Digital Commons Network^™

Promise And Limits Of Total Governance: A Response To Professors Gramitto Ricci And Greenwood, Atinuke O. Adediran

Faculty Scholarship

In their article, Total Governance, Professors Gramitto Ricci and Greenwood theorize about how to increase the power and influence of ordinary individual shareholders who do not have a lot of wealth. The total governance framework has some promise for increasing the influence of ordinary people in corporate governance. It also raises questions about treating corporate actors as monoliths: managers, boards of directors, shareholders, and stakeholders. This brief response, however, takes the position of a skeptic who recognizes the theoretical potential of the total governance framework while highlighting the shortcomings of the concept for corporate governance.

Federal Open Data As An Artificial Intelligence Resource, Erik Stallman, Aniket Kesari

Faculty Scholarship

In the 2010s, the open government data movement—a confluence of government transparency and open source advocacy—succeeded in making most federal data disclosed by default and free of restriction on downstream use. However, keen-eyed observers noted a “new ambiguity” in open government data policies.

Sharing The Tuna Platter: A Uniform System Of Assessment For Clinical Education, Melina Healey

Scholarly Works

Legal education’s current methods for the measurement of student achievement in clinics, and the measurement of a clinic course’s effectiveness, are often unsatisfying, unreliable, and incomplete. This article presents a methodology for uniform and integrated systems of assessment across clinical programs that can provide more reliable evaluation of student progress and achievement, and better feedback to clinical programs on their effectiveness. It also shares how Touro University Jacob D. Fuchsberg Law Center’s Clinical Program applied these strategies with both success and challenges.

Sars-Cov-2 Genomic Surveillance Using Self-Collected Saliva Specimens During Occupational Testing Programs, Andy T. Schnaubelt, David Brett-Major, Janet Williamson, Bailey Barcal, Julie Carstens, Ashley Peer, Michael R. Wiley, M. Jana Broadhurst

Journal Articles: Epidemiology

Continually emerging SARS-CoV-2 variants pose challenges to clinical and public health interventions, necessitating sustainable approaches to real-time variant monitoring. This case study describes an innovative SARS-CoV-2 screening and surveillance program that demonstrates the utility of sequencing-based variant monitoring using self-collected saliva specimens. We conducted saliva-based SARS-CoV-2 screening in occupational settings in Omaha, Nebraska from December 2021 through November 2022. 8,372 saliva specimens collected from 1,480 participants were tested for SARS-CoV-2 RNA by extraction-free PCR, with 334 positive samples referred for whole-genome sequencing analysis. Program utilization, quality metrics, and sequencing outputs were compared across sites. Specimen quality was high across program …

The Fiduciary Code Of Capital And Climate Change, Seth Davis, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

Fiduciary law is part of the “code” for the management of capital, as Katharina Pistor has conceptualized law. Climate activists, attorneys, investors, and international organisations have turned to fiduciary law for legal solutions to the ongoing problem of inadequate corporate and state action in response to climate change. Our thesis is that the turn to fiduciary law by norm entrepreneurs is an attempt to encode a concern for climate change within the management of capital. We make two contributions to the literature on private law and climate change. First, we rigorously identify the features of fiduciary law that make it …

Short Term Outcome In Pediatric Age Group Presented With Severe Head Injury, Ahmed Nazem Elafifi, Hatem Ibrahim Badr, Amr Farid Khalil, Magdy Basheer

Mansoura Medical Journal

Background Pediatric head injury has been recognized as a significant public health issue, frequently resulting in disability & mortality among youth, & makes significant requirements on health services Aim To evaluate the short-term results in pediatric age group presented with severe head injury at Mansoura university emergency hospital, focusing on primary outcomes such as mortality and return to normal consciousness and secondary outcomes, including disability and cognitive dysfunction, to understand survival and post-injury quality of life. Patients and methods This prospective observational research has been conducted on 86 cases presented with head trauma and was conducted for 1 year starting …

Relationship Between Serum Micro-Rna 192 And 29c And Kidney Disease In Subjects With Type 2 Diabetes Mellitus, Amr Y. El Feky, Talaat A. Abdelaaty, Azza A. Ismail, Rania M. Elsharkawy, Mohamed F. Amara, Shimaa M. Elrahmany

Mansoura Medical Journal

Background Diabetic kidney disease (DKD) is a frequent and serious complication of type 2 diabetes mellitus (T2DM). This study aimed to assess the relationship between micro- RNA (miRNA)-192 and miRNA-29c expression and DKD in patients with T2DM. Patients and methods A case-control study was conducted with 160 participants: 40 T2DM patients with DKD, 40 T2DM patients without DKD, and 80 healthy controls. Plasma levels of miRNA-192 and miRNA-29c were quantified using quantitative reverse transcription PCR. Diagnostic accuracy was assessed via ROC curve analysis. Multivariate logistic regression identified predictors of DKD. Results Micro RNA-192 expression was significantly elevated while miRNA-29c expression …

Indications Of Hospitalization And Predictors Of Outcome Among Patients With Rheumatological Diseases Admitted To Mansoura Rheumatology And Immunology Unit, Hanan Mohamed Elberashi, Nibal Morad, Samar Tharwat

Mansoura Medical Journal

Background correction: Systemic autoimmune rheumatological diseases (SARDs) constitute a category of disorders that can affect several organs. SARDs are persistent, incapacitating illness characterized by significant morbidity and mortalityrates. Patients with SARDs necessitate hospitalization more frequently than the general population.

Aim: To determine the characteristics of patients hospitalized with SARDs at Mansoura University Hospital.

Materials and methods: This cross-sectional study was carried out on patients with different SARDs. The collected data

included patients’ sociodemographic data, autoimmune disease diagnoses, the onset and duration of the disease, rate of

readmission, the main cause of admission, the main organ affected at time of admission, …

Endoscopic Excision Of Nasopalatine Duct Cyst: A Case Report And Review Of Literature, Deviprasad Dosemane, Meera Niranjan Khadilkar, Ananya Sinha

Manipal Journal of Medical Sciences

Nasopalatine duct cyst is the most frequently seen nonodontogenic cyst in the oral cavity, yet prevalent only in approximately 1% of individuals. Due to its asymptomatic nature, it is often unrecognized and an incidental finding.

Here, we describe one such case presenting as a hard palate swelling.

The Development Of A One Pot, Two Reaction Synthetic Preparation Of 1,2,4-Oxadiazole, And Synthesis Of Ataluren, A Novel Drug In The Fight Against Duchenne Muscular Dystrophy. Efforts Towards The Synthesis Of A Potential Protease Inhibitor Against The Main Protease (3clpro) Of Covid-19, Austin J. Carter

Theses and Dissertations

1,2,4-Oxadiazoles are five-membered heterocyclic structures first synthesized by Tiemann and Krüger in 1884. Recent discoveries suggest an array of useful biological properties.In preparation of 1,2,4-oxadiazoles, the most prevalent precursors are amidoximes, which can be created via the reaction of nitriles with hydroxylamine hydrochloride and a base. The amidoximes are reacted with an activated carboxylic acid to yield an acylated intermediate. This intermediate can be exposed to a base to cyclize into the 1,2,4-oxadiazole. This thesis describes the efforts in combining these three steps into a unified one-pot synthesis.

Currently, there are a significant number of commercially available FDA approved and …

Immigration Identity And Policy Choices: Exploring How Immigration Status Shapes Public Attitudes Toward Immigration Policy, Ali Ahmad

Theses and Dissertations

This study explores how immigration background influences public attitudes toward immigration policy. The study employs social identity theory and assimilation theory, which elucidate how group affiliation and generational proximity influence political attitudes. Drawing on these theories, the study hypothesizes that individuals with closer ancestor migration ties are more likely to show higher levels of support for favorable policies for immigrants compared to those who have more distant ancestor migration ties. Utilizing the 2020 Cooperative Election Study (CES) data, the analysis incorporates key demographic and ideological variables as control variables, such as education, gender, age, and family income. The study found …

Moore Questions, Some Answers: Fixing The Personal Tax System Despite Constitutional Constraints, David Gamage, John R. Brooks, Edward J. Mccaffery

Faculty Scholarship

Moore v United States was expected to rule on the constitutional necessity of the tax-law realization requirement originating from Eisner v Macomber, a potential impediment to progressive tax reform efforts aimed at shutting down the planning techniques of Buy Borrow Die. The various opinions in Moore, however, provided no definitive answer to this core question, instead leaving many more questions. Amid the lingering uncertainty, we argue that various responses to the problem of wealthy Americans’ not needing to pay any taxes remain possible after Moore. An incremental, “mix-and-match” approach to progressive tax reform may best suit the …

Bailing Out Biometrics, Chinmayi Sharma, Elijah Gordon

Faculty Scholarship

In 2023, hackers breached 23andMe and extracted the biometric and genealogical data of nearly seven million people. By 2025, that data-originally offered up in the spirit of medical discovery and consumer empowerment-was being auctioned off in bankruptcy court as a corporate asset. The breach exposed more than technical lapses or governance failures. It revealed a structural gap in how the law understands, regulates, and protects biometric identity. Biometric data is intimate, immutable, and implicates human dignity and autonomy. And yet, the legal frameworks most often tasked with protecting it-tort, contract, and even modern privacy statutes-have consistently failed to impose meaningful …

Slaughter, Parsons, And The Original Meaning Of A Term Of Years, Jane Manners, Lev Menand

Faculty Scholarship

No abstract provided.

Symposium Transcript, In Re Opioid Litigation: The Pretrial Phase, Rodger D. Citron

Touro Law Review

In October 2023, Touro Law Center held a two-day conference on “The Past and Future of Opioid Litigation.” The inspiration for the conference was an extraordinary five-month jury trial in Suffolk County presided over by Hon. Jerry Garguilo. The trial, which was the first in the United States to include all parties in the pharmaceutical supply chain, from manufacturers to wholesale distributors to retail sellers, began in the summer of 2021. As Touro Law Dean Elena Langan notes in her introductory remarks below, because of the pandemic, the trial began and continued for a period of time in the auditorium …

Litigation, Reform, And The Opioid Crisis: From Mdl To Bankruptcy, Abbe R. Gluck

Touro Law Review

Can bankruptcy solve a public health crisis? Bankruptcy has taken center stage in complex civil litigation, and the massive opioid litigation is no exception. The U.S. Supreme Court in 2024 decided its first recent case about the intersection of bankruptcy and modern public harms litigation in Harrington v. Purdue Pharma L.P., a decision that brought to the fore pressing questions about the increasing use of bankruptcy in mass torts. In raising concerns about bankruptcy courts being used as a “roving commission to solve all such problems” in complex civil litigation,” the case potentially signals the Court’s growing discomfort with creative …

Special Issues Facing People Who Use Drugs And How Sensitive Lawyers Can Help: Three Case Studies From Rutgers Law Associate, Andrew J. Rothman

Touro Law Review

No abstract provided.

“In Defiance Of Gifts”: The Dutch Origins Of The Foreign Emoluments Clause, Liam E. Cronan

Touro Law Review

Starting in 2017, a series of lawsuits against President Donald Trump grounded their arguments on a long-overlooked portion of the Constitution: the Foreign Emoluments Clause, which in its most basic form bans government officials from accepting gifts, or “emoluments,” from foreign entities. Until 2017, few courts or scholars had ever scrutinized this provision. But with Trump’s presidency and enduring reports of his foreign business dealings, this oft-shunned area of the law suddenly garnered the attention of courts and scholars alike. Because of a clear “lack of precedent” on this matter, federal judges soon parsed historical records to determine the Clause’s …

Enhancing The Uniform Partition Of Heirs Property Act: The Need For Broader Use And Essential Modifications, Donna Arzanipour

Touro Law Review

The Uniform Partition of Heirs Property Act (“UPHPA”) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property. Through a comparative analysis of states that have adopted their versions of the UPHPA, this Note considers the law’s potential to protect family land, reduce the risk of displacement, and promote longterm economic stability for communities, especially those in rural and minority populations. While recommending that all states should adopt …

Unboxing The Box: A Deep Dive Into Solitary Confinement And When It May Violate The First And Eighth Amendments, Madison Scarfaro

Touro Law Review

Solitary confinement has been a practice used for those who are incarcerated in our criminal justice system for hundreds of years. Our nation, as well as our society have evolved and continue to evolve over the course of hundreds of years. However, the use of solitary confinement has not. Even with all of the research and literature surrounding the monstrosities that come about from solitary confinement, it is still used in most of our jails and prisons to this day. The Eighth Amendment to the U.S. Constitution provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel …

A Patent System For Temple Grandin, Andrew Chin

Touro Law Review

This article explores the intersection of neurodiversity and innovation through the lens of Temple Grandin’s contributions to livestock handling systems and her philosophical alignment with the U.S. patent system. Drawing on cognitive research by Simon Baron-Cohen, archaeological insights from Penny Spikins, and personal reflections, I argue that autistic cognitive styles—characterized by heightened “folk physics” aptitudes and visual thinking—have historically driven technological progress. Grandin’s patented inventions, motivated by sensory-based empathy for animals, exemplify how neurodivergent inventors seek to embed their conceptions of ethical utility into the nation’s technological infrastructure. The article critiques modern patent litigation trends, advocating instead for a system …

Fundamental Alteration Limits On Disability Rights: Spread, Specifications, And The Quality Of Education, Adam M. Samaha

Touro Law Review

Fundamental alteration limits are now remarkably prevalent in disability rights law, even if the underpinnings of those limits are not well understood. This article explores the spread, specification, and normative problematics of those limits on disability accommodation and modification claims, with special attention to claims involving education. Often legal sources are vague regarding the content of fundamental alteration limits, but the article suggests that leading options include preservation of a program’s (1) nature, (2) details, (3) purposes, or (4) quality, including training and competition. Although several of these options seem unproductive, directing attention to quality training and fair competition among …

Private Religious Schools And Disability Discrimination, Kevin Timpe

Touro Law Review

In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases …

In Too Deep: Navigating An Unpredictable Algorithm, Anthony J. Ranieri

Touro Law Review

This note explores the intersection of deepfakes, a newfound and seemingly ubiquitous technology, and the protections granted by the Free Speech Clause under the First Amendment. At this juncture, society has failed to develop an infallible form of deepfake detection technology despite persistent and diligent efforts by individuals and entities alike. Hyper realistic deepfake technology has and will continue to be utilized by bad actors as a tool for advancing their nefarious goals, resulting in cognizable harm to individuals and society at large. This note evaluates the current state of deepfake technology and the potential obstacle that traditional First Amendment …

The False Evidence Ploy: A Coercive, Not Just Deceptive, Police Tactic, Alexa D. Sondey

Touro Law Review

Why would people confess to a crime they did not commit? It may seem hard to imagine that an innocent person would confess but as this Note will show, false confessions are a real and serious issue. One cause of false confessions is the False Evidence Ploy - a police interrogation tactic where police falsely tell a suspect they have some sort of incriminating evidence against them. This Note argues that the Ploy is psychological coercion, as it may cause innocent suspects to believe they actually committed the crime and then confess. N.Y. Bill S324A presented a solution, banning the …

Tort Law As A Remedy For Terrorism, Boaz Segal

Touro Law Review

This article examines two basic questions. First, can tort law suits against operatives in various circles of the world of terrorism be added to the toolkit of deterrence? Second, assuming that the answer to the first question is in the affirmative, how can tort law be structured to effectively deter terror operatives? With respect to the first question, despite the intuitive assumption that the relevant branches of the law in such cases are criminal, international, and counter-terrorism law rather than the various branches of private law, this article argues that tort law is capable of serving as a significant deterrent …

Depraved Indifference Murder In New York State: Proving Depravity In Vehicular Homicide Cases, Jolie Bodner Zangari

Touro Law Review

Depraved indifference murder is one of the most complex theories of proving criminal liability for causing the death of another person. New York’s depraved indifference murder statute exists in Article 125 of the Penal Law of the State of New York, under section 125.25(2) as the second subdivision of Murder in the second degree. Its definition in the Penal Law is as follows: “A person is guilty of murder in the second degree when . . . Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another …

America’S Turning Point: Religious & Free Speech Rights Transcend The Authority Public School Districts Think They Possess, Robert L. Coleman

Touro Law Review

What is the first thing that comes to mind when thinking about the First Amendment? I would argue that most people either say “Religion” or “Free Speech.” Arguably two of the most important and humane values inherent in a functioning democratic society are safeguarded by the First Amendment. But are they? Imagine this situation. You and your spouse have a child and send him to the local public school. One day, he comes home and says that his fourth grade teacher instructed the class that each student must refer to classmates by the pronouns of that student’s choice. Your child …

The Forgotten Victims: A Case For Children’S Compensation Amidst Parental Wrongful Incarceration, Mackenzie Crabbe

Touro Law Review

Wrongful incarceration is a tragedy that occurs far more often than most would care to admit. However, it is not only the wrongfully convicted person who suffers from this phenomenon. Most innocent people who are incarcerated have a family who is then affected and suffers immensely. Many wrongfully incarcerated individuals have children who then grow up without their parents, or with a significant barrier hindering their relationship with their parents. Typically, incarceration, and the separation of families that comes along with it, is justified by the need to regulate crime and keep communities safe. How[1]ever, when innocent people are serving …

And The Oscar For Best “Original” Screenplay Goes To . . . Chatgpt: Does The Use Of Ai In Scriptwriting Devalue Hollywood Writers?, Harrison Stern

Touro Law Review

No abstract provided.