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Steven Wallace Hart, Appellant, V. State Of Utah, Appellee.: Appellant’S Opening Brief

Utah Appeals Court Briefs

On appeal from a conviction of two counts of dealing in material harmful to a minor, a third -degree felony, in the Fourth Judicial District Court, Utah County, the Honorable Roger W. Griffin presiding

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Appellant’S Reply Brief

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau Defendant / Appellant.: Appellant’S Opening Brief

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding

State Of Utah, Plaintiff / Appellee, V. Tianikumi Finau, Defendant / Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for three counts of forcible sexual abuse and one count of tampering with a witness, all second- degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James Gardner presiding

Colonial Experiences And Contemporary Laws, Yun-Chien Chang, Adam Chilton, Nuno Garoupa, Mila Versteeg

Coase-Sandor Institute for Law & Economics Research Paper Series

Although research suggests that countries’ colonial experiences are associated with a range of contemporary outcomes, the link between colonial experiences and the substance of countries’ laws remains unclear. We explore this question while making four improvements over past research. First, we use more detailed data on both countries’ colonial experiences and contemporary substantive laws. Second, we directly assess whether countries’ shared legal origins—that is, whether they had a common law or civil law system—or their colonial origins—that is, which country had previously colonized them—are more associated with differences in their contemporary laws. Third, we use a research design that makes …

Lessons From Mediation In United States Chapter 11 Cases, Anthony Casey

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Deconstructing The Senior Creditor, Anthony Casey, Andrew Verstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Disfavored Supreme Court Precedent In The Lower Federal Courts, Curtis A. Bradley, Tara Leigh Grove

Coase-Sandor Institute for Law & Economics Research Paper Series

There has been significant debate in recent years about the stare decisis effect of Supreme Court decisions, prompted in large part by the overturning of Roe v. Wade and, more recently, by the overturning of Chevron. Almost all of this debate has concerned whether the Court should adhere to its own decisions, a matter of “horizontal” stare decisis. But potentially even more significant is the “vertical” effect of Supreme Court precedent on the lower courts, which handle almost all of the federal judicial business. If the Supreme Court expressly overturns a precedent, the lower courts will of course stop following …

Silicon Valley Bank: A Case Study In Post-Crisis Bank Failures, Anthony Casey

Coase-Sandor Institute for Law & Economics Research Paper Series

The 2023 Silicon Valley Bank collapse was the third-largest bank failure in United States (US) history and one of the two largest since the 2008 financial crisis. This event served as the first major test for the post-crisis bank-failure regime in the US. This article evaluates how effectively that regime responded to the challenge. While some critics have questioned the effectiveness of both the regime and the US government's specific actions, others argue that the measures taken successfully mitigated systemic risk. Notably, the government felt compelled to provide discretionary depositor protection beyond what the legal framework required. This suggests that …

A New Measure Of Surviving Children That Sheds Light On Long-Term Trends In Fertility, Anup Malani, Ari Jacob

Coase-Sandor Institute for Law & Economics Research Paper Series

The consequences of fertility decline flow primarily from reduction in the number of surviving children, i.e., both births and survival, not simply from reductions in births. Therefore, neoclassical economic theories that attempt to explain fertility decline (e.g., quantity-quality models) hinge on preferences for surviving children, not births per se. This paper provides a new measure of surviving children. Effective fertility rate (EFR) is the product of the current fertility rate and the projected probability that a child survives until some age A. This age A could be between 15-49 for a measure (EFRR) that tracks reproductive potential, or 15-65 for …

Noisy Factors In Law, Adriana Z. Robertson, Pat Akey, Mikhail Simutin

Coase-Sandor Institute for Law & Economics Research Paper Series

For years, academic experts have championed the widespread adoption of the “Fama-French” factors in legal settings. Factor models are commonly used to perform valuations, performance evaluation and event studies across a wide variety of contexts, many of which rely on data provided by Professor Kenneth French. Yet these data are beset by a problem that the experts themselves did not understand: In a companion article, we document widespread retroactive changes to French’s factor data. These changes are the result of discretionary changes to the construction of the factors and materially affect a broad range of estimates.

n this Article, we …

An Apa For Tax, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

Recent Supreme Court cases threaten to upend the administrative law applicable to the tax system. Loper Bright eliminates Chevron deference. Ohio v. EPA heightens the scrutiny given to regulatory preambles. And Corner Post effectively eliminates the statute of limitations for challenging the validity regulations. A number of lower court decisions move in the same direction, aggressively using administrative law to invalidate guidance. Combined, these decisions threaten to make issuing guidance much more difficult and to slow the guidance process.

These decisions are based on the Administrative Procedure Act or related statutes rather than constitutional principles. Therefore, to the extent that …

Bankruptcy By Another Name, Anthony Casey, Joshua Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

Abstract

In a recent Essay, Abbe Gluck, Elizabeth Chamblee Burch, and Adam Zimmerman object to the increasing use of bankruptcy to resolve mass tort claims. They and others are concerned that bankruptcy reduces plaintiff voice, impedes the development of state law remedies, and limits discovery that can drive state and federal regulation regulatory interventions. This Online Response Essay addresses these critiques. Contrary to popular descriptions of the bankruptcy system, bankruptcy courts do not simply aim to maximize economic efficiency and financial recoveries. Bankruptcy includes numerous procedures, including robust disclosure, bellwether trials, future claims representatives, and voting, to ensure a fair …

Simplicity And Complexity In Law And In Markets, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Disclosure Puzzles In Patent Law, Jonathan S. Masur, Lisa Larrimore Ouellette

Coase-Sandor Institute for Law & Economics Research Paper Series

Since its inception, patent law has required that inventors publicly disclose information about their inventions in exchange for receiving patent rights. This foundational requirement is policed through multiple doctrines: patents fail enablement if “undue experimentation” is needed to practice the invention, and they lack adequate written description when they fail to establish the inventor’s “possession” of the invention.

Despite disclosure doctrines’ centrality, fundamental puzzles about their application remain unresolved. What are the boundaries between enablement and written description? Do equivalents claimed via the doctrine of equivalents have to be enabled or described? Are the rules different for after-arising technologies? Federal …

Control Rights And Chapter 11'S Expanding Scope, Jared I. Mayer

Coase-Sandor Institute for Law & Economics Research Paper Series

Control rights are rights to control how a debtor uses certain resources, such as rights to foreclose on collateral, terminate a contract, or prevent assignment of contractual rights. Law and economics scholars have mused whether bankruptcy law should supplant control rights, but they’ve assumed that all control rights share the same goal: to protect a party’s investment in a company.

This Article rejects that assumption. It shows that there are two kinds of control rights that bankruptcy law should treat differently. One kind - what this Article dubs “investment-backed control rights” - aims to protect a party’s investment in the …

Trade Secrecy's Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan

Coase-Sandor Institute for Law & Economics Research Paper Series

Trade secret law is meant to encourage socially beneficial behaviors by permitting firms to protect their investments in the creation of valuable information. In theory, the ability to protect valuable information will make firms more likely to create that information in the first instance. But the law can also be used to shield socially harmful behaviors from public oversight. Firms can assert trade secret protection to prevent journalists, watchdogs, and criminal defendants from learning whether they are engaged in dangerous, wrongful, or biased activity. Ideally, trade secret law should sort socially beneficial uses from socially harmful ones, permitting only the …

Invisible Work And Labor Market Power; Or, Why Labor Should Be Commodified, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Certain types of work-like behavior are not treated as paid labor in the law—and thus are not taxed or given workplace protections, for example—and often are not understood to be work by ordinary people. This kind of “invisible work” is exceedingly common. It encompasses not only the frequently discussed example of household labor, but also the work, or some of the work, of (for example) athletes, soldiers, students, artists, volunteers, religious and political figures, and consumers who implicitly trade work as well as money for products and services. Invisible work is the product of cultural understandings left over from the …

Posttraumatic Symptoms As Predictors Of Mobile App Engagement: An Evaluation Of Usage Data From Public Users Of An App For Military Sexual Trauma, Shilpa Hampole

Master's Theses

Veterans who have experienced military sexual trauma (MST) often face barriers to help-seeking. Mental health mobile applications (apps) such as Beyond MST, developed by the National Center for PTSD, can expand access to evidence-based coping tools, psychoeducation, and resources. However, user engagement is crucial for these apps to be effective. Researchers are exploring factors impacting app engagement, with emerging evidence suggesting that symptom severity may play a key role. This study examined whether the severity of posttraumatic stress disorder (PTSD) symptoms and posttraumatic negative cognitions, as well as level of well-being, are associated with app engagement. Anonymous app usage data …

Electron-Induced Chemical Transformations In Polymer Films: Understanding The Role Of Electrons In Euv Lithography, Maximillian Mueller

Master's Theses

The next generation of computer processors, memory, and nano-scale technologies all rely on our ability to create patterns at the nanometer scale reliably. Extreme ultraviolet (EUV) lithography can create sub-10 nm features by exposing photoresist materials, typically polymers or organic networks, to 13.5 nm, 92 eV light. At these energies, absorption of photons by the photoresist leads to the emission of a primary electron around 80 eV which inelastically scatters throughout the material, initiating chemistry and creating secondary electrons. The resulting cascade of electrons and chemical reactions remains poorly understood for most photoresist materials systems. This work aims to characterize …

Empowering Children With Special Needs (Cwsn) In Computer Science: An Interactive Hand Gestures Approach To Number Conversion Teaching, Renjith P.R., Jeeva Jose

Journal of Educational Technology Development and Exchange (JETDE)

It is essential for teachers to effectively address the diverse needs of students within the classroom environment, encompassing variations in IQ, communication skills, problem-solving abilities, and mathematical proficiency. Ensuring the inclusion of CwSN (Children with Special Needs) is imperative to prevent social division in the classroom. While the department offers accommodations such as scribes, interpreters, or extra time for examinations, these measures may not fully address the specific needs of CwSN. This study explores the efficacy of employing hand gestures as a teaching tool for CwSN in computer science, particularly in the realm of number conversions. A machine learning-based tool …

Allied Dental Students' Perceived Knowledge, Confidence, And Attitudes Regarding Disaster Victim Identification Topics, Samantha C. Vest, Brenda T. Bradshaw, Marsha A. Voelker, Ann M. Bruhn, Tara L. Newcomb, Sinjini Sikdar

Dental Hygiene Faculty Publications

Purpose Disaster victim identification (DVI) service requires knowledge, confidence, and an attitude (KCA) of readiness. The purpose of this study was to assess allied dental students’ perceived KCA regarding DVI skills and topics.

Methods A convenience sample of senior dental hygiene students (n=27) and senior dental assistant students (n=14) were recruited by email then presented mismatched simulated antemortem (AM) and postmortem (PM) bitewing radiographs and asked to indicate correct matches. Collectively, participants made 205 radiographic matches and indicated 205 degrees of certainty binarily as “positive” or “possible” (one per match). Participants also completed a researcher designed pretest/posttest electronic survey with …

Effects Of Ultrasonic Use On Hearing Loss In Dental Hygienists: A Matched Pairs Design Study, Jessica Suedbeck, Emily A. Ludwig, James Blando, Nathan Michalak

Dental Hygiene Faculty Publications

Purpose: Dental professionals are exposed to hazardous noise levels on a daily basis in clinical practice. The purpose of this study was to compare the hearing status of dental hygienists who utilize ultrasonic scalers in the workplace compared to age-matched control participants (non-dental hygienists) who were not exposed to ultrasonic noise.

Methods: A convenience sample of nineteen dental hygienists (experimental) and nineteen non-dental hygienists (control) was recruited for this study. A matched pairs design was utilized; participants in each group were matched based on age and gender to eliminate confounding variables. The testing procedure consisted of an audiologist performing a …

Organizational Identity Management Policies, Alexander Rieger, Tamara Roth, Johannes Sedlmeir, Gilbert Fridgen, Amber Young

Information Systems Faculty Publications and Presentations

Effective identity management is essential for secure organizational processes, but organizations often do not approach it strategically. To break this trajectory, organizational policymakers need to define a clear and sustainable identity management strategy. This paper presents an overview and guidelines to help shape such strategy. It analyzes the key characteristics and trade-offs of today’s identity management models. Moreover, it offers practical recommendations for organizational policymakers when choosing among these models.

The Chicago School’S Coasean Incoherence, Madison Condon

Faculty Scholarship

This comment traces the divergent legal academic interpretations of the Chicago School's Ronald Coase and where their influence lands--revealing the law’s inconsistent conception of just what a corporation is or should be. By following Alyssa Battistoni's investigation of the origin of the "externality," we can see the late 60s and early 1970s as a pivotal era. People were waking up to the collective costs of industrialization and pushing back against corporate power. Against this democratic wave, the writings of the Chicago School worked to separate one human person into her different roles in the economy—consumer, worker, shareholder. They used the …

The War On Higher Education, Athena Mutua, Jonathan Feingold, Angela Harris, Emily Houh, Matthew Patrick Shaw, Frank Valdes

Faculty Scholarship

Academic freedom is under assault in the United States.¹ Like the authoritarian populism rising across the globe, domestic attacks on individual professors and academic institutions buttress a broader and multifaceted campaign to undermine multiracial democracy and the institutions that sustain and safeguard it.² The individuals and entities driving this antidemocratic movement have also targeted the electoral process; public education; the right to bodily autonomy; the civil rights and liberties of minoritized and marginalized communities; and freedom of speech and expression (increasingly marshaled against pro-Palestinian advocacy).³ Their openly stated goal is to delegitimize, defund, and “lay siege to” …

Predicting Application Security Attack Paths Using Correlation Analysis, Attack Tree, And Multi-Layer Perceptron, Santanam Kasturi

All-Inclusive List of Electronic Theses and Dissertations

The work proposed in this research is specific to application security and ties vulnerability data, data storage, statistical analysis, attack surface, attack tree, and predictive analytics as a comprehensive system for identifying attack patterns and predicting an attack path. The vulnerability information gathered using different detection and monitoring capabilities provides basic data for exposing a software applications attack surface. In a multi-tiered application that is web enabled and accessible through the internet starting with the UI / web layer (URL and web application headers) and going down to the Application Programming Interface (API) layer (application to API, API-API), and going …

Stress Physiology Of Bats: Methodological And Biological Studies Using Hair Cortisol, Marcus Jorgensen

All-Inclusive List of Electronic Theses and Dissertations

Stress physiology in bats can be studied through various non-invasive methods, with hair cortisol levels being a particularly valuable measure. Hair cortisol analysis provides insights into the long-term stress levels and physiological states of bats, as it captures cortisol accumulation over time. This method helps researchers understand how different stressors and environmental factors impact bat populations. In mydissertation, I focused on assessing the validity and reliability of hair cortisol measurements in bats and explored the implications of these measurements for understanding bat stress physiology. In the first chapter, I evaluated the use of commercial enzyme immunoassay kits to measure cortisol …

Understanding The Overall Health Of Midwestern Bats, Nicole Castaneda

All-Inclusive List of Electronic Theses and Dissertations

The overall health of an individual or population can be measured in various ways. This research investigates bat health and reports baseline values of 1) hematological measures, 2) ectoparasite and endoparasite indices, and 3) prevalence of a zoonotic bacterium Bartonella , in four bat species, including big brown bat ( Eptesicus fuscus ), eastern red bat ( Lasiurus borealis ), Indiana bat ( Myotis sodalis ), and the evening bat ( Nycticeius humeralis ) that I captured at six state-protected sites in northeastern Missouri, USA over three summers. Such baseline values are needed, for example, when comparing diseased and stressed …

“A Hot Day In Iqaluit”? Environmental Rights In Canada’S Constitutional Cul-De-Sac, Stepan Wood

All Faculty Publications

Proposals to include an explicit right to a healthy environment in Canada’s constitution have been advanced since the early 1970s, but Canada is stuck in a decades-long impasse that precludes substantial constitutional amendment. This article uses the metaphor of the cul-de-sac to explore the prospects for legal recognition of environmental rights in this situation. It canvasses past efforts to entrench general and Indigenous environmental rights in Canada’s constitution, introduces culs-de-sac metaphorical and real, and highlights the irony of one commentator’s 2005 quip that it will be “a hot day in Iqaluit” when Canada’s constitution undergoes significant amendment. It then surveys …