Digital Commons Network^™

Constitutional Gun Litigation Beyond The Second Amendment, Joseph Blocher, Noah Levine

Faculty Scholarship

No abstract provided.

Ships Passing In The Night: The Communications Act And The Convergence On Broadband, Stuart Minor Benjamin

Faculty Scholarship

The Communications Act of 1934 and its amendments (the “Act”), and the regulations implementing them, have been enormously important to traditional telephony, broadcasting, and multichannel video. Meanwhile, the internet is barely mentioned in the Act. It thus might seem reasonable to conclude that the Act stands as a colossus and that the argument for overhauling it has grown much stronger as the Telecommunications Act of 1996 (the “1996 Act”) becomes ever more outdated. In this Article I suggest otherwise. Specifically, I make three claims—one descriptive, one a bit speculative, and one normative. The descriptive claim is that significant portions of …

Post-Grant Adjudication Of Drug Patents: Agency And/Or Court?, Arti K. Rai, Saurabh Vishnubhakat, Jorge Lemus, Erik Hovenkamp

Faculty Scholarship

The America Invents Act of 2011 (AIA) created a robust administrative system—the Patent Trial and Appeal Board (PTAB)—that provides a route for challenging the validity of granted patents outside of district courts. Congress determined that administrative adjudication of the validity of initial patent grants could be cheaper and more scientifically accurate than district court adjudication of such validity.

For private economic value per patent, few areas of technology can match the biopharmaceutical industry. This is particularly true for small-molecule drugs. A billion-dollar drug monopoly may be protected from competition by a relatively small number of patents. Accordingly, the social cost …

Keeping Our Republic, Ashlee A. Paxton-Turner

Faculty Scholarship

No abstract provided.

The Corporate Governance Gap, Kobi Kastiel, Yaron Nili

Faculty Scholarship

A reliable system of corporate governance is considered an important requirement for the long-term success of public companies and for the good of society at large. After decades of research and policy advocacy, there is a growing sense that corporations are finally nearing the promised land: boards of public corporations seem more diverse, large investors seem more engaged, and directors seem more accountable than ever. But is this perception accurate? While many large, high-profile companies tend to serve as role models of desirable governance practices, the picture of corporate governance—as this Article reveals—is considerably different in the far corners of …

Rogue Brokers And The Limits Of Agency Law, Deborah A. Demott

Faculty Scholarship

No abstract provided.

2021-2022 Michigan Council Of Charter School Authorizers (Mccsa) Annual Report, Bay Mills Community College, Central Michigan University, Detroit Public Schools Community District, Eastern Michigan University, Ferris State University, Grand Valley State University, Lake Superior State University, Northern Michigan University, Oakland University, Saginaw Valley State University

Related Reports

No abstract provided.

Theory Of Prioritarianism, Matthew D. Adler

Faculty Scholarship

This chapter provides theoretical foundations for the Prioritarianism in Practice volume, by clarifying the features of prioritarian social welfare functions (SWFs). A prioritarian SWF sums up individuals’ well-being numbers plugged into a strictly increasing and strictly increasing transformation function. Prioritarian SWFs, like the utilitarian SWF, fall within the “generalized-utilitarian” class of SWFs.Generalized-utilitarian SWFs are additive and, hence, especially tractable for purposes of policy analysis. The chapter reviews the axiomatic properties of generalized-utilitarian SWFs and, specifically, of prioritarian SWFs. Prioritarianism satisfies the Pigou-Dalton axiom (a pure, gap-diminishing transfer of well-being from a better-off to a worse-off person is an ethical improvement), …

The Law And Science Of Eyewitness Evidence, Thomas D. Albright, Brandon L. Garrett

Faculty Scholarship

Eyewitness evidence crucially depends on visual perception and memory, which are quite fallible. The potential inaccuracy of eyewitness memory has been long demonstrated in cases of wrongful conviction. Today, decades of scientific research on visual perception and memory have identified key causes of error and methods for improving eyewitness performance. Eyewitness evidence, where identification procedures themselves involve experiments, lends itself to scientific research as do few other areas in law. As a result, eyewitness evidence has become a testing ground for the use of science to inform the law. This Article examines how legal actors—state and federal courts, state lawmakers, …

The Trajectory Of Federal Gun Crimes, Jacob D. Charles, Brandon L. Garrett

Faculty Scholarship

Federal gun prosecutions have been a significant part of the federal docket for decades. In this Article, we explore for the first time the evolution of federal gun crimes. They cover conduct ranging from gun distribution and possession of particular weapons such as machine guns to use by drug traffickers and individual possession of !rearms by felons. Second, we describe how in practice gun charges have adapted to criminal law priorities of Congress and federal prosecutors over time. More recently, they became prominent in connection with immigration prosecutions, while in the 1980s, drug gangs were the priority. During this time, …

Setting The Price Of Fertility: Egg Donor Compensation Following Kamakahi V. American Society For Reproductive Medicine, Bailey K. Sanders

Faculty Scholarship

Although much ink has been spilled debating whether the United States should permit the sale and purchase of human eggs, fewer scholars have considered how we might encourage more efficient competition in this market. This article considers the market impact of a 2011 price-fixing lawsuit brought on behalf of egg donors in the United States; the plaintiffs argued that the American Society for Reproductive Medicine was artificially suppressing compensation rates by requiring its members to adhere to pricing caps. When the plaintiffs secured the removal of the guidelines, many observers expected compensation rates to increase substantially.

I argue, however, that …

Regulating Global Stablecoins: A Model-Law Strategy, Steven L. Schwarcz

Faculty Scholarship

Digital currencies have the potential to improve the speed and efficiency of the payment system. The principal challenge is retail: to facilitate day-to-day payments among consumers as an alternative to cash, both domestically and across national borders. Two models of digital currencies are becoming viable: central bank digital currencies and nongovernment-issued currencies that are backed by assets having intrinsic value (stablecoins or, when widely used internationally, global stablecoins). Because they are not government issued, global stablecoins present complex and novel cross-border regulatory challenges, including managing the costs of complying with a multitude of national laws and ensuring international legal enforceability. …

Which Moral Exemplars Inspire Prosociality, Hyemin Han, Clifford I. Workman, Joshua May, Payton Scholtens

University Faculty Publications and Creative Works

Some stories of moral exemplars motivate us to emulate their admirable attitudes and behaviors, but why do some exemplars motivate us more than others? We systematically studied how motivation to emulate is influenced by the similarity between a reader and an exemplar in social or cultural background (Relatability) and how personally costly or demanding the exemplar’s actions are (Attainability). Study 1 found that university students reported more inspiration and related feelings after reading true stories about the good deeds of a recent fellow alum, compared to a famous moral exemplar from decades past. Study 2A developed a battery of short …

Redirected Utopias: The Politics Of Self-Reflexive Autobiographical Documentary In Albertina Carri’S Los Rubios And Ufuk Emiroglu’S Mon Père, La Révolution, Et Moi, Stephanie Pridgeon

All Faculty Scholarship

Twenty-first century documentary production from around the world has used self-reflexivity to challenge assumptions about subjectivity and social positioning in ways that explicitly challenge the politics of filmmaking. Released in 2003 and 2013 respectively, Argentine director Albertina Carri’s Los rubios and Turkish filmmaker Ufuk Emiroglu’s Mon père, la révolution et moi incorporate fictions and fantasies into their autobiographical stories, telling their life stories through alternative narrative forms that deviate from existing social and aesthetic precepts. The two filmmakers seek to understand–and scrutinize–the utopian ideals of the revolutionary movements to which their fathers belonged in 1970s Argentina and Turkey, respectively. The …

An Institutional Theory Perspective On Ehr Engagement: Mandates, Penalties, And Enforcement, Mark J. Keith, Elina Chun Stewart, Tevin Stewart, Mitchell Josephson, Bob Cash, Connor Bice

Faculty Publications

Electronic Health Record (EHR) systems are the predominant information system (IS) used by healthcare clinicians and have been the source of both great success and pain. User engagement with EHR systems is unique from traditional IS contexts in significant ways. Prior research explains EHR usage and success primarily on traditional technology acceptance research (i.e., TAM, UTAUT). However, these models assume that EHR engagement is no different from IS systems in general business domains. Yet, the healthcare context is far more regulated than most. Based on qualitative focus group sessions with a leading healthcare analytics firm (KLAS Research), we identify the …

2021-2022 Charter Schools Office Annual Report, Grand Valley State University

Annual Reports (GVSU Charter Schools Office)

No abstract provided.

Uncommon Ground: Grant Wood And Russell Lee's Divergent View Of Iowa, James R. Swensen

Faculty Publications

GRANT WOOD'S American Gothic (1930) has likely been reproduced, parodied, and lampooned more than any other painting in American history (Figure 1). As scholars Wanda Corn, Steven Biel, and others have observed, the scene of an Iowa farmer and his daughter (often erroneously thought to be his wife) has proven to be remarkably adaptable for nearly a century.¹ An early example of its adoption occurred 11 years after Wood's work was finished, when it was appropriated by Gordon Parks, a young Black photographer. Created for the Farm Security Administration (FSA) and under the aegis of administrator Roy Stryker, Parks …

Bibliography Of Scholarship From 2022, University Of San Diego

Annual Bibliography of USD Scholarship

No abstract provided.

Ocean Connectedness And Consumer Responses To Single-Use Packaging, Sohvi Nuojua, Sabine Pahl, Richard Thompson

School of Biological and Marine Sciences

Single-use packaging items constitute a large proportion of the plastic litter found in the marine environment. Consumer decisions contribute to the accumulation of this pollution in the environment. Here we undertook two studies to assess consumer responses to different types of single-use packaging. Moreover, we introduce a new measure of ocean connectedness adapted from nature connectedness measures and investigate its association with consumer response. In Study 1, 60 UK undergraduate students completed a packaging rating task and a survey on ocean connectedness in a laboratory environment. In the rating task pictures of bottled drinks with unique combinations of packaging recyclability …

Post-Pandemic Outbound Travel Intentions And Preparations Of Chinese Residents: The Effects Of Media Coverage And Risk Perception, Jinhua Zhang, Rong Huang, Qian Chen, Guoqing Zhao

Plymouth Business School

No abstract provided.

“Viewed With Suspicion, Considered Idle And Mocked‐Working Caregiving Fathers And Fatherhood Forfeits”, Jasmine Kelland, Duncan Lewis, Virginia Fisher

Plymouth Business School

Existing academic literature consistently points to a changing role for modern fathers in which they take an egalitarian role in the caregiving responsibilities for their children. Despite this, fathers are observed to continue to dominate the realms of full-time working, aligning to more traditional breadwinning mentalities than such trends might suggest, raising questions around inequality. Fathers at work have previously been found to encounter challenges within the workplace when they alter, or consider altering their work patterns due to caregiving responsibilities. Employing a sample of working parents and managers, this paper explores how caregiving fathers are perceived within organizations and …

Potential Responses To Remifentanil Supply Shortages, J. Robert Sneyd

More Faculty of Health Research

Rapid elimination of remifentanil facilitates application of intense opioid effect during general anaesthesia whilst maintaining prompt emergence. Interruptions in remifentanil supply mean clinicians must relearn titration of pharmacokinetically longer-acting opioids to achieve appropriate levels of opioid effect whilst maintaining acceptable recovery times. Opioid-free anaesthesia is achievable for many minor and intermediate surgical procedures for which remifentanil might have been used previously.

Competing For Seafaring Labour: Social Security And Agency Employment In Chinese Shipping, Gang Chen, Lijun Tang

Plymouth Business School

This paper discusses one strategy that Chinese crewing agencies adopt to compete with eachother in the global seafarer labour supplying market. This strategy is related to Chineseseafarers’ social insurance participation. It shows that crewing agencies utilised a dualworkforce – ‘company-owned seafarers’ and ‘externally hired seafarers’. Externally hiredseafarers, though in precarious employment, are offered higher salaries in place of socialinsurance coverage. By contrast, company-owned seafarers are paid less, though enjoy socialinsurance arranged by agencies. This strategy serves to segment the seafarer labour market,conceal the level playing field, and help agencies recruit seafarers cost-effectively, though inviolation of labour rights. This paper argues …

Hypotension During Propofol Sedation For Colonoscopy: A Retrospective Exploratory Analysis And Meta-Analysis, J. Robert Sneyd, Anthony R. Absalom, Clemens R.M. Barends, Jordan B. Jones

More Faculty of Health Research

Background: Intraoperative and postoperative hypotension occur commonly and are associated with organ injury and poor outcomes. Changes in arterial blood pressure (BP) during procedural sedation are not well described. Methods: Individual patient data from five trials of propofol sedation for colonoscopy and a clinical database were pooled and explored with logistic and linear regression. A literature search and focused meta-analysis compared the incidence of hypotension with propofol and alternative forms of procedural sedation. Hypotensive episodes were characterised by the original authors' definitions (typically systolic BP <90 mm Hg). Results: In pooled individual patient data (n=939), 36% of procedures were associated with episodes of hypotension. Longer periods of propofol sedation and larger propofol doses were associated with longer-lasting and more-profound hypotension. Amongst 380 patients for whom individual BP measurements were available, 107 (28%) experienced systolic BP <90 mm Hg for >5 min, and in 89 (23%) the episodes exceeded 10 min. Meta-analysis of 18 RCTs …

Developments In Procedural Sedation For Adults, J. R. Sneyd

More Faculty of Health Research

No abstract provided.

Systematic Review Of Copper Intrauterine Contraception Continuation In Young Nulliparous Women Based On Intrauterine Device Type, H Akintomide, A James, M Moffat, P Barnes, J Rankin

School of Nursing and Midwifery

ObjectivesNo copper intrauterine device (IUD) type is known to better suit young nulliparous women who tend to experience higher rates of IUD discontinuation compared with their older parous counterparts. A systematic review to determine which IUDs have higher continuation rates in young nulliparous women was undertaken.DesignSystematic review and meta-analyses of available evidence based on IUD type.Data sourcesAMED, BNI, CINAHL, DARE, EMBASE, EMCARE, HMIC, MEDLINE, PsycINFO, PubMed, TRIP, and the Cochrane Library electronic databases were searched from inception to 11 May 2022; as well as the Bandolier, Medicines and Healthcare products Regulatory Agency, Faculty of Sexual and Reproductive Healthcare, Royal College …

The Potential Of Peatlands As Nature-Based Climate Solutions, Maria Strack, Scott J. Davidson, Takashi Hirano, Christian Dunn

School of Geography, Earth and Environmental Sciences

Purpose of ReviewDespite covering only 3% of the land surface, peatlands represent the largest terrestrial organic carbon stock on the planet and continue to act as a carbon sink. Managing ecosystems to reduce greenhouse gas (GHG) emissions and protect carbon stocks provide nature-based climate solutions that can play an important role in emission reduction strategies, particularly over the next decade. This review provides an overview of peatland management pathways that can contribute to natural climate solutions and compiles regional and global estimates for the size of potential GHG emission reductions.Recent FindingsDegraded peatlands may account for 5% of current anthropogenic GHG …

Geochemical Characteristics And Paleoclimate Implication Of Middle Jurassic Coal In The Ordos Basin, China, Luojing Wang, Dawei Lv, James C. Hower, Zhihui Zhang, Munira Raji, Jigen Tang, Yamin Liu, Jie Gao

More Faculty of Science and Engineering Research

Coals are highly enriched in critical elements (rare earth elements, etc.), containing much information of paleoenvironmental and paleoclimatic during deposition. The Jurassic period is a significant coal-forming period in the world. The Yan’an Formation in the Ordos Basin in north China is among the largest Middle Jurassic coal fields of the world. The purpose of this study is to investigate the geochemical characteristics of Middle Jurassic Aalenian coals of Ordos Basin and their paleoclimate significance. Sixty-two coal samples were collected from two coal mines in the Dongsheng area in the northeast Ordos Basin. The major and trace elements in the …

Reconstruction Of Provenance And Tectonic Setting Of The Middle Jurrasic Yan'an Formation (Ordos Basin, North China) By Analysis Of Major, Trace And Rare Earth Elements In The Coals, Jie Gao, Dawei Lv, Van Loon Aj Tom, James C. Hower, Munira Raji, Yi Yang, Zhonghe Ren, Yujia Wang, Zhihui Zhang

More Faculty of Science and Engineering Research

The Middle Jurassic Yan'an Formation in the Ordos Basin (North China) is an important coal-bearing succession. Twenty coal samples and four samples of silty mudstones were collected from Coal Seam 2 of the Yan'an Formation in order to determine major, trace and rare earth elements; moreover, the geochemistry of the rare earth elements, and in particular yttrium, was investigated. The major elements investigation reveals that Si, Al, Na, K, and Ti are primarily found in clay minerals. Calcium is primarily found in calcite and iron is largely controlled by sulfur. The average REE (rare earth element) contents in the coals …

Guided Tissue Regeneration In Peri-Radicular Surgery, G Baniulyte, L Burns, K Ali

Peninsula Dental School

Guided tissue regeneration techniques have been available in dentistry for decades. Primarily used for periodontal surgery and implant placement, their usefulness in periapical surgery has been getting increased attention. From the currently available evidence, guided tissue regeneration can improve patient outcomes. As a result, this technique might become more common in the future. Therefore, this review outlines the main uses of guided tissue regeneration and provides a brief summary of evidence surrounding it, with particular focus on periapical surgery.