Digital Commons Network^™

First Inside Page

Georgia State University Law Review

No abstract provided.

Copyright Page

Georgia State University Law Review

No abstract provided.

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Lying At Plea Bargaining, Thea Johnson

Georgia State University Law Review

This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the problematic system it seeks to avoid.

The Article lays out a taxonomy of lying at plea bargaining by organizing the types of lies into three categories: lies about facts, lies about law, and lies …

Tax Coordination, Blaine G. Saito

Georgia State University Law Review

The United States implements much of its social policy through its income tax laws. The Code is rife with tax expenditures for education, housing, community economic development, retirement savings, and health care to name a few. But the IRS is not an agency with expertise in any of these areas and developing such expertise would draw resources away from its core tax administration mission. Commentators have thus called for a series of changes from turning these tax expenditures into outlays for these programs to divesting the IRS/Treasury of most of the administration of social policy tax expenditures. Yet, given American …

Inside Front Cover Page

Georgia State University Law Review

No abstract provided.

Member Masthead

Georgia State University Law Review

No abstract provided.

Cost-Effectiveness Comes To America: The Promise And Perils Of Cost-Effective Analysis In Medication Coverage Decisions, Carl Coleman

Georgia State University Law Review

In an effort to control rising drug costs, some health insurers have begun experimenting with methods to link decisions about coverage to the value added by medicines, including through the use of formal cost-effectiveness analysis (CEA). Increased interest in subjecting new drugs to rigorous economic analysis is a welcome development, as it offers the potential to minimize wasteful spending on drugs whose high prices are not justified by evidence of additional benefits produced. At the same time, CEA raises significant ethical issues, particularly when payers use it to limit access to drugs deemed to provide insufficient value for money. For …

A Regulatory Budget For The Public Company Accounting Oversight Board, J.W. Verret

Georgia State University Law Review

The Public Company Accounting Standards Board (PCAOB) was created by the Sarbanes–Oxley Act (SOX) in 2002 in response to the Enron and WorldCom auditing scandals. The PCAOB regulates the $20 billion annual auditing industry, which itself provides assurance for the financial integrity of $27 trillion in outstanding global publicly traded equity. The PCAOB is uniquely a quasi-private entity overseen by the Securities and Exchange Commission (SEC), which approves its budget and must approve any changes in its rules. The PCAOB has undertaken initiatives to attenuate the cost–benefit calculus of its rules, most notably in a change from Auditing Standard 2 …

Jurisdiction At Work: Specific Personal Jurisdiction In Flsa Collective Actions After Bristol-Myers Squibb, Anaid Reyes Kipp

Georgia State University Law Review

In Bristol-Myers Squibb Co. v. Superior Court (BMS), eighty-six California residents and five hundred ninety-two nonresidents from thirty-three different states, who had originally filed eight separate complaints, used ordinary party joinder rules to file a mass tort action in California state court, alleging that Bristol-Myers Squibb’s blood-thinning drug made them sick. The Supreme Court held in 2017 that the California state court did not have specific personal jurisdiction over the national pharmaceutical company because its contacts with California were insufficient in relation to the claims by nonresident plaintiffs. Although BMS was a mass action filed in state court, its …

Does Size Matter? Nanoscale Particle Size As An Indicator Of Inherency In Nanopharmaceutical Patent Validity, Kirsten Fehlan

Georgia State University Law Review

Scientific and technological advances in nanopharmaceuticals bring the doctrine of inherent obviousness to a head. On the one hand, nanotechnology promises to offer novel ways to target and treat traditionally incurable diseases by operating at a scale that is comparable to the scales that most biological systems use. On the other hand, nanotechnology inventions that result in improved pharmacokinetic properties are susceptible to validity challenges based on inherent obviousness.

Inherency and obviousness are two independently recognized and well-understood principles in United States patent law. Inherency refers to a claimed limitation or feature that is either necessarily present in, or the …

Cover Page

Georgia State University Law Review

No abstract provided.

Copyright Page

Georgia State University Law Review

No abstract provided.

Member Masthead

Georgia State University Law Review

No abstract provided.

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Foreword: Rethinking Antitrust, Susan Smelcer, Jeffrey L. Vagle

Georgia State University Law Review

No abstract provided.

Cognitive Foreclosure, Peter O'Loughlin

Georgia State University Law Review

Digital markets now fundamentally intertwine with our social and economic lives. International enforcement actions—the United States (U.S.) and European Union (E.U.) Google cases in particular—demonstrate from a behavioral economic perspective how digital platforms may be beginning to implicate antitrust’s two most fundamental doctrinal components—conduct and market power—in nuanced ways. In short, the regulatory and policy landscape showcases that we may be moving closer towards an antitrust world whereby firms can manipulate consumers’ psychological shortcomings to foreclose competition—a new form of nefarious conduct that might appropriately be termed “cognitive foreclosure.” Yet as a demand-side market failure, one should be cautious about …

Reflections On The Intersection Of Privacy And Antitrust, Kacey Baine, Alexandra Beato

Georgia State University Law Review

No abstract provided.

Mars Rover Structure, Ethan Nikcevich, Justin Marhoefer, Will Kish, Brenden Billing

Mechanical Engineering

Our project is the third iteration of a design to create a small Mars rover. Our main challenge was to change the existing rover structure into something that could survive the harsh conditions of Mars. This meant altering the design so that it could resist the large temperature fluctuations while still maintaining the structural stability and interface to support driving functions and the projects of the other rover teams. Our team accomplished this goal by altering the design of the existing rocker bogey from completely 3D printed to a tube and joint system. The longer portions of the rocker bogey …

Burt's Bees: Branding And Packaging Update, Mia Rogers

Graphic Communication

This project will focus on examining the existing brand identity, package design, and social media marketing collateral for Burt’s Bees personal care company in order to create updated versions of each. I will be re-branding the products to appeal to a wider target audience, focusing primarily on Generation Z and their consumer preferences.

My deliverables will consist of a complete brand style guide (logo variations, primary and secondary color palettes, typography, and visual collateral), updated packaging (four popular lip balm flavors, the beeswax hand salve, and two facial cleansers), and an example of a digital advertisement showcasing the new brand …

Montagna Restaurant Brand And Website Development, Kevin A. Shin-Wheeler

Graphic Communication

My goal for this project was to provide engaging branding and collateral for the fictitious Montagna restaurant to increase its consistency and tangibility. I wanted to create a design guideline for all aspects of the Montagna brand to ensure that Montagna’s logo, typefaces, colors, interaction elements, and other stylistic choices are aesthetically pleasing and match the brand’s identity. Next, set out to make an accessible, interactive, and exciting website for the restaurant and a cohesive menu aligning with the design specifications. Although the brand is fictitious, I wanted to design it with actual needs in mind so that somebody could …

Prescriptions For Potentially Inappropriate Medications From The Beers Criteria Among Older Adults Hospitalized For Heart Failure, Diana Jaber, Fabian Vargas, Linh Nguyen, Joanna Ringel, Kate Zarzuela, Mahad Musse, Min Ji Kwak, Emily B Levitan, Mathew S Maurer, Mark S Lachs, Monika M Safford, Parag Goyal

Faculty, Staff and Student Publications

BACKGROUND: We sought to better understand patterns of potentially inappropriate medications (PIMs) from the Beers criteria among older adults hospitalized with heart failure (HF). This observational study of hospitalizations was derived from the geographically diverse REasons for Geographic and Racial Differences in Stroke cohort.

METHODS AND RESULTS: We examined participants aged 65 years and older with an expert-adjudicated hospitalization for HF. The Beers criteria medications were abstracted from medical records. The prevalence of PIMs was 61.1% at admission and 64.0% at discharge. Participants were taking a median of 1 PIM (interquartile range [IQR] 0-1 PIM) at hospital admission and a …

Analyzing Computational Components Of Standard Block Encryption Schemes, Chu-Wen Cheng, Miranda Heather Cantu, Sanjeev Kumar

Electrical and Computer Engineering Faculty Publications

Encryption is used to secure sensitive computer data which may be at rest or in motion. There are several standard encryption algorithms that have been used to encrypt and protect blocks of sensitive data to ensure confidentiality. The most popular standard block encryption schemes are the Advanced Encryption Standard (AES), Triple Data Encryption Standard (3DES), and the first standardized encryption scheme, which is no longer the standard scheme now, namely the Data Encryption Standard (DES). AES is the current standard for block encryption used worldwide and is implemented on many processors. In this work, we compare the hardware performance of …

Masthead

Missouri Law Review

No abstract provided.

Impeachment And Its Discontents, Brian C. Kalt

Missouri Law Review

What purpose do presidential impeachments serve if the Senate does not convict? Should impeachment be attempted at all if there is no chance of conviction? These questions remind me of the old joke in which someone is asked whether he believes in infant baptism. He replies, “Believe in it? Heck, I’ve actually seen it done.”

Impeachment In A System Of Checks And Balances, Keith E. Whittington

Missouri Law Review

Measured by any yardstick, it is hard to think that the first impeachment of President Donald Trump was particularly successful. But there are important broader questions raised particularly by the first Trump impeachment that have significance for how we think about the impeachment power moving forward. If future impeachment efforts are to be more successful, or even useful, Congress will have to understand the nature of the constitutional task that it is undertaking.

Cultural Identities And Territoriality In A Global Marketplace, J. Janewa Osei-Tutu

Articles

No abstract provided.

Annual Report, Faculty Research And Development Committee, 2021-2022, Faculty Research And Development Committee

Faculty Research and Development Committee Minutes

No abstract provided.

Inquiries Of The Predecessor Auditor Regarding Fraud And Noncompliance With Laws And Regulations; Statement On Auditing Standards, 147 (June 2022), American Institute Of Certified Public Accountants. Auditing Standards Board

Statements on Auditing Standards

No abstract provided.

Quality Management For An Engagement Conducted In Accordance With Generally Accepted Auditing Standards; Statement On Auditing Standards, 146 June 2022), American Institute Of Certified Public Accountants. Auditing Standards Board

Statements on Auditing Standards

No abstract provided.