Digital Commons Network^™

Fixing Mfw: Fairness And Vision In Controller Self-Dealing, Zohar Goshen, Assaf Hamdani, Dorothy S. Lund

Faculty Scholarship

The legal regime governing controlling shareholders relies on the ability of Delaware courts to police conflicted transactions under the stringent "entire fairness" standard of review. This review involves both implicit valuation – evaluating the transaction process, and explicit valuation – assessing the fairness of the transaction's financial terms. This Article reveals a critical flaw in this regime: courts cannot reliably engage in valuation when the transaction involves an entrepreneur's idiosyncratic vision for the company. As a result, there is a gaping hole in Delaware's framework for policing the fairness of controller transactions.

Delaware courts have developed guardrails to avoid judicial …

Into The Legal “Twilight Zone”: State Tenth Amendment Jurisdiction Displacing Climate Supremacy, Steven Ferrey

Lewis & Clark Law Review

The Supremacy Clause of the Constitution notwithstanding, western states have utilized their reserved Tenth Amendment Constitutional authority, upheld by federal circuit courts, arbitrarily to block their adjacent states’ sustainable infrastructure to address climate change. The Biden Administration set in motion a rapid electrification of the entire U.S. economy via three different new laws enacted sequentially in 2021, 2022, and 2023. A re-directed federal executive branch now oversees these programs and laws. This Article analyzes how each of those three laws suffers from a critical omission plaguing this most significant infrastructure program in the last half century—now forecast counter-intuitively by some …

The Public Trust Doctrine And Lake Abert: Saving Oregon’S Only Salt Lake, Joseph Arzt

Lewis & Clark Law Review

The public trust doctrine creates a relationship between states and their citizens under which the states are entrusted with protecting natural resources for public use. Though Oregon recognizes the public trust doctrine, recent decisions from Oregon’s Supreme Court have displaced and fractured this doctrine, leaving the current legal landscape surrounding the public trust doctrine in disarray. This Note focuses on Lake Abert, Oregon’s only saline lake, which in recent years, due to mismanagement and neglect, has undergone dramatic ecological shifts. By looking at arguments rooted in Oregon’s Constitution, as well as judicial approaches taken in neighboring states, this Note examines …

The Alchemy Of Sin: Turning Tobacco Sin Tax Revenue Into Public Health Gold, Audre L. Sylvester

Lewis & Clark Law Review

This Note proposes a reallocation of tobacco excise tax revenue towards health and education programs related to tobacco cessation. Revenue collected from federal excise taxes on tobacco products is currently used to support the daily and long-term operations of the United States while tobacco cessation and education programs remain underfunded and underutilized. This Note examines the history of these “sin taxes,” their modern-day function, and the issues that arise from the current allocation of sin tax revenue to support the argument that revenue from federal sin taxes on tobacco products should be exclusively allocated to a dedicated federal trust fund …

Masthead And Table Of Contents, Lewis & Clark Law Review

Lewis & Clark Law Review

Table of Contents, masthead, editorial board, and faculty advisors for Lewis & Clark Law Review Volume 29, Issue 1, 2025.

Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal

Lewis & Clark Law Review

Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples’ histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (“Court”), the Court has been reluctant to afford them significant weight. This Article, which is the first detailed study on the Court’s treatment of oral traditions, examines whether the Court is failing to provide them due or appropriate weight. Based on historical, archaeological, and anthropological research, it establishes that oral traditions can be as reliable as written documents for reconstructing …

Admitting Science: Problems With Current Admissibility Standards, William O'Donohue, Sneha Gupta

Lewis & Clark Law Review

Attorneys use expert testimony to advance legal positions in courtrooms. Because expert testimony can have tremendous influence over judges and juries, it is admitted only if it meets specific admissibility standards, i.e., Frye and Daubert. These standards provide different admissibility criteria, have been adopted by distinct sets of jurisdictions, and, we argue, are of questionable validity. These standards are attempts to ensure that only knowledge is admissible and are, then, essentially an epistemic matter. Science serves as a proxy for knowledge because science is the epistemic process that has been successful at generating knowledge. However, both epistemology and the philosophy …

Cause Of Death? -- It's Probably Not What's Reported On The Death Certificate, Lauren R. Roth

Lewis & Clark Law Review

In the age of big data, this country has a data problem—inaccurate and incomplete information in death certificates. The problem has long been hidden by the numbers reported—as have the people whose deaths go uncounted, but the COVID-19 pandemic unveiled the scope of the issue. Since the beginning of the pandemic, “excess deaths” (i.e., any deaths above the number predicted by existing mortality models) have increased significantly. Most of these excess deaths are likely attributable to COVID-19 because the decedent was never tested for COVID-19 or it was one of multiple factors contributing to their death. Other deaths are uncounted …

Survival Of The Social Interest: Redefining The Bruen Standard To Protect Women From Violence Through United States V. Rahimi, Katelyn M. Sundstrom

Lewis & Clark Law Review

This Note explores the intersection of gun rights and gender-based violence within the U.S. legal system. It delves into the pervasive issue of domestic violence and explores the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of “interest balancing” in evaluating gun regulations in favor of a purely historical and traditional approach. This shift placed significant legal scrutiny on existing firearm restrictions, including 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms.

The analysis centers on the 2023 case United States v. Rahimi, …

Retirement (In)Security: A Closer Look Into The United States' Retirement Crisis, Josepheen Strauss

Lewis & Clark Law Review

The retirement system in the United States is typically thought to consist of Social Security, pension plans, and personal savings. Despite the availability of various methods to save money, Americans are struggling more than ever to adequately prepare for retirement. This Note examines the current structure of the retirement system in the United States and the shortcomings of the system as it stands today. This Note proposes changes that re-envision the United States’ current retirement system to allow Americans to maximize their retirement savings during their time in the work force, with the hopes of allowing retirees to start their …

When The “Attorney Work Product” Is A New Baby: The Case For Parental-Leave Continuance Rules, Michelle Browning Coughlin

Lewis & Clark Law Review

Parental-Leave Continuance Rules (PLCRs) are gender-neutral procedural rules that provide specific frameworks to courts for granting requests for a continuance of a scheduled legal proceeding or deadline if a necessary counsel is unavailable because they or their parenting partner will be experiencing a birth, adoption, or foster placement of a child. Existing laws protecting parental leave in the United States are tied to employment; and since courts are not generally the employers of attorneys appearing before them, they are not obligated to honor an attorney’s parental leave when scheduling a trial or other legal proceeding. While continuances are granted in …

The Legal Ramifications Of Israel’S Destruction Of Gaza’S Healthcare System, Serene Mistkawi

Lewis & Clark Law Review

This Comment argues that Israel’s attacks on the medical infrastructure of Gaza are a violation of international law because hospitals are protected zones and medical personnel are civilians. To Israel’s response that Hamas is attack-ing from hospitals, thereby rendering them legitimate targets, this Comment presents a number of responses: (1) there is little to no evidence that Hamas is doing this; (2) even if Hamas is doing this, the military gains from attacking hospitals are outweighed by the civilian deaths; (3) even if Hamas is doing this and there is significant military gain from attacking hospitals, the interna-tional rules have …

Middlemen At A Price: The Role Of State-Level Laws In Restricting Pharmacy Benefit Managers, Patrick W. Schrader

Lewis & Clark Law Review

Pharmacy Benefit Managers (PBMs) have evolved from simple third-party payors into powerful intermediaries controlling prescription drug access for over 289 million Americans. Operating with minimal federal oversight, just six PBMs dominate 96% of the market, employing practices that systematically increase drug costs while claiming to reduce them. This Comment examines four primary mechanisms through which PBMs exploit the pharmaceutical supply chain: rebate manipulation, spread pricing, step therapy requirements, and formulary control. Federal regulatory efforts remain nascent and ineffective. The Centers for Medicare and Medicaid Services requires only basic reporting without substantive restrictions. Proposed federal legislation has repeatedly stalled, leaving states …

Altering Rules: The New Frontier For Corporate Governance, Gabriel Rauterberg, Sarath Sanga

Faculty Scholarship

Corporate law has taken a contractarian turn. Shareholders are increasingly contracting around its foundational rules — statutory rights, the fiduciary duty of loyalty, even the central role of the board — and Delaware courts are increasingly enforcing these contracts. In the one case where they did not, the legislature swiftly overruled the decision and adopted a new statutory provision permitting boards to completely cede their powers to a shareholder by contract. These developments have sparked a polarized debate, with some calling for a return to mandatory rules, while others push for total contractual freedom.

We argue, however, that the best …

Competitive Populism, Madhav Khosla

Faculty Scholarship

The preoccupation of comparative constitutional lawyers over the past decade or so has been the rise of authoritarian populism. This chapter focuses on one possible pathway that might follow our present political moment: competitive populism. This phase will involve a certain kind of institutional vacuum: the prior institutions, associated with liberal constitutional democracy, will not lend themselves to being rebooted. In reflecting on this possible future, this chapter explores the nature and form of deinstitutionalization that has occurred under authoritarian populism, and the elements that define the emerging constitutional framework. The implication here is that what will be crucial …

Comparison Of Cnn And Lstm Networks On Human Intention Prediction In Physical Human-Robot Interactions, Khosro Ghorbani Zadeh, Niloofar Zendehdel, George L. Holmes, Keyri Moreno Bonnett, Amy Costa, Devin Michael Burns, Ming-Chuan Leu, Yun Seong Song

Psychological Science Faculty Research & Creative Works

Advancements in robotics and AI have increased the demand for interactive robots in healthcare and assistive applications. However, ensuring safe and effective physical human-robot interactions (pHRIs) remains challenging due to the sophistication of human motor communication and intent recognition. Traditional physics-based models struggle to capture the dynamic nature of human force interactions, limiting robot adaptability. To address these limitations, neural networks (NNs) have been explored for force-movement intention prediction. While multi-layer perceptron (MLP) networks show potential, they struggle with temporal dependencies and generalization. Long Short-Term Memory (LSTM) networks effectively model sequential dependencies, while Convolutional Neural Networks (CNNs) enhance spatial feature …

Balance Assistance Without Mechanical Support Using A Virtual Cane With Haptic Feedback, Sindhu Reddy Alluri, Sambad Regmi, Fazlur Rashid, Devin Michael Burns, Yun Seong Song

Psychological Science Faculty Research & Creative Works

Light Touch (LT) has been known to improve standing balance without mechanical support by providing sensory information about the movement of the body. Inspired by this, this work developed a Virtual Cane (VC) which gives no physical support but provides other sensory information that a physical cane would. The VC is developed with a distance sensor and vibration actuators to provide cane tip-to-ground distance information to the user. The extent to which this haptic feedback improves standing balance was assessed in a human experiment. 10 healthy young participants underwent a standing balance experiment with tandem stance and eyes closed, using …

Great Lakes Wave Height Trends, Erv Kraft, Brian Barkdoll

Michigan Tech Publications

With the advent of the industrial revolution, greenhouse gases have been emitted into the atmosphere causing the alteration of weather across the globe. These gases have caused the global temperature to warm. This has also caused a change in precipitation, wind speeds, and wave heights. The Great Lakes have many cities located on their shores and millions of people are affected by waves. Effects include shoreline erosion, infrastructure damage, and loss of valuable property and lives. It is imperative to future planning and engineering that the trends of wave height are understood. This study uses linear regression, a well-known and …

You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand

Fordham Urban Law Journal

No abstract provided.

Balancing The Scales: The Case For County-Determined Noneconomic Damages Caps In Medical Malpractice Claims, Matthew Lista

Fordham Urban Law Journal

No abstract provided.

Don’T Black Lives Matter? Confronting The Problem Of Disproportionate Black Victimization, Paul H Robinson, Jeffrey Seaman

Fordham Urban Law Journal

No abstract provided.

Advancing Race-Conscious Remedies By Addressing Past Government Discrimination In Homeownership, Dan Sweeney

Fordham Urban Law Journal

No abstract provided.

Semi-Quantitative Elemental Imaging Of Corrosion Products From Bioabsorbable Mg Vascular Implants In Vivo, Weilue He, Keith W. Macrenaris, Adam Griebel, Maria P. Kwesiga, Erico Freitas, Amani Gillette, Jeremy Schaffer, Thomas V. O'Halloran, Roger J. Guillory Ii

Michigan Tech Publications

While metal materials historically have served as permanent implants and were designed to avoid degradation, next generation bioabsorbable metals for medical devices such as vascular stents are under development, which would elute metal ions and corrosion byproducts into tissues. The fate of these eluted products and their local distribution in vascular tissue largely under studied. In this study, we employ a high spatial resolution spectrometric imaging modality, laser ablation inductively coupled plasma time-of-flight mass spectrometry (LA-ICP-TOF-MS) to map the metal distribution, (herein refered to as laser ablation mapping, or LAM) from Mg alloys within the mouse vascular system and approximate …

Bringing Union Power Home: Unions And The Fight For Housing Justice, Jeremy Blasi, Zoe Tucker

Fordham Urban Law Journal

No abstract provided.

Color Development Of Direct Acidified Pork Sausage Containing Alternative Curing And Reducing Agents, Jacob R. Tuell, Harley Francis, Sydney Bentz, Ashley R. Pitti, Morgan L. Denzer, Derico Setyabrata

Animal Science Faculty Publications and Presentations

This study evaluated the inclusion of preconverted alternative cures (celery powder [CELERY], beet powder [BEET]) compared to conventional sodium nitrite (NaNO2 [NITRITE]) formulated to 125 ppm of ingoing nitrite (NO2) in pork sausage acidified with encapsulated citric acid. Formulations included cherry powder (CHERRY) at 1000 ppm as an alternative cure accelerator, conventional sodium erythorbate (ERYTH) at 547 ppm, or no cure accelerator (NONE). The application of a holding period (OVERNIGHT) or not (IMMEDIATE) prior to thermal processing was evaluated. Batches (n = 3) were prepared in a 3 x 3 x 2 factorial arrangement of cures, accelerators, and holding periods. …

Effects Of Variable Nitrogen Fertilization Rates And Dried Distillers Grains Plus Solubles Supplementation On Forage Use, Animal Performance, And Economic Outcomes Of Steer Calves Grazing Winter Wheat Pastures, Cody E. Gruber, Miriam A. Snider, Michelle L. Johnson, Tom Hess, Elizabeth B. Kegley, J. Daniel Rivera, James A. Mitchell, M. Shane Gadberry

Animal Science Faculty Publications and Presentations

With the continued increase of fertilizer prices, stocker cattle producers may utilize alternative management strategies to mitigate costs and extend the grazing season to achieve better utilization of a wheat (Triticum aestivum L.) crop. One potential strategy is to reduce pasture nitrogen (N) fertilization rates combined with animal dietary supplementation. In this 3-year (yr) study, wheat pastures (1.62-hectare (ha)) were stocked at fixed rates of 2.47 and 4.94 steer/ha in the fall and spring respectively. Nitrogen was applied as urea to experimental pastures at three different rates: 1) 100.9 (100N), 2) 134.5 (135N), and 3) 168.1 kg N/ha (168N). These …

Efficacy Of Stress Acclimation Techniques In Coastal Wetland Plants (Spartina Alterniflora And S. Patens): Implications For Restoration And Nursery Production, Taylor M. Sloey, Kylie D. Gieser, Kaitlyn Pounders, Sofía E. Báez, Jennifer L. Whytlaw

Biological Sciences Faculty Publications

The implementation of coastal nature-based features, created wetlands, and wetland restoration has increased globally over recent years. Many of these projects have been successful in meeting their goals, however, when projects fail, it is often attributed to mortality of transplanted vegetation. Transplant mortality may be due to inappropriate timing, poor site selection, or abiotic stressors associated with transplant shock. Science-backed guidelines have been well established in many coastal regions regarding site specifications and species selection, but nursery practices for reducing transplant shock remain inconsistent. In this study, we tested a combination of four salinity acclimation treatments and two inundation acclimation …

Multifunctional Nanoscale Pigments: Emerging Risks And Circular Strategies For A Sustainable Future, Ajay Vikram Singh, Preeti Bhardwaj, Vimal Kishore, Sunil Choudhary, Akihiko Hirose, Neha Gupta, Madleen Busse, Swarn Lata Singh, Christopher J. Osgood

Biological Sciences Faculty Publications

The substantial penetration of nanoscale pigments into a range of sectors has changed the dynamics of industries such as medical, material science, and many more. Nonetheless, their persistence in the environment and probable adverse impacts on health require that an assessment of such risks be formulated considering the One Health perspective. This viewpoint considers the crossing of boundaries of progress in the nanotechnology of nanoscale pigments with environmental, animal, and human health and emphasizes the significance of collaborative activity. Traditional perspectives explain the distribution of pigment history, while the nanotechnology of today's accessibility poses problems regarding utilization, toxicities, and interactions …

Anthropocene Genetic Diversity Loss In The Marine Tropics, René D. Clark, Brendan N. Reid, Eric Garcia, Marial Malabag, Robin S. Waples, Rene A. Abesamis, Jemelyn Grace P. Baldisimo, Abner A. Bucol, Kyra S. Fitz, Sharon F. Magnuson, Richard N. Muallil, Cleto L. Nanola Jr., Roy Roberts, John C. Whalen, Christopher E. Bird, Kent E. Carpenter, Malin L. Pinsky

Biological Sciences Faculty Publications

Genetic diversity is a crucial component of biodiversity, and as such, its maintenance and preservation is of high conservation concern. Tropical environments are undergoing intense rates of environmental change, and these changes may be driving large declines in genetic diversity. However, data on genetic diversity are highly skewed towards temperate regions. The degree to which diversity loss has occurred in tropical species, particularly marine species, remains an open and important question. Here, we directly compare genomic data from modern and museum collections of two commercially-harvested nearshore marine fishes (Equulites laterofenestra and Gazza minuta) gathered from a single location …

Description Of All Stages Of A New Tick Species From California Haemaphysalis Vespertina (Acari: Ixodidae), With Redescription Of H. Leporispalustris Packard, 1869 Adults And Phylogenetic Relationships Among Related U.S. Taxa, Andrea Egizi, Santiago Nava, Angie Nakano, Megan E. M. Saunders, Lauren P. Maestas, Autumn D. Angelus, Bruce Noden, Robyn M. Nadolny, Waheed I. Bajwa, Charles Lubelcyzk, Chanakya R. Bhosale, Susan Paskewitz, Holly D. Gaff, Lorenza Beati

Biological Sciences Faculty Publications

All active stages of Haemaphysalis vespertina sp. nov. (Acari: Ixodidae), a tick previously identified as H. leporispalustris Packard, 1869, are described from specimens collected on the vegetation and from leporids in California and Oregon. The adults of H. leporispalustris Packard, 1969 are redescribed based on type material. Adults of the two species can be distinguished by their overall size, the dorsal shape of palpal segment II, the number and shape of dorsal and ventral setae on palpal segment II, the number of spurs on coxae II, the length of setae on scutum, legs and coxae, and the pattern of scutal …