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Unpacking The Influence Of Islamic Religious Culture And Individual Religious Affiliation On Testing Hiv-Positive, Brittany Hayes, Amy Adamczyk Jan 2022

Unpacking The Influence Of Islamic Religious Culture And Individual Religious Affiliation On Testing Hiv-Positive, Brittany Hayes, Amy Adamczyk

Publications and Research

The distribution of HIV cases varies cross-nationally. We separate the influences of Islam at the macro-and micro-levels to understand the role of religion in shaping the spread of HIV. Drawing on biomarker data from the Demographic and Health Surveys, we construct a multilevel database (Individual N= 568,476; Country N= 30). We examine a series of national-and individual-level predictors that may mediate the relationship between Islam and testing HIV-positive. Individual religious affiliation and proportion Muslim retained their risk-reducing effects even when accounting for a range of mediators and suppressors. Islam has a sui generis effect on testing HIV-positive.


When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak Jan 2022

When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak

Publications and Research

We used data from an Australian community register to build a database containing 673 incidents, including both criminal and non-criminal anti-Semitic acts that occurred between October 2013 and September 2017. We conducted bivariate and multivariate analyses to explore the differences in the types of incidents associated with different trigger events. Using time series methods, we found a significant increase in criminal (but not in non-criminal) incidents during the 2014 Israel–Gaza conflict. During Jewish religious festivals, we found a significant decrease in criminal incidents, and a significant increase in non-criminal incidents. After the establishment of the neo-nazi group Antipodean Resistance, we …


Which Libraries Are Open?: How To Quickly Map Library Reopening Statuses And Service Updates Using Carto, Karen Okamoto Jan 2022

Which Libraries Are Open?: How To Quickly Map Library Reopening Statuses And Service Updates Using Carto, Karen Okamoto

Publications and Research

This article outlines how libraries can quickly map library information such as location and service updates using the free version of CARTO, an online mapping platform that provides both free and subscription-based accounts. Institutions with multiple library locations and different COVID-19 site reopening statuses can quickly map which library locations are open, partially opened, or closed and indicate what services are currently available. Mapping this data requires minimal technical expertise and time. The map itself can be helpful for patrons, librarians, and staff .


The Invisible Us Fire Problem, Danielle Antonellis, Sandra Vaiciulyte, Brian Meacham, Charles R. Jennings Jan 2022

The Invisible Us Fire Problem, Danielle Antonellis, Sandra Vaiciulyte, Brian Meacham, Charles R. Jennings

Publications and Research

The report addresses the problem of fire safety across various housing types and the market dynamics of housing quality, regulation, and availability. The report also addresses the issue of substandard housing, ranging from rough sleeping through poorly maintained housing, including illicit and informal housing arrangements.

Statistics on the magnitude of the problem are difficult to acquire, but anecdotal evidence appears across many settings. The report explores the relationship between regulatory blind spots, ambiguous application of existing fire safety regimes, and informality.

These conditions create a population at high risk of fire -- insecurely and vulnerably sheltered population -- the invisible …


Market Myopia's Climate Bubble, Madison Condon Jan 2022

Market Myopia's Climate Bubble, Madison Condon

Faculty Scholarship

A growing number of financial institutions, ranging from BlackRock to the Bank of England, have warned that markets may not be accurately incorporating climate change-related risks into asset prices. This Article seeks to explain how this mispricing can exist at the level of individual assets drawing from scholarship on corporate governance and the mechanisms of market (in)efficiency. Market actors: 1. Lack the fine-grained asset-level data they need in order to assess risk exposure; 2. Continue to rely on outdated means of assessing risk; 3. Have misaligned incentives resulting in climate-specific agency costs; 4. Have myopic biases exacerbated by climate change …


When Desperate Patients Go To Court For Unproven Treatments - The Battle For Hospital Independence, Christopher Robertson, Margaret Houtz Jan 2022

When Desperate Patients Go To Court For Unproven Treatments - The Battle For Hospital Independence, Christopher Robertson, Margaret Houtz

Faculty Scholarship

As the Covid-19 pandemic wears on, patients have asked courts to compel hospitals to administer unproven therapies, with mixed legal results. Although talk radio hosts, politicians, and social media users have promoted various treatment approaches, they have given particular attention to ivermectin. The Food and Drug Administration (FDA) has approved ivermectin for use in humans for treating onchocerciasis (river blindness), intestinal strongyloidiasis, certain other parasitic worms, head lice, and skin conditions such as rosacea. Although this approval facilitates legal offlabel use for prophylaxis against or treatment of other conditions, both the FDA and the Centers for Disease Control and Prevention …


Evaluating A Pilot Culturally Sensitive Psychosocial Intervention On Posttraumatic Growth For Chinese American Breast Cancer Survivors, Qiao Chu, Moni Tang, Lingjun Chen, Lucy Young, Alice Loh, Carol Wang, Qian Lu Jan 2022

Evaluating A Pilot Culturally Sensitive Psychosocial Intervention On Posttraumatic Growth For Chinese American Breast Cancer Survivors, Qiao Chu, Moni Tang, Lingjun Chen, Lucy Young, Alice Loh, Carol Wang, Qian Lu

Faculty, Staff and Student Publications

This study investigated the potential benefit of a pilot culturally sensitive group support intervention, named Joy Luck Academy (JLA), in fostering posttraumatic growth among Chinese American breast cancer survivors. Eighty-six Chinese American breast cancer survivors participated in an eight-week single-arm pre-/post-test trial of an intervention program, which included educational lectures and peer mentor support. The JLA participants were compared with an independent sample of 109 Chinese American breast cancer survivors who went through routine care. Both groups completed baseline and eight-week follow-up assessments of the five facets of posttraumatic growth (meaningful interpersonal relationships, finding new possibilities in life, personal strength, …


Landmark Mediation Survival Analysis Using Longitudinal Surrogate, Jie Zhou, Xun Jiang, H Amy Xia, Brian P Hobbs, Peng Wei Jan 2022

Landmark Mediation Survival Analysis Using Longitudinal Surrogate, Jie Zhou, Xun Jiang, H Amy Xia, Brian P Hobbs, Peng Wei

Faculty, Staff and Student Publications

Clinical cancer trials are designed to collect radiographic measurements of each patient's baseline and residual tumor burden at regular intervals over the course of study. For solid tumors, the extent of reduction in tumor size following treatment is used as a measure of a drug's antitumor activity. Statistical estimation of treatment efficacy routinely reduce the longitudinal assessment of tumor burden to a binary outcome describing the presence versus absence of an objective tumor response as defined by RECIST criteria. The objective response rate (ORR) is the predominate method for evaluating an experimental therapy in a single-arm trial. Additionally, ORR is …


Quaking But Not Parkin Is The Major Tumor Suppressor In 6q Deleted Region In Glioblastoma, Fatma Betul Aksoy Yasar, Takashi Shingu, Daniel B Zamler, Mohammad Fayyad Zaman, Derek Lin Chien, Qiang Zhang, Jiangong Ren, Jian Hu Jan 2022

Quaking But Not Parkin Is The Major Tumor Suppressor In 6q Deleted Region In Glioblastoma, Fatma Betul Aksoy Yasar, Takashi Shingu, Daniel B Zamler, Mohammad Fayyad Zaman, Derek Lin Chien, Qiang Zhang, Jiangong Ren, Jian Hu

Faculty, Staff and Student Publications

Glioblastoma (GBM) is a high-grade, aggressive brain tumor with dismal median survival time of 15 months. Chromosome 6q (Ch6q) is a hotspot of genomic alterations, which is commonly deleted or hyper-methylated in GBM. Two neighboring genes in this region, QKI and PRKN have been appointed as tumor suppressors in GBM. While a genetically modified mouse model (GEMM) of GBM has been successfully generated with Qk deletion in the central nervous system (CNS), in vivo genetic evidence supporting the tumor suppressor function of Prkn has not been established. In the present study, we generated a mouse model with Prkn-null allele …


A Narrative Review On Invasive Brain Stimulation For Treatment-Resistant Depression, Manoj P Dandekar, Alexandre P Diaz, Ziaur Rahman, Ritele H Silva, Ziad Nahas, Scott Aaronson, Sudhakar Selvaraj, Albert J Fenoy, Marsal Sanches, Jair C Soares, Patricio Riva-Posse, Joao Quevedo Jan 2022

A Narrative Review On Invasive Brain Stimulation For Treatment-Resistant Depression, Manoj P Dandekar, Alexandre P Diaz, Ziaur Rahman, Ritele H Silva, Ziad Nahas, Scott Aaronson, Sudhakar Selvaraj, Albert J Fenoy, Marsal Sanches, Jair C Soares, Patricio Riva-Posse, Joao Quevedo

Faculty, Staff and Student Publications

While most patients with depression respond to pharmacotherapy and psychotherapy, about one-third will present treatment resistance to these interventions. For patients with treatment-resistant depression (TRD), invasive neurostimulation therapies such as vagus nerve stimulation, deep brain stimulation, and epidural cortical stimulation may be considered. We performed a narrative review of the published literature to identify papers discussing clinical studies with invasive neurostimulation therapies for TRD. After a database search and title and abstract screening, relevant English-language articles were analyzed. Vagus nerve stimulation, approved by the U.S. Food and Drug Administration as a TRD treatment, may take several months to show therapeutic …


White Matter Abnormalities In The Hdc Knockout Mouse, A Model Of Tic And Ocd Pathophysiology, Kantiya Jindachomthong, Chengran Yang, Yuegao Huang, Daniel Coman, Maximiliano Rapanelli, Fahmeed Hyder, Joseph Dougherty, Luciana Frick, Christopher Pittenger Jan 2022

White Matter Abnormalities In The Hdc Knockout Mouse, A Model Of Tic And Ocd Pathophysiology, Kantiya Jindachomthong, Chengran Yang, Yuegao Huang, Daniel Coman, Maximiliano Rapanelli, Fahmeed Hyder, Joseph Dougherty, Luciana Frick, Christopher Pittenger

2020-Current year OA Pubs

INTRODUCTION: An inactivating mutation in the

MATERIALS AND METHODS: We performed exploratory RNA-seq to identify pathological alterations in several brain regions in

RESULTS: Exploratory RNA-Seq analysis revealed, unexpectedly, that genes associated with oligodendrocytes and with myelin production are upregulated in the dorsal striatum of these mice. This was confirmed by qPCR, immunostaining, and immunoblotting. These results suggest an abnormality in myelination in the striatum. To test this in an intact mouse brain, we performed whole-brain

DISCUSSION: While the DTI literature in individuals with TS is sparse, these results are consistent with findings of disrupted descending cortical projections in patients with …


Systematic Review To Evaluate Algorithms For Reboa Use In Trauma And Identify A Consensus For Patient Selection., Amelia Walling Maiga, Rishi Kundi, Jonathan James Morrison, Chance Spalding, Juan Duchesne, John Hunt, Jonathan Nguyen, Elizabeth Benjamin, Ernest E Moore, Ryan Lawless, Andrew Beckett, Rachel Russo, Bradley M Dennis Jan 2022

Systematic Review To Evaluate Algorithms For Reboa Use In Trauma And Identify A Consensus For Patient Selection., Amelia Walling Maiga, Rishi Kundi, Jonathan James Morrison, Chance Spalding, Juan Duchesne, John Hunt, Jonathan Nguyen, Elizabeth Benjamin, Ernest E Moore, Ryan Lawless, Andrew Beckett, Rachel Russo, Bradley M Dennis

Trauma and Acute Care Articles

BACKGROUND: Patient selection for resuscitative endovascular balloon occlusion of the aorta (REBOA) has evolved during the last decade. A recent multicenter collaboration to implement the newest generation REBOA balloon catheter identified variability in patient selection criteria. The aims of this systematic review were to compare recent REBOA patient selection guidelines and to identify current areas of consensus and variability.

METHODS: In accordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, we conducted a systematic review of clinical practice guidelines for REBOA patient selection in trauma. Published algorithms from 2015 to 2022 and institutional guidelines from a seven-center …


Perceptions Of Case Complexity And Pre-Trial Publicity Through The Lens Of Information Processing, Cassandra Flick, Judith Platania Jan 2022

Perceptions Of Case Complexity And Pre-Trial Publicity Through The Lens Of Information Processing, Cassandra Flick, Judith Platania

Arts & Sciences Faculty Publications

In the current study we examined the influence of case complexity and pretrial publicity (PTP) through an information processing framework. Dual process models suggest that individuals can process information in a systematic or heuristic manner. We explored the effects of defendant PTP (negative v. positive), language complexity (moderate v. high), and image complexity (moderate v. high) on participant-jurors’ verdicts, damages, and information processing style. Results indicated participants exposed to highly complex language utilized PTP as a heuristic to determine damages. Language and image complexity interacted to predict jurors’ understanding of trial information.


The Essence Of Soil Biodiversity, Loren B. Byrne Jan 2022

The Essence Of Soil Biodiversity, Loren B. Byrne

Arts & Sciences Faculty Publications

Soil ecologists and conservationists should focus on raising people’s awareness of the essence of soil biodiversity: its complex ecologicalwebs and emergent ecosystemservices that support aboveground life and human well-being. Conservation and communication efforts regarding soil biodiversity must consider local-scale ecological contexts and different audiences. Engaging educational and outreach materials and methods should be prioritized to advance preservation of soil systems and their biodiversity.


Domestic Violence Blame Attributions Of Police Officers And College Students, Kyle Gamache Jan 2022

Domestic Violence Blame Attributions Of Police Officers And College Students, Kyle Gamache

Arts & Sciences Faculty Publications

This student explores domestic violence blame attributions of police officers and college students. A total of 387 college students from two institutions and 92 police officers were given the Domestic Violence Blame Attribution Scale (Petretic-Jackson et al., 1994). The results suggest that police officers and college students had significantly different ratings on the DVBS subscale scores, specifically that police officers had lower ratings of societal and perpetrator blame than college students. Continued exploration of the data showed that there were further differences within the samples. College students who had experienced domestic violence had different subscale scores than those that had …


Cannabinoid Use And Total Hospital Cost In Patients With Cirrhosis: A Study Based On Nationwide Inpatient, Rajesh Essrani Md, Muhammad Usman Zafar, Zahid I. Tarar, Umer Farooq, Jiten Kothadia Jan 2022

Cannabinoid Use And Total Hospital Cost In Patients With Cirrhosis: A Study Based On Nationwide Inpatient, Rajesh Essrani Md, Muhammad Usman Zafar, Zahid I. Tarar, Umer Farooq, Jiten Kothadia

Department of Medicine

No abstract provided.


Alternative Scheduling Framework To Decrease Waitlist And Improve Patient Satisfaction In Outpatient Pediatric Rehab, Shelley Spence, Kimberly Fritts Dpt Jan 2022

Alternative Scheduling Framework To Decrease Waitlist And Improve Patient Satisfaction In Outpatient Pediatric Rehab, Shelley Spence, Kimberly Fritts Dpt

Department of Medicine

No abstract provided.


A Shock Through The Heart, Lekha Racharla Do, Zeel Patel Do, Akhil Kher Md, Amogh M. Joshi Do, Amy Goodrich-Harris, Theresa Maitz Do, Daniel Makowski Jan 2022

A Shock Through The Heart, Lekha Racharla Do, Zeel Patel Do, Akhil Kher Md, Amogh M. Joshi Do, Amy Goodrich-Harris, Theresa Maitz Do, Daniel Makowski

Department of Medicine

No abstract provided.


Defective Dna Polymerase Beta Invoke A Cytosolic Dna Mediated Inflammatory Response, Shengyuan Zhao, Julia A Goewey Ruiz, Manu Sebastian, Dawit Kidane Jan 2022

Defective Dna Polymerase Beta Invoke A Cytosolic Dna Mediated Inflammatory Response, Shengyuan Zhao, Julia A Goewey Ruiz, Manu Sebastian, Dawit Kidane

Faculty, Staff and Student Publications

Base excision repair (BER) has evolved to maintain the genomic integrity of DNA following endogenous and exogenous agent induced DNA base damage. In contrast, aberrant BER induces genomic instability, promotes malignant transformation and can even trigger cancer development. Previously, we have shown that deoxyribo-5'-phosphate (dRP) lyase deficient DNA polymerase beta (POLB) causes replication associated genomic instability and sensitivity to both endogenous and exogenous DNA damaging agents. Specifically, it has been established that this loss of dRP lyase function promotes inflammation associated gastric cancer. However, the way that aberrant POLB impacts the immune signaling and inflammatory responses is still unknown. Here …


Update On Mri In Evaluation And Treatment Of Endometrial Cancer, Ekta Maheshwari, Stephanie Nougaret, Erica B Stein, Gaiane M Rauch, Ken-Pin Hwang, R Jason Stafford, Ann H Klopp, Pamela T Soliman, Katherine E Maturen, Andrea G Rockall, Susanna I Lee, Elizabeth A Sadowski, Aradhana M Venkatesan Jan 2022

Update On Mri In Evaluation And Treatment Of Endometrial Cancer, Ekta Maheshwari, Stephanie Nougaret, Erica B Stein, Gaiane M Rauch, Ken-Pin Hwang, R Jason Stafford, Ann H Klopp, Pamela T Soliman, Katherine E Maturen, Andrea G Rockall, Susanna I Lee, Elizabeth A Sadowski, Aradhana M Venkatesan

Faculty, Staff and Student Publications

Endometrial cancer is the second most common gynecologic cancer worldwide and the most common gynecologic cancer in the United States, with an increasing incidence in high-income countries. Although the International Federation of Gynecology and Obstetrics (FIGO) staging system for endometrial cancer is a surgical staging system, contemporary published evidence-based data and expert opinions recommend MRI for treatment planning as it provides critical diagnostic information on tumor size and depth, extent of myometrial and cervical invasion, extrauterine extent, and lymph node status, all of which are essential in choosing the most appropriate therapy. Multiparametric MRI using a combination of T2-weighted sequences, …


Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder Jan 2022

Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder

Articles

In two recent cases, Kokesh v. SEC, and Liu v. SEC, the U.S. Supreme Court cut back substantially on one of the Securities and Exchange Commission’s most important enforcement powers. This is the ability to seek disgorgement from persons who violate the federal securities laws, depriving them of their ill-gotten gains.

Previously, the Supreme Court had developed a largely property-based theory of insider trading. Why is insider trading evil? Because material nonpublic information is property that the trader has fraudulently obtained and must not use for his own purposes

In this article I bring these thoughts together. I …


Determining Realistic U-Values To Substitute Default U-Values In Epc Database To Make More Representative; A Case-Study In Ireland., Kumar Raushan, Ciara Ahern, Brian Norton Jan 2022

Determining Realistic U-Values To Substitute Default U-Values In Epc Database To Make More Representative; A Case-Study In Ireland., Kumar Raushan, Ciara Ahern, Brian Norton

Articles

Energy Performance Certificates (EPCs) are the foremost source of information on the energy performance of the EU’s building stock. Inherent in all EPC methodologies are trade-offs between reproducibility, accuracy, assessor expertise and costs. During an assessment, where accurate building data acquisition would be excessively invasive or costly, nationally specified default values are used.

Default values are necessarily pessimistic to; avoid a better-than-merited rating, enable homeowners to know the advantage of energetic refurbishment, encourage homeowners to record upgrades informing EPCs, and propel assessors to seek-out information to provide an accurate rating.

This work reviews default U-value use across Europe and the …


Controlling Microalloy Interactions On Precipitation, Hot Ductility, And Microstructure -- Mechanical Property Relationships, Madhuri Varadarajan Jan 2022

Controlling Microalloy Interactions On Precipitation, Hot Ductility, And Microstructure -- Mechanical Property Relationships, Madhuri Varadarajan

Masters Theses

“One of the main problems faced in the continuous casting of micro-alloy steels is the formation of transverse cracks. Transverse cracks are surface, or near-surface cracks formed perpendicular to the casting direction. The research focuses on using laboratory hot tensile tests methods to determine the low ductility ranges in high strength steel grades with different micro-alloy additions of titanium, niobium, and vanadium. The hot ductility of commercially produced as-cast slab and beam blank samples was evaluated using two experimental methods: tensile testing utilizing a servo-hydraulic load frame with a resistance furnace and thermomechanical testing using rapid Joule heating. The tests …


Innovation In Adversity, Clark Asay, Stephanie Plamondon Jan 2022

Innovation In Adversity, Clark Asay, Stephanie Plamondon

Faculty Scholarship

Adverse experiences, like long-term poverty, can inhibit innovation. But as much research and many real-world examples show, adversity can also stimulate innovation. Indeed, the COVID-19 pandemic provides a number of recent examples where adverse conditions have led individuals, firms, and governments to innovate in the hope of benefiting society.

Despite the fact that some forms of adversity undermine innovation while others stimulate it, legal scholars have largely failed to distinguish between the two forms or even account for adversity's relationship to innovation when assessing innovation law and policy, including intellectual property (IP) laws. Yet given adversity's significant role in affecting …


Innovation's Hidden Externalities, Stephanie Plamondon Bair Jan 2022

Innovation's Hidden Externalities, Stephanie Plamondon Bair

Faculty Scholarship

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …


The Sociology And Psychology Of Innovation: A Synthesis And Research Agenda For Intellectual Property Scholars, Stephanie Plamondon Bair, Laura Pedraza-Fariña Jan 2022

The Sociology And Psychology Of Innovation: A Synthesis And Research Agenda For Intellectual Property Scholars, Stephanie Plamondon Bair, Laura Pedraza-Fariña

Faculty Scholarship

Intellectual Property (IP) and innovation law scholarship is generally concerned with the question of how to promote socially beneficial innovation. Until recently, the analysis brought to bear on that question in the literature has been dominated by an individual, rational-actor-centered model grounded in the neoclassical economics tradition. Under this model, individual innovators are assumed to respond to innovation incentives in rational ways, unswayed by their social environments or their own psychology.

Of course, as innovation scholars are beginning to recognize, the road to innovation is much more winding and complex than the straight path from incentive to innovation that the …


Contractual Depth, Matthew C. Jennejohn, Cathy Hwang Jan 2022

Contractual Depth, Matthew C. Jennejohn, Cathy Hwang

Faculty Scholarship

Who is the intended audience of a contract? A court, who may be called upon to resolve a dispute, is one audience. Another is commercial communities, who punish breach with reputational sanctions, per the longstanding literature on informal enforcement. This article shows how modern contracts have more intended audiences than courts and communities—instead, they are drafted with many third parties in mind, including regulators. When contracts speak to many audiences, they gain multiple layers of meaning, giving them “contractual depth.” This article draws upon a series of novel interviews with dealmakers—law firm partners, general counsel, and executives—in a wide range …


Generals Of The Resistance: Multistate Actions And Nationwide Injunctions, Elysa M. Dishman Jan 2022

Generals Of The Resistance: Multistate Actions And Nationwide Injunctions, Elysa M. Dishman

Faculty Scholarship

State attorneys general (AGs) have become leaders of the political resistance against recent presidential administrations. They are suing the federal government with increasing frequency, seeking nationwide injunctions that thwart presidential priorities and shape national policies.


Nationwide injunctions have sparked considerable debate among jurists, scholars, and policymakers. However, the largely court-centric debate has overwhelmingly overlooked the role that state litigants and litigators play in shaping criticisms of the nationwide injunction. States and AGs have unique
attributes, advantages, and incentives that allow them to frequently seek and successfully secure nationwide injunctions. And these advantages are enhanced when states litigate together. Because states …


Contractual Evolution, Matthew C. Jennejohn, Eric Talley Jan 2022

Contractual Evolution, Matthew C. Jennejohn, Eric Talley

Faculty Scholarship

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …


Delaware's Frontier, Matthew C. Jennejohn, D. Gordon Smith Jan 2022

Delaware's Frontier, Matthew C. Jennejohn, D. Gordon Smith

Faculty Scholarship

This essay, prepared for a symposium honoring Chief Justice Leo Strine, explores how institutional capacity limits the Delaware courts’ role in the U.S. economy. A decision theoretic approach is employed to delineate the boundaries of that role, with particular attention paid to recent arguments that Delaware's Caremark doctrine should be extended to ESG concerns. The essay views muscular expansion of Caremark to encompass stakeholder interests as misguided without significant investments in institutional capacity.