Digital Commons Network^™

Modern Authorities From Brandies To Brnovich: For Jurists Who Have Considered Social Science / When Doctrine Was Not Enough, Jeremiah Chin

Articles

While the Supreme Court is the final authority on the Constitution, its interpretations increasingly turn to outside, non-legal sources to authoritatively support its conclusions of law and fact. Particularly in cases involving racial discrimination, the Court relies on social science data presented by the trial record, amicus curiae, or its own research. However, the Court lacks explicit rules or methods of analysis for these data. To remedy this gap in analysis, this article proposes a critical methodology for analyzing the use of social science data in cases involving race. By outlining a historiography of the Court's invocation of extrinsic data, …

The Landscape Of Startup Corporate Governance In The Founder-Friendly Era, Jennifer S. Fan

Articles

In corporate governance scholarship, there is an important debate about the nature and roles of the members of the board of directors in venture capital-backed private companies. The impact of a newly emerged, founder-centric model has been underappreciated, while the role of the independent director as tiebreaker or swing vote is vastly overstated. The reality is that corporate governance in these companies is a norm-driven, consensus-building process that rarely spills out into open conflict.

This is the first empirical study of startup corporate governance post-Great Recession and during the pandemic. Using survey and interview methodologies, this Article makes four primary …

Terrified By Technology: How Systemic Bias Distorts U.S. Legal And Regulatory Responses To Emerging Technology, Steve Calandrillo, Nolan Kobuke Anderson

Articles

Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic bias we must acknowledge that it is pervasive and extends beyond the contexts of race, privilege, and economic status. Understanding all forms of systemic bias helps us to better understand ourselves and our shortcomings. At first glance, a human bias against emerging technology caused by systemic risk misperception might seem uninteresting or unimportant. But this Article demonstrates how the presence of systemic bias anywhere, even in an …

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang

Articles

No abstract provided.

The Supreme Court’S Chief Justice Of Intellectual Property Law, Bob Gomulkiewicz

Articles

Justice Clarence Thomas is one of the most recognizable members of the United States Supreme Court. Many people recall his stormy Senate confirmation hearing and notice his fiery dissenting opinions that call on the Court to reflect the original public meaning of the Constitution. Yet observers have missed one of Justice Thomas’s most significant contributions to the Court—his intellectual property law jurisprudence. Justice Thomas has authored more majority opinions in intellectual property cases than any other Justice in the Roberts Court era and now ranks as the most prolific author of patent law opinions in the history of the Supreme …

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”^[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …

Incentivizing Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This Article advocates for a new approach to incentivizing innovation through the design of ex post tax incentives for research and development (R&D) investment. In contrast to many nations, the United States relies largely on ex ante tax incentives, namely a tax deduction and tax credit for qualified R&D spending. Fundamental design flaws exist with these ex ante incentives; moreover, innovation occurs continuously and yields results at the back end of the innovation cycle. An appropriate framework should take into consideration the key players in the innovation landscape. These players are often treated differently under the tax laws such that …

The Hidden Harms Of Privacy Penalties, Mary D. Fan

Articles

How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …

Unravelling Inventorship, Toshiko Takenaka

Articles

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventorto- file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …

Information About Law School, South Dakota Law Review

South Dakota Law Review

No abstract provided.

End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.

Touro Law Review

The best end of life care is always that which aligns with the wishes and values of the incapacitated person. For individuals with the capacity to execute advance directives, these documents and conversations with appointed surrogates are the clearest way to make care values known. However, the time, access, and ability to engage in advance planning is not an opportunity equally afforded.For those without advance directives and now involved in a guardianship proceeding, the party petitioning or otherwise involved in the case should consider addressing end of life decision-making directly in the guardianship hearing when major medical decision-making power may …

Analysis Of Hematocrit Levels In Walleye Sander Vitreus From Similar Waterbodies, Alyssa Hauser

Journal of Earth and Life Science

Walleye Sander vitreus are a popular fish among anglers and hold a prominent place in Minnesotan’s identity as their state fish. Because of this, multiple management practices are used to ensure the continued health of their populations within Minnesota waters. In this study, the process of analyzing hematocrit levels was used to determine if the analysis of hematological parameters could be a useful tool in detecting differences in population health. To evaluate this, blood samples were acquired from age-0 and age-1 fish from two similar lakes and run through a hematocrit centrifuge to separate platelets from plasma to read the …

Forever, Phyllis Green

Inscape

No abstract provided.

The Effects Of Diet On Yellow Perch Morphology Throughout Lake Bemidji, Quiana L. Radaich

Journal of Earth and Life Science

Morphology is very important as it looks at the arrangement of an organism’s parts to determine their functionality, development, and how they could have changed through evolution. It is also important for the identification of species as it can show how closely species are related. This study examines if the morphology of yellow perch changes throughout Lake Bemidji. Along with examining a subset of five stomachs for each group (A-F) of yellow perch collected to determine if diet was a driving force behind morphological changes. The data collected in this study suggested that morphology does change throughout Lake Bemidji and …

Pagan Poets, A Dream, And The Beautiful Young, Michael Hass

Education Faculty Articles and Research

Three poems that were published in volume 64, issue 3-4, "Psyche Speaks", of the peer-reviewed journal Psychological Perspectives.

Photograph - Building Boiling Springs Baptist Church, Gardner-Webb University

Dover Memorial Chapel

Photograph of construction workers at Boiling Springs Baptist Church.

Photograph - Hapy Dormitory(5), Gardner-Webb University

HAPY Dormitory

Photograph of the names of HAPY Dormitory.

Photograph - Hollifield Arch Windows, Gardner-Webb University

Hollifield Carillon Bell Tower

Photograph of the arched glass windows of the Hollifield Bell Tower.

Photograph - Dover Memorial Chapel And The Tower Of Light In Snow, Gardner-Webb University

Dover Memorial Chapel

Photograph of the Dover Memorial Chapel and Tower of Light in the snow.

Photograph - Gardner-Webb College Arch(4), Gardner-Webb University

Gardner-Webb College Arch

Photograph of students conversating around the Gardner-Webb College Arch.

Photograph - Decker Hall(15), Unknown

Decker Hall

Distant photograph of Decker Hall.

Photograph - Decker Hall(8), Unknown

Decker Hall

Distant photograph of Decker Hall.

Photograph - Hapy Dormitory(27), Gardner-Webb University

HAPY Dormitory

Photograph of students walking out of HAPY Dormitory.

Photograph - Hollifield Clock And Bells, Gardner-Webb University

Hollifield Carillon Bell Tower

Photograph of the clock and bells of the Hollifield Bell Tower.

Photograph - Hollifield Bell Tower(3), Gardner-Webb University

Hollifield Carillon Bell Tower

Photograph of the Hollifield Bell Tower, featuring its clock, bells, and play room.

Photograph - O. Max Gardner Building(3), Unknown

O. Max Gardner Building

Photograph of the O. Max Gardner Building with a flag in the foreground; black and white

Contract Let For New G-W Dormitory News Clipping, Unknown

Stroup Dormitory

New clipping about the building of Stroup dormitory, listing the costs and contactors

Photograph - O. Max Gardner Building Interior, Unknown

O. Max Gardner Building

Photograph of a man looking up into the rafters of the O. Max Gardner Building after the ceiling fell through due to a storm; black and white

Photograph - O. Max Gardner Building(2), Harley Ferguson Photographer

O. Max Gardner Building

Photograph of the O. Max Gardner Building with students conversating in front of a tree in the foreground; black and white