Digital Commons Network^™

Secrets Of The Killing State: The Medical Professional Mandate, Corinna Barrett Lain

Law Faculty Publications

When New Jersey reinstated the death penalty in 1983, the state hadn’t conducted an execution in twenty years, so no one knew how to conduct an execution by lethal injection. Doctors at the state prison refused to participate, citing medical ethics that required them to “support life, not end it,” and that left prison officials thinking that they might have to conduct the executions themselves. “That is not an easy task for an amateur,” a reporter covering the quandary wrote. Unsure of what else do to, officials called upon Fred Leuchter, an engineer who had worked with a number of …

Living The Good Life In The Anthropocene, Danielle Stokes

Law Faculty Publications

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between “safe” and “just” planetary boundaries raises questions regarding how to conceptualize the “good life.” In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the “good” as well as the various elements necessary to …

A Civil Rights Defense Of Gentrification, Carol N. Brown

Law Faculty Publications

Scholars across disciplines such as sociology, economics, and urban planning are writing about gentrification. The literature and beliefs surrounding gentrification are very diverse, but what often connects the various views is a negative perception that gentrification always disadvantages and displaces low-income minority residents, physically or culturally. But the connotations of race and class associated with gentrification in the minds of many do not align with the empirical research and scholarly findings. Thus far in law, there is no thick legal account of gentrification and its legal or policy implications. Much of the legal writing is predicated upon an inaccurate conception …

Adapting To Change: Navigating The Evolving Role Of Electronic Resources Librarians, Sam Cabo

Law Faculty Publications

The growing number and intricacy of online services, in addition to dwindling formats like CD-ROMs and print, are ushering in new expectations and opportunities for electronic resources librarians (ERLs). From developing data analysis and management strategies, to automating tasks, managing modern authentication workflows, and navigating the nascent landscape of generative artificial intelligence (AI), ERLs are wearing many hats as they adapt quickly to shifts in technology and the needs of their institutions. In November 2024, the authors conducted an informal survey (which generated 51 responses) of American Association of Law Libraries (AALL) members via several My Communities groups. The authors …

Integrating Academic Success, Krishnee Coley, Laura A. Webb

Law Faculty Publications

Over the past few years, Richmond Law has taken several intentional steps to address one of ASP’s perennial challenges: the students who most need help may not be the ones who find their way to optional ASP sessions. By integrating academic success into orientation programs and collaborating with doctrinal professors, we’ve succeeded in reaching all our 1L students despite the lack of a mandatory 1L ASP course.

The Role Of Tradition In Classical And Contemporary Argument, Laura A. Webb

Law Faculty Publications

Integrating tradition in legal arguments remains an effective persuasive strategy, serving as a source of legitimacy and appeal, fostering the establishment of a shared identity between the speaker and the audience, and cultivating a sense of belonging to a distinct group with defined notions of its identity. This chapter examines the strategic utilization of the concept of tradition in forensic rhetoric. It investigates how communicators shape and influence discourse within forensic settings by leveraging enduring cultural norms, purported intentions and beliefs of esteemed historical figures, and narratives concerning a people's historical trajectory. By examining cases from the popular courts of …

Self-Compassion And Law Student Professional Identity Formation, Janice Craft

Law Faculty Publications

The American Bar Association’s Standards for Legal Education and Admissions to the Bar require law schools to provide students with “substantial opportunities” for “[t]he development of a professional identity.” The Standards do not require a particular curriculum or mode of instruction but offer two guideposts for legal educators: one, that “professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society,” and two, that professional formation “should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice.” The guidance and concomitant …

Trust Law And The Tides Of Colonialism, Allison Anna Tait

Law Faculty Publications

Tethered to and inextricably linked with the absence or decline of democratic governance, there has always been empire. Empires rise and fall, as they say, but the imperial impulse is perennial and new iterations of old empires emerge with dismal regularity, showing us that imperial formations are hard to erase...

The Masterplot Of The Market, Allison Anna Tait, Luke P. Norris

Law Faculty Publications

Stories about the family, work, and the market circulate in law, legal discourse, and beyond. The family, we are told by numerous authorities, is a non-market site, centred on emotional attachment rather than economic transaction. It is a site of interpersonal care, growth, and nurturance that acts as a counter to the excesses of an unbridled marketplace. The market, in contrast, is a site where autonomous beings contract, pursuing their interests efficiently and maximising wealth. This is one masterplot of the market, which, as it operates in the United States, constructs certain household members outside of the market and constructs …

Reputation Reconsidered, James Gibson

Law Faculty Publications

Reputation has a great reputation. We know this because the law values, venerates, and subsidizes reputation in many ways. Contract law relies on it as a means of disciplining the market without the need for intrusive regulation. Defamation law lets individuals and businesses seek relief when their reputations are sullied. Trademark law grants exclusive rights in order to encourage rightsholders to invest in their reputations. In these fields and others, the law views reputation as an important, socially positive good.

This faith in the integrity and value of reputation is unwarranted. Our impression of any given business is subject to …

Minor V. Happersett, Dobbs V. Jackson Women's Health Organization, And The Supreme Court's Refusal To Reconstruct America, Henry L. Chambers Jr.

Law Faculty Publications

One hundred and fifty years ago, in the wake of the ratification of the Reconstruction Amendments, the United States Supreme Court decided Minor v. Happersett. In Minor, the Court ruled Missouri could continue to deny women the right to vote based on their sex. The decision was simply reasoned. In the absence of clear constitutional text requiring Missouri to provide the right to vote to women or proof that the right to vote was a right of citizenship, Missouri had no obligation to allow women to vote. Some states had banned women citizens from voting since the country’s founding. Missouri …

Anti-Democratic Rights Of Nature, Noah M. Sachs

Law Faculty Publications

The global Rights of Nature (RoN) movement, which seeks to confer enforceable rights on organisms and ecosystems, has become a political force, and governments are now codifying legal rights for nature in legislation. But policymakers and legal scholars are overlooking how assertions of vague rights held by a limitless class of non-humans could lead to repressive, anti-democratic outcomes. Many scholars view recognition of nature’s rights as an expansion of the boundaries of democracy, but a critical examination of RoN scholarship and advocacy shows that RoN principles are designed to check and constrain democratic institutions. Core tenets of the RoN movement …

Qualified Immunity & Subjective Knowledge, John F. Preis

Law Faculty Publications

There is something weird going on within the doctrine of qualified immunity. The Supreme Court and lower courts routinely claim that officers who “knowingly violate the law” are not entitled to qualified immunity, but then—in almost the same breath—assert that an officer’s knowledge of the law is irrelevant to the qualified immunity analysis. What is even more strange is that these two opposing views can apparently be traced to the foundational case in the field: Harlow v. Fitzgerald.

This Article explores and proposes a resolution to this apparent contradiction. Beginning with Harlow itself, the Article explores the case using the …

Office Intent And Excessive Force, John F. Preis

Law Faculty Publications

In the mayhem that often accompanies a police officer’s use of force, all manner of mistakes and miscalculations can occur. Suspects are accidentally shot, innocent bystanders are bitten by police dogs, and hostages are killed instead of their kidnappers. To what degree may persons harmed by police mistakes obtain relief through excessive force claims?

At present, the answer to this question is surprisingly uncertain. It is clear that an excessive force claim requires that an officer intend to seize the suspect, but it is far less clear whether the officer must also intend the nature and extent of force used …

Minimal Justiciability, Riley T. Keenan

Law Faculty Publications

Federal courts adjudicate only justiciable disputes. But justiciable as to whom? The Supreme Court has hinted at an answer, holding that at least one plaintiff must show standing for each remedy sought in a federal case. But it has never explained this “one-plaintiff rule,” and recently some scholars have criticized it, arguing that Article III instead requires each plaintiff to show standing in every federal case.

This Article offers the missing explanation. Justiciability limits judicial power, it contends, and judicial relief is the constitutionally relevant expression of that power. Thus, Article III requires only one plaintiff with standing and a …

The Beleaguered Sovereign: Judicial Restraints On Public Enforcement, Luke P. Norris, Helen Hershkoff

Law Faculty Publications

Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning of the regulatory state. Well-acknowledged in this story are Supreme Court decisions that have constrained administrative agencies under the newly minted “major questions” doctrine, as well as the Court’s blockbuster decision overruling the longstanding Chevron doctrine. The Court also has made it increasingly difficult for individuals—often workers and consumers, people of color, women, and those who live from paycheck to paycheck—to seek federal judicial redress for regulatory violations as private enforcers. And the Court has questioned whether certain private …

Renewable Energy Federalism 2.0, Danielle Stokes

Law Faculty Publications

Much like climate change, the clean energy transition presents a “super wicked” problem that is further complicated by prioritizing justice. History has taught us that government regulation, industry innovation, and community engagement are the catalysts of effective transitions. Similarly, the just energy transition requires the support of these interconnected networks. This Essay offers sustainable collaborative governance as a theoretical framework through which decision-makers may filter their assessments, industry can model its metrics, and community can develop language to articulate its needs. Sustainable collaborative governance is also a means of navigating the complexities of renewable energy siting and regulation while fostering …

Patents Used In Patent Office Rejections As Indicators Of Value, Christopher A. Cotropia, David L. Schwartz

Law Faculty Publications

This paper introduces a novel approach to measure a patent's economic value by examining whether the patent's disclosure leads to rejection of another pending US patent application. This approach considers the use of the patent by the US Patent and Trademark Office (USPTO) in office action rejections on the grounds of novelty or obviousness, as well as its citation as an X or Y reference in a European Patent Office (EPO) search report, which provides analogous information. Unlike conventional citation metrics widely employed by economists, the novel metric is arguably more closely tied to private value, as it is centered …

Double Atrial Septum With Interatrial Space In Patients Experiencing Ischemic Attack, Blerim Berisha, Fadhel Hamidani, Mathias Humm

The Texas Heart Institute Journal

No abstract provided.

Platypnea-Orthodeoxia And Patent Foramen Ovale In A Patient In The Setting Of Covid-19, Laura Sarmiento, Riyad Kherallah, Guilherme Vianna Silva

The Texas Heart Institute Journal

Platypnea-orthodeoxia syndrome is a rare condition characterized by positional dyspnea and hypoxemia, with symptoms presenting in the upright position and improving when recumbent. Hypoxemia in platypnea-orthodeoxia syndrome is defined as a drop in Pao

Lyme Carditis And Inflammation-Driven Plaque Erosion Presenting As Sudden Cardiac Arrest, Marco Kaldas, Moneal Shah, Diana Pashaieva, Georgios Lygouris, Anita Radhakrishnan

The Texas Heart Institute Journal

Lyme carditis represents a rare cardiac complication of Borrelia burgdorferi infection, often causing conduction disturbances but rarely causing malignant arrhythmias. Inflammatory acute coronary syndrome, driven by immune-mediated plaque erosion rather than rupture, represents a nontraditional ischemic mechanism. This case highlights their overlap. The case of a previously healthy man with Lyme disease who experienced cardiac arrest because of ventricular tachycardia is reported. Imaging showed myocardial inflammation together with coronary plaque erosion instead of plaque rupture. The patient underwent advanced diagnostic testing and received multidisciplinary medical care, which led to complete cardiac recovery and implantable cardioverter-defibrillator placement.

Shaping The Future Of "Cardio-Kidney-Metabolic" Health: Insights From The Texas Heart Institute's 2024 Cardiometabolic Syndrome Conference, Arjun Raghuram, Keri Sprung, Stephanie Coulter, Joseph G Rogers

The Texas Heart Institute Journal

At the Texas Heart Institute's 2024 Cardiometabolic Syndrome Conference, held on August 23, 2024, experts from diverse academic fields spoke about novel initiatives for addressing the worsening projections for cardiometabolic syndrome. Four major areas in which innovation is ongoing were highlighted: technology, policy, population health, and lifestyle and behavioral modification. This article presents a brief contextualization, summary, and analysis of the novel initiatives being implemented in each of these 4 areas to address cardiometabolic syndrome. Despite alarming projections, cardiometabolic syndrome presents a unique opportunity for innovators to drive change through collaborative, multidisciplinary efforts.

Sequelae And Surgical Management Of Giant Cardiac Myxoma, Norvin Hernandez, Michael Dileo, Christopher K Wong, Mahboob Alam

The Texas Heart Institute Journal

Cardiac myxomas are a rare phenomenon within the general population, and although there are reports of them, giant myxomas are not common in the medical literature. This report presents a case of a giant left atrial cardiac myxoma in a 57-year-old female patient who was largely asymptomatic until she presented with a diffuse thromboembolic stroke. This case report highlights the importance of surgical management of cardiac myxomas and discusses the difference in open vs minimally invasive surgical resection of giant cardiac myxomas.

Clinician Attitudes Toward Palliative Care To Enhance The Quality Of Life For Patients With Sickle Cell Disease, Eberechi Nwogu-Onyemkpa, Amber B Amspoker, Nimrah Saleem, Aanand D Naik, Elizabeth Kvale, Ifeyinwa Osunkwo

Faculty, Staff and Student Publications

Objectives: Palliative care (PC) is rare for patients with sickle cell disease (SCD). This study evaluated clinician attitudes toward PC for SCD.

Methods: A cross-sectional survey was conducted between October 2022 and February 2023. Clinicians were recruited from institutions across the United States.

Results: Eighty-six participants completed the survey. Most were physicians (90%), female (72%), had >10 years of experience (63%), and lacked prior PC training (57%). Most participants agreed (83%) that patients with SCD would benefit from PC, disagreed (99%) that PC is only for dying patients, and expressed interest (91%) in learning about PC interventions. Clinicians with prior …

Digital Otoscopy With Computer-Aided Composite Image Generation: Impact On The Correct Diagnosis, Confidence, And Time, Seda Camalan, Carl D Langefeld, Amy Zinnia, Brigham Mckee, Matthew L Carlson, Nicholas L Deep, Michael S Harris, Taha A Jan, Vivian F Kaul, Nathan R Lindquist, Jameson K Mattingly, Jay Shah, Kevin Y Zhan, Metin N Gurcan, Aaron C Moberly

Faculty, Staff and Student Publications

Objective: This study investigated the comparative performance of ear, nose, and throat (ENT) physicians in correctly detecting ear abnormalities when reviewing digital otoscopy imaging using 3 different visualization methods, including computer-assisted composite images called "SelectStitch," single video frame "Still" images, and video clips. The study also explored clinicians' diagnostic confidence levels and the time to make a diagnosis.

Study design: Clinician diagnostic reader study.

Setting: Online diagnostic survey of ENT physicians.

Methods: Nine ENT physicians reviewed digital otoscopy examinations from 86 ears with various diagnoses (normal, perforation, retraction, middle ear effusion, tympanosclerosis). Otoscopy examinations used artificial-intelligence (AI)-based computer-aided composite image …

Ethical Considerations For Teaching With Artificial Intelligence: A Scoping Review In Medical Education Settings, Amani Itani, Susie L Gronseth, Salma Musaad, Thuy Nguyen, Yiming Mirabile, Bettina M Beech

Children’s Nutrition Research Center Staff Publications

In the evolving realm of medical education, where artificial intelligence (AI) technologies play an increasingly pivotal role, embedding AI ethics within educational frameworks has become crucial. This scoping review explores the breadth of literature concerning ethical considerations for teaching with AI in medical education settings. Following the Preferred Reporting Items for Systematic Reviews and Meta-analyses extension for Scoping Reviews (PRISMA-ScR) guidelines, the team analyzed 82 peer-reviewed English-language articles published between 2018 and October 2023, sourced from PubMed, Embase, and Web of Science. The review presents insights into the geographic distribution of studies, publication trends, article types, common keywords, areas of …

Overview Of The Head And Neck Tumor Segmentation For Magnetic Resonance Guided Applications (Hnts-Mrg) 2024 Challenge, Kareem A Wahid, Cem Dede, Dina M El-Habashy, Serageldin Kamel, Michael K Rooney, Yomna Khamis, Moamen R A Abdelaal, Sara Ahmed, Kelsey L Corrigan, Enoch Chang, Stephanie O Dudzinski, Travis C Salzillo, Brigid A Mcdonald, Samuel L Mulder, Lucas Mccullum, Qusai Alakayleh, Carlos Sjogreen, Renjie He, Abdallah S R Mohamed, Stephen Y Lai, John P Christodouleas, Andrew J Schaefer, Mohamed A Naser, Clifton D Fuller

Faculty, Staff and Student Publications

Magnetic resonance (MR)-guided radiation therapy (RT) is enhancing head and neck cancer (HNC) treatment through superior soft tissue contrast and longitudinal imaging capabilities. However, manual tumor segmentation remains a significant challenge, spurring interest in artificial intelligence (AI)-driven automation. To accelerate innovation in this field, we present the Head and Neck Tumor Segmentation for MR-Guided Applications (HNTS-MRG) 2024 Challenge, a satellite event of the 27th International Conference on Medical Image Computing and Computer Assisted Intervention. This challenge addresses the scarcity of large, publicly available AI-ready adaptive RT datasets in HNC and explores the potential of incorporating multi-timepoint data to enhance RT …

Projectile Points Of New Mexico: 13,000 Years Of Technological Innovation, Bradley J. Vierra

Anthropology: Faculty Book Gallery

For the first time, New Mexico has a volume dedicated to all projectile point types dating from the Paleoindian through Historic period. Filled with historical details, measurements, defining attributes, age estimates, interpretations, references, and images, Projectile Points of New Mexico: 13,000 Years of Technological Innovation edited by Dr. Bradley J. Vierra and with many contributing authors and supporters, is graciously offered here courtesy of the New Mexico Bureau of Land Management, who provided the grant for production costs, New Mexico State University, who was responsible for the contract, and Statistical Research, Inc., who produced the volume. There …

The Three Lives Of Mamengwaa: Toward An Indigenous Canon Of Construction, Matthew L.M. Fletcher

Articles

For too long, tribal judiciaries have been an afterthought in the story of tribal selfdetermination. Until the last half-century, many tribal nations relied on federally administered courts or had no court systems at all. As tribal nations continue to develop their law-enforcement and police powers, tribal justice systems now play a critical role in tribal self-determination. But because tribal codes and constitutions tend to borrow extensively from federal and state law, tribal judges find themselves forced to apply and enforce laws that are poor cultural fits for Indian communities—an unfortunate reality that hampers tribal judges’ ability to regulate and improve …

The New Substantive Due Process, Leah M. Litman

Articles

After the Supreme Court overruled Roe v. Wade, commentators made much about the possible demise of substantive due process—the idea that the Constitution safeguards certain substantive liberties that are not specifically or explicitly spelled out in the Constitution. Judges and scholars are debating which substantive due process decisions are next on the chopping block and whether the entire domain of substantive due process is in jeopardy. But a curious thing happened as the Court scaled back and openly questioned the traditional individual-rights line of substantive due process: Rather than eliminating it entirely, the Court seems to have transposed it elsewhere. …