Digital Commons Network^™

Saving Grace On Feathered Wings: Homing Pigeons In The First World War, Brandon R. Katzung Hokanson

Student Publications

Soldiers of the First World War came in all shapes and sizes. The humble homing pigeon is one of the more unique and critical examples of such. They served in the armed forces of both the Allies and the Central Powers. Used as a last-ditch form of communication, the homing pigeons were exceptional in the work of sending messages back and forth between the battle lines. Little has been written about their vital role and even less in the rigorous training the birds and their handlers both endured. Understanding their training is critical to understanding how the homing pigeons performed …

Buprenorphine Physician Supply: Relationship With State-Level Prescription Opioid Mortality, Hannah K. Knudsen, Jennifer R. Havens, Michelle R. Lofwall, Jamie L. Studts, Sharon L. Walsh

Behavioral Science Faculty Publications

Background: Buprenorphine is an effective treatment for opioid use disorder but the supply of buprenorphine physicians is currently inadequate to address the nation’s prescription opioid crisis. Perception of need due to rising opioid overdose rates is one possible reason for physicians to adopt buprenorphine. This study examined associations between rates of growth in buprenorphine physicians and prescription opioid overdose mortality rates in US states.

Methods: The total buprenorphine physician supply and number of physicians approved to treat 100 patients (per 100,000 population) were measured from June 2013 to January 2016. States were divided into two groups: those with rates of …

The Annoying Constitution: Implications For The Allocation Of Interpretive Authority, Frederick Schauer

William & Mary Law Review

Constitutional constraints often restrict unwise or immoral official policies and actions, but also often invalidate laws and other official acts that are sound as a matter of both morality and policy. These second-order side constraints—or trumps—on even official acts that are sound as a matter of first-order policy reflect deeper or longerterm values, and they are central to understanding the very idea of constitutionalism. Moreover, once we see the Constitution as restricting not only the unsound and the unwise but also the sound and the wise, we can understand why expecting those whose sound ideas and policies are nevertheless unconstitutional …

Soft Supremacy, Corinna Barrett Lain

William & Mary Law Review

The debate over judicial supremacy has raged for more than a decade now, yet the conception of what it is we are arguing about remains grossly oversimplified and formalistic. My aim in this symposium contribution is to push the conversation in a more realistic direction; I want those who claim that judicial supremacy is antidemocratic to take on the concept as it actually exists. The stark truth is that judicial supremacy has remarkably little of the strength and hard edges that dominate the discourse in judicial supremacy debates. It is porous, contingent—soft. And the upshot of soft supremacy is this: …

Judicial Supremacy And Taking Conflicting Rights Seriously, Rebecca L. Brown

William & Mary Law Review

The best arguments in favor of judicial supremacy rely on its essential role of protecting rights in a democracy. The doctrinal technique of strict scrutiny, developed to do the work of judicial supremacy, has been an important tool in our constitutional jurisprudence in the service of rights protection. When the Supreme Court reviews laws that themselves seek to enhance or preserve constitutional rights, however, strict scrutiny does not provide the right approach. Rather, the Court should consider very carefully the rights claims in favor of the statute as well as those launched by a challenger. In such cases of conflicting …

In Defense Of Judicial Supremacy, Erwin Chemerinsky

William & Mary Law Review

“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interpreter of the Constitution and that we should deem its decisions as binding on the other branches and levels of government, until and unless constitutional amendment or subsequent decision overrules them. This is desirable because we want to have an authoritative interpreter of the Constitution and the Court is best suited to play this role. Under this view, doctrines which keep federal courts from enforcing constitutional provisions—such as denying standing for generalized grievances, the political question doctrine, and the state secrets doctrine—are misguided and should …

Much Ado About Nothing: Signing Statements, Vetoes, And Presidential Constitutional Interpretation, Keith E. Whittington

William & Mary Law Review

During the Bush presidency, presidential signing statements became briefly controversial. The controversy has faded, but the White House continues to issue statements when signing legislation. Those statements frequently point out constitutional difficulties in new statutes and sometimes warn that the executive branch will administer the statutes so as to avoid those constitutional difficulties. This Article argues that the criticisms of signing statements were mostly misguided. Signing statements as such present few problems and offer some benefits to the workings of the American political system. While there might be reason to object to the substantive constitutional positions adopted in any given …

From Plato To Nato. 2,500 Years Of Democracy And The End Of History, Despina Lalaki

Publications and Research

No abstract provided.

The Return Of The Unprovided-For Case, Michael S. Green

Faculty Publications

No abstract provided.

Book Review Of My Own Words, Leslie A. Street

Library Staff Publications

No abstract provided.

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

William & Mary Law Review

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …

Judicial Departmentalism: An Introduction, Kevin C. Walsh

William & Mary Law Review

This Article introduces the idea of judicial departmentalism and argues for its superiority to judicial supremacy. Judicial supremacy is the idea that the Constitution means for everybody what the Supreme Court says it means in deciding a case. Judicial departmentalism, by contrast, is the idea that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case. Within the judicial department, the law of judgments, the law of remedies, and the law of precedent combine to enable resolutions by the judicial department to achieve certain kinds of settlements. Judicial departmentalism holds that these …

Property As A Management Institution, Lynda L. Butler

Faculty Publications

No abstract provided.

Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol

Michigan Law Review

Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.

Contemporary Practice Of The United States Relating To International Law, April 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States Abstains on Security Council Resolution Criticizing Israeli Settlements • United States Sanctions Russian Individuals and Entities After Accusing Russian Government of Using Hacking to Interfere with U.S. Election Process; Congressional Committees and Intelligence and Law Enforcement Agencies Continue to Investigate President Trump’s Connections to Russian Officials • Second Circuit Overturns $655 Million Jury Verdict Against Palestine Liberation Organization and Palestinian Authority • New Legislation Seeks to Confirm Immunity of Artwork and Facilitate Cultural Exchange • United States Confronts China over Seizure of Unmanned Drone in the South China Sea • International Criminal Court Prosecutor …

Nina Braunwald: A Female Pioneer In Cardiac Surgery, Nikhil Sabharwal, Harmanjit Dev, Hassiba Smail, David C Mcgiffin, Pankaj Saxena

The Texas Heart Institute Journal

Nina Starr Braunwald, the first female cardiac surgeon, made headlines during a time when almost all specialty surgeons were men.

Women have typically been deterred from entering surgical specialties, in part because of their traditional dual burden of managing their households and careers. Instead, female medical students and junior doctors have tended to be more attracted to medical specialties. This was the reality during Dr. Braunwald's venture into medicine in 1949. However, she never allowed negative ideas to keep her from joining a surgical training program.

Under the mentorship of the prominent cardiac surgeons Charles Hufnagel and Andrew Morrow, Dr. …

Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Minority Health Disparities: The Case Of The American Indians, Lawrence M. Schell

Campus Conversations in Standish

In this presentation, Dr. Lawrence Schell talks about how globally, aboriginal populations have been in great decline, demographically and culturally. American Indians continue to be the poorest and the least healthy population within the borders of the United States. They are the most severe victims of health disparities in the US. Health disparities are preventable differences in the burden of disease, injury, violence, or opportunities to achieve optimal health that are experienced by socially disadvantaged populations (https://www.cdc.gov/healthyyouth/disparities/). Health disparities result from multiple factors, including poverty, environmental threats, inadequate access to health care, individual and behavioral factors, educational inequalities, …

Federal Reserve: Oversight And Disclosure Issues, Marc Labonte

Documents

CRS Report Prepared for Members and Committees of Congress

Cross–Cultural Approaches To Teaching And Learning, Halima Boukraa

Community of Scholars Day—Posters

The historical and current implications of language bias in the education system of the United States. From the Lau v. Nichols (1974) Supreme Court case to the misunderstanding of African American English, this is an issue that is necessary for the education system to evolve and to enable students to reach their full potential.

Refugees: Systemic Challenges And Personal Stories, Praveena Kandasmi, Kenna Tyrrell, Kellie Cahalane

Community of Scholars Day—Posters

At present, the refugee crisis has elicited varied reactions by individuals, communities, and nations. This poster aims to raise awareness on how a person gains refugee status and is granted resettlement into the United States, and debunk misconceptions about refugees. It also seeks to raise awareness about the diversity within refugee groups that live in the United States. The information presented is a combination of research from online sources, site visits, interviews with refugees, and work experience with refugee communities.

Immunotherapy Biomarkers 2016: Overcoming The Barriers., James L Gulley, Jay A Berzofsky, Marcus O Butler, Alessandra Cesano, Bernard A Fox, Sacha Gnjatic, Sylvia Janetzki, Shyam Kalavar, Vaios Karanikas, Samir N Khleif, Ilan Kirsch, Peter P Lee, Cristina Maccalli, Holden Maecker, Jeffrey Schlom, Barbara Seliger, Janet Siebert, David F Stroncek, Magdalena Thurin, Jianda Yuan, Lisa H Butterfield

Articles, Abstracts, and Reports

This report summarizes the symposium, 'Immunotherapy Biomarkers 2016: Overcoming the Barriers', which was held on April 1, 2016 at the National Institutes of Health in Bethesda, Maryland. The symposium, cosponsored by the Society for Immunotherapy of Cancer (SITC) and the National Cancer Institute (NCI), focused on emerging immunotherapy biomarkers, new technologies, current hurdles to further progress, and recommendations for advancing the field of biomarker development.

Frankenstein: The United States In Afghanistan During The 1980s And 1990s, Michael R. Szymanski

Journal of the Indiana Academy of the Social Sciences

For nearly the past quarter century, the United States has been involved in covert operations in a region of the world that most people could not locate on a map. Invisible wars being fought by the United States and other foreign intelligence agencies in Afghanistan sowed the seeds for the attacks on September 11, 2001. From the Soviet invasion in 1979 to the summer of 2001, intelligence agencies from around the globe have had a stake in supplying, training, and funding the very same people who carried out those terrible attacks. In the middle of this chaotic time period, Osama …

Neighborhood Socioeconomic Status And Health: A Longitudinal Analysis, Jennifer W. Robinette, Susan T. Charles, Tara L. Gruenewald

Psychology Faculty Articles and Research

Higher income neighborhoods are associated with better health, a relation observed in many cross-sectional studies. However, prior research focused on the prevalence of health conditions, and examining the incidence of new health conditions may provide stronger support for a potential causal role of neighborhoods on health. We used the 2004 and 2014 waves of the Midlife in the United States Study (n = 1726; ages 34–83) to examine health condition incidence as a function of neighborhood income. Among participants who had lived in the same neighborhood across the time period, we hypothesized that higher neighborhood income would be associated with …

Preemption As A Consistency Doctrine, Jesse Merriam

William & Mary Bill of Rights Journal

No abstract provided.

Federal Reserve Act, Section 14. Open-Market Operations, Federal Reserve System: Board Of Governors

Documents

No abstract provided.

Federal Reserve Act, Section 4. Federal Reserve Banks, Federal Reserve System: Board Of Governors

Documents

No abstract provided.

Hey Employer, Did You “Notice” My Text Message?, Melissa J. Shaffer

Louisiana Law Review

The article reports on the issues of Family Medical Leave Act (FMLA) in the U.S., and mentions federal laws focusing on the purpose of the 2009 revisions of the FMLA; ambiguous language of the FMLA notice provisions; and implications of the current laws on employers and employees.

Data-Driven Identification Of Potential Zika Virus Vectors, Michelle V. Evans, Tad Dallas, Barbara A. Han, Courtney C. Murdock, John M. Drake

Faculty Publications

Zika is an emerging virus whose rapid spread is of great public health concern. Knowledge about transmission remains incomplete, especially concerning potential transmission in geographic areas in which it has not yet been introduced. To identify unknown vectors of Zika, we developed a data-driven model linking vector species and the Zika virus via vector-virus trait combinations that confer a propensity toward associations in an ecological network connecting flaviviruses and their mosquito vectors. Our model predicts that thirty-five species may be able to transmit the virus, seven of which are found in the continental United States, including Culex quinquefasciatus and Cx. …

Brief Of The National Association Of Criminal Defense Lawyers, Et Al As Amici Curiae Supporting Petitioner, Mcwilliams V. Dunn (U.S. March 6, 2017) (No. 16-5294)., Janet Moore

Faculty Articles and Other Publications

We submit this brief to make three important points. First, Ake itself clearly and unambiguously held as a matter of due process that indigent capital defendants must be provided with independent expert assistance upon a reasonable showing of need. The Court was unanimous on this point and swept aside aging precedent that had held provision of neutral assistance was adequate.

Second, Ake was hardly a revolutionary decision. As the Court noted, many states already provided expert assistance. In the first six years after Ake, numerous states explicitly held independent expert assistance must be provided upon an adequate showing of need. …