Digital Commons Network^™

Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton

Vanderbilt Law School Faculty Publications

A fundamental conceptual problem has long dogged discussions about scientific and other expert evidence in the courtroom. In American law, the problem was most famously posed by Judge Learned Hand, who asked: "[H]ow can the jury judge between two statements each founded upon an experience confessedly foreign in kind to their own? It is just because they are incompetent for such a task that the expert is necessary at all." This puzzle, sometimes known as the "expert paradox," is quite general. It applies not only to the jury as factfinder, but also to the judge as gate- keeper under the …

Patent Forfeiture, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Patent law doesn't look kindly on patent owners who engage in wrongdoing involving the patent. The U.S. Supreme Court and lower courts have refused to enforce patents tainted with inequitableness, fraud, or bad faith. This issue typically arises in patent litigation when an accused infringer asserts that the patent should be unenforceable if the patentee engaged in one of four proscribed activities: inequitable conduct (deliberate misrepresentations or omissions of material information from the Patent Office); patent misuse (anticompetitive licensing practices); unclean hands (business or litigation misconduct); or waiver/estoppel (a lack of candor before a standard-setting organization). This seems right--a patentee …

To Preserve, Release, And Litigate: Dimensions Of Executive Branch Transparency, Tracey E. George, Gbemende E. Johnson

Vanderbilt Law School Faculty Publications

The Trump campaign and presidency were marked by multiple controversies centered on transparencyor the lack thereof. Prior to his election, then‐candidate Donald Trump broke with presidentialcampaign norms by refusing to release his tax returns. Attempts by Democratic‐controlled Housecommittees and Democratic New York state officials to access President Trump's tax records werecontested by Trump at every stage. The resulting court battles lasted throughout his presidency andeventually reached the U.S. Supreme Court.The Trump White House also broke with the Obamaadministration's practice of releasing White House visitor logs, removing from public view the record ofwho visited the White House and when (Kennedy,2017). At …

Plea Bargaining's Uncertainty Problem, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself Critics' primary target is the "trial penalty." But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of "progressive prosecutors" is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …

A Structural Examination Of Organizational Justice, Self-Legitimacy, Employee Engagement, And Civic Engagement In Police, Mary Isis Wuestewald

Theses and Dissertations

Recently, the concept of police self-legitimacy has spurred research interest. Several studies have demonstrated beneficial outcomes associated with officers who are confident in their own authority. The current dissertation builds on this emerging area of study by examining the influence of organizational justice on police self-legitimacy, as well as self-legitimacy’s impact on employee engagement and civic engagement in police officers. Survey data were gathered from a sample of 1,391 officers from variously sized agencies across seven regions of the United States. Structural equation modeling was used to test the hypotheses. The results indicate that organizational justice is a key component …

El Leñador, February 2023, El Leñador Staff

El Leñador Newspaper

El Leñador is an English and Spanish newspaper produced by Humboldt State University students. Our staff cover and provide news to Latinx and other diverse communities on campus and in Humboldt County. We are committed to providing relevant news and expanding the representations and stories told about people of color and other marginalized groups. Our work helps create more social, political and cultural diversity in local media.

El Leñador es un periodico en español y inglés producido por estudiantes de la Universidad Estatal de Humboldt. Nuestro personal cubre y provee noticias a la comunidad Latinx y otras comunidades diversas en …

Diagnosing Housing Fever With An Econometric Thermometer, Shuping Shi, Peter C. B. Phillips

Research Collection School Of Economics

Housing fever is a popular term to describe an overheated housing market or housing price bubble. Like other financial asset bubbles, housing fever can inflict harm on the real economy, as indeed the U.S. housing bubble did in the period following 2006 leading up to the general financial crisis and great recession. One contribution that econometricians can make to minimize the harm created by a housing bubble is to provide a quantitative “thermometer” for diagnosing ongoing housing fever. Early diagnosis can enable prompt and effective policy action that reduces long-term damage to the real economy. This paper provides a selective …

Untangling The Additive And Multiplicative Relations Between Natural Scenery Exposure And Human-Animal Interaction On Affective Well-Being: Evidence From Daily Diary Studies, Adalia Yin Hui Goh, Shu Min Chia, Nadyanna M. Majeed, Nicole R.Y. Chen, Andree Hartanto

Research Collection School of Social Sciences

Built nature spaces have been increasingly integrated into our urban environments in recent years with the aim of reaping their psychological benefits. However, despite numerous works of research on the relationship between nature exposure and well-being, most studies have looked into the benefits of well-being from the lens of isolated elements of nature, such as natural scenery or animal exposure. This study aims to fill in the gaps by examining the additive and multiplicative relationships between natural scenery exposure and human–animal interaction on affective well-being (i.e., positive affect, negative affect, and stress) through a daily diary study. Over seven days, …

New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's …

Bidding Graph Games With Partially-Observable Budgets, Guy Avni, Ismael Jecker, Dorde Zikelic

Research Collection School Of Computing and Information Systems

Two-player zero-sum graph games are a central model, which proceeds as follows. A token is placed on a vertex of a graph, and the two players move it to produce an infinite play, which determines the winner or payoff of the game. Traditionally, the players alternate turns in moving the token. In bidding games, however, the players have budgets and in each turn, an auction (bidding) determines which player moves the token. So far, bidding games have only been studied as fullinformation games. In this work we initiate the study of partial-information bidding games: we study bidding games in which …

Antibody Therapies For The Treatment Of Acute Myeloid Leukemia: Exploring Current And Emerging Therapeutic Targets, Joshua W Morse, Margarita Rios, John Ye, Adan Rios, Cheng Cheng Zhang, Naval G Daver, Courtney D Dinardo, Ningyan Zhang, Zhiqiang An

Faculty, Staff and Student Publications

INTRODUCTION: Acute myeloid leukemia (AML) is the most common and deadly type of leukemia affecting adults. It is typically managed with rounds of non-targeted chemotherapy followed by hematopoietic stem cell transplants, but this is only possible in patients who can tolerate these harsh treatments and many are elderly and frail. With the identification of novel tumor-specific cell surface receptors, there is great conviction that targeted antibody therapies will soon become available for these patients.

AREAS COVERED: In this review, we describe the current landscape of known target receptors for monospecific and bispecific antibody-based therapeutics for AML. Here, we characterize each …

A Complete Methyl-Lysine Binding Aromatic Cage Constructed By Two Domains Of Phf2, John R Horton, Jujun Zhou, Qin Chen, Xing Zhang, Mark T Bedford, Xiaodong Cheng

Faculty, Staff and Student Publications

The N-terminal half of PHF2 harbors both a plant homeodomain (PHD) and a Jumonji domain. The PHD recognizes both histone H3 trimethylated at lysine 4 and methylated nonhistone proteins including vaccinia-related kinase 1 (VRK1). The Jumonji domain erases the repressive dimethylation mark from histone H3 lysine 9 (H3K9me2) at select promoters. The N-terminal amino acid sequences of H3 (AR2TK4) and VRK1 (PR2VK4) bear an arginine at position 2 and lysine at position 4. Here, we show that the PHF2 N-terminal half binds to H3 and VRK1 peptides containing K4me3, with dissociation constants (KD values) of 160 nM and 42 nM, …

2023 February, Morehead State University. Office Of Communications & Marketing.

Morehead State Press Release Archive, 1961 to the Present

Press releases for February of 2023.

The City Never Sleeps: But When Will Investment Banks Wake Up To The Climate Crisis?, Theodor Florian Cojoianu, Andrea G. F. Hoepner, Fabiola I. Schneider, Michael Urban, Anh Vu, Dariusz Wojcik

Research Collection College of Integrative Studies

Using a global dataset of over 840,000 equity, bond and syndicated loan investment banking deals, we build the fossil fuel investment brokerage profile of financial centres worldwide between 2000 and 2018. We also study whether city-level fossil fuel divestment commitments and country-level green banking policies impact the profile of fossil fuel financial centres over our study timeframe. We find that several financial centres shift their fossil fuel investment brokerage profiles substantially, including the asset classes in which they are active. However, we do not find any evidence that this is driven by city-level divestment commitments. In contrast, we find that …

Testimony To The Senate Judiciary Committee By The Era Project At Columbia Law School And Constitutional Law Scholars On Joint Resolution S.J.Res. 4: Removing The Deadline For The Ratification Of The Equal Rights Amendment, Katherine M. Franke, Laurence H. Tribe, Geoffrey R. Stone, Melissa Murray, Michael C. Dorf

Faculty Scholarship

The Equal Rights Amendment Project at Columbia Law School (ERA Project) and the undersigned constitutional law scholars provide the following analysis of S.J.Res. 4, resolving to remove the time limit for the ratification of the Equal Rights Amendment (ERA) and declaring the ERA fully ratified.

Co-Authorship Between Photographers And Portrait Subjects, Molly Torsen Stech

Vanderbilt Journal of Entertainment & Technology Law

work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole, the authors are considered joint authors. For photographic works, judicial precedent establishes that the creative contributions necessary to support a copyright claim include the author’s choices concerning elements such as lighting, pose, garments, background, facial expression, and angle. In many visual works, however, those creative elements are determined not solely by a photographer, but also by the subject, who can sulk or smile, stand with good posture or stoop, and be situated in full light or obfuscated by shadow, among many other options. …

The Data Trust Solution To Data Sharing Problems, Kimberly A. Houser, John W. Bagby

Vanderbilt Journal of Entertainment & Technology Law

A small number of large companies hold most of the world’s data. Once in the hands of these companies, data subjects have little control over the use and sharing of their data. Additionally, this data is not generally available to small and medium enterprises or organizations who seek to use it for social good. A number of solutions have been proposed to limit Big Tech “power,” including antitrust actions and stricter privacy laws, but these measures are not likely to address both the oversharing and under-sharing of personal data. Although the data trust concept is being actively explored in the …

How Free Should A Freeport Be?: Reducing Money Laundering In The Art Market Through Freeport Regulation, Cates Grier Saleeby

Vanderbilt Journal of Entertainment & Technology Law

The tax incentives that luxury freeports provide have created opportunities for money laundering and other forms of financial crime through the sale of art. The use of such institutions in combination with the anonymity that art transactions allow can create a series of transactions that are difficult to track, making the market ripe for corrupt behavior. Legislation like the Anti-Money Laundering Act, the Bank Secrecy Act, and the Money Laundering Control Act have helped reduce financial crime, but an approach more narrowly tailored to the art market and the freeports that enable its high value sales would further the goals …

Colorado Appeals Court Issues Second Ruling Against Masterpiece Cakeshop And Jack Phillips, Arthur S. Leonard

Other Publications

No abstract provided.

Ninth Circuit Denies En Banc Rehearing In Washington Conversion Therapy Case, Setting Up Possible Supreme Court Review, Arthur S. Leonard

Other Publications

No abstract provided.

Professional Notes, Arthur S. Leonard

Other Publications

No abstract provided.

International Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Legislative & Administrative Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Prisoner Litigation - Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Civil Litigation - Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Guatemalan Petitioner Wins Remand Of Asylum Claim On Several Grounds By 9th Circuit Panel, Arthur S. Leonard

Other Publications

No abstract provided.

Race-Ing Antitrust, Bennett Capers, Gregory Day

Michigan Law Review

Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.

We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …

Repugnant Precedents And The Court Of History, Daniel B. Rice

Michigan Law Review

Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.

The Court recently sidestepped these difficulties by insisting that one of its …

Mooting Unilateral Mootness, Scott T. Macguidwin

Michigan Law Review

Several situations cause a case to be moot. These include settlement agreements, party collusion, changes in litigant status, and extrinsic circumstances thwarting the court from granting any relief. The final reason is unilateral mootness—when a defendant ends a lawsuit against a plaintiff’s wishes by giving them everything for which they ask. In practice, this allows defendants to strategically stop lawsuits when it is clear they are not going to win. By doing so, they prevent the court from handing down adverse precedent and preserve the opportunity to engage in similar behavior with impunity. Courts have established a series of mootness …

Recognizing The Right To Family Unity In Immigration Law, Eugene Lee

Michigan Law Review

The Trump Administration’s travel ban and separation of families at the U.S.- Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court’s line of privacy rights cases, the right to family unity is amorphous. This ambiguity has given rise to disagreement regarding not only legal doctrine surrounding the right but also whether the right even exists. This Note clarifies this disagreement by offering a historical account of the right to family unity and an overview of three …