradigm framework to support young adults with their spiritual wellness, giving examples of ways of understanding, ways of being and ways of intervening for working with clients with diverse religious/spiritual beliefs. The authors conclude with a case study and …

Completely Optional: Rethinking Synchronous Graduate Workshops As Asynchronous Youtube Videos, Julie Arendt

VCU Libraries Faculty and Staff Presentations

After the session, attendees will be aware of the “best practices” recommended for academic library videos in general. Attendees will observe a process for prioritizing goals in library workshops and for getting inspiration from sources outside the library.

Unraveling A Broken Model: Exploring Librarians Experimentation And Early Use Of Chatgpt, Hope Y. Kelly Phd

VCU Libraries Faculty and Staff Presentations

A recent study about ChatGPT use amongst librarians broke a reliable and widely replicated model. This presentation digs through the incongruous results to provide a snapshot of the excitement, concerns, and conflict that arise in engaging with such tools, particularly in our capacity as information literacy instructors.

Generative AI, like Chat GPT, is changing the landscape of information literacy as well as how we develop and deliver instructional content. This presentation speaks to how early adopters and detractors began to experiment with the technology and how they viewed its influence on their instructional design, applying information literacy principles to GenAI …