Digital Commons Network^™

A Scope For Survival: Creating A Path For The Pregnant Workers Fairness Act Under A Conservative Administration And Supreme Court Bench, Emily Easton

Lewis & Clark Law Review

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, representing a bipartisan congressional effort to fill the gaps in workplace protections afforded to pregnant workers. However, the Equal Employment Opportunity Commission’s (EEOC) final rules interpreting the PWFA have generated significant legal and political controversy—especially around the broad interpretation of the definition of related medical conditions to include lactation, “elective” abortions, menstruation, infertility, and contraception.

Given the current political and legal climate presented by a conservative federal administration and Supreme Court bench, this Note proposes a pragmatic …

Anything For Views Parenting, Bahar Tarighi

Lewis & Clark Law Review

Children who appear in monetized family vlogs are the product. Without them, the content would not exist, and the revenue would not follow. Yet unlike child actors in traditional entertainment, these children receive no guaranteed wages, no mandated trust accounts, and no right to control the digital record created in their name. This gap is a product of a legal framework that has simply not kept pace: the Fair Labor Standards Act, enacted in 1938, expressly exempted child performers from its protections, and neither Congress nor the majority of states have updated their child labor frameworks to account for the …

The Sec And Climate Litigation, Lisa Benjamin

Lewis & Clark Law Review

The controversy surrounding the SEC’s climate-related financial disclosure rule continues. This Essay updates my previous work on this issue, where I identified two opportunities and two obstacles to the SEC promulgating final rules on climate-related financial risk disclosures. The two opportunities were a shifting political landscape under the then-Biden Administration (which took a whole-of-government approach to addressing the climate crisis) and rising investor concern over the risks that climate change posed to their investments. The two obstacles I identified were business resistance to disclosure rules, and rising judicial hostility to the SEC. Today, the political landscape has shifted dramatically and …

A Strategic Approach To “E”Sg Reporting, Taylor Nchako

Lewis & Clark Law Review

Environmental, Social, and Governance (ESG) factors have emerged as an important investment tool for the financial sector to address climate change. While the federal government has abandoned ESG disclosure, U.S. firms still face reporting obligations domestically and abroad. States across the country have proposed or passed two types of disclosure laws: greenhouse gas emissions disclosure and climate risk disclosure. These state-level efforts mirror actions in the European Union, Canada, and other jurisdictions in which U.S. firms operate.

As ESG disclosure standards are adopted in jurisdictions around the world, these standards are undergoing various advancements, reductions, and contestations. These shifts in …

Never Cool Enough: Legal And Policy Challenges To Keeping Data Centers And Communities Empowered In A Warming World, Cristina M. Banahan, Diana B. Wilkinson

Lewis & Clark Law Review

In a rapidly evolving world, artificial intelligence (AI) and cryptocurrency are two technologies at the forefront of the future. Although these developments promise many potential societal benefits and revenue, they come with a price. The data processing required to operate these new technologies demands a large amount of energy, using water to cool the systems and enable them to run without overheating. With such high water and energy demands, the benefits from these technological advancements come at a steep environmental cost. Despite the negative environmental impacts of these data centers, the Trump Administration continues to roll back environmental protections. The …

From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne

Lewis & Clark Law Review

Corporate climate litigation has emerged as one of the most dynamic and high-profile tools for addressing the private sector’s role in the climate crisis. While much of the scholarship and public debate has centered on cases in the United States and Europe, litigation targeting corporations in the Global South—particularly Brazil—has grown rapidly, both in volume and significance. Brazil now ranks among the world’s top jurisdictions for corporate climate damage claims. These suits have pioneered methods for quantifying climate damages, often from illegal deforestation, and have tested the reach of the civil liability regime in novel ways. This Article offers the …

Corporate Climate Litigation In Europe: Scaffolding From State Obligations And The Rise Of Polluter-Pays, Joana Setzer, Nina Koistinen, Catherine Higham, Lucas Biasetton

Lewis & Clark Law Review

Over the last decade, Europe has been the crucible of path-defining climate cases. Across the region, courts have been asked to define the limits of public and private responsibility. This Essay argues that corporate climate litigation in Europe has developed along two intersecting trajectories that together define an emerging framework of climate accountability. The first extends public-law standards to corporations, translating human rights and carbon-budget principles into private-law duties of care, due diligence, and disclosure that reach across entire value chains. The second trajectory sees the emergence of polluter-pays litigation, which seeks to proportionate damages and adaptation costs from major …

Regulated Victimization: The Rise Of Human Trafficking Within The Oregon Massage Industry, Hannah Beaulieu

Lewis & Clark Law Review

Illicit massage businesses are massage spas that appear to operate as legitimate businesses but facilitate commercial sex acts behind closed doors. Recent law enforcement investigations in Oregon have revealed that some illicit massage businesses have facilitated the human trafficking of multiple victims. The illicit massage industry has steadily grown across the country but has especially boomed in recent years in Oregon. This Note investigates how the illicit massage industry has evolved to be so prevalent in our communities and what factors have contributed to the growth. It goes on to recommend ways to protect victims, to prevent further harm, and …

Quo Warranto In The Aftermath Of Loper Bright, Dennis Hall

Lewis & Clark Law Review

In 2024, the Supreme Court did away with Chevron deference in Loper Bright Enterprises v. Raimondo. One previously undiscussed consequence of this decision is how it opens the door to a broader use of quo warranto corporate charter revocation. Quo warranto is a legal remedy held by the states that has fallen into relative obscurity, but it has the power to regulate large corporations that have strayed from the bounds of acceptable activity. This Comment examines the history of corporations and corporate oversight regulation in the United States, as well as the history of quo warranto as a remedy. Additionally, …

"Activist" Versus "Passive" Investors: A Closer Look At Proxy Contests And The Contemporary Balance Of Advantage, John C. Coffee Jr.

Faculty Scholarship

The era of the hostile takeover has clearly given way to the era of the proxy contest led by an activist hedge fund. Today, a record number of such contests are underway, and they have changed the board composition at many U.S. companies and caused a record number of CEO resignations. But there is a mystery here: when activist funds negotiate for changes with target managements, they often obtain meaningful changes in the board of directors and corporate policies. However, when activists attempt a proxy contest, they have generally been unsuccessful, winning only a small number of seats in a …

Slaughter, The Symmetry Rule, And What The Decision Of 1789 Actually Decided, Jane Manners, Lev Menand

Faculty Scholarship

During oral argument in Slaughter last month, Solicitor General John Sauer argued that there were three textual sources for an illimitable presidential removal power: the Vesting Clause, the Take Care Clause, and the Appointments Clause. Why the Appointments Clause? Because, he explained, “the power to remove flows to the power to appoint.” According to Sauer, a run of nineteenth century cases, including Ex Parte Hennen, supports this proposition.

Sauer’s contention is not new: Chief Justice Taft in Myers v. U.S. also claimed that in the First Congress, “the express recognition of the power of appointment in [Article II] enforced this …

A Case Of Acquired Amusia And Misophonia Following Right Temporal Resection, Emily R. Dappen, Joel I. Berger, Amy M. Belfi, Joel Bruss, Timothy D. Griffiths, Alexander J. Billig, Ariane E. Rhone, Kirill V. Nourski, Daniel Tranel, Brian J. Dlouhy

Psychological Science Faculty Research & Creative Works

Background: Our perception of the auditory world allows us to enjoy the richness of music and communicate effectively with others. These everyday processes are disrupted in conditions such as amusia, an inability to perceive music accurately, and misophonia, an intense emotional reaction to common sounds produced by others. We describe a case of acquired, concurrent amusia and misophonia in a 21-year-old right-handed woman following a right posterior insula, posterior temporal, supramarginal cortex, and sensory cortex resection for the treatment of drug-resistant epilepsy. Methods: The patient participated in interviews between 4–8 months post-resection. She completed an extensive testing battery designed to …

Character Judgements Of Rap Music Fans, Kaila C. Putter, Dan J. Miller, Amy M. Belfi, James Rees, Amanda E. Krause

Psychological Science Faculty Research & Creative Works

Extending Fischoff, we used vignettes to examine people's perceptions of a hypothetical rap fan accused of murder. Study 1 (N = 300) used a 2 (murder accusation) x 2 (inclusion of rap lyrics) x 2 (fan gender) experiment, asking participants to judge how capable of murder and sexually aggressive they found the fan. The presentation of lyrics and murder accusation were associated with the fan being more capable of murder, while rap lyrics and participants' rap attitudes were associated with the fan being more sexually aggressive. Thematic analysis revealed that, in conditions containing both the lyrics and the murder accusation, …

A New Playbook: The Future Of Collegiate Athletic Unionization In The Modern Administrative Era, Katherine Kennedy

Fordham Urban Law Journal

No abstract provided.

Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo

Fordham Urban Law Journal

No abstract provided.

Federalism And Fair Housing: State Innovation Amidst Federal Retrenchment, Paula A. Franzese

Fordham Urban Law Journal

No abstract provided.

From Border-Based To Status-Based Mandatory Immigration Detention, Mary Holper

Fordham Urban Law Journal

No abstract provided.

A Case For Rule 413 And Evidentiary Rule-Bending In Sexual Assault Cases, Emily Gwydir

Fordham Urban Law Journal

No abstract provided.

The Psychology Of Deception: Rethinking The Excited Utterance Exception For 911 Calls, Alexandra Spano

Fordham Urban Law Journal

No abstract provided.

Procedural Gamesmanship: How The Irs Avoids Merits Review In Cdp And Deficiency Litigation, Katelin Snyder Guregian

Fordham Urban Law Journal

No abstract provided.

Helpful Technology Tools, Niki Elliott Ph.D., Sylvia Mac

Inclusion in Postsecondary Education

No abstract provided.

Guide To Life After High School For Neurodiverse Students, Niki Elliott Ph.D., Sylvia Mac

Inclusion in Postsecondary Education

Many neurodiverse students arrive at the next chapter of their lives carrying more information about what is difficult for them than what makes them extraordinary. This guide is about knowing your brain deeply, understanding what you need, and building a life after high school that actually works for you. Whether you are heading to a four-year university, a community college, a trade or vocational program, or a certification pathway, your neurotype is an asset. This is your opportunity to design a life around your strengths.

Guide For Parents Of Neurodiverse Students Entering Life After High School, Niki Elliott Ph.D., Sylvia Mac

Inclusion in Postsecondary Education

Sending your student into the next chapter is a big moment, for them and for you. This guide gives you the practical information you need: what changes legally and structurally once your student turns 18, how the accommodation process works in postsecondary settings, what you can do now to set your student up for success, and how to stay genuinely connected and supportive through the transition. Whether your student is heading to a four-year university, a community college, a trade or vocational program, or a certification pathway, the information here applies.

Guide To Matching Accommodations To Support Neurotypes, Niki Elliott Ph.D., Sylvia Mac

Inclusion in Postsecondary Education

Understanding which accommodations match your specific neurotype is one of the most powerful tools you have. This guide helps you connect each area of executive functioning to the accommodations you can ask for and the strategies and tools you can use yourself.

Tick Lipocalin Triggers Mammalian Igfbp-3-Mediated Apoptosis In Macrophages And Keratinocytes, Krittika Nandy, P. P. Mahesh, Lichao Liu, Daniel E. Sonenshine, Hameeda Sultana, Girish Neelakanta

Biological Sciences Faculty Publications

Ticks secrete several molecules, including lipocalins, in their saliva during blood feeding on a vertebrate host. In this study, we provide novel evidence on the role of Ornithodoros turicata americanus tick lipocalin (Otlip) in modulating cytokine expression and in triggering apoptosis in mammalian macrophages and keratinocytes. The cytokine array analysis revealed significantly increased secretion of insulin-like growth factor-binding protein 3 (IGFBP3) from murine macrophage cell line upon treatment with recombinant Otlip protein (rGST-Otlip) when compared to the secretion noted from cells treated with a control protein (rGST). Similar observation with cytokine protein array analysis was noted when murine macrophages were …

Microarray Analysis Of Human Abdominal Aortic Aneurysm With Emphasis On Cardiovascular Genes Revealed Differentially Expressed Genes, Song Lu, Li Ping Li, John V. White, Xiaoying Zhang, Ifeyinwa Nwaneshiudu, Adaobi Nwaneshiudu, Nectaria Ntaoula, John Gaughan, Dimitri S. Monos, Wan-Lu Lin, Charalambos C. Solomides, Emilia L. Oleszak, Chris D. Platsoucas

Biological Sciences Faculty Publications

Background/Aim: We examined gene expression profiles in abdominal aortic aneurysm (AAA) lesions vs. normal aortas by cDNA microarray and real-time quantitative reverse-transcriptase polymerase chain reaction (qRT-PCR).

Materials and Methods: Phosphorus (32P)-labeled cDNA from AAA specimens (mean AAA size 6.65 cm) and normal aortas were hybridized with a 588-gene microarray primarily of the cardiovascular system. The results were validated by qRT-PCR.

Results: A total of 35 out of the 588 genes were differentially expressed, with either log2 ratio of AAAs/controls ≥1 (upregulated; 20 genes) or ≤−1 (downregulated; 15 genes) in AAA lesions vs. normal aorta, and 25 of these were significantly …

Evaluating Species At Risk In Data-Limited Fisheries: A Productivity-Susceptibility Analysis For Marine Aquarium Fish, Gabrielle A. Baillargeon, Alice A. Wynn, Jemelyn Grace P. Baldisimo, Michael F. Tlusty, Andrew L. Rhyne

Biological Sciences Faculty Publications

The marine aquarium trade (MAT) is a significant global industry harvesting millions of wild-caught, live coral reef fishes for public and private aquaria markets in the United States and Europe annually, while supporting fisher livelihoods in the Indo-Pacific. This diverse and species-rich trade is considered data-limited, creating barriers to quantifying the current and future socio-ecological sustainability of the fishery. We present a revised and expanded productivity–susceptibility analysis (PSA) that serves as a holistic risk assessment to estimate the vulnerability of marine aquarium fish to overfishing. Our global analysis includes 306 species that are actively in trade. Improvements to the PSA …

Differential Growth Dynamics Of Common Salt Marsh Species Spartina Alterniflora And Juncus Roemerianus Under Varied Sediment Amendments, Caitlin Hemphill, Richard P. Hale, Erik S. Yando

Biological Sciences Faculty Publications

Introduction

Many coastal wetlands are at high risk of degradation or loss due to sea‐level rise. Restoration techniques for maintaining coastal marshes are paramount, with thin‐layer placement (TLP) emerging as one feasible solution. Despite TLP's utilization, additional research is needed on species‐ and sediment‐specific responses.

Objectives

Our research combines greenhouse and field experimentation to test species and sediment composition responses aimed at maximizing vegetation while maintaining increased elevation.

Methods

The greenhouse experiment used two common marsh plants, Spartina alterniflora and Juncus roemarianus. Five centimeters of sediment (mud, sand, and sand/mud mix) was added, and subsequent sediment and vegetation metrics …

Challenging And Diagnosing Structured Population Models By Testing Predictions From Stochastic Demography, Stephen P. Ellner, Robin E. Snyder, Daniel T. Blumstein, Dylan Z. Childs, Joshua C. Fowler, Christina M. Hernández, Julien G. A. Martin, María Paniw, Yngvild Vindenes

Biological Sciences Faculty Publications

1. Structured population models are parameterized to accurately project expected population sizes, stage/state distributions and population growth rates, but they also predict the variation in outcomes among individuals, such as the variance and skewness of lifetime reproductive output (LRO) and lifespan, the probability of never reproducing, and many other life-history metrics.

2. Testing such predictions about individual outcomes can be very useful model 'stress tests', because they depend on how components of the model (e.g. submodels for survival and fecundity) interact over multiple time steps, not just on the accuracy of the submodels. Because data on among-individual variation is rarely …

Herbivore Identity And Species Richness Shape Fruit Chemical And Quality Responses To Foliar Herbivory, Xavier Ozowara, Taylor M. Sloey, Susan R. Whitehead

Biological Sciences Faculty Publications

The cascading consequences of foliar herbivory on fruit chemistry and quality remain relatively underexplored, with most existing studies focusing on the effects of only one or two attackers. In this study, we examine how increasing herbivore species richness during foliar herbivory alters strawberry (Fragaria × ananassa Duch) fruit quality and phenolic chemistry. We conducted a greenhouse experiment with single species feeding and different combinations of feeding by three generalist lepidopteran species: Spodoptera frugiperda, Heliothis virescens, Helicoverpa zea. Species fed on leaves for 72 h as fruits ripened, and fully ripe fruits were harvested 72 h after …