Digital Commons Network^™

The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J. B. Ruhl

Vanderbilt Law School Faculty Publications

Don Elliott and Dan Esty were among the chief architects of Environmental Law 2.0-the shift that infused so-called command-and- control regulatory regimes with market-based tools in search of cost- effective solutions. The mix of incentives, trading, banking, reporting, bubbles, and other techniques revolutionized the way we think about how to attack environmental problems like pollution and habitat loss.

In their End Environmental Externalities Manifesto ("Manifesto") they are at it again. This time, however, their proposed revolution goes in a different direction. They argue that the guiding light of economic efficiency, which took environmental law far in improving environmental conditions, is …

The Future Of Natural Property Law: Comments On Eric Claeys's Natural Property Rights, Christopher Serkin

Vanderbilt Law School Faculty Publications

Professor Eric Claeys is among the most thoughtful modern proponents of natural property rights. His new book, provided to conference participants in draft form, is typical of his rigorously analytical approach. It is an impressive articulation of a natural rights-based account of property. It significantly advances the debate over natural rights and should be taken seriously even by those who do not find it entirely convincing.

There are real-world political stakes in abstract-seeming questions of property theory because natural rights are often deployed to limit government regulation of property. Natural rights contrast with positivist accounts that locate the content of …

Presumptive Use Of Pretrial Risk Assessment Instruments, Christopher Slobogin

Vanderbilt Law School Faculty Publications

One proposed reform of the pretrial detention system is the adoption of risk assessment instruments to assist courts in determining who is at risk of reoffending or a flight risk. This Response to Professor Melissa Hamilton's Article, Modelling Pretrial Detention, proposes that under most circumstances the results of well-validated instruments should not only inform pretrial outcomes but should dictate them, on the ground that such results are more likely to be accurate than judicial decision-making. The Response also provides evidence that this reform would significantly reduce pretrial detention rates and, consistent with Professor Hamilton's findings, avoid producing racially disparate results.

A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …

How Far Does Natural Law Protect Private Property, James W. Ely Jr.

Vanderbilt Law School Faculty Publications

This Article first explores the ambiguous relationship between natural law and the rights of property owners in American history. It points out that invocation of natural law principles was frequently conflated with English common law guarantees of property rights in the Revolutionary Era. Reliance on natural law as a source of protection for private property faded during the nineteenth century and was largely rejected in the early twentieth century. The Article then considers the extent to which natural law principles are useful in addressing contemporary issues relating to eminent domain and police power regulation of private property. Taking a skeptical …

Comment, Francesca L. Procaccini

Vanderbilt Law School Faculty Publications

Let's start with the antecedent question that both the theme of this conference and all three papers in this session present. That is, before we ask how law schools might better advance the freedom of expression on campus, and even before asking what role law schools play in protecting or suppressing free speech more generally, we must ask the first order question: whether freedom of expression at U.S. law schools is indeed imperiled?

There is an underlying assumption in all three papers that something is amiss, that things are not quite at their optimal, that improve- ment is needed. And …

Disaster Discordance: Local Court Implementation Of State And Federal Eviction Policies, Lauren Sudeall, Elora L. Raymond, Philip M.E. Garboden

Vanderbilt Law School Faculty Publications

Eviction sits at the nexus of property rights and the basic human need for shelter-the former benefits from a strong framework of legal protection while the latter does not. In most eviction courts across the country, therefore, the right to housing is unrecognized, while landlords' economic interests in property are consistently vindicated.

The public health crisis unleashed by COVID-19 temporarily upended that (im)balance. Emergency federal and state eviction prevention policies issued in response to COVID-19 prioritized public health-and the need for shelter to prevent the spread of disease-over typically dominant property rights. In doing so, they presented courts with an …

Quasi-Experimental Evidence On The Impact Of State Recycling And Deposit Laws: Household Recycling Following Interstate Moves, W. Kip Viscusi, Joel Huber, Jasen Bell

Vanderbilt Law School Faculty Publications

This article estimates the effects on recycling behavior of state recycling laws and deposit laws based on changes in household recycling before and after interstate moves. Estimates from a national panel dataset of 1,498 households who moved between states provide a quasi-experimental test otherwise not possible given long-term stability of such laws in any state. Compared to national average recycling rates, moves to states with deposits for beverage containers increased the number of material types recycled by 41%. More stringent recycling laws are also effective, but they have a smaller impact. Recycling laws boosted the number of materials recycled by …

Community College Students’ Awareness Of Their Reading And Writing Proficiency, Martha Paulina Campusano Rojas

Dissertations

Student’s low reading and writing proficiency in higher education has been the subject of a large body of research (e.g., Bahr, 2011; Bailey, 2010; Carlino, 2005, 2010, 2012; Flink, 2017; Jaggars, 2014 Pacello, 2014; Perin, 2011; Perin et al., 2013).The purpose of this qualitative study was to explore how students in a first-year developmental Spanish course at the Dominican community college think of the connection between their reading and writing abilities and their performance in both their current and future undergraduate courses. The study also explored how these students view the importance of the developmental course and how they understand …

Intentional Self-Harm Overdoses Before And During The Covid-19 Pandemic In Adolescents Managed By A Medical Toxicology Consultation Service, Samantha L. Gaetani Md, Natalie E. Ebeling-Koning Do, Nicholas S. Imperato, Katelyn Mclain, Derek J. Fikse Do, Gillian A. Beauchamp Md, Marna R. Greenberg Do, Mph, Facep

Department of Emergency Medicine

No abstract provided.

Work-In-Progress: Transformation Of A School Of Engineering Technology Gateway Experience, Rustin Webster, Matthew Turner, Brittany Newell

School of Engineering Technology Faculty Publications

This work-in-progress (WIP) paper begins to 1) describe the transformation of a School of Engineering Technology (SoET) gateway experience and 2) explore students’ outcomes and perceptions in the general areas of preparedness for success, satisfaction, learning preference, and competency development. In the Fall of 2022, the SoET gateway experience was transformed from two unintegrated/decoupled courses to a single course, based in part on observational problems with course design, curriculum, instructional methods, grading, assessments, integration, and documentation. Overall course objectives aimed to introduce students to foundational engineering technology (ET) knowledge, skills, and abilities (KSAs) needed for success in future SoET courses …

Turning Up The Heat On Public School Adminstrators: When Will Maryland Public Schools Finally Have Air Conditioning And Adequate Heating?, Leah Rowell

University of Baltimore Law Forum

No abstract provided.

V.1 Spring 2023, Center For Arts & Language, Students Of Risd, Risd Archives

All Student Newspapers

v.1 is a publishing platform for the ongoing work, ideas, discussions, debates, and aspirations of students at the Rhode Island School of Design. The Spring 2023 issue contains articles on storytelling, mapmaking, the instagram account @tihngs, a reception at the RISD Museum for artist Adam Silverman, the Battambang Market, technological transcendence, fairy tales and Kara Walker, artistic processes of grad students, David Hammons' piece Rock Head, developments in higher education, a platform used by a THAD class, and other student creative writing.

Toward The Yeast Surface Display Of Microviridin B, Jillian Leigh Stafford

Chemistry and Chemical Biology ETDs

Humans have turned to natural products for medicinal therapeutics for millennia. In recent years, the ribosomally synthesized and post-translationally modified peptide (RiPP) class of natural products have garnered a lot of attention due to their ability for heterologous expression, relative ease of mutation, and vast biological activates. Microviridins are a family of RiPPs that contain a tricyclic cage-like structure through the formation of two lactone rings and one lactam ring catalyzed by two ATP-grasp ligase family enzymes. Microviridins are potent inhibitors of serine proteases and mutational studies of a small number of residues indicates the potential of peptide engineering protease …

Public Service Motivation, Years Of Public Service, And Distributed Leadership In Government: A Moderation Analysis, James Punchard

PhD in Organizational Leadership

This dissertation was an exploration of the effect that public service motivation (PSM) has on leaders’ distributive leadership style (DLS). Years of service as a leader in government for more than 5 years managing five or more employees was considered as a moderating variable, with the expectation that as years of service increased, the moderating affect it has on the relationship between PSM and DLS would also increase. This was a cross-sectional, quantitative research project employing a moderation model to address the extent to which years of public service moderate the potential statistical relationship between the distributed leadership style and …

Exploring The Relationship Between Civil Legal Assistance And The Outcomes Of Domestic And Intimate Partner Violence Victims: A Literature Review, Kailena E. Anderson

Honors Thesis

While there are a variety of services available to victims of Domestic and Intimate Partner Violence, the civil legal needs of victims often go unmet. In addition to this, these is a relatively small body of research from which programs that provide civil legal aid can discover best practices and use evidence-based approaches. This article aims to begin addressing these issues by examining available literature and program evaluations, connecting program factors to client outcomes. The two main conclusions found from the evaluation are that full representation provides the most benefits and that the type of law being practiced (i.e. protective …

Midwest Opportunity Zones: A Regional And Comparative Analysis Of Tract Selection, Breana R. Spinler

Honors Thesis

Opportunity Zones were implemented within the Tax Cuts and Jobs Act of 2017 to bring jobs and investment to low-income communities. States were given authority to choose which of their census tracts would be given Opportunity Zone status, and previous research has been conducted to investigate if selected tracts were the ones with the most distress. This study expands upon past national research to investigate state-level Opportunity Zone tract selections and processes by using a sample of seven Midwest states. The results provide an explanation for national studies seeing variance in levels of Opportunity Zone distress by state, and it …

Ecological Studies Of Wolves On Isle Royale, Sarah Hoy, Rolf O. Peterson, John A. Vucetich

Ecological Studies of Wolves on Isle Royale

Annual Report 2022-2023

Surviving Castro-Huerta: The Historical Perseverance Of The Basic Policy Of Worcester V. Georgia Protecting Tribal Autonomy, Notwithstanding One Supreme Court Opinion's Errant Narrative To The Contrary, John P. Lavelle

Faculty Scholarship

Oklahoma v. Castro‑Huerta is an unprecedented attack on the autonomy of Native American nations in the United States. The Supreme Court held that Oklahoma had jurisdiction over a crime committed by a non‑Indian perpetrator against an Indian victim within the Cherokee Reservation’s boundaries. The decision posits that states presumptively have jurisdiction, concurrent with the federal government, over crimes by non‑Indians against Indians in Indian country. But this proposition is at war with a bedrock principle of Indian law, namely, that reservations are essentially “free from state jurisdiction and control,” a policy that “is deeply rooted in the Nation’s history.” That …

A Comparative Plague Study Of Cacao Fungal Disease In Cacao Pods Within Monocultures And Indigenous Agroforests In Ecuador’S Napo Province, Seamus Mccarthy

Independent Study Project (ISP) Collection

This study analyzes the composition of three major fungal diseases in Theobroma cacao fruits compared between monocultures and chakra agroforests in the Napo province of Ecuador with the goal of noting similarities and differences in the disease composition between the two systems, as well as investigate possible variation within this poorly understood category of agroforest to better structure future studies. Cacao pods on sampled trees were counted and fungal infections identified visually and by touch. Chakra systems were selected in the communities of Cinco de Enero and Seis de Marzo to the Southwest of Tena, Ecuador. Monoculture data was collected …

Pesantren Waria Al-Fatah: Navigating The Intersection Of Gender Nonconformity And Islam In Indonesia, Tali Hastings

Independent Study Project (ISP) Collection

No abstract provided.

Grabbing The Paycheck: A Glimpse Into The Modern Economic Livelihoods Of Xe Máy Grab Drivers In Ho Chi Minh City, Vietnam, Maddie Davis

Independent Study Project (ISP) Collection

Woven into the very fabric of urban life in Ho Chi Minh City Vietnam is commuting via motorcycle (Vietnamese: xe máy). The versatility of xe máy can be witnessed in the surge of rush hour traffic, the shipment of a great variety and quantity of goods, and the crunch of people in order to get the whole family atop a single bike. Due to xe máy as the primary way much of the population gets around, Ho Chi Minh City’s transportation infrastructure and traffic patterns are highly conducive to this method of transit. Resulting from these favorable conditions, a multitude …

Perspectives On Psychosis From Dharmashala’S Tibetan Community In Exile, Teddy Daniel

Independent Study Project (ISP) Collection

What is psychosis? The term itself is relatively recent. Yet clinicians and religious figures have tried to explain ‘psychosis’ from pathological and nonpathological perspectives for hundreds of years. From an allopathic, medical standpoint, psychotic disorders are devastating diseases. Up to 3% of the world’s population struggle with hallucinations, delusions, and cognitive impairments that make it difficult or impossible to function in society. Tibetan Buddhism does not have an exact analogue to the clinical term ‘psychotic disorders’. Nevertheless, Tibetan medicine understands some cases of psychosis as pathological. For instance, the Tibetan word smyo nad (སྡོ་ནད་) roughly translates to madness. Yet in …

Biodiversidad De Plantas En La Reserva Natural Urbana Punta Popper En Río Grande: Una Propuesta Para Senderos Para La Gestión De La Conservación Y Métodos De Campo Replicables En Un Etorno Educativo, Lili Weir

Independent Study Project (ISP) Collection

The Patagonian Steppe is an ecoregion that is rich in plant biodiversity (both native and introduced), and the Urban Nature Reserves like Punta Popper in Río Grande provide an opportunity to preserve these sensitive species and educate the public, especially students, about the value of this trophic level. However, many beautiful species are being affected by human activities in the Reserve: such as the mismanagement of the trail systems which has led to erosion of the sand dunes, and the pressures of rapid urban expansion contributing to trash pollution. It is essential that stakeholder communities have access to information and …

The Gig-Economy War: The Drive Towards Regulating Rideshare Employment Misclassification, Inae Cavalcante

Brigham Young University Prelaw Review

With the emergence of the gig-economy, the doctrine distinguishing independent contractors from employees has never been more relevant in the state of California. Currently, the state faces a legal battle regarding employment misclassification of rideshare apps’ drivers, specifically Uber Technologies. While many believe that drivers should be entitled to the label of employee and receive benefits and protections under the California Labor Code, the law is not tailored to this new market and renders itself ambiguous. Although many solutions were presented in the past, such as the Borello Test, the ABC Test, Assembly Bill 5, and Proposition 22, no employment …

A Letter From The Editor, Marissa Gerber Pinnock

Sigma: Journal of Political and International Studies

In this age of globalization and technology, the world is closer than ever. Yet often we struggle to understand the people around us, especially when their cultures and beliefs are different from our own. Lack of understanding leads to fractures in our global community caused by marginalization, polarization, and conflict. Taking time to understand the differences in our world will help us to be more aware of our own logical fallacies, inherent privileges, and personal responsibilities to make this world a better place.

Full Issue

Sigma: Journal of Political and International Studies

No abstract provided.

Table Of Contents

Sigma: Journal of Political and International Studies

No abstract provided.

Local Partisan Agreement And Trust, Mike Pulsipher, Kelsey Eyre

Sigma: Journal of Political and International Studies

Americans are more distrusting than ever. On every metric, there has been a noticeable and substantial decline in trust of government, media, and business. This important trend has received a lot of academic and press attention and has been identified in nearly every state and every demographic. Curiously, despite decades of falling crime, fraud, and corruption, Americans are also less trusting in each other. While changes in trust for government, media, and business have looked quite different for Democrats and Republicans, partisans have shown similar declining trends in general trust.

Ecological Disruption In The Arctic National Wildlife Refuge, Jane Allen

Ballard Brief

Ecological disruption is an issue that is affecting the wildlife and people that live in the Arctic National Wildlife Refuge (ANWR). Climate change and oil drilling are two of the main causes of ecological disruption in the ANWR. The native people and wildlife are the ones being affected by the ecological disruption and deterioration. Food source decline and land degradation are some of the ways that climate change is affecting these people. Oil drilling and government involvement in the lands of Alaska is causing the degradation for many Alaskans to worsen. Oil drilling destroys ecosystems and harms the native animals, …