Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (662542)
- Arts and Humanities (578179)
- Law (545860)
- Education (386829)
- Medicine and Health Sciences (328720)
-
- Physical Sciences and Mathematics (294761)
- Life Sciences (256019)
- Engineering (198026)
- History (183898)
- Business (150813)
- Higher Education (145575)
- Anthropology (116072)
- Religion (110371)
- Archaeological Anthropology (96481)
- Communication (89522)
- Sociology (87340)
- Library and Information Science (80673)
- Medical Specialties (78905)
- United States History (78682)
- Psychology (74130)
- Computer Sciences (63967)
- Public Affairs, Public Policy and Public Administration (63312)
- Earth Sciences (59556)
- Creative Writing (58123)
- Public Health (54833)
- Environmental Sciences (52779)
- English Language and Literature (47867)
- Economics (47594)
- Educational Administration and Supervision (46659)
- Medical Sciences (46116)
- Institution
-
- University of South Florida (163400)
- University of New Mexico (139725)
- University of Nebraska - Lincoln (114065)
- Kenyon College (112902)
- University of Montana (98560)
-
- University of Mississippi (95204)
- University of New Hampshire (79841)
- Brigham Young University (72323)
- Georgia Southern University (61733)
- Eastern Illinois University (58586)
- Utah State University (57333)
- Mississippi State University (54722)
- Western Michigan University (53086)
- University of Kentucky (52552)
- Murray State University (50654)
- Purdue University (50134)
- University of Colorado Law School (47507)
- Louisiana State University (45265)
- Brigham Young University Law School (44084)
- Western Kentucky University (43096)
- Villanova University Charles Widger School of Law (42895)
- California Polytechnic State University, San Luis Obispo (42580)
- University of Central Florida (42552)
- University of Dayton (41462)
- University of Alabama at Birmingham (38142)
- Chulalongkorn University (37845)
- San Jose State University (37198)
- University of Northern Iowa (36032)
- Yale University (33913)
- Missouri University of Science and Technology (33681)
- Keyword
-
- Newspaper (47941)
- Latin America (31541)
- Press release; media release; press statement; news media information (30839)
- Spanish (30834)
- Humans (30082)
-
- History (30061)
- University of New Mexico (29737)
- UNM (29639)
- LADB (29608)
- LAII (29608)
- Latin American and Iberian Institute (29608)
- Education (29101)
- United States (21538)
- Student newspaper (20280)
- Newsletter (19720)
- EIU (19634)
- Georgia Southern University (18971)
- Newspapers (18270)
- Deaf culture (17102)
- Hearing impaired (17092)
- Pastoral care of people with disabilities (17060)
- Church work with the deaf -- Catholic Church (17052)
- Deaf -- Periodicals (17043)
- Athletics (16878)
- Marriage (16190)
- Poetry (15551)
- Students (15201)
- Higher education (14686)
- Female (14619)
- COVID-19 (14486)
- Publication Year
-
- 2026 (118330)
- 2025 (159048)
- 2024 (194779)
- 2023 (164168)
- 2022 (169247)
-
- 2021 (196935)
- 2020 (170128)
- 2019 (166240)
- 2018 (170925)
- 2017 (161801)
- 2016 (160218)
- 2015 (146932)
- 2014 (136900)
- 2013 (131239)
- 2012 (125424)
- 2011 (108877)
- 2010 (104268)
- 2009 (96202)
- 2008 (93179)
- 2007 (79614)
- 2006 (75029)
- 2005 (70588)
- 2004 (71856)
- 2003 (59168)
- 2002 (64882)
- 2001 (55443)
- 2000 (58983)
- 1996 (62751)
- 1992 (53281)
- 1990 (53859)
- Publication
-
- Four Valleys Archive (90475)
- Theses and Dissertations (74551)
- Faculty Publications (46011)
- Electronic Theses and Dissertations (35666)
- University of Montana News Releases, 1928, 1956-present (30912)
-
- Faculty Scholarship (25554)
- Dissertations (23818)
- The Auk (22791)
- Documents (21948)
- Theses (21776)
- Browse All News (21496)
- Articles (19789)
- Walden Dissertations and Doctoral Studies (19777)
- Masters Theses (18671)
- Master's Theses (18449)
- Chulalongkorn University Theses and Dissertations (Chula ETD) (15281)
- Session Laws 1951-2000 (15051)
- NotiSur (13785)
- Faculty, Staff and Student Publications (13701)
- Hillsborough County Marriage Records (13681)
- University of Mississippi News (13497)
- Obituaries (13320)
- The Murray Ledger & Times (13003)
- Sheet Music Collection (12976)
- Defensive Publications Series (12842)
- Michigan Law Review (12811)
- University of Montana Course Syllabi (12469)
- Honors Theses (12169)
- Graduate Theses, Dissertations, and Problem Reports (ETD) (11969)
- Condor (11821)
- Publication Type
Articles 783391 - 783420 of 5208076
Full-Text Articles in Entire DC Network
The Effects Of Covid-19 On Staying Alive Nbme Performance And Exam Testing Conditions, Anh Phuong Nguyen
The Effects Of Covid-19 On Staying Alive Nbme Performance And Exam Testing Conditions, Anh Phuong Nguyen
Scholarship in Medicine - All Papers
Objective: This study will study the impact of COVID-19 on Wright State University BSOM class of 2023’s performance on the SA NBME exam and whether there was a difference in the scores between the group who took the test at school compared to at home. Methods: independent samples t-test was used to analyze SA NBME exam scores from BSOM class of 2022 and class of 2023 (n = 231) and also from students in the class of 2023 who took the SA NBME from home and at school. Results: The class of 2023’s performance on the SA NBME exam …
Social Security Rights Of The European Resident Seafarers : A Joint Report Of The European Transport Workers’ Federation And World Maritime University, World Maritime University, European Transport Workers' Federation
Social Security Rights Of The European Resident Seafarers : A Joint Report Of The European Transport Workers’ Federation And World Maritime University, World Maritime University, European Transport Workers' Federation
Reports
This report presents a mapping exercise undertaken to assess whether national laws and regulations in 10 European Union (EU) countries (Belgium, Croatia, Cyprus, Denmark, France, Italy, Malta, the Netherlands, Poland, and Romania), one European Economic Area (EEA) country (Norway) and the United Kingdom (UK), provide for coverage to seafarers residing in EU/EEA Member States, Switzerland (CH) or the UK. A qualitative methodology combining desktop research and empirical legal analysis was used to gather data as to the particularities of their legal framework and how it works in practice. The focus is on the cross-border nature of the profession and whether …
2022-2024, Benjamin N. Cardozo School Of Law
Impact Of A Multi-Layered Autobiography Project For Transforming Intercultural Competence Among Pre-Service Teachers, Elizabeth J. Sandell, Luz Carime Bersh
Impact Of A Multi-Layered Autobiography Project For Transforming Intercultural Competence Among Pre-Service Teachers, Elizabeth J. Sandell, Luz Carime Bersh
Elementary and Literacy Education Department Publications
This study investigated how a Multi-Layered Autobiography Project impacts the intercultural competence for undergraduate students, many of whom were aspiring teacher candidates in the United States. For purposes of this project, the concept of “culture” was adapted from West and Turner’s (2018) definition: the norms, behaviors, standards, values, etc. shared by a group of people, and passed along to later generations. Investigators deemed that “culture” was composed of numerous microcultures among a smaller group of human beings (with their own language, communication strategies, behavior rules, and expectations), who are bonded together by similar experiences, values, characteristics, organization, membership, location, or …
Maternal Occupational Exposure To Organic Solvents And Noise: Maternal Effects And Infant Outcomes, Kristen Van Buren
Maternal Occupational Exposure To Organic Solvents And Noise: Maternal Effects And Infant Outcomes, Kristen Van Buren
Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)
Introduction: Several maternal occupational exposures have not yet been studied for potential reproductive harm or have inconsistent findings in the literature. Despite the challenges, identification of potential risk factors, specifically reproductive toxicants, is necessary to mitigate and prevent adverse health outcomes for working mothers and their infants. The purpose of this study was to examine maternal occupational exposure to organic solvents and noise to small-for-gestational age (SGA) and preterm birth (PTB) among infants. Additionally, the study sought to examine maternal occupational exposure to noise and presence of gestational diabetes (GDM) and pregnancy-related hypertension among participant mothers.
Methods: The study population …
Potential Impact Of Socioeconomic Status On Complications Associated With Obesity In Adult Women In The United States., Cassidy Taylor
Potential Impact Of Socioeconomic Status On Complications Associated With Obesity In Adult Women In The United States., Cassidy Taylor
Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)
Abstract
The purpose of this project is to determine whether there is an association between socioeconomic factors and complications of obesity in adult women in the United States based on the national 2020 Behavioral Risk Factor Surveillance System (BRFSS) data.
Dependent variables were categorized as complications associated with obesity in adult, obese women. BRFSS items that referenced objective measures regarding chronic obesity-related complications included items such as diabetes, heart disease, arthritis, and breast cancer diagnosis. Two measures relating to participants’ socioeconomic status were also used as independent variables. BRFSS items that referenced objective measures regarding socioeconomic status are educational attainment, …
Attitudes Towards Fentanyl Test Strips Among A Cohort Of People Who Use Drugs In Rural Kentucky, Alaina Murphy
Attitudes Towards Fentanyl Test Strips Among A Cohort Of People Who Use Drugs In Rural Kentucky, Alaina Murphy
Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)
Background and aims Fentanyl-related overdoses have largely contributed to the nearly 500,000 opioid overdose deaths in the United States since 1999. Fentanyl test strips (FTS) are a new technology that is designed to help prevent these overdoses. People who use drugs (PWUD) can test their drug supply for fentanyl by placing the strip in a sample of the drug. However, access to FTS varies across the country. This variance is largely due to rural PWUD not having the same access to harm reduction programs, compared to urban settings. This study uses data on PWUD in rural Kentucky to evaluate attitudes …
Local Public Health System Comprehensiveness And Opioid Overdose Mortality, 2012-2018, Stephanie Courtney
Local Public Health System Comprehensiveness And Opioid Overdose Mortality, 2012-2018, Stephanie Courtney
Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)
Background: Deaths due to opioid overdose are a significant public health burden in the United States. Studies suggest that local public health systems that perform a high number of essential activities where local health departments contribute to the delivery of the activities and promote increased partnership may positively influence population health outcomes such as overdose mortality. Studies have shown that comprehensive public health systems are associated with improved health outcomes, but this association has not been addressed in the context of opioid overdose deaths. Study Aim: The purpose of this study is to evaluate the associations between local public health …
Using Remote Sensing And Machine Learning To Locate Groundwater Discharge To Salmon-Bearing Streams, Mary E. Gerlach, Kai C. Rains, Edgar J. Guerrón-Orejuela, William J. Kleindl, Joni Downs, Shawn M. Landry, Mark C. Rains
Using Remote Sensing And Machine Learning To Locate Groundwater Discharge To Salmon-Bearing Streams, Mary E. Gerlach, Kai C. Rains, Edgar J. Guerrón-Orejuela, William J. Kleindl, Joni Downs, Shawn M. Landry, Mark C. Rains
School of Geosciences Faculty and Staff Publications
We hypothesized topographic features alone could be used to locate groundwater discharge, but only where diagnostic topographic signatures could first be identified through the use of limited field observations and geologic data. We built a geodatabase from geologic and topographic data, with the geologic data only covering ~40% of the study area and topographic data derived from airborne LiDAR covering the entire study area. We identified two types of groundwater discharge: shallow hillslope groundwater discharge, commonly manifested as diffuse seeps, and aquifer-outcrop groundwater discharge, commonly manifested as springs. We developed multistep manual procedures that allowed us to accurately predict the …
Variable Element Enrichment Sources And Contributions To Volcanic Rocks Along The Lesser Antilles Island Arc, Zachary D. Atlas, Aurélie Germa, Brenna Boss, Osvaldo Meireles, Ami Ward, Jeffrey G. Ryan
Variable Element Enrichment Sources And Contributions To Volcanic Rocks Along The Lesser Antilles Island Arc, Zachary D. Atlas, Aurélie Germa, Brenna Boss, Osvaldo Meireles, Ami Ward, Jeffrey G. Ryan
School of Geosciences Faculty and Staff Publications
Understanding relationships between different components involved in subduction-related recycling of sediment at arc volcanic systems has long been a focus of study. It is generally understood that volcanic arc lavas incorporate materials from the down-going slab including fluids, fluid mobile elements (FME), and fluid modified large ion lithophile elements (LILE), largely derived from subducted sediments and serpentinized ultramafic rocks. Past studies have presumed bulk sediment contributions rather than addressing localized variations in sediment composition. We examine trace element variability along the Lesser Antilles Island Arc (LAIA) and show that sediment inputs via fluid transfer to the mantle wedge are necessary …
Under The Surface: Pressure-Induced Planetary-Scale Waves, Volcanic Lightning, And Gaseous Clouds Caused By The Submarine Eruption Of Hunga Tonga-Hunga Ha'apai Volcano, David A. Yuen, Melissa A. Scruggs, Frank J. Spera, Yingcai Zheng, Hao Hu, Stephen R. Mcnutt, Glenn Thompson, Kyle Mandli, Barry R. Keller, Songqiao Shawn Wei, Zhigang Peng, Zili Zhou, Francesco Mulargia, Yuichiro Tanioka
Under The Surface: Pressure-Induced Planetary-Scale Waves, Volcanic Lightning, And Gaseous Clouds Caused By The Submarine Eruption Of Hunga Tonga-Hunga Ha'apai Volcano, David A. Yuen, Melissa A. Scruggs, Frank J. Spera, Yingcai Zheng, Hao Hu, Stephen R. Mcnutt, Glenn Thompson, Kyle Mandli, Barry R. Keller, Songqiao Shawn Wei, Zhigang Peng, Zili Zhou, Francesco Mulargia, Yuichiro Tanioka
School of Geosciences Faculty and Staff Publications
We present a narrative of the eruptive events culminating in the cataclysmic January 15, 2022 eruption of Hunga Tonga-Hunga Ha'apai Volcano by synthesizing diverse preliminary seismic, volcanological, sound wave, and lightning data available within the first few weeks after the eruption occurred. The first hour of eruptive activity produced fast-propagating tsunami waves, long-period seismic waves, loud audible sound waves, infrasonic waves, exceptionally intense volcanic lightning and an unsteady volcanic plume that transiently reached—at 58 km—the Earth's mesosphere. Energetic seismic signals were recorded worldwide and the globally stacked seismogram showed episodic seismic events within the most intense periods …
A Deep Active Learning Approach To The Automatic Classification Of Volcano-Seismic Events, Grace F. Manley, Tamsin A. Mather, David M. Pyle, David A. Clifton, Mel Rodgers, Glenn Thompson, John Makario Londoño
A Deep Active Learning Approach To The Automatic Classification Of Volcano-Seismic Events, Grace F. Manley, Tamsin A. Mather, David M. Pyle, David A. Clifton, Mel Rodgers, Glenn Thompson, John Makario Londoño
School of Geosciences Faculty and Staff Publications
Volcano-seismic event classification represents a fundamental component of volcanic monitoring. Recent advances in techniques for the automatic classification of volcano-seismic events using supervised deep learning models achieve high accuracy. However, these deep learning models require a large, labelled training dataset to successfully train a generalisable model. We develop an approach to volcano-seismic event classification making use of active learning, where a machine learning model actively selects the training data which it learns from. We apply a diversity-based active learning approach, which works by selecting new training points which are most dissimilar from points already in the model according to a …
Spatial Variation Of Subduction Zone Fluids During Progressive Subduction: Insights From Serpentinite Mud Volcanoes, Catriona D. Menzies, Roy E. Price, Jeffrey Ryan, Olivier Sissmann, Ken Takai, C. Geoffrey Wheat
Spatial Variation Of Subduction Zone Fluids During Progressive Subduction: Insights From Serpentinite Mud Volcanoes, Catriona D. Menzies, Roy E. Price, Jeffrey Ryan, Olivier Sissmann, Ken Takai, C. Geoffrey Wheat
School of Geosciences Faculty and Staff Publications
Geological processes at subduction zones control seismicity, plutonism and volcanism, and geochemical cycling between the oceans, crust, and mantle. The down-going plate experiences metamorphism, and the associated dehydration and fluid flow alters the physical properties of the plate interface and mantle wedge, as well as controlling the composition of material descending into the mantle. Any direct study of slab evolution during subduction is inhibited by the prohibitive depths at which these processes occur. To examine these processes we use serpentinite mud volcanoes in the Mariana forearc, that permit sampling of serpentinite materials and their pore waters that …
Under The Surface: Pressure-Induced Planetary-Scale Waves, Volcanic Lightning, And Gaseous Clouds Caused By The Submarine Eruption Of Hunga Tonga-Hunga Ha’Apai Volcano Provide An Excellent Research Opportunity, David A. Yuen, Melissa A. Scruggs, Frank J. Spera, Yingcai Zheng, Hao Hu, Stephen R. Mcnutt, Glenn Thompson, Kyle Mandli, Barry R. Keller, Songqiao Shawn Wei, Zhigang Peng, Zili Zhou, Francesco Mulargia, Yuichiro Tanioka
Under The Surface: Pressure-Induced Planetary-Scale Waves, Volcanic Lightning, And Gaseous Clouds Caused By The Submarine Eruption Of Hunga Tonga-Hunga Ha’Apai Volcano Provide An Excellent Research Opportunity, David A. Yuen, Melissa A. Scruggs, Frank J. Spera, Yingcai Zheng, Hao Hu, Stephen R. Mcnutt, Glenn Thompson, Kyle Mandli, Barry R. Keller, Songqiao Shawn Wei, Zhigang Peng, Zili Zhou, Francesco Mulargia, Yuichiro Tanioka
School of Geosciences Faculty and Staff Publications
We present a narrative of the eruptive events culminating in the cataclysmic 15 January 2022 eruption of Hunga Tonga-Hunga Ha’apai Volcano by synthesizing diverse preliminary seismic, volcanological, sound wave, and lightning data available within the first few weeks after the eruption occurred. The first hour of eruptive activity produced fast-propagating tsunami waves, long-period seismic waves, loud audible sound waves, infrasonic waves, exceptionally intense volcanic lightning and an unsteady volcanic plume that transiently reached—at 58 km—the Earth’s mesosphere. Energetic seismic signals were recorded worldwide and the globally stacked seismogram showed episodic seismic events within the most intense periods of phreatoplinian activity, …
Uncertainty Quantification Of Eruption Source Parameters Estimated From Tephra Fall Deposits, R. Constantinescu, J. T. White, C. B. Connor, A. Hopulele-Gligor, S. Charbonnier, J.-C. Thouret, J. M. Lindsay, D. Bertin
Uncertainty Quantification Of Eruption Source Parameters Estimated From Tephra Fall Deposits, R. Constantinescu, J. T. White, C. B. Connor, A. Hopulele-Gligor, S. Charbonnier, J.-C. Thouret, J. M. Lindsay, D. Bertin
School of Geosciences Faculty and Staff Publications
Uncertainty quantification (UQ) in eruption source parameters, like tephra volume, plume height, and umbrella cloud radius, is a challenge for volcano scientists because tephra deposits are often sparsely sampled due to burial, erosion, and related factors. We find that UQ is improved by coupling an advection-diffusion model with two Bayesian inversion approaches: (a) a robust but computationally expensive Generalized Likelihood Uncertainty Estimation algorithm, and (b) a more approximate but inexpensive parameter estimation algorithm combined with first-order, second-moment uncertainty estimation. We apply the two inversion methods to one sparsely sampled tephra fall unit from the 2070 BP El Misti (Peru) eruption …
Impact Of Model Choice In Predicting Urban Forest Storm Damage When Data Is Uncertain, Casey Lambert, Shawn Landry, Michael G. Andreu, Andrew Koeser, Gregory Starr, Christina Staudhammer
Impact Of Model Choice In Predicting Urban Forest Storm Damage When Data Is Uncertain, Casey Lambert, Shawn Landry, Michael G. Andreu, Andrew Koeser, Gregory Starr, Christina Staudhammer
School of Geosciences Faculty and Staff Publications
Research that illuminates causes of urban forest storm damage is valuable for planning and management. However, logistical and safety concerns often delay post-storm surveys in urban areas; thus, surveys may include observations with unverified sources of damage. While this uncertainty is often ignored, it can make up a high proportion of the number of damaged trees. The goal of this research was to improve understanding of techniques for modeling storm damage in urban forests. Using urban forest storm damage inventories collected in Florida, post-Hurricane Irma (2017), we tested how different imputation methods, modeling procedures, and damage frequency levels could impact …
Passages Alaska, Conarro, Asia Freeman, Nita Yurrliq Rearden, Jennifer Tungatuq Romer, Christina Bixland, Chaesong Kim
Passages Alaska, Conarro, Asia Freeman, Nita Yurrliq Rearden, Jennifer Tungatuq Romer, Christina Bixland, Chaesong Kim
Curricula
Through deep engagement with Ping Chong and Company’s interdisciplinary theater production ALAXSXA | ALASKA, students and educators in Passages Alaska explore little-known Alaska histories, and they create artistic expressions of personal stories and community stories that acknowledge and celebrate their lived experiences as integral parts of that Alaska history. The course unfolds as nine units, one week each (5 sessions, 90 minutes each). The lessons and units may be adapted to other course structures. Each of the nine units fulfills Alaska History content standards through an arts-based, arts-integrated pursuit that is linked directly to, or inspired by, the content of …
Qualified Immunity: Sculpting A Statute-Esque Solution To A Judicially Created Policy Comments, Daniel Rafferty
Qualified Immunity: Sculpting A Statute-Esque Solution To A Judicially Created Policy Comments, Daniel Rafferty
University of Dayton Law Review
No abstract provided.
"Justice On The Brink" And The Rule Of Law, Linda Greenhouse
"Justice On The Brink" And The Rule Of Law, Linda Greenhouse
University of Dayton Law Review
Keynote address of the 29th annual Dayton Bench-Bar Conference, November 5, 2021.
Front Matter, Volume 47, Number 1, University Of Dayton
Front Matter, Volume 47, Number 1, University Of Dayton
University of Dayton Law Review
Table of contents, masthead, general information
Election Silence: Revisiting Mills V. Alabama In The Modern Context, Nicholas E. Petrosky
Election Silence: Revisiting Mills V. Alabama In The Modern Context, Nicholas E. Petrosky
University of Dayton Law Review
No abstract provided.
The Roberts Court And Class Litigation: Revolution, Evolution, And Work To Be Done, Richard D. Freer
The Roberts Court And Class Litigation: Revolution, Evolution, And Work To Be Done, Richard D. Freer
Faculty Articles
Since 2005, when John Roberts was appointed Chief Justice, there have been startling changes to the world of class actions. Jurisdictionally, the Class Action Fairness Act of 2005 fundamentally reconfigured the allocation of class litigation between federal and state courts. Federal Rule of Civil Procedure 23, the federal class action provision, has been amended three times in the Roberts years, once in a meaningful way. Our focus, however, is on what the Roberts Court has done in the class action world through its caselaw. On that score, we have a remarkable corpus. From Shady Grove Orthopedic Associates, P.A. v. …
From Contacts To Relatedness: Invigorating The Promise Of "Fair Play And Substantial Justice" In Personal Jurisdiction Doctrine, Richard D. Freer
From Contacts To Relatedness: Invigorating The Promise Of "Fair Play And Substantial Justice" In Personal Jurisdiction Doctrine, Richard D. Freer
Faculty Articles
Personal jurisdiction is integral to access to justice. Without a convenient court, plaintiffs’ efforts to vindicate claims (and society’s interest in private enforcement of law) may be thwarted. After considerable engagement in between 1977 and 1990, the Supreme Court did not decide a personal jurisdiction case between 1990 and 2011. This Symposium addresses what the Court has done regarding personal jurisdiction in the “new era” that started in 2011. That year brought a specific jurisdiction decision, J. McIntyre Machinery, Ltd. v. Nicastro, and a general jurisdiction decision, Goodyear Dunlop Tires Operations, S.A. v. Brown. The former broke no …
Promoting Regulatory Prediction, Jonathan S. Masur, Jonathan R. Nash
Promoting Regulatory Prediction, Jonathan S. Masur, Jonathan R. Nash
Faculty Articles
It is essential for environmental protection that private actors be able to anticipate government regulation. If, for instance, the Biden Administration is planning to tighten regulations of greenhouse gas emissions, it is imperative that private companies anticipate this regulatory change now, not a few years from now after they have constructed even more coal- and gas-fired power plants. Those additional power plants will mean more irreversible greenhouse gases, and these plants can be politically challenging to shutter once built. The point is general to private actors making decisions in the shadow of potential government regulation. Better information about future government …
Rational Actors, Class Action Waivers, And The Emergence Of Mass Individual Arbitration Demands, Richard D. Freer
Rational Actors, Class Action Waivers, And The Emergence Of Mass Individual Arbitration Demands, Richard D. Freer
Faculty Articles
Part I of this Article gives a brief overview of the FAA, including the four understandings that underlay the Court’s jurisprudence for six decades, and the radical transformation wrought by the Court’s rejection of those understandings in the past four decades. Part II discusses how the transformation of the FAA led plaintiff and defense counsel, as rational actors, to adopt positions that ultimately led to the focus on class action waivers. Part III analyzes the Court’s decisions from 2013 to the present and draws at least some tentative conclusions about where things stand a decade after Professor Wasserman raised these …
Medicare "Bankruptcy", Matthew B. Lawrence
Medicare "Bankruptcy", Matthew B. Lawrence
Faculty Articles
Medicare, the social insurance program for the elderly and disabled, is once again facing insolvency. Spending from the program’s hospital insurance trust fund is predicted to exceed the accumulated payroll taxes and other revenues that support the fund within the next five years, leaving Medicare unable to honor some of its obligations. Yet, what happens if and when Medicare becomes insolvent has not previously been explored in legal scholarship and is not addressed in statute or regulation. This Article confronts for the first time the major legal questions that Medicare insolvency would present. It explains what policymakers could do to …
A Solution For The Third-Party Doctrine In A Time Of Data Sharing, Contact Tracing, And Mass Surveillance, Tonja Jacobi, Dustin Stonecipher
A Solution For The Third-Party Doctrine In A Time Of Data Sharing, Contact Tracing, And Mass Surveillance, Tonja Jacobi, Dustin Stonecipher
Faculty Articles
Today, information is shared almost constantly. People share their DNA to track their ancestry or for individualized health information; they instruct Alexa to purchase products or provide directions; and, now more than ever, they use videoconferencing technology in their homes. According to the third-party doctrine, the government can access all such information without a warrant or without infringing on Fourth Amendment privacy protections. This exposure of vast amounts of highly personal data to government intrusion is permissible because the Supreme Court has interpreted the third-party doctrine as a per se rule. However, that interpretation rests on an improper understanding of …
Delegating Climate Authorities, Mark P. Nevitt
Delegating Climate Authorities, Mark P. Nevitt
Faculty Articles
The science is clear: the United States and the world must take dramatic action to address climate change or face irreversible, catastrophic planetary harm. Within the U.S.—the world’s largest historic emitter of greenhouse gas emissions—this will require passing new legislation or turning to existing statutes and authorities to address the climate crisis. Doing so implicates existing and prospective delegations of legislative authority to a large swath of administrative agencies. Yet congressional climate decision-making delegations to any executive branch agency must not dismiss the newly resurgent nondelegation doctrine. Described by some scholars as the “most dangerous idea in American law,” the …
The Sec’S Climate Disclosure Rule: Critiquing The Critics, George S. Georgiev
The Sec’S Climate Disclosure Rule: Critiquing The Critics, George S. Georgiev
Faculty Articles
Climate change is an existential phenomenon, which entails a wide variety of physical risks as well as sizeable but underappreciated economic risks. In March 2022, the U.S. Securities and Exchange Commission (SEC) moved to address some of the information gaps related to the effects of climate change on firms by proposing a rule that requires public companies to report detailed and standardized information about important climate-related matters for the benefit of investors and markets. Though the rule proposal was welcomed by many market participants, it was also met with a level of opposition that was unusual in both its intensity …
Protecting State Constitutional Rights From Unconstitutional Conditions, Kay L. Levine, Jonathan R. Nash, Robert A. Schapiro
Protecting State Constitutional Rights From Unconstitutional Conditions, Kay L. Levine, Jonathan R. Nash, Robert A. Schapiro
Faculty Articles
The unconstitutional conditions doctrine limits the ability of governments to force individuals to choose between retaining a right and enjoying a government benefit. The doctrine has primarily remained a creature of federal law, with neither courts nor commentators focusing on the potentially important role of state doctrines of unconstitutional conditions. This omission has become especially significant during the COVID-19 pandemic, as actions by state and local governments have presented unconstitutional conditions questions in a range of novel contexts. The overruling of Roe v. Wade and the resulting focus on state constitutional rights to abortion will offer additional new settings for …