Digital Commons Network^™

Enforcing Inbound Forum Selection Clauses In State Court, John F. Coyle, Katherine Richardson

Faculty Publications

A forum selection clause is a contractual provision that selects a court for future disputes. Such clauses serve two primary functions. First, they may be used to redirect litigation from one state to another (an “outbound” clause). Second, they may be used to extend the personal jurisdiction of the chosen court over the contracting parties (an “inbound” clause). To date, scholars have focused most of their attention on the redirecting function played by outbound clauses. In this Article, we provide a definitive account of the role played by inbound clauses as means of obtaining personal jurisdiction over out-of-state defendants.

This …

Ratemaking As Climate Adaptation Governance, Jonas J. Monast

Faculty Publications

Electric utilities are directly affected by, and in some cases are a source of, many pressing climate adaptation challenges: wildfires, vulnerable infrastructure, extreme storms, and drought. The state Public Utilities Commission (PUC) is one of the most consequential government agencies guiding the electricity sector’s response to climate change. Rate-regulated utilities may not charge ratepayers for new capital investments without PUC approval. When PUCs decide which costs are eligible for rate recovery, they also define which risks utilities seek to manage and which hedging strategies they use to do so. This Article argues that the foundational principles of ratemaking allow the …

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …

Monopolizing Whiteness, Erika K. Wilson

Faculty Publications

In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income, predominantly nonwhite school districts. The existence of predominantly white and affluent school districts in racially diverse metropolitan areas has material consequences and symbolic meaning. Materially, such districts receive greater educational inputs such as higher per-pupil spending, higher teacher quality, and newer facilities than their neighboring more racially diverse districts. Symbolically, owing to the material and status-based value attached to whiteness, the districts are also viewed as elite, which creates a magnetic effect that draws white affluent …

The Final Act -- Deportation By Ice Air, Deborah M. Weissman, Angelina Godoy, Havan Clark

Faculty Publications

Deportation is a legal concept about which much has been written. But it is more complicated. For noncitizens, forced expulsion is a lived experience occurring in time and space — an act against the body, mostly black and brown bodies. In this Article, we part ways with the well-established narratives of deportation and the punishment/non-punishment paradigm to conceive of deportation not only as a legal concept, but as a physical act — the final act — that is, the culmination of the immigration enforcement dragnet. The physical removal of persons from the United States requires a complex system comprised of …

Law In The Shadows Of Confederate Monuments, Deborah R. Gerhardt

Faculty Publications

Hundreds of Confederate monuments stand across the United States. In recent years, leading historians have come forward to clarify that these statues were erected not just as memorials but to express white supremacist intimidation in times of racially oppressive conduct. As public support for antiracist action grows, many communities are inclined to remove public symbols that cause emotional harm, create constant security risks and dishonor the values of equality and unity. Finding a lawful path to removal is not always clear and easy. The political power brokers who choose whether monuments will stay or go often do not walk daily …

Transgender And Gender Non-Binary Healthcare Coverage In State Medicaid Programs: Recommendations For More Equitable Approaches, Robin Kempf, Nicole M. Elias, Alonso J. Rubin-Desimone

Publications and Research

Transgender and gender non-binary (TGNB) individuals face discrimination in healthcare settings and barriers to healthcare access, resulting in health disparities. These inequities are compounded by the intersection of lower socioeconomic status and geography. To understand the differences in how states provide healthcare to TGNB individuals in poverty, we ask: What are state Medicaid programs offering TGNB residents, and how can coverage be more equitable across jurisdictions? To answer these questions, we examine medical services covered by 15 diverse Medicaid programs and compare them to the services recommended by the World Professional Association for Transgender Health (WPATH). Unsurprisingly, the analysis reveals …

Genetic Variation Within A Species Of Parasitic Nematode, Skrjabingylus Chitwoodorum, In Skunks, Allie N. Denham, Malorri R. Hughes, Robert C. Dowler, Nicholas J. Negovetich, Loren K. Ammerman

Biology Faculty Publications and Presentations

Carnivores in the families Mustelidae and Mephitidae are essential hosts for the cranial roundworm genus Skrjabingylus. A high prevalence of Skrjabingylus chitwoodorum has been observed in the striped skunk, Mephitis mephitis. Genetic barcoding studies of other nematodes have successfully used the cytochrome oxidase I (COI) mitochondrial gene to analyze genetic variation and divergence. We tested the hypothesis that low population structuring occurs within S. chitwoodorum because M. mephitis is widespread across much of North America and has high levels of gene flow. We extracted DNA from 38 samples of Skrjabingylus removed from the sinuses of M. mephitis and one from …

Equity In Language Programs: Revitalizing Indigenous Languages In Secondary School In Anchorage, Alaska, Betsy Watson (Paskvan)

Doctoral Dissertations

"Wherever there is a situation of domination and subordination between any two groups, whatever their color or religion, this will be reflected in the language relationship: one language dominating the other." —wa Thiong’o (2011, p. 244) Indigenous language and culture education efforts in Anchorage, Alaska are limited by omissions in the public school curriculum. One of the many reasons for this is that policy makers believe there is not sufficient demand for Alaska Native languages in public schools. Further there is a perceived lack of language teacher-leaders and experts to build programs for Alaska Native language instruction. This study used …

Voices Of Chinese International Students: A Critical Understanding Of Their Experiences In The United States, Shudao Zhang

Doctoral Dissertations

This qualitative study investigated the lived experiences of Chinese international students in the United States. It focused on their academic learning, sociocultural relationship, self-reflection and their identity development. This study addressed the active role of international students as participants who can manage cross-cultural difficulties as well as make new interpretations of their life in the host country. This study adopted three theoretical frameworks - transnationalism, transformative learning theory, and social identity theory - to present the intricate educational and social context in study abroad. Through in-depth interviews with eight Chinese students at a private university in California, together with the …

Helicobacter Pylori Diagnosis And Therapy In The Era Of Antimicrobial Stewardship, Akiko Shiotani, Priya Roy, Hong Lu, David Y Graham

Faculty, Staff and Students Publications

The diagnosis and therapy of Helicobacter pylori infection have undergone major changes based on the use the principles of antimicrobial stewardship and increased availability of susceptibility profiling. H. pylori gastritis now recognized as an infectious disease, as such there is no placebo response allowing outcome to be assessed in relation to the theoretically obtainable cure rate of 100%. The recent recognition of H. pylori as an infectious disease has changed the focus to therapies optimized to reliably achieve high cure rates. Increasing antimicrobial resistance has also led to restriction of clarithromycin, levofloxacin, or metronidazole to susceptibility-based therapies. Covid-19 resulted in …

Blockchain Neutrality, Samuel N. Weinstein

Georgia Law Review

Blockchain technology is transforming how markets work.
Blockchains eliminate the need for trusted gatekeepers like
banks to execute, verify, and record transactions. In the
financial markets, their disruptive potential threatens both
Wall Street banks and Silicon Valley venture capitalists. How
blockchain technology is regulated will determine whether it
encourages or inhibits competition. Some blockchain
applications present serious fraud and systemic risks,
complicating regulation. This Article explores the antitrust and
competition policy challenges blockchain presents and proposes
a regulatory strategy, modeled on Internet regulation and net
neutrality principles, to unlock blockchain’s competitive
potential. It contends that financial regulators should promote
blockchain …

An Eye For An Eye And A Tooth For A Tooth: An Analysis Of Georgia’S Landlord Retaliation Law, Nicole Hammett

Georgia Law Review

Landlord retaliation laws protect tenants from landlords’
harmful retaliatory actions in response to tenants’ exercise of
their legal rights. In May 2019, Georgia joined the majority of
other states by enacting H.B. 346, an act establishing the
requirements for a prima-facie case of landlord retaliation.
Georgia’s eviction and poverty rates are higher than the
national average, and this law stands to address underlying
issues that drive those problems.
Other states’ landlord retaliation laws offer best practices in
addressing landlord retaliation. These include implementing
rent abatement protections and expanding the scope of
protected actions. Improving low-income individuals’ access to
counsel and …

The New Redeemers, Anthony M. Kreis

Georgia Law Review

This Article is about the long arc of a Second Redemption. A
new life to the politics of racial grievance surfaced in the wake
of a diversifying polity, a decline of rural power, and a Black
man’s rise to the American presidency. And that reinvigorated
force was the linchpin of Donald Trump’s ascendency to power.
Trump was a part of a broader conservative governing
coalition, which held its center of gravity in rural, white
America. Leading members of that coalition feverishly eroded
democratic norms to entrench minoritarian power. They
justified their pernicious work by claiming to be the true heirs …

Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz

Georgia Law Review

The Electoral College as a method of selecting U.S.
presidents was allegedly set up to protect one type of minority
rights—those of slave states and small states—but over time
it has operated to deny the rights of racial and other minorities,
especially given the winner-take-all system of electoral vote
allocation used in forty-eight states. This Essay examines the
history and current operation of the Electoral College, detailing
how, despite its changes, it continues to privilege some forms of
minority rights at the expense of others. The Essay also
indicates how in its current form in forty-eight states, the
Electoral College …

Special Interests In Prosecutor Elections, Carissa Byrne Hessick, Nathan Pinnell

Faculty Publications

While much has been written about money in politics generally, little attention has been paid to money in prosecutor elections specifically. This Symposium Article aims to identify the special interests at play in prosecutor elections. Using an original nationwide dataset of campaign contributions in prosecutor elections, it also seeks to provide insight into the extent of special interests' financial power in those elections.

In accomplishing these two tasks, this Article grapples with the incongruence between ordinary theories of special interests and the office of prosecutor. Most theories have been developed to describe and explain how special interests seek to influence …

Civility And Its Discontents: Subway Etiquette, Civic Values, And Political Subjectivity In Global Taiwan, Anru Lee

Publications and Research

No abstract provided.

The Limits Of Equity, Michael Lewyn

Scholarly Works

"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.

Will Zoning Fix Itself?, Michael Lewyn

Scholarly Works

Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.

Who Benefits From Brownfield Cleanup And Gentrification? Evidence From Chicago, Richard Melstrom, Rose Mohammadi, Tania Schusler, Amy Krings

Social Work: School of Social Work Faculty Publications and Other Works

This paper presents research on the distribution of economic benefits from brownfield cleanup and land development. There is growing concern that cleaning up blighted areas, including brownfields, can entrench inequality by disproportionately benefiting some demographic groups more than others. We look for evidence of disproportionate benefits by relating changes in move decisions to land use activity in Chicago using a heterogeneous sorting model. Our research produces two key insights: first, Black and Hispanic households benefit less than White households from brownfield cleanup and vacant land development. Second, owners appear to benefit more than renters from cleanup and development. Overall, these …

North Dakota Elementary School Counseling Programs: Implications For Policy And Practice, Holly Larson

Theses and Dissertations

The study’s purpose was to explore social emotional supports in place at the time of this study through North Dakota public elementary school counseling programs, to give attention to the North Dakota Multi-Tiered System of Supports in Social Emotional Learning (NDMTSS-SEL) initiative’s implementation, and to understand perspectives on early social emotional learning needs and interventions. Education in North Dakota is guided by the North Dakota Century Code (NDCC) Title 15.1 statutes. In October of 2019, the North Dakota Legislative Interim Education Committee discussed a need to review and revise these statutes (North Dakota Legislative Branch, 2019). Within the North Dakota …

Teaching On The Prairie: Narrative Lived Experiences Of Self, Belonging, And Place From Two Beginning Teachers In Rural North Dakota Schools, Mundi Schmidt

Theses and Dissertations

Retaining rural Midwestern teachers is problematic for many K-12 school districts. Through interviews with two first year teachers in rural North Dakota schools, this study considered what experiences contributed to a successful beginning teaching career in a rural school. It was thought that teacher education preparation pertaining to rural schools specifically would increase the likelihood of retention for these beginning teachers. Rural communities and schools in North Dakota are plentiful and provide the stepping-stone into the teaching profession for many beginning teachers. The choice to stay in the rural school or move into a larger school community has a significant …

Riparian Vegetation Changes Along The Red River Of The North: 1997-2018, Laura Akindo

Theses and Dissertations

Riparian zones are areas along waterways that are typically covered by woody vegetation, herbaceous plants, and grasses. Flooding is an important process in riparian habitats as it continuously causes net gains and losses of substrates in riparian communities that determine the productivity of the riparian area. Most notably by providing new areas on the floodplain to be colonized by riparian plant species. Sometimes extreme flooding events can temporarily devastate riparian communities, as in most cases the area recovers quickly. This study evaluated the effects of the 1997 Red River flood on the woody cover in the riparian area cover along …

Understanding Decision-Making Styles Of Part 135 Pilots In Remote Settings And Their Impact On Aviation Safety: A Qualitative Enquiry Of Alaskan Operational Environments, Dana Atkins

Theses and Dissertations

Aviation is a vital component of the State of Alaska’s transportation system. Air transportation is frequently the only means to move goods, services, and people across the state. Historically, air taxi and non-scheduled/charter air operators (14 C.F.R. Part 135) form the bulk of service providers in Alaska and have poor operational safety records through high rates of accidents. The problem is still prevalent despite numerous initiatives by the Federal Aviation Administration to reduce adverse safety events. Accident investigation reports have nominally attributed causal factors of these accidents to pilot error and at-risk behaviors such as violations. Extant research in aviation …

Rural Mental Health Therapist’S Attitudes Toward Evidence Based Practice And Readiness For Change, Marc S. Dutch

Theses and Dissertations

Rural Mental Health Therapists (RHMTs) face unique obsticles such as having to cover vast distances and isolation. Additionally, RHMTs also struggle with access to continuing education, training, supervision and other resources. Consequently, long tenured RHMTs tend to be at a disadvantage to acquiring and maintaining their ability to practice from an Evidence- Based Practice (EBP) approach in their clinical treatment. This study aims to better understand what Behavior Change factors effect RHMTs attitudes toward practicing from an EBP approach, as well as individual characteristics. Participants were 81 RHMTs practicing in a mental health capacity in the USA. Results indicated that …

"The Last Major Front": Special Education's Transition To Adulthood And North Dakota, Matthew David Mccleary

Theses and Dissertations

The thesis examines the development and implementation of special education’s transition policy in the United States and North Dakota from the 1980s to the 1990s. Researchers have primarily sought to further evidence-based practices in preparing adolescents with disabilities for adulthood, but the history of this effort has rarely been discussed. In the late 20th century, policymakers, researchers, and educators attempted to turn around negative socio-economic outcomes for people with disabilities by helping youth with disabilities and their families plan for the future and get connected to post-school services and employment. Assumptions about people with disabilities influenced transition programming and the …

Validity Of A Culturally Sensitive Depression Scale For Native American Youth, Todd Phelps

Theses and Dissertations

This research investigated the validity of a Culturally Sensitive Depression Scale (CSDS). Data were collected on 30 Native American youth living throughout South Dakota. Participants underwent a condensed semi-structured clinical interview for Major Depressive Disorder to confirm diagnosed (n=16) or undiagnosed (n=14). Participants completed two depression scales: the Columbia Depression Scale (CDS) and the CSDS. Both scales were tested for criterion-related validity via concurrent validity which analyzed each scale’s accuracy in categorizing diagnosed and undiagnosed individuals. Construct validity was tested via convergent validity through the Pearson product-moment correlation between the CDS and CSDS. Area Under Curve (AUC) analysis tested each …

Analysis Of Covid 19 Mortality And Case Fatality In A Low Income Region Of Brazil, Carlos Eduardo Siqueira, Luiz C De Abreu

Gastón Institute Publications

Introduction: Inserted in the vulnerable context of the Brazilian Amazon, the state of Tocantins has suffered damages with the dissemination of COVID-19 in its territory; however, little evidence is published from this state. Objective: This study aims to analyze the case-fatality, mortality, and incidence of COVID-19 in Tocantins. Methods: This is an ecological study, population-based, time- series analysis of COVID-19 cases and deaths in the state of Tocantins from March 2020 to August 2021. Results: During the examined period, 219,031 COVID-19 cases, and 3,594 deaths were registered due to disease. Two possible occurrence peaks were characterized in this time- series …

A Time-Series Ecological Study Protocol To Analyze Trends Of Incidence, Mortality, Lethality Of Covid-19 In Brazil, Luiz C De Abreu, Khalifa Elmusharaf, Carlos Eduardo Siqueira

Gastón Institute Publications

Introduction: since the first case of COVID-19 was confirmed in February 2020, Brazil has reported more than 20 million cases and more than 600,000 deaths on October 31, 2021. The behavior of the pandemic was also different in the various states, from the less developed to the more developed, such as the state of São Paulo. Objective: to describe step-by-step time series for analyzing trends in mortality, lethality and incidence of COVID-19 in Brazil. Methods: a protocol for an ecological study of time series, covering the 26 states and the federal district (Brasilia). Results: the descriptions have the potential to …

Evaluating The N/Ne Preference Policy, Amie Thurber, Lisa K. Bates, Susan Halverson

School of Social Work Faculty Publications and Presentations

North/Northeast Portland has long been the heart of Portland's Black community. By 2010, the area had lost two-thirds of its Black residents to displacement. In response, the City adopted a Preference Policy that prioritizes displaced affordable rental and homeownership applicants. This report describes findings from the first phase of a study to understand what difference this policy is making in the lives of residents.