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Against Secondary Meaning, Jeanne C. Fromer Jan 2022

Against Secondary Meaning, Jeanne C. Fromer

Faculty Articles

Trademark law premises protection and scope of marks on secondary meaning, which is established when a mark develops sufficient association to consumers with a business as a source of goods or services in addition to the mark’s linguistic primary meaning. In recent years, scholars have proposed that secondary meaning play an even more central role in trademark law than it already does. Yet enshrining secondary meaning in the law undermines the ultimate goals of trademark law: promoting fair competition and protecting consumers. The dangers of enshrining secondary meaning include the problematic doctrine that has built up to assess it or …

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Lemonade: A Racial Justice Reframing Of The Roberts Court’S Criminal Jurisprudence, Daniel S. Harawa Jan 2022

Lemonade: A Racial Justice Reframing Of The Roberts Court’S Criminal Jurisprudence, Daniel S. Harawa

Faculty Articles

The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court’s criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a racially subordinating criminalization system. However, the Court has recently issued a series of decisions addressing racism in the criminal legal system: Buck v. Davis, Peña-Rodriguez v. Colorado, Timbs v. Indiana, Flowers v. Mississippi, and Ramos v. Louisiana. On their face, the cases teach …

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From Why To How Subnational Jurisdictions Are Mitigating Climate Change, Katrina M. Wyman Jan 2022

From Why To How Subnational Jurisdictions Are Mitigating Climate Change, Katrina M. Wyman

Faculty Articles

The remainder of this short comment moves away from the question of why subnational jurisdictions are acting to limit climate change. It focuses instead on a question implicitly raised by Thinking Globally’s excellent—and all too rare— thick descriptions of subnational efforts to limit climate change in China, Japan, and the United States: How are leading subnational jurisdictions in the three largest economies in the world seeking to limit climate change? In the book Repowering Cities, political scientist Professor Sara Hughes suggests that the question of how cities are seeking to mitigate climate change has received less scholarly attention than why …

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Propertizing Environmental Attributes, Katrina M. Wyman, Adalene Minelli Jan 2022

Propertizing Environmental Attributes, Katrina M. Wyman, Adalene Minelli

Faculty Articles

Tangible environmental resources such as land and water have been the object of property rights and traded in markets for millennia. In a development largely unnoticed by legal scholars, technology now allows a new class of environmental resources that are much harder to see and touch to be measured, and potentially sold—environmental attributes. Some of these resources have already been partially packaged into property rights for sale by some governments and private actors, such as actual and avoided carbon emissions, and the environmental benefits of renewable power and electric cars. Other resources, such as avoided water use, remain unpropertized. Trading …

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Nysrpa V. Bruen: Weaponizing Race, Daniel S. Harawa Jan 2022

Nysrpa V. Bruen: Weaponizing Race, Daniel S. Harawa

Faculty Articles

While the Supreme Court has weaponized race—particularly America’s history of anti-Black racism—to expand the reach of the Second Amendment, it has not sought to ensure Black people have equal access to the right to bear arms now that the right is broader than ever before. More pointedly, the Court has not seemed keen on revisiting its Fourth Amendment policing doctrines that make public carry for Black people particularly precarious. As this essay explains, itinerant invocations of racial justice are inadequate and potentially harmful. While, as some argued, the total elimination of gun licensing regimes may result in the reduced prosecution …

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Regulatory Arbitrage And The Persistence Of Financial Misconduct, Colleen Honigsberg, Edwin Hu, Robert J. Jackson Jr. Jan 2022

Regulatory Arbitrage And The Persistence Of Financial Misconduct, Colleen Honigsberg, Edwin Hu, Robert J. Jackson Jr.

Faculty Articles

Financial-advisor misconduct often has devastating consequences, leading lawmakers to seek tightened investor protections at the federal level. But many advisors can choose whether to be regulated under the federal regime or instead be overseen by state insurance regulators, giving advisors with a history of misconduct reason to select the laxer state-level regulatory environment. Despite extensive debate over the regulation of financial advice, no prior work has examined those incentives. Using a novel dataset, this Article identifies thousands of financial advisors who have committed serious misconduct and exited the federal regulatory regime—yet continue to advise investors, often using state insurance licenses. …

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The Perils Of Supreme Court Intervention In Previously Technical Immigration Cases, Nancy Morawetz Jan 2022

The Perils Of Supreme Court Intervention In Previously Technical Immigration Cases, Nancy Morawetz

Faculty Articles

The post-Kennedy Court has altered its approach to immigration law issues that the Court previously treated as technical. Surveying cases from 2001 through 2018 of technical issues related to the deportability and relief eligibility of noncitizens with past criminal convictions, this Article shows that the Court often ruled unanimously either for or against the noncitizen and that relatively few cases were decided on conventional ideological grounds. Since Justice Kennedy’s retirement, however, the two first highly technical cases concerning eligibility for relief from deportation for noncitizens with convictions were decided on conventional ideological grounds. Furthermore, the Court’s opinions show a disdain …

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Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray Jan 2022

Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray

Faculty Articles

In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities. Although the history undergirding this narrative is incomplete and misleading, the narrative itself has flourished as the debate over the continued vitality of reproductive rights has unfolded in the United States. Indeed, in just the last three years, a member of the United States Supreme Court and a number …

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Legitimizing Illegitimacy In Constitutional Law, Melissa Murray Jan 2022

Legitimizing Illegitimacy In Constitutional Law, Melissa Murray

Faculty Articles

The traditional constitutional law course is a staple of the first-year law school curriculum and a gateway to more advanced public law courses. In constitutional law, students are introduced to a range of topics—separation of powers, judicial review, suspect classifications, and protections for individual rights, among others. But curiously, few constitutional law courses discuss illegitimacy and the constitutional issues that nonmarital birth presents. This is perhaps surprising. After all, nonmarital births have grown increasingly common in the United States. More than forty percent of American children are born outside of marriage, and studies show that illegitimacy is especially pronounced among …

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Election Law In An Age Of Distrust, Richard H. Pildes Jan 2022

Election Law In An Age Of Distrust, Richard H. Pildes

Faculty Articles

Election law now operates in a sea of pervasive distrust. The voting wars have led to continual contestation over substantive voting policies. This distrust now also extends to the institutional side of the election process, with concerns that state legislatures, or state executive officials, or local election administrators, or Congress might seek to corrupt the process for partisan ends. This essay argues that election law and practices must adapt to the context of this pervasive distrust. Policies and practices that might be fine under normal circumstances, but are likely to feed distrust today, should be re-thought. This short essay identifies …

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Equal Protection In Dobbs And Beyond: How States Protect Life Inside And Outside Of The Abortion Context, Reva B. Siegel, Serena Mayeri, Melissa Murray Jan 2022

Equal Protection In Dobbs And Beyond: How States Protect Life Inside And Outside Of The Abortion Context, Reva B. Siegel, Serena Mayeri, Melissa Murray

Faculty Articles

In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Court rejected the Equal Protection Clause as an alternative ground for the abortion right. As the parties had not asserted an equal protection claim on which the Court could rule, Justice Alito cited an amicus brief we co-authored demonstrating that Mississippi’s abortion ban violated the Equal Protection Clause, and, in dicta, stated that precedents foreclosed the brief’s arguments. Yet, Justice Alito did not address a single equal protection case or argument on which the brief relied. Instead, he cited Geduldig v. Aiello, a 1974 case …

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Democracies In The Age Of Fragmentation, Richard H. Pildes Jan 2022

Democracies In The Age Of Fragmentation, Richard H. Pildes

Faculty Articles

American democracy faces profound challenges in our era. Some of these challenges stem from features in the institutional design of democracy that are hard-wired into the Constitution; those challenges, unique to the United States, are the ones Steven Levitsky focused on in his provocative lecture. But other major challenges confronting American democracy are common to most major democracies in the West today. It is those more general challenges on which I want to focus in this Essay. Over the last generation, democratic governments across the West, including the United States, have entered into a new era of politics that I …

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The Case For Reparations For The Color Of Covid, José E. Alvarez Jan 2022

The Case For Reparations For The Color Of Covid, José E. Alvarez

Faculty Articles

This Article surveys the data demonstrating that COVID-19, far from being the great equalizer, has generated starkly skewed adverse outcomes, including grossly disproportionate deaths, among persons of color in the U.S., Brazil, and India, and in all likelihood globally. The “color of COVID” results from governmental actions and inactions that, when combined with long-standing socio-economic vulnerabilities, produce deadly results for certain groups. Global health reformers are not addressing these injustices. Like those who resist reparations for African-Americans, for the global victims of slavery, colonialism and its legacies, or for all of the current pandemic’s victims, those seeking to reform the …

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Just Say No? Shareholder Voting On Securities Class Actions, Albert H. Choi, Stephen J. Choi, Adam C. Pritchard Jan 2022

Just Say No? Shareholder Voting On Securities Class Actions, Albert H. Choi, Stephen J. Choi, Adam C. Pritchard

Faculty Articles

The U.S. securities laws allow security-holders to bring a class action suit against a public company and its officers who make materially misleading statements to the market. The class action mechanism allows individual claimants to aggregate their claims. This procedure mitigates the collective action problem among claimants, and also creates potential economies of scale. Despite these efficiencies, the class action mechanism has been criticized for being driven by attorneys and also encouraging nuisance suits. Although various statutory and doctrinal “solutions” have been proposed and implemented over the years, the concerns over the agency problem and nuisance suits persist. This paper …

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Because They Are Lawyers First And Foremost: Ethics Rules And Other Strategies To Protect The Justice Department From A Faithless President, Stephen Gillers Jan 2022

Because They Are Lawyers First And Foremost: Ethics Rules And Other Strategies To Protect The Justice Department From A Faithless President, Stephen Gillers

Faculty Articles

During the Trump presidency, Americans were reminded that the nation relies on norms or custom—not laws alone—to protect the Department of Justice and the rule of law from improper political interference. The Justice Department is an agency within the Executive Branch and the Supreme Court has told us that the executive power—“all of it”—resides in the President alone, implying that the President can use the Department anyway he wishes limited only by the Constitution and by laws that do not violate separation of powers principles. Which laws are those? This Article concludes that Congress can do only a little to …

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Presidential Transitions: The New Rules, Bethany A. Davis Noll, Richard L. Revesz Jan 2022

Presidential Transitions: The New Rules, Bethany A. Davis Noll, Richard L. Revesz

Faculty Articles

The Trump Administration was unusually aggressive in using an obscure set of tools to undo the Obama Administration’s regulatory legacy: Congressional Review Act disapprovals, requests that courts hold in abeyance pending cases challenging Obama-era regulations, and suspensions of final regulations. These actions could be seen as part of the Trump Administration norm-breaking approach to regulatory policy, under which it also provided shoddy justifications for its actions, ignored statutory commands, and failed to comply with procedural requirements. There has been a general assumption that the norm-breaking was a result of the Trump Administration’s lack of respect for the rule of law …

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The Antifascist Roots Of Presidential Administration, Noah A. Rosenblum Jan 2022

The Antifascist Roots Of Presidential Administration, Noah A. Rosenblum

Faculty Articles

This Article uncovers the intellectual foundations of presidential administration and—on the basis of original archival research and new contextualization—grounds its legitimacy in the fight against fascism. It shows how the architects of presidential control of the administrative state reconciled a strong executive with democratic norms by embracing separation of powers in order to make the government responsible and antifascist. It then draws out the consequences of these overlooked developments for presidential administration today. The Article takes inspiration from the turn to history in Article II scholarship and jurisprudence. In search of legitimating foundations, champions of presidential administration have embraced the …

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Extra-Legal Factors In Juvenile Court Outcomes: What Is The Role Of Youth’S Race/Ethnicity And Family Structure In Disposition Decisions?, Vitoria De Francisco Lopes Jan 2022

Extra-Legal Factors In Juvenile Court Outcomes: What Is The Role Of Youth’S Race/Ethnicity And Family Structure In Disposition Decisions?, Vitoria De Francisco Lopes

Electronic Theses and Dissertations

Due to the unique nature of the juvenile justice system, its focus on rehabilitation and the population it serves, juvenile court judges serve as the sole decision maker and are given substantial power of discretion. Prior literature has indicated extra-legal factors to influence court outcomes, and scholars have argued that the use of discretion has led to a significant variability in the way youth are treated by juvenile court officials and may contribute to the issue of minority overrepresentation in the juvenile justice system. Yet, family structure has not been examined in depth, especially as it relates to race/ethnicity. The …

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On The Distribution Of The Number Of Prime Factors Of An Integer, Jacob Mitchell Derrick Jan 2022

On The Distribution Of The Number Of Prime Factors Of An Integer, Jacob Mitchell Derrick

Electronic Theses and Dissertations

The distribution of the prime numbers has intrigued number theorists for centuries. As our understanding of this distribution has evolved, so too have our methods of analyzing the related arithmetic functions. If we let ω(n) denote the number of distinct prime divisors of a natural number n, then the celebrated Erdős –Kac Theorem states that the values of ω(n) are normally distributed (satisfying a central limit theorem as n varies). This result is considered the beginning of Probabilistic Number Theory. We present a modern proof of the Erdős–Kac Theorem using a moment based argument due to Granville and Soundararajan, which …

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Spectroscopic Investigations Of Newly Developed Materials For Light Harvesting, Energy Conversion, And Bioimaging, Austin L. Dorris Jan 2022

Spectroscopic Investigations Of Newly Developed Materials For Light Harvesting, Energy Conversion, And Bioimaging, Austin L. Dorris

Electronic Theses and Dissertations

A multitude of spectroscopic techniques were employed in the making of this dissertation to investigate materials with environmental, commercial, optoelectronic, bioimaging, and solar energy conversion applications. Graphene-like materials like biochar represent a field of study in which bioavailable materials are deployed for CO2 and heavy-metal adsorption to combat the detrimental effects of industry on the environment. Vibrational characterization of these materials via Raman spectroscopy is integral in elucidating the structure-function relationship and determining the best approach for material preparation and functionalization. Carbonaceous systems such as cellulose are also studied via Raman spectroscopy to interrogate the viability of cellulose nanocrystals as …

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Applications Of Correlated Gaussian Functions To Few-Body Ions, William Earwood Jan 2022

Applications Of Correlated Gaussian Functions To Few-Body Ions, William Earwood

Electronic Theses and Dissertations

For few-body systems, the Schrödinger equation can be solved using the linear variational method, where the wavefunction is expanded in a set of parameterized, all-particle functions. However, it remains a challenging task to determine a quality set of nonlinear parameters that result in accurate wavefunctions when the Schrödinger equation is solved from the solution to an eigenvalue problem. In this work, a stochastic optimization algorithm has been implemented to drive the optimization of wavefunctions and first-order perturbed functions. For Z ≤ 10 lithiumlike ions, variational wavefunctions are determined for the 22S, 22P, 32P, 42P, and 52P states. For the Z …

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Core Size Conversion And Ligand Effects On Gold Nanomolecules Structure And Properties., Senthilkumar Eswaramoorthy Jan 2022

Core Size Conversion And Ligand Effects On Gold Nanomolecules Structure And Properties., Senthilkumar Eswaramoorthy

Electronic Theses and Dissertations

The size, shape and structure of the materials determines its properties in any scale. When the size of the material reaches nanometer scale, it shows a strikingly different property from the bulk. Monodisperse metal nanoparticles are highly desired due to its unique properties which can be explored for targeted applications. The nanoparticles with size less than 3 nm, atomically precise metal nanoparticles can be achieved, whereas nanoparticles in 3-100 nm range are monodisperse in size but not atomically monodisperse. Thiolate protected gold nanoparticles size less than 3 nm forms highly stable atomically precise compounds with distinct number of gold atoms …

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Socialization To Research And Sponsored Programs Administration Through Transformative Learning: A Qualitative Exploration Of Faculty Perceptions At The University Of Mississippi, Melissa Hodge-Penn Jan 2022

Socialization To Research And Sponsored Programs Administration Through Transformative Learning: A Qualitative Exploration Of Faculty Perceptions At The University Of Mississippi, Melissa Hodge-Penn

Electronic Theses and Dissertations

This study examined faculty socialization at the University of Mississippi regarding research and sponsored program administration through the lens of transformative learning. Participants were 10 tenure track faculty who had been employed at the University of Mississippi no less than one year, no more than seven years, and who had submitted a proposal to or been awarded by an external sponsor to support their research. This study uses a phenomenological design of inquiry where the researcher describes the lived experiences of individuals regarding a phenomenon as defined by the participants through semi-structured interviews. Findings suggested that sponsored research faculty perceived …

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Fugitivity, Confinement, And The Afterlife Of Slavery In Contemporary African American Migration Narratives, Juyoun Jang Jan 2022

Fugitivity, Confinement, And The Afterlife Of Slavery In Contemporary African American Migration Narratives, Juyoun Jang

Electronic Theses and Dissertations

This dissertation investigates a post-Civil Rights-era literary history of fugitive slave figures and their fugitive acts amid temporal and spatial confinement as constituting a tradition of contemporary African American migration narratives. The point of departure for this project is the Prologue of Ralph Ellison’s novel, Invisible Man, where the unnamed Black narrator endures a forced migration to New York, but also invites readers to witness his performance of hibernation in an underground space in a building reserved for white tenants. On the one hand, the low, claustrophobic, and dark space of the narrator’s basement signifies Black migrants’ historical subjection to …

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Motivation Of Individual Directors: A Consolidated Perspective, Yankun Jia Jan 2022

Motivation Of Individual Directors: A Consolidated Perspective, Yankun Jia

Electronic Theses and Dissertations

This dissertation studies the motivation of individual directors on the corporate board and the impact of the motivation of individual directors. Building on previous work, I synthesize self-determination theory, identity theory, and social identity theory to build a comprehensive framework to understand the motivation of individual directors. By analyzing the satisfaction or frustration of basic psychological needs, the engagement of social roles, and the self-categorization and social identification process, this dissertation delivers a preliminary probe into the micro-foundations of the motivation of individual directors in the corporate governance literature.

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Kierkegaard's Self As Synthetic Tension, James Edward Johnson Jan 2022

Kierkegaard's Self As Synthetic Tension, James Edward Johnson

Electronic Theses and Dissertations

Soren Kierkegaard was a nineteenth Danish thinker working within the Christian tradition. While he did not think of himself as a philosopher, much of his work as a writer in philosophical in nature and is important to the inquiry on the philosophy of the mind. Particularly within his work, The Sickness Unto Death, Kierkegaard presents an idea of the human self as a dialectic, understood to be a tension that must be maintained in the synthesis. This idea of the self a synthetic tension can be seen in Kierkegaard’s larger body of work, particularly within the programmatic scheme of the …

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Guests Attitude And Purchase Intention Towards Hotel Vacation Rentals, Daegeun Kim Jan 2022

Guests Attitude And Purchase Intention Towards Hotel Vacation Rentals, Daegeun Kim

Electronic Theses and Dissertations

This study investigated hotel guests’ attitude towards hotel vacation rentals and their purchase intention by applying consumption value theory (CVT) and in the perspective of brand extension. More specifically, this study was divided in to 2 parts in which the first study attempted to investigate how potential hotel vacation rentals guests’ consumption values would affect their purchase intention (PUR) and whether brand loyalty plays a moderating role between the relationships. The second study examined the role of consumer brand identity (CBI) as a success factor of brand extension and which factors have an influence on potential hotel rental guests’ attitude …

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Blood Tide: A Novel, Teagan Kessler Jan 2022

Blood Tide: A Novel, Teagan Kessler

Electronic Theses and Dissertations

This is a work of fiction about a detective who moves to Louisiana to outrun a tragic incident in his past. In Louisiana, he catches a case involving the sheriff’s daughter, who has gone missing. Later found dead, the woman’s life comes to light through the detective’s investigation, all while he battles his PTSD.

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First-Year Students' Perceptions Of Innate Intelligence, Ability, And Interest Across Four Stem Domains: A Comparative Structural Equation Model, Savannah Lea Kelly Jan 2022

First-Year Students' Perceptions Of Innate Intelligence, Ability, And Interest Across Four Stem Domains: A Comparative Structural Equation Model, Savannah Lea Kelly

Electronic Theses and Dissertations

Higher education institutions play a pivotal role in preparing students to acquire the skills necessary to enter the STEM workforce and serve as critical partners in the STEM educational-occupational pipeline. It is imperative that postsecondary institutions encourage equal opportunities for admittance into STEM domains. However, research has consistently demonstrated that gender and racial disparities continue to exist in STEM fields at the postsecondary level, particularly when viewed through the lens of disaggregated disciplinary data. One way to address inequitable attainment across STEM is to evaluate whether students prematurely preclude themselves from STEM participation due to a misalignment between students’ self-perceptions …

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Faculty Perceptions Of Open And Affordable Education Resources, Megan Lowe Jan 2022

Faculty Perceptions Of Open And Affordable Education Resources, Megan Lowe

Electronic Theses and Dissertations

A now-common question regarding whether or not individuals should pursue college degrees is whether college is worth the cost. One of the ways that institutions of higher learning may help students reduce cost of attending college, thereby reducing the financial stresses, is to reduce expenses where possible. One place where institutions of higher learning can reduce expenses for students is course texts and materials. This reduction can be accomplished in several ways, but one way that has gained visibility is the use of open educational resources (OER) and affordable education resources (AER), also known as AOER. This qualitative research study …

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