Digital Commons Network^™

Erie And Enforceability Of Forum Selection Clauses, Patrick Woolley

American University Law Review

Whether and to what extent state law governs the contractual validity of forum selection clauses in federal court remains highly contested. This Article argues for a two-part answer.

State law should govern whenever a party seeks a § 1404(a) transfer of venue within the federal judicial system. The Court has insisted that the choice-of-law rules of the state to which the suit is transferred govern when transfer is required by a contractually valid clause. That insistence accords with the Erie policy of vertical uniformity between state and federal courts only if the law of the state in which the transferring …

Scientific Educations Among U.S. Judges, Christa J. Laser

American University Law Review

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% of federal judges have majors in …

Fixing Double Patenting, Mark A. Lemley, Lisa Ouellette

American University Law Review

The U.S. patent doctrine of "double patenting" allows an inventor to obtain many patents on obvious variants of the same invention as long as they file a "terminal disclaimer" agreeing that all of these patents will expire simultaneously. Two recent limitations on double patenting practice have led

to vigorous protest from the patent bar. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day, even if one of the patents has received a patent term adjustment giving it a more-than-twenty-year term. Second, the USPTO proposed a rule (since withdrawn) …

Letter From The Editor, Peter T. Sabini

American University Law Review

No abstract provided.

Unconstitutionil: Name, Image, And Likeness State Laws In The Postamateurism World Of College Sports, Bryan Dearinger

American University Law Review

College sports stands at its biggest inflection point in a century. Amateurism is almost dead, and the ability to benefit from their name, image, and likeness (NIL) is here to stay. Scholars, lawyers, and policymakers are quick to congratulate state legislatures, criticize the National Collegiate Athletic Association (NCAA), and propose blueprints for Congress to fix the NIL regime in college athletics. But the incentives for dismantling the old regime are not shared between schools and the NCAA, so nothing happens. A collective action problem exists in the NIL space. Using a commons dilemma lens, this Article argues why NIL laws …

Best Kept Secret: The Hidden Health Costs Of Corporate Confidentiality, Cynthia M. Ho

American University Law Review

Although patents are well known to negatively impact health when drugs are unaffordable, trade secrets also harm health, and in more ways than patents. Patented drugs harm public health simply by temporarily increasing prices on treatments. Trade secrets, on the other hand, can not only increase treatment costs, but also hide knowledge needed for effective medical treatment. Also, because patents, but not trade secrets, have a limited term, patent health harms clearly terminate while trade secret harms do not. Moreover, the public may not even be fully aware of all trade secret health harms because trade secret information is, by …

Uncorking The Twenty-First Amendment: A Spirited Exception To Distill The Dormant Commerce Clause, Lars Emerson

American University Law Review

Few goods have played as potent a role in shaping constitutional doctrine as alcohol. By repealing national Prohibition and granting states sweeping authority to regulate intoxicating liquors within their borders, the Twenty-first Amendment carved out a singular exception in American constitutional law—one that has long stood in tension with the Dormant Commerce Clause (“DCC”), which prohibits states from discriminating against interstate commerce.

This Note surveys the constitutional landscape created by the Twentyfirst Amendment, beginning with a historical overview of DCC jurisprudence, the Prohibition era, and the legislative history of the Twenty-first Amendment. The analysis then focuses on the uneasy constitutional …

Still Here: Reflections After Fifty Years Of Teaching Law, Ira P. Robbins

American University Law Review

No abstract provided.

The Right To Acquire Property, John G. Sprankling

American University Law Review

Can government prohibit the acquisition of all types of property? The intuitive answer to this question is “no.” But why? Is there a constitutional right to acquire property? And, if so, how does it apply if government merely prohibits acquisition of a certain type of property, such as contraceptives?

The Fourth, Fifth, and Fourteenth Amendments restrict when property may be “taken” or “seized” and when a person may be “deprived” of property. Thousands of law review articles and hundreds of books have analyzed the scope of these provisions. But almost no modern attention has been devoted to their logical counterpart—the …

The Paradox Of Continuing Risk, W. Jonathan Cardi, Ashton Jenne, Chance Villarreal

American University Law Review

The continuing-risk rule is ubiquitously cited by Restatements, casebooks, and treatises as a core duty rule in negligence cases. Indeed, as this Article reveals, the rule has been “adopted”—in the sense that at least one court in a jurisdiction has applied the rule, and no court has rejected it—in thirty-one jurisdictions. In addition to the breadth of its adoption, the continuing-risk rule is also far-reaching: it imposes an affirmative duty to warn, protect, or rescue another from a risk if the defendant’s conduct contributed to the initial creation of that risk. Because most negligence cases involve risk-creating conduct by the …

The Warrant Exception That Isn't Fisa Section 702, "Defensive" Searches, And The Fourth Amendment, Noah C. Chauvin

American University Law Review

Section 702 of the Foreign Intelligence Surveillance Act allows the government to conduct warrantless electronic surveillance of non-Americans who are located overseas. Although the surveillance targets foreigners, Americans’ communications are “incidentally” collected, too. Once the government has acquired Americans’ communications, court-approved rules allow it to conduct warrantless searches for and through them in its Section 702 databases. Intelligence agencies have used these rules to turn this foreign intelligence program into a domestic spying tool, conducting tens of thousands of warrantless “backdoor” searches for Americans’ private communications obtained under Section 702 every year.

Section 702 periodically sunsets; Congress most recently reauthorized …

Personal Jurisdiction’S Aberrant Theory Of Consent, Roger Michalski

American University Law Review

Consent has been a pillar of personal jurisdiction doctrine at least since Pennoyer. The Supreme Court recently strengthened this pillar by deeming a corporate registration statute to constitute consent. Consent to submit to a court’s adjudicatory power can now be unintentional, based on inaction, is irrevocable, does not have to be informed, is all-or-nothing, and is blind to power inequalities. Failing to say “no” at the right time in the right way means “yes.”

Such a theory of consent clashes with what consent means elsewhere. In other contexts, we are reminded that “no means no,” the “absence of no does …

The Software Inducement Paradox, Dylan Niederland

American University Law Review

Induced patent infringement allows a third party to be held liable for another’s direct infringement of a patent. For many years, inducement liability has been a hotly contested doctrine of patent law, specifically its applications in the pharmaceutical industry. Not unsurprisingly, vast literature exists covering the intersection of inducement liability and pharmaceuticals.

This Note takes a new approach, analyzing inducement liability as it relates to the software industry. Specifically, this Note criticizes the Federal Circuit’s holding in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. that a simple statement of equivalence is sufficient to induce users to infringe method-of-use patents that …

Calliope, Georgia Southern University

Calliope Magazine

Volume 43

Walking On The Gray: An Existentialist Exploration Of The Possibility Of The Self In The System Of The School, Craig Pope

College of Graduate Studies: Theses & Dissertations

This dissertation explores the system of the modern public school, particularly at the middle school level, and its deleterious effect on the process of being and becoming a person for students and teachers. The discussion of the self being and becoming an individual is grounded in the religious existentialist philosophy of Soren Kierkegaard and Paul Tillich. For both thinkers, being and becoming an individual involves finding equilibrium between various poles – finitude versus infinitude, and necessity versus possiblity. Michel Foucault’s exploration of the prison system is put in conversation with the discipline practices of middle schools to delineate how power …

Multiphysics Modeling Of Solid Oxide Fuel Cells For Gradient Minimization And Inductive Loop Analysis In Impedance Spectroscopy Using Machine Learning-Based Microstructural Property Estimation, Muhammad Usman Khan

College of Graduate Studies: Theses & Dissertations

Solid oxide fuel cells have significant advantages in renewable energy utilization due to their high efficiency, fuel flexibility, and low emissions. However, despite the numerous efforts of technology, thermal and current density gradients and impedance behavior fluctuations are still causing performance degradation. A combined computational framework that integrates machine learning and three-dimensional Multiphysics modeling is needed to investigate and optimize the performance of solid oxide fuel cells. A machine learning model, trained on synthetic microstructure data by percolation analysis, is used to predict important microstructural parameters like triple phase boundary density and geometric tortuosity. These are then employed in a …

Enhancing The Mechanical Properties Of Sla 3d-Printed Bio-Resin From Linseed Oil Using Cellulose And Lignin Biopolymers, Chukwunonso A. Ikedionu

College of Graduate Studies: Theses & Dissertations

Abstract

This research explores the development of bio resin from linseed oil by the process of epoxidation and acrylation to produce acrylated epoxidized linseed oil (AELO). Lignin and cellulose biopolymers were added as reinforcement at varying weight fractions of 1 wt.%, 2.5 wt.%, and 5 wt.%, and their mechanical performance was compared against pure AELO. The formulations were printed using an Elegoo SLA 3D printer to create standardized test specimens like tensile bars, compression cylinders, and hardness blocks, which were all prepared according to the ASTM testing standard.

The results indicate that reinforcement effects depend on both filler type and …

The Importance Of Supply Chain Management In Improving Maternal, Newborn, And Child Health, Tamah Kamlem, Katie M. Mercer

Eagles Talking About the Public’s Health

No abstract provided.

Exploring The Challenges And Interventions For Type 1 Diabetes In Young Children, Patra Chisom Ezeamii, Nenrot Gopep, Ho-Jui Tung

Eagles Talking About the Public’s Health

No abstract provided.

Harmonizing Healing: Integrating Traditional/Cultural Remedies And Western Medicine For Chronic Pain Management In Immigrant Populations, Doreen Ugwu, Samuel T. Opoku

Eagles Talking About the Public’s Health

No abstract provided.

Healthy Homes, Healthy Lives: An Essential Call To Action For Public Health, Samuel Mbadu, Santino Oifoh, Katie M. Mercer, Atin Adhikari

Eagles Talking About the Public’s Health

No abstract provided.

The Important Role Of Health State Departments In The Surveillance And Control Of Tick-Borne Diseases, Seun Abiola, Marina Eremeeva

Eagles Talking About the Public’s Health

No abstract provided.

The Silent Transition: Lack Of Awareness Of Perimenopause Leaves Women Unprepared, Tara Hassani Goodarzi, Joanne Chopak-Foss

Eagles Talking About the Public’s Health

No abstract provided.

Enhancing Malaria Prevention: Barriers To Expanding Vaccine Access In Sub-Saharan Africa, Nenrot Gopep, Patra Chisom Ezeamii, Ho-Jui Tung

Eagles Talking About the Public’s Health

No abstract provided.

Domestic Violence And Mental Health: A Complementary Perspective, Olayemi Aloba, Jacob Gakpo, Katie M. Mercer

Eagles Talking About the Public’s Health

No abstract provided.

From Judgment To Support: Advocating For Mothers Of Children With Behavioral Disorders, Alisha Riggins, Jessica Guerrette, Nazish Masud, Tobi Oloyede, Sarah Sejoro, Joanne Chopak-Foss, Logan Cowan

Eagles Talking About the Public’s Health

No abstract provided.

An Emerging Obstacle To Childhood Obesity Control And Prevention, Queeneth C. Edwards, Jian Zhang

Eagles Talking About the Public’s Health

The rise of telehealth has created both opportunities and challenges as healthcare providers seek to balance the convenience of telemedicine with the need for effective and comprehensive care.1-3 This commentary highlights the implications of telehealth for addressing pediatric obesity, a pressing public health issue.

Breaking The Cycle: Public Health Solutions For Homeless Youth And Foster Care Survivors, Alysia D. Williams, Bettye Apenteng

Eagles Talking About the Public’s Health

No abstract provided.

Bullying As A Public Health Crisis: Linking Aces To Long-Term Health Consequences, Doreen Ugwu, Dziyana Nazaruk

Eagles Talking About the Public’s Health

No abstract provided.

Buyer Be Aware: An Underutilized Tool In The Public Health Protection Toolkit, Padde Musa, Jacob Gakpo, Samuel T. Opoku, Bettye A. Apenteng

Eagles Talking About the Public’s Health

No abstract provided.