Digital Commons Network^™

The Politics Of Statutory Interpretation: The Hayekian Foundations Of Justice Antonin Scalia's Jurisprudence, Gautam Bhatia

UC Law Constitutional Quarterly

During his time on the Court, Justice Scalia has developed a uniquely personal approach to statutory interpretation, constituted by diverse aspects such as textualism, a rejection of legislative history, original public meaning, the use of dictionaries, a rejection of precedent, the rule of lenity, and so on. Over the years, individual aspects of his approach have been subjected to critical scrutiny. There has not yet, however, been an attempt to synthesize the various strands of his jurisprudence into one coherent framework, and to examine the normative foundations that underlie it. The need is particularly acute, because in 2012, Justice Scalia, …

Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones

UC Law Constitutional Quarterly

The last few years have seen a reinvention of the economy through the growth of the "sharing economy" or the "new economy." The sharing economy has redefined consumption in the housing context in a manner that implicates the exclusivity of the use and enjoyment of real property. However, there is a brewing conflict between this genesis and the realities of economic regulation. Recently, controversy erupted in New York after New York Attorney General Eric Schneiderman subpoenaed Airbnb's records requesting data on its hosts for the previous three years. Schneiderman contended that Airbnb hosts in New York City were violating a …

The New Data Marketplace: Protecting Personal Data, Electronic Communications, And Individual Privacy In The Age Of Mass Surveillance Through A Return To A Property-Based Approach To The Fourth Amendment, Megan Blass

UC Law Constitutional Quarterly

The Supreme Court's Fourth Amendment jurisprudence is often critiqued, particularly the Court's refusal to acknowledge the distinction between secrecy, limited disclosure, and public disclosure. The Snowden leaks only fueled the fervor. With the revelations about the National Security Agency's PRISM, XKeyscore, and similar mass surveillance programs came renewed concern and discussion about the legal and regulatory framework protecting Americans' privacy. Privacy is en vogue.

The critiques of Katz v. United States and celebrations of Justice Sotomayor's concurrence in United States v. Jones are well-worn. As an alternative, this Note proposes vesting property rights in personal data and electronic communications to …

Protecting Immigrants From Prolonged Pre-Removal Detention: When It Depends Is No Longer Reasonable, Michelle Firmacion

UC Law Constitutional Quarterly

Most undocumented immigrants who are detained pending resolution of their removal proceedings are neither criminals nor actually deportable. Many are women and children with legitimate claims for remaining in the United Sates. Yet thousands of undocumented immigrants are detained for more than six months, longer than some convicted criminals. Because of this, one might ask: how "civil" is civil immigration detention?

In 2013, the United States Court of Appeals for the Ninth Circuit imposed a bright-line rule in Rodriguez v. Robbins, establishing an undocumented immigrant's right to a bond hearing when his detention exceeds six months. This rule ensures that …

Why California's Second-Degree Felony-Murder Rule Is Now Void For Vagueness, Evan Tsen Lee

UC Law Constitutional Quarterly

In late June 2015, the U.S. Supreme Court struck down part of a federal three-strikes statute as unconstitutionally vague. Although that would seem to have nothing to do with the felony-murder rule, since the two rules would never come up in the same case, in fact the Court's rationale for finding the federal statute vague applies to California's unique seconddegree felony-murder rule all the way down the line. Like other states, California insists that the predicate felony in felony-murder be "dangerous to human life." Unlike any other state, however, California decides which felonies are dangerous not by looking at the …

Emtala: Medicare's Unconstitutional Condition On Hospitals, E. H. Morreim

UC Law Constitutional Quarterly

The Emergency Medical Treatment and Active Labor Act ("EMTALA") requires every Medicare-contracting hospital with an emergency department ("ED") to screen and stabilize anyone with an emergency condition, regardless of ability to pay. Enacted in 1986, EMTALA vastly expanded Medicare's initial focus on elderly and disabled beneficiaries and imposed enormous financial liabilities. Neither the Supreme Court nor any Circuits have addressed EMTALA's constitutionality. Although this longstanding statute may not be reconfigured any time soon, it is important to consider the constitutional legitimacy of legislation carrying such an enormous and growing impact.

This Article proposes that EMTALA violates the Fifth Amendment's Takings …

Using The Endangered Species Act To Preempt Constitutional Challenges To Gmo Regulation, Caitlin Kelly-Garrick

UC Law Constitutional Quarterly

Scientific studies show that genetically modified organisms ("GMOs") have an adverse impact on biodiversity, especially pollinating species. Enforcement of the laws regulating the introduction of GMOs into the environment has not kept pace with this finding. Under existing judicial interpretation of the GMO regulatory framework, a loophole exists by which no single agency is responsible for assessing the cumulative environmental impacts of GMOs on biodiversity. Section 7 of the Endangered Species Act ("ESA") requires the government to consult with the Fish and Wildlife Service ("FWS") when an action might endanger the continued survival of a species. This paper argues that …

Transforming Trepidation Into Transactional Lawyering, John H. Matheson

Articles

Those of us teaching the Business Associations course in law schools are almost universally presented with a combination of circumstances that provides a unique opportunity for transformative teaching. These circumstances start with the outstanding quality of our students but also include their limited educational exposure and experience in business matters, their indoctrination into the “lawyer as litigator” model of the first-year curriculum, their lack of contact with transactional and collective decision making, and their unfamiliarity with the concept of lawyer as value creator.

A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

Articles

The Intergovernmental Panel on Climate Change's (IPCC) Fifth Assessment Report presented significant data and findings about climate change. But the IPCC's working groups' summaries for policymakers avoid making normative statements about the IPCC's findings. The authors, members of the Environmental Law Collaborative, bridge this gap by identifying the normative claims that stem from the working groups' summaries to spark deeper discussion and help shape the IPCC's sixth assessment.

Comparative International Law At The Icty: The General Principles Experiment, Neha Jain

Articles

For a significant period of time, the comparativist and the international lawyer were con- sidered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law.1 Of these, one of the ripest areas for further reflection is the “general prin- ciples of law” as a source of international law. Puzzlingly, given the traditional domestic law origins of the general principles …

Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel

Articles

Gender representation in the context of large law firms has received extensive scholarly attention and has been the subject of multiple Supreme Court cases.1 Recently, Ellen Pao lost a highly publicized gender discrimination case against Kleiner, Perkins, Caufield & Byers.2 The case unveiled disturbing gender discrimination that affects the lives of many people, especially in the legal profession. With a renewed attack on the “gender gap,” and on cultural sexism in the highest areas of business and law, the question remains: where are we today? How bad is gender discrimination in these desirable fields? What disadvantages do women face and …

Fracking And The Public Trust Doctrine: A Response To Spence, Alexandra Klass

Articles

No abstract provided.

Noncontact Diffuse Correlation Tomography Of Breast Tumor, Lian He

Theses and Dissertations--Biomedical Engineering

Since aggressive cancers are frequently hypermetabolic with angiogenic vessels, quantification of blood flow (BF) can be vital for cancer diagnosis. Our laboratory has developed a noncontact diffuse correlation tomography (ncDCT) system for 3-D imaging of BF distribution in deep tissues (up to centimeters). The ncDCT system employs two sets of optical lenses to project source and detector fibers respectively onto the tissue surface, and applies finite element framework to model light transportation in complex tissue geometries. This thesis reports our first step to adapt the ncDCT system for 3-D imaging of BF contrasts in human breast tumors. A commercial 3-D …

“I Don’T Understand What You’Re Saying!”: Lessons From Three Esl Writing Tutorials, Eun-Young Julia Kim

Journal of Response to Writing

This article presents three case studies that closely examine various types of interactions taking place in writing center tutorials involving newly arrived pre-matriculated ESL writers. By learning what strategies tutors commonly use and how successfully the ESL writers negotiate their goals for the visit and the form and meaning of their text through this sample, this study aims to help identify what characterizes successful tutorials and what unique challenges English language learners might face when interacting with tutors. Results from these case studies show that it is not how many corrections tutors make or suggest for the students’ papers, but …

Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Sprung From Night Into The Sun: An Examination Of Colorado's Marijuana Regulatory Framework Since Legalization, Robert T. Hoban, Raushanah A. Patterson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Antimicrobial Efficacy Of Natural Bioactive Compounds And High Pressure Processing Against Potential Pathogens In Infant Foods, Hayriye Cetin-Karaca

Theses and Dissertations--Animal and Food Sciences

This study investigated the antimicrobial efficacy of bioactive plant compounds along with high pressure processing (HPP) against pathogens Bacillus cereus and Cronobacter sakazakii in infant formula and infant rice cereal. The influence of these applications on antimicrobial activity, shelf-life and sensory attributes of infant foods were examined.

Trans-cinnamaldehyde (TC), (-)-Epigallocatechin gallate (EGCG) and [10]-Gingerol (GI) were incorporated (0.05%) in infant rice cereal reconstituted with infant formula. The cereal was inoculated with either B. cereus (ATCC 14579) or B. cereus spores (10⁷-10⁸ log CFU g^-1). All the samples were stored at 7, 23 or 37°C for …

Determining Soil Texture By Feel, Edwin L. Ritchey, Joshua M. Mcgrath, David Gehring

Agriculture and Natural Resources Publications

Soil texture refers to the proportion of sand, silt, and clay in a soil. Texture influences almost every aspect of soil use, both in agricultural and engineering applications, and even how natural ecosystems function. Many scientists consider soil texture the most important soil property as it can influence soil/water relationships, gas exchange, and plant nutrition. Accurately determining soil texture in a lab requires time and money; therefore, it is often necessary to estimate soil texture in the field by feel, which can be very accurate if done correctly.

What Is Owed: Obligation’S Relevance In Property And Intellectual Property Theory, Kali Murray

Texas A&M Journal of Property Law

This Essay explores how Gerhart’s theory of social obligation in property law offers us an innovative way to characterize key theories in patent law. Consequently, throughout this Essay, I employ lessons from patent law that provide a concrete example of how obligations may work in various doctrinal subjects. Part I outlines the basic contours of Gerhart’s theory of obligation. Part II outlines the three basic functions of obligation in property and intellectual property theory. It is hoped that this Essay will serve a substantive function by continuing the ongoing dialogue between property law and intellectual property law in ways that …

Reflections An Property As A Social Good, Peter M. Gerhart

Texas A&M Journal of Property Law

In this reflection, Professor Gerhart relates the ideas of the symposium contributors to his goals in writing Property Law and Social Morality. In doing so, he reflects, in Part I, on his attempt to separate politics from private law property theory, and, in Part II, on how his framework theory provides a mechanism for integrating ideas about the content of legal doctrine from a wide variety of intellectual disciplines. In the first Part of his reflection, Professor Gerhart comments on the corrective justice/distributive justice distinction, related theories of human flourishing, and on rights theories. In the second Part of the …

The Cost Of Education: An In Depth Look Into Texas's Education Funding System Over The Last Two Decades, Hannah Elsaadi

Texas A&M Journal of Property Law

This Article will analyze the Texas school finance system, evaluate its challenges, and propose reforms to simplify it. Although the Texas Legislature repeatedly promotes the idea that education is a priority, there is a long history of controversy over many aspects of education, particularly funding. Thus, to fully understand the current funding and legislative dilemma, Part III will analyze the current funding scheme. Part IV will examine the history of the finance system culminating in February 2013 when a Texas District Court ruled the current school finance system is unconstitutional due to claims of adequacy and a finding that the …

Shake, Rattle, And Oil: The Environmental Impacts Of Wastewater Injection Wells On Earthquakes And Water Usage, Rebecca English

Texas A&M Journal of Property Law

This Article will delve into the possibility of wastewater injection wells as being the ultimate cause of the increased seismic activity in the United States. First it will outline the background of hydraulic fracturing and the water usage involved in the fracturing process. Next it will discuss the wastewater fluids as a by-product of the fracturing process and the resulting need for wastewater injection wells. Next this Article will outline the regulation of these fluids through the federal government and the state governments, with an emphasis on Texas and Ohio regulations. Lastly, this Article will outline two recommendations which will …

Blinded By The Light: Addressing The Growing Light Pollution Problem, Andrea L. Johnson

Texas A&M Journal of Property Law

This Article will analyze light pollution that trespasses from one property onto another’s property, and the lack of an amicable way to resolve this issue through existing laws. The growth of oil production in West Texas has led to issues with individual landowners and research organizations regarding light emitted from oil rigging lights. Specifically, the McDonald Observatory is one research facility that has been negatively impacted by the increased nightglow from artificial lighting.

Drone Nation: Policy Considerations For Allowing Commercial Small Unmanned Aircraft Systems Into The National Airspace System, Christopher Chase Poorman

Texas A&M Journal of Property Law

This Comment aims to show that current regulation, or more precisely non-regulation of commercial UAS should be modified, and operators should be allowed to conduct commercial operations without subjecting UAS to the high standards of other “aircraft.” Per Congress’s mandate, the FAA should immediately create and enforce practically sound standards for small-scale, commercial UAS that operate inside the NAS while avoiding unnecessary and costly administrative burdens. Congress should modify the currently voluntary standards, instead of mandating that operators adhere to specific commercial use guidelines without requiring an arduous approval process for commercial flight, such as the current Special Airworthiness Certificate …

Imo Comments On Fhic Ai (Analysis Of Impediments), Institute On Metropolitan Opportunity

Studies

The draft Analysis of Impediments to Fair Housing Choice completed by the Fair Housing Implementation Council is entirely inadequate. Among its most notable omissions are its failure to discuss segregation in a substantive fashion, and its refusal to analyze the role of public sector in creating impediments to fair housing.

Contracts, Persons And Property: A Tribute To Margaret Jane Radin, Ruth Okediji

Articles

In 2011, the United States was only just beginning to emerge from what some claimed to be the most significant economic crisis since the Great Depression. The devastation wrought by unregulated subprime mortgages unfolded as a political, legal, financial and social tragedy. Millions of homeowners had purchased homes for amounts they most certainly could not afford, with terms and conditions written on documents they even more certainly had never read. Many of those most severely affected were, as one might expect, racial minorities and underrepresented groups, but plenty of other members of society were also caught in the intricately woven …

Asbury Theological Seminary Academic Catalog : 2015-2016, Asbury Theological Seminary

Academic Catalogs

No abstract provided.

Community-Based Perceptions Of Emergency Care In Kenya, Morgan C. Broccoli, Emilie J.B Calvello, Alexander P. Skog, Benjamin W. Wachira, Lee A. Wallis

Emergency Medicine, East Africa

Access to quality emergency services is an essential component of the human right to health, but barriers to emergency care are found throughout Africa and the wider world. Data to support the development of emergency care are essential to improve access to care and further infrastructure development. We undertook this study to understand the community's emergency care needs and the barriers they face when trying to access care and to engage community members with developing high impact solutions to expand access to essential emergency services.

To accomplish this, we used a qualitative research methodology to conduct 59 focus groups with …

Authors Alliance: A Force To Promote Authorship For Public Good, Michael Wolfe, Adrian K. Ho

Library Faculty and Staff Publications

No abstract provided.

Intentionalism Justice Scalia Could Love, Hillel Y. Levin

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of The Nature of Legislative Intent. By Richard Ekins. Oxford: Oxford University Press, 2012. Pp. xiv + 303. Reviewed by Hillel Y. Levin