Digital Commons Network^™

Remarks, Andrea L. Dennis

Scholarly Works

Over the course of one week, the Michigan Journal of Law Reform presented its annual Symposium, this year titled Reimagining Police Surveillance: Protecting Activism and Ending Technologies of Oppression. During this week, the Journal explored complicated questions surrounding the expansion of police surveillance technologies, including how police and federal agencies utilize their extensive resources to identify and surveil public protest, the ways in which technology employed by police is often flawed and disparately impacts people of color, and potential reforms of police surveillance technology. Before delving into these complicated questions, I presented remarks on the history of police surveillance in …

International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee

Scholarly Works

The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.

The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …

Panel Three: How Should Spacs Be Treated Going Forward (Ipos, Mergers, Or Distinctly Different?), Usha Rodrigues, Gregg A. Noel, Rick Flemming, Michael Stegemoller

Scholarly Works

From the Symposium: Here to Stay: Wrestling with the Future of the Quickly Maturing SPAC Market

Panel addressing and examining the policy concerns around special purpose acquisition companies (SPACs).

Recovering Contingency Within American Antimonopoly And Democracy, Laura Phillips-Sawyer

Scholarly Works

*This is the fourth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here.

In his chapter on antitrust law and the American antimonopoly tradition, the penultimate substantive chapter of the book, Novak covers much familiar ground. Yet, he is not focused on the conventional areas of debate in antitrust history, which have included recovering the congressional intent behind the Sherman Antitrust Act of 1890, recreating the economic logic of early antitrust jurisprudence, or surveying the doctrinal shift from “literalism” to the rule of …

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Scholarly Works

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …

Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen

Scholarly Works

I was invited to a symposium on Anne Orford’s book, International Law and the Politics of History. On my way there, my mind wandered, and I found myself lost in a forest of half-remembered stories and unfinished thoughts. Searching for a way out, this is what I discovered.

Righting A Reproductive Wrong: A Statutory Tort Solution To Misrepresentation By Reproductive Tissue Providers, Yaniv Heled, Hillel Y. Levin, Timothy D. Lytton, Liza Vertinsky

Scholarly Works

Fraud, misrepresentation, and other unfair trade practices plague the market for human reproductive tissue. The sale of sperm, eggs, and embryos is virtually unregulated in almost all states, and courts have been inhospitable to victims. As a result, children are born with genetic disorders that impose extreme financial and personal hardship. Proposals for direct government oversight have, for the most part, failed to gain traction, and litigation has yielded inadequate remedies.

This Article assesses these problems and proposes model legislation that would eliminate doctrinal obstacles to holding unscrupulous reproductive tissue providers liable. By making it easier for parents to bring …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2021, the United States District Court for the Southern District of Alabama, in an issue of first impression, concluded that the United States is not a "person" under the contribution provision of the Oil Pollution Act (OPA),2 and therefore the provision did not waive the sovereign immunity of the United States. For this and other reasons a plaintiff could not recover in contribution from the United States for the plaintiffs costs of cleaning up an oil spill, even where the plaintiff alleged the spill was the result of the sole negligence of the United States. The United States District …

Race-Ing Antitrust, Bennett Capers, Greg Day

Scholarly Works

Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.

We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …

Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity

Scholarly Works

In an effort to improve outcomes for CSEC (commercial and sexual exploitation of children) youth and to facilitate accurate identification of survivors through the implementation of multidisciplinary, survivor-focused responses, jurisdictions have increasingly looked towards treatment courts to serve as a model for prevention, intervention, diversion, and treatment. Juvenile and family courts are uniquely positioned to intervene in cases involving CSEC. Several jurisdictions have already created treatment courts to specifically address the needs of survivors and those at risk of CSEC, particularly those who are involved in the child welfare or juvenile justice systems. The goal of treatment courts for survivors …

Tributes To Family Law Scholars Who Helped Us Find Our Path, Thomas Oldham, Paul M. Kurtz

Scholarly Works

At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project. So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members …

Clean Air Act Section 115: Is The Ipcc A 'Duly Constituted International Agency'?, Adam D. Orford

Scholarly Works

Does EPA’s receipt of the Assessment Reports of the Intergovernmental Panel on Climate Change (IPCC) trigger the agency’s duties under Clean Air Act § 115? The law requires EPA to take action to prevent or eliminate air pollution endangering the public health or welfare of foreign nationals under certain circumstances. If triggered, the argument goes, the law could justify, or compel, EPA’s imposition of nationwide greenhouse gas regulation to combat climate change. One way to justify this, or compel it, is to trigger EPA’s duties “upon receipt of reports, surveys or studies from any duly constituted international agency.” This article …

Artificially Intelligent Boards And The Future Of Delaware Corporate Law, Christopher Bruner

Scholarly Works

This article argues that the prospects for Artificial Intelligence (AI) to impact corporate law are at once over- and under-stated, focusing on the law of Delaware – the predominant jurisdiction of incorporation for US public companies. Claims that AI systems might displace human directors not only exaggerate AI’s foreseeable technological potential, but ignore doctrinal and institutional impediments intrinsic to Delaware’s competitive model – notably, heavy reliance on nuanced applications of the fiduciary duty of loyalty by a true court of equity. At the same time, however, there are discrete AI applications that might not merely be accommodated by Delaware corporate …

In And Out: Leishmania Metastasis By Hijacking Lymphatic System And Migrating Immune Cells, Baijayanti Jha, Marta Reverte, Catherine Ronet, Florence Prevel, Florence D Morgenthaler, Chantal Desponds, Lon-Fye Lye, Katherine L Owens, Leonardo Scarpellino, Lalit Kumar Dubey, Amélie Sabine, Tatiana V Petrova, Sanjiv A Luther, Stephen M Beverley, Nicolas Fasel

2020-Current year OA Pubs

The lymphatic system plays a crucial role in mounting immune response against intracellular pathogens, and recent studies have documented its role in facilitating tumor dissemination linked largely with cancer cells. However, in mucocutaneous leishmaniasis (MCL) caused by

Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq

Scholarly Works

International organizations mandated to govern social rights are colliding with international organizations mandated to govern economic development. While disagreeing with the nature of fragmentation and conflict across international organizations, legal and social science scholars offer various proposals to unify global governance. Those proposals assume that unification will come naturally. That assumption is wrong.
/="/">
/="/">The distinct legal instruments that govern and control international organizations render conflict inevitable and unification improbable. By closely examining the pandemic-related activities carried out by the International Labor Organization, the World Bank, and the International Monetary Fund in the same 41 countries, the implications of …

The Informed Jury, Daniel Epps, William Ortman

Scholarly Works

The right to a criminal jury trial is a constitutional disappointment. Cases almost never make it to a jury because of plea bargaining. In the few cases that do, the jury is relegated to a narrow factfinding role that denies it normative voice or the ability to serve as a meaningful check on excessive punishment.

One simple change could situate the jury where it belongs, at the center of the criminal process. The most important thing juries do in criminal cases is authorize state punishment. But today, when a jury returns a guilty verdict, it authorizes punishment without any idea …

Shadow Contracts, Jessica S. Jeffers, Anne M. Tucker

Scholarly Works

This project explores side letters in private market funds. Side letters, separate agreements between a fund and an investor, act as an invisible amendment to the main contract. This article introduces a new use case for side letters: impact invest- ments, where funds target social, as well as financial returns. Using a hand-col- lected data set, we examine the scope and role of side letters in this growing space. Side letters as "shadow contracts" demonstrate the Easterbrook/Fischel theories in action, namely that parties "write their own tickets," tailoring agreement terms to their specific needs within the framework of corporate governance …

Prepaid Death, Victoria J. Haneman

Scholarly Works

No abstract provided.

Fluorescence Imaging Of Beta Cell Primary Cilia, Zipeng A Li, Jung Hoon Cho, Louis G Woodhams, Jing W Hughes

2020-Current year OA Pubs

Primary cilia are slender cell-surface organelles that project into the intercellular space. In pancreatic beta cells, primary cilia coordinate a variety of cell responses including GPCR signaling, calcium influx, and insulin secretion, along with likely many underappreciated roles in islet development and differentiation. To study cilia function in islet biology, direct visualization of primary cilia by microscopic methods is often a necessary first step. Ciliary abundance, distribution, and morphology are heterogeneous among islet cells and are best visualized by fluorescence microscopy, the tools for which are readily accessible to most researchers. Here we present a collection of fluorescence imaging methods …

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Trapped Between Sovereigns: What's An Ethical Lawyer To Do When Federal, State, Or Local Criminal Laws Conflict?, Sander J. Morehead, James E. Moore, Chesney M. Arend

South Dakota Law Review

No abstract provided.

Federalism, Cannabis, And Public Health: Prohibition Is Wrong, But Raich Is Still Right, Daniel G. Orenstein

South Dakota Law Review

No abstract provided.

21st Century Voter Initiatives In South Dakota: The Gun Behind The Door, Michael Card

South Dakota Law Review

No abstract provided.

A Or Z?: An Analysis Of Thom V. Barnett, Gabrielle Unruh

South Dakota Law Review

No abstract provided.

Predicting Students' Mental Disorders Using Machine Learning, Maryam Sadiq

Theses

The mental health issues among students are prevailing due to predictions of low mood, anxiety, depression, and academic difficulties. Late diagnosis of these mental health issues takes prolonged measures to minimise its impact. Nowadays, machine learning is used to assess mental health by detecting signals that provide information about mental health through brain scans and questionnaires. Early detection of mental health issues in students possible to control them effectively. Colleges and universities are trying to improve student care by assessing their mental health and reducing mental health problems through psychological therapies. Machine learning techniques, including Multiclass Classifier, LAD Tree, and …

Exceptional Point Generated Robust Asymmetric High-Order Harmonics, Hamidreza Ramezani, Amir Targholizadeh, Gui-Lei Zhu, Xin-You Lü, Cem Yuce

Physics & Astronomy Faculty Publications

Using exceptional point dynamics in time and space modulated lattices we propose a new mechanism for generation of asymmetric robust higher harmonics. Specifically we design a metallic-silicon system with a complex optical potential spatiotemporally modulated along the length of the waveguide for this robust higher harmonic generation. In our system the dynamical equations associated with modal field amplitudes are described by a Jordan form Hamiltonian. This ultimately will allow for a unidirectional higher frequency generation which always has a maximum value for a specific length of the waveguide irrespective of the geometrical imperfections in the design of the waveguide. Furthermore, …

Allyship Development Program Newsletter, Georgia Southern University, Allyship Development Program

Office of Organizational Effectiveness, Leadership Development & Engagement

• Starting Off Sprig 2022
• How to Practice Allyship at Georgia Southern University
• Celebrate With Us
• Georgia Southern Annual Black Business Pop-Up Shop
• OIE Library

Fixing America's Broken Democracy, Erwin Chemerinsky

Lewis & Clark Law Review

No abstract provided.