Digital Commons Network^™

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

State Standing To Constrain The President, F. Andrew Hessick, William P. Marshall

Faculty Publications

No abstract provided.

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast

Faculty Publications

No abstract provided.

Regulating By Example, Susan C. Morse, Leigh Osofsky

Faculty Publications

No abstract provided.

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

Housing Defense As The New Gideon, Kathryn A. Sabbeth

Faculty Publications

New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC’s ground-breaking legislation. The Article draws on NYC’s housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court’s indirect response to the Civil Rights Movement. In contrast, the NYC legislature …

Algorithms At Work: Productivity Monitoring Applications And Wearable Technology, Ifeoma Ajunwa

Faculty Publications

Recent work technology advancements such as productivity monitoring software applications and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Article, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I argue that productivity monitoring applications will prompt a reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …

Sleep Disturbances And Depression Severity In Patients With Parkinson’S Disease, Daniel Kay, Jared J. Tanner, Dawn Bowers

Faculty Publications

Objectives: Parkinson’s disease (PD) is a multisystem movement disorder associated with sleep disturbance and depression. Sleep disturbances and depression severity share a bidirectional association. This association may be greater in individuals who are more vulnerable to the deleterious consequences of sleep disturbance and depression severity. We investigated whether the association between sleep disturbances and depression severity is greater in patients with PD than in matched controls (MC).

Materials and Methods: The study sample (N = 98) included 50 patients with idiopathic PD and 48 age-, race-, sex-, and education-matched controls. Sleep disturbances were assessed using self-reported total sleep time (TST) …

The Litigators: Perceptions Of Predictability, Definitions Of A Good Outcome, And An Alternative To Mass Tort Trials, Lisa K. Dicker, Shane K. Hebel

Faculty Publications

(Excerpt)

A pervasive theme in our understanding of civil legal disputes is the “big case”; that is, the generic mass tort that pits sympathetic clients against shadowy, villainous corporations. In John Grisham’s stories about these cases, a David-and-Goliath legal battle ensues, the parameters of the law shift, the attorneys’ ethics stretch, and the author uses characters to reveal both sides’ deep secrets unwillingly—and sometimes unwittingly. Ultimately, the case leads to a “win” for one side or the other—either a huge payday for the clients and a large percentage-based fee for the lawyers who stumbled across it, or a corporation that …

The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson

Faculty Publications

(Excerpt)

Those involved in peace negotiations often face the dilemma of balancing demands for justice with the imperative of stopping the conflict as quickly as possible. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of death by torture—the peace versus justice puzzle is a living dilemma with which those involved in the peace process grapple with on a daily basis.

Is it morally permissible to allow conflict (and the attendant human suffering) to continue, …

Arbitration Law Update: 2017-2018, Teresa J. Verges, Elissa Germaine

Faculty Publications

(Excerpt)

This article summarizes the leading federal and state arbitration cases during the last year that are of particular relevance to the securities arbitration practitioner. In its sole arbitration decision during the 2017-18 term, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that employers could require their employees to waive their right to class actions and collective arbitration. Courts also addressed a host of novel issues, including whether investors can force a non-FINRA member and municipal bond indentured trustee to arbitrate before FINRA, the arbitrability of claims against a cryptocurrency exchange, and the applicability of a state's …

Understanding The Role Of Religious Comfort And Strain On Depressive Symptoms In An Inpatient Psychiatric Setting, Alexis D. Abernethy, Joseph M. Currier, Charlotte Vanoyen-Witvliet, Sarah A. Schnitker, Katharine M. Putman, Lindsey M. Root Luna, Joshua D. Foster, Andrene Spencer, Heather Jones, Karl Vanharn, Janet Carter

Faculty Publications

Understanding the role of religion in mental illness has always been complicated as some people turn to religion to cope with their illness, whereas others turn away. The overarching purpose of this study was to draw on quantitative and qualitative information to illuminate ways in which religiousness might be associated with changes in depressive symptomatology in a spiritually integrated inpatient treatment program. This repeated measures mixed method study examined the relations among religious comfort (RC), religious strain (RS), and depression in an inpatient psychiatric sample. Adult inpatients (N=248; Mage = 40.78 years; SD = 18.97) completed measures of RC, RS, …

Measuring Leak Rates From Abandoned Natural Gas Wells In Western Pennsylvania, John Bradshaw, Jeremy M. Slagley, Nicole Iannacchione, Matthew Lees

Faculty Publications

The proliferation of unconventional natural gas drilling has brought considerable recent attention to the possible impacts that this new technology may have on greenhouse gas emissions. In Pennsylvania, estimates of these possible impacts are very difficult to accurately assess in large part due to the highly uncertain contribution from legacy abandoned and orphaned gas (AOG) wells. This paper outlines our work in establishing a methodology for measuring the methane leak rate from AOG wells in Western Pennsylvania. The theory and methodology of an enclosure method for measuring the methane mass leak rate from one AOG natural gas well is described. …

Coverage And Prior Authorization Policies For Medications For Opioid Use Disorder In Medicaid Managed Care, Michael S. Spencer, Karina L. Walters, Heidi L. Allen, Christina M. Andrews Ph.D., Audrey Begun, Teri Browne Ph.D., Msw, John D. Clapp, Diana Dinitto, Peter Maramaldi, Darrell P. Wheeler, Bradley J. Zebrack, Edwina Uehara

Faculty Publications

More than 60 million Americans experience devastating one-two punches to their health -- they have inadequate access to basic health care while also enduring the effects of discrimination, poverty, and dangerous environments that accelerate higher rates of illness. Innovative and evidence-based social strategies can improve health care and lead to broad gains in the health of our entire society.

An Ambitious Approach, Nicole Buonocore Porter

Faculty Publications

In their book, Lifetime Disadvantage, Discrimination and the Gendered Workforce, Susan Bisom-Rapp and Malcolm Sargeant explore the disadvantages women experience in the workforce throughout their careers and the cumulative effects of those disadvantages over their lifetimes.

[...]

Part II of this review is a chapter-by-chapter summary of the book. Part III provides my critical evaluation of the both the goals of this book and its execution. Part IV uses this book's ambitious approach as a springboard for exploring one of my own research projects that has been simply gathering dust.

This abstract has been taken from the author's introduction.

Ending Harassment By Starting With Retaliation, Nicole Buonocore Porter

Faculty Publications

This Essay posits that the fear of retaliation significantly contributes to the problem of harassment—we cannot hope to end harassment without starting by addressing the reality of retaliation. Although some scholars have argued that the fear of retaliation is one reason women don’t report harassment, and some scholars have discussed the inadequacies of anti-retaliation law, this Essay breaks new ground by arguing that ending harassment must start with preventing retaliation. Part I backs up what seems to be a commonsense proposition: Many victims of harassment do not report it because they fear retaliation.5 Part II then describes the difficulty in …

Cumulative Hardship, Nicole Buonocore Porter

Faculty Publications

Although there are plenty of cases that mention the undue-hardship provision under the ADA, there are relatively few cases where the undue-hardship provision is outcome-determinative or even discussed in depth. To complicate matters further, the Author of this Article could find no case where the court discussed the issue of cumulative hardship in the ADA context. This Article explores this issue and arrives at possible solutions for how this issue should be resolved when it arises.

This Article proceeds in four parts. Part I gives an introduction to the ADA and the undue-hardship provision. Part 1H gets to the heart …

Family Justice Initiative: The Landscape Of Domestic Relations Cases In State Courts, Paula Hannaford-Agor, Lydia Hamblin, Brittney Via, Natalie Anne Knowlton

Faculty Publications

The Family Justice Initiative (FJI) Landscape study represents the first large, aggregate examination of how family court cases are litigated in the state courts. Much of the findings confirmed conventional wisdom about family court litigation, though several offered new insights into the typical domestic relations case. The study findings also raise questions both of how domestic relations cases should be managed and whether the judicial branch is still the most appropriate forum for such cases.

This report documents the caseload characteristics of domestic relations cases disposed between July 1, 2016, and June 30, 2017, across eleven large, urban courts. Three …

Commerce, Religion, And The Rule Of Law, Nathan B. Oman

Faculty Publications

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu …

The Jury Sunshine Project: Jury Selection Data As A Political Issue, Ronald F. Wright, Kami Chavis, Gregory S. Parks

Faculty Publications

In this Article, the authors look at jury selection from the viewpoint of citizens and voters, standing outside the limited boundaries of constitutional challenges. They argue that the composition of juries in criminal cases deserves political debate outside the courtroom. Voters should use the jury selection habits of judges and prosecutors to assess the overall health of local criminal justice: local conditions are unhealthy when the full-time courtroom professionals build juries that exclude parts of the local community, particularly when they exclude members of traditionally marginalized groups such as racial minorities. Every sector of society should participate in the administration …

Changes In Estuarine Sediment Phosphorus Fractions During A Large-Scale Mississippi River Diversion, Eric D. Roy, Nhan T. Nguyen, John R. White

Faculty Publications

Ongoing deterioration and loss of wetlands in the Mississippi River delta threatens the survival of Louisiana's coastal ecosystems and human settlements. In response, the State of Louisiana has proposed a $50 billion, 50-year restoration program. A central piece of this program is the reintroduction of Mississippi River water into the deltaic plain using managed diversions that mimic natural flood pulses. These diversions would transport critically needed sediment, but also deliver large nutrient loads. Coastal eutrophication is therefore a concern, particularly blooms of toxin-producing cyanobacteria. The Bonnet Carré Spillway (BCS) is an existing large flood diversion that protects New Orleans and …

Deep Learning Architectures For Multi-Label Classification Of Intelligent Health Risk Prediction, Andrew Maxwell, Runzhi Li, Bei Yang, Heng Weng, Aihua Ou, Huixiao Hong, Zhaoxian Zhou, Ping Gong, Chaoyang Zhang

Faculty Publications

No abstract provided.

Blood Pressure Self-Monitoring In Pregnancy: Examining Feasibility In A Prospective Cohort Study, Katherine L. Tucker, Kathryn S. Taylor, Carole Crawford, James A. Hodgkinson, Clare Bankhead, Tricia Carver, Elizabeth Ewers, Margaret Glogowska, Sheila M. Greenfield, Lucy Annang Ingram Phd, Lisa Hinton, Khalid S. Khan, Louise Locock, Lucy Mackillop, Christine Mccourt, Alexander M. Pirie, Richard Stevens, Richard J. Mcmanus

Faculty Publications

BACKGROUND: Raised blood pressure (BP) affects approximately 10% of pregnancies worldwide, and a high proportion of affected women develop pre-eclampsia. This study aimed to evaluate the feasibility of self-monitoring of BP in pregnancy in women at higher risk of pre-eclampsia. METHODS: This prospective cohort study of self-monitoring BP in pregnancy was carried out in two hospital trusts in Birmingham and Oxford and thirteen primary care practices in Oxfordshire. Eligible women were those defined by the UK National Institute for Health and Care Excellence (NICE) guidelines as at higher risk of pre-eclampsia. A total of 201 participants were recruited between 12 …

Northern Eurasia Future Initiative (Nefi): Facing The Challenges And Pathways Of Global Change In The Twenty-First Century, Pavel Ya. Groisman, Herman Shugart, David Kicklighter, Geoffrey Henebry, Nadezhda Tchebakova, Shamil Maksyutov, Erwan Monier, Garik Gutman, Sergey Gulev, Jiaguo Qi, Alexander Prishchepov, Elena Kukavskaya, Boris Porfiriev, Alexander I. Shiklomanov, Tatiana Loboda, Nikolay Shiklomanov, Son Nghiem, Kathleen Bergen, Jana Albrechtova, Jiquan Chen, Maria Shahgedanova, Anatoly Shvidenko, Nina Speranskaya, Amber Soja

Faculty Publications

During the past several decades, the Earth system has changed significantly, especially across Northern Eurasia. Changes in the socio-economic conditions of the larger countries in the region have also resulted in a variety of regional environmental changes that can have global consequences. The Northern Eurasia Future Initiative (NEFI) has been designed as an essential continuation of the Northern Eurasia Earth Science Partnership Initiative (NEESPI), which was launched in 2004. NEESPI sought to elucidate all aspects of ongoing environmental change, to inform societies and, thus, to better prepare societies for future developments. A key principle of NEFI is that these developments …

Are The Stock Markets “Rigged”? An Empirical Analysis Of Regulatory Change, Stephen F. Diamond, Jennifer W. Kuan

Faculty Publications

Volatile events in the stock market such as the 2010 Flash Crash have sparked concern that financial markets are “rigged” in favor of trading firms that use high frequency trading (“HFT”) systems. We analyze a regulatory change implemented by the SEC in 2007 by examining its effect on a key market metric, the bid-ask spread, an investor cost, and find that the regulatory shift, indeed, disadvantages investors. We link the implementation of this change to a shift in the volume of trades from a low-cost venue to a high-cost venue. We argue that this outcome is predicted by the incentives …

Relationship Between Physical Activity And Stress Among Junior High School Students In The Physical Education Environment, David C. Barney, Frank Pleban, Terrance Lewis

Faculty Publications

The study purpose was to explore grade level differences (7^th, 8^th, and 9^th) among junior high school students’ perception of participation in physical education class on individual environmental stress. Physical activity’s role as a stress reduction tool has been well documented. However, physical activity as a stressful event in the school and physical education environment has been less established; particularly in junior high school students. Study participants were comprised of 872 junior high school students, 585 males (67%) and 287 females (33%), enrolled in four junior high schools. Stratified by grade, 315 7^{th …}

Material State Awareness For Composites Part Ii: Precursor Damage Analysis And Quantification Of Degraded Material Properties Using Quantitative Ultrasonic Image Correlation (Quic), Subir Patra, Sourav Banerjee

Faculty Publications

Material state awareness of composites using conventional Nondestructive Evaluation (NDE) method is limited by finding the size and the locations of the cracks and the delamination in a composite structure. To aid the progressive failure models using the slow growth criteria, the awareness of the precursor damage state and quantification of the degraded material properties is necessary, which is challenging using the current NDE methods. To quantify the material state, a new offline NDE method is reported herein. The new method named Quantitative Ultrasonic Image Correlation (QUIC) is devised, where the concept of microcontinuum mechanics is hybrid with the experimentally …

Evaluation Of A Health Education Intervention To Improve Knowledge, Skills, Behavioral Intentions And Resources Associated With Preventable Determinants Of Infant Mortality, Danielle Fastring, Susan Mayfield-Johnson, Janna Madison

Faculty Publications

Mississippi has the highest rate of infant mortality in the nation (9.3 infant deaths for 1,000 live births). A health disparity exists between white infants (6.2) and black infants (13.0). This project reports on the effectiveness of a pilot educational program, Healthy Moms and Healthy Babies, which sought to improve knowledge, skills, behavioral intentions and resources related to preventable determinants of infant mortality. A curriculum was developed and piloted with women who were currently pregnant, thinking of becoming pregnant or who had an infant

Alcohol Priming And Attribution Of Blame In An Acquaintance Rape Vignette, Elena V. Stepanova, Amy L. Brown

Faculty Publications

Research on nonpharmacological effects of alcohol shows that exposure to alcohol-related cues (i.e., alcohol priming) can increase behaviors associated with actual alcohol consumption. Attributions of responsibility to female victims in sexual assault scenarios are affected by whether or not alcohol was consumed by a victim and/or perpetrator. Victims often receive higher levels of blame if they consume alcohol prior to the assault. This work extends the research on nonpharmacological effects of alcohol into a novel domain of blame attribution toward rape victims. In two studies, participants in lab settings (Study 1; N = 184) and online (Study 2; N = …