Digital Commons Network^™

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael M. O'Hear

Faculty Publications

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …

The New Marshmallow: The Effects Of Screen Use On Children's Ability To Delay Gratification, Benjamin Richardson, P. Thomas Fife, Joseph Steed, Caroline Crane, James Gaskin

Faculty Publications

In a digital age where screens are as ubiquitous as crayons once were, the relationship between screen use and a child’s development necessitates examination. This study investigates the effect of screen use—both by children and their parents—on children’s ability to delay gratification, a key predictor of future success. Utilizing an experimental design modeled after the Stanford Marshmallow Experiment, we found that children’s screen use did not significantly affect their ability to delay gratification. However, parental screen use for entertainment purposes was negatively associated with children’s capacity to delay gratification. Additionally, screens proved to be a more potent temptation than traditional …

Physical Activity, Anxiety, Depression, And Coping In Turkish Men And Women During The First Wave Of Covid-19, Bijen Filiz, Funda Coşkun Özyol, Bengü Güven, Ezel Nur Korur, Yılmaz Yüksel, Cavit Işık Yavuz, Kele Ding, Jingzhen Yang, J. Larry Durstine Phd, Facsm, Faacvpr, Fnak, Ming-Kai Chin, Gıyasettin Demirhan

Faculty Publications

A need exists to better understand the relationships between COVID-19, coping behaviors, physical activity and stress, and COVID-19’s impact on way of life. A cross-sectional study design was used to examine adult physical activity, hope, depression, anxiety, and coping status by gender during the COVID-19 pandemic, and to determine the impact of these variables on the coping process. The study also examined the effect of gender on the relation between physical activity and dependent variables. A global survey instrument was used in this study, including 1,400 Turkish adults. This study identified significant gender-based differences regarding physical activity, hope, depression, anxiety, …

Fascism: A Reading List With Notes, Michael F. Russo

Faculty Publications

Today, Fascism is on the rise around the world including, dismayingly, in the United States of America, threatening the rule of law, which is the basis of democracy. In the U. S. Donald Trump, the 2024 Republican nominee for president, has declared himself the standard bearer for authoritarian rule. If he wins, it is likely the United States will cease to be a democracy. If democracy is to survive, it is essential that citizens understand fascism, how it comes into existence, and what it does once it has taken root is essential. That is the reason for this reading list.

Review Of Say Hello To My Little Friend, Michael F. Russo

Faculty Publications

No abstract provided.

Where Do I Belong? : Creating An Inclusive Metadata Policy, Nicole Lewis, Karen Glenn, Jeremy Myntti, Sharolyn Swenson, Katie Yeo

Faculty Publications

Inclusiveness and honoring different cultures that reflect our patrons has been discussed in many different venues in the last few years. The staff of the Brigham Young University Library recognized the need for our metadata to demonstrate the commitment we have to honor others and to create a community of belonging. The staff also recognized that a policy would provide a roadmap for how to embark on fixing legacy metadata and how to move forward in creating metadata that reflects our core values in the library and at the university. This case study details how we developed an inclusive metadata …

Rebalancing Judicial Immunity For Civil Rights Actions, Bailey D. Barnes

Faculty Publications

Sterilization for shorter jail sentences. Vasectomies and birth control implants for freedom. In 2017, a criminal court judge in rural Tennessee made this offer to people incarcerated through sentences issued by his court. When litigators sought monetary damages and to enjoin the practice, and the local media exposed the scheme, the judge begrudgingly rescinded the order while expressing surprise that it was controversial. The Board of Judicial Conduct issued a letter of reprimand to the judge. Meanwhile, the United States District Court for the Middle District of Tennessee summarily dismissed the constitutional tort claims against the judge based on absolute …

Caring For The Caregivers: Reimagining Institutional Recognition Of Caregiving Work After The Covid Care Crisis, Shruti Rana

Faculty Publications

The COVID-19 pandemic washed over the already uneven landscape of legal academia with an unrelenting force, hitting the most vulnerable most harshly while leaving others bobbing or churning in the waves, loosening the tethers to the social and institutional structures that had previously supported them. Some of the most devastating losses were unsurprising and indeed played out as had long been feared or predicted in times of crisis. Other harms played out in entirely new ways, creating new scars and obstacles. As we survey the changes brought across this landscape in the pandemic's wake, several emerging themes deserve further scrutiny …

The Success Of Pre-Enforcement Challenges To Antidiscrimination Laws, Alexander Gouzoules

Faculty Publications

Formally, judicial analysis of a challenged statute's validity should be consistent, regardless of the challenge's pre- or post-enforcement posture. A post-enforcement posture arises when an aggrieved party defensively challenges a purportedly unconstitutional statute being enforced against them. Alternatively, a pre-enforcement posture arises when an impacted party strikes first, attacking the statute by asserting a credible threat that the law will be enforced against them in the future. Either way, judicial evaluation of a statute's validity should turn on its content and effect-not on whether it was challenged before or after enforcement.

This Article challenges that assumption, arguing that pre-enforcement challengers …

Choosing Your Judge, Alexander Gouzoules

Faculty Publications

Accounts of American litigation pose a contradiction: Forum shopping is acceptable, but judge shopping is not. Formal disfavor toward judge shopping is pervasive, and attempts by parties to manipulate the assignment of their case are deemed abusive and even sanctionable. Nevertheless, sophisticated judge-shopping tactics have proliferated in specific areas of the law—particularly in challenges to executive branch policies and in the reorganization of large companies under Chapter 11. In these disparate areas, judge-shopping strategies have been deployed in high-profile cases, ranging from a challenge to the FDA’s authorization of an abortion drug to the opioid-driven bankruptcy of Purdue Pharma. In …

News And Perspectives: Words Matter In Primatology, Michelle Bezanson, Liliana Cortés-Ortiz, Júlio César Bicca-Marques, Ramesh Boonratana, Susana Carvalho, Marina Cords, Stella De La Torre, Catherine Hobaiter, Tatyana Humle, Patrícia Izar, Jessica W. Lynch, Tetsuro Matsuzawa, Joanna M. Setchell, Gladys Kalema Zikusoka, Karen B. Strier

Faculty Publications

Postings on social media on Twitter (now X), BioAnthropology News (Facebook), and other venues, as well as recent publications in prominent journals, show that primatologists, ecologists, and other researchers are questioning the terms “Old World” and “New World” due to their colonial implications and history. The terms are offensive if they result in erasing Indigenous voices and history, ignoring the fact that Indigenous peoples were in the Americas long before European colonization. Language use is not without context, but alternative terminology is not always obvious and available. In this perspective, we share opinions expressed by an international group of primatologists …

Editor’S Introduction: Special Issue On The 2022 Midterm Congressional Election, Joel Sievert, James C. Garand

Faculty Publications

No abstract provided.

Covid-19 As A Chronic Stressor And The Importance Of Individual Identity: A Data-Driven Look At Academic Productivity During The Pandemic, Breanna N. Harris, Carolyn M. Bauer, James A. Carr, Caitlin R. Gabor, Jennifer L. Grindstaff, Caleigh Guoynes, Jennifer J. Heppner, Cris C. Ledon-Rettig, Patricia C. Lopes, Sharon E. Lynn, Carla B. Madelaire, Lorin A. Neuman-Lee, Maria G. Palacios, Paul Soto, Jennifer Terry

Faculty Publications

The COVID-19 pandemic impacted personal and professional life. For academics, research, teaching, and service tasks were upended and we all had to navigate the altered landscape. However, some individuals faced a disproportionate burden, particularly academics with minoritized identities or those who were early career, were caregivers, or had intersecting identities. As comparative endocrinologists, we determine how aspects of individual and species-level variation influence response to, recovery from, and resilience in the face of stressors. Here, we flip that framework and apply an integrative biological lens to the impact of the COVID-19 chronic stressor on our endocrine community. We address how …

Mobile Intervention To Address Cannabis Use Disorder Among Black Adults: Protocol For A Randomized Controlled Trial, Pamella Nizio, Bryce Clausen, Michael S. Businelle, Natalia Ponton, Ava A. Jones, Brooke Y. Redmond, Julia D. Buckner, Ezemenari M. Obasi, Michael J. Zvolensky, Lorra Garey

Faculty Publications

Background: African American or Black (hereafter referred to as Black) adults who use cannabis use it more frequently and are more likely to meet criteria for cannabis use disorder (CUD) than both White and Hispanic or Latin individuals. Black adults may be more apt to use cannabis to cope with distress, which constitutes a false safety behavior (FSB; a behavior designed to reduce psychological distress in the short term). Although FSB engagement can perpetuate the cycle of high rates of CUD among Black individuals, limited work has applied an FSB elimination treatment approach to Black adults with CUD, and no …

Rationale And Challenges For A New Instrument For Remote Measurement Of Negative Symptoms, David Gordon Daniel, Alex S. Cohen, Philip D. Harvey, Dawn I. Velligan, William Z. Potter, William P. Horan, Raeanne C. Moore, Stephen R. Marder

Faculty Publications

There is a broad consensus that the commonly used clinician-administered rating scales for assessment of negative symptoms share significant limitations, including (1) reliance upon accurate self-report and recall from the patient and caregiver; (2) potential for sampling bias and thus being unrepresentative of daily-life experiences; (3) subjectivity of the symptom scoring process and limited sensitivity to change. These limitations led a work group from the International Society of CNS Clinical Trials and Methodology (ISCTM) to initiate the development of a multimodal negative symptom instrument. Experts from academia and industry reviewed the current methods of assessing the domains of negative symptoms …

Strategic Environmental Consumer Segmentation: An Exploratory Case Study In Slovakia, Hana Maťová, Miroslava Oravcová Triznová, Vladislav Kaputa, Erika Loučanová, Richard P. Vlosky

Faculty Publications

The desire to live in a healthy “green” environment is becoming increasingly important to global populations. The term “green” is overused, confusing, and inconsistently used among and between consumers, corporate enterprises, environmental groups, government entities, and other segments globally. Research studies suggest that defining and applying the term “green” to behaviors and decision-making is constantly changing, further complicating the study of corporate and consumer environmental responsibility. In this study, we focus on the consumer. Not all consumers behave the same or have the same beliefs and perceptions regarding what is environmentally “green.” As such, we segmented consumers in Slovakia into …

Local Social Capital, Disaster Housing Damage, And Mental Health: Insights From Hurricane Harvey, Ethan J. Raker, Kevin T. Smiley

Faculty Publications

Community-level social capital has been theorized to shape mental health, particularly in disaster contexts, but methodological complexities hamper prior studies. Pairing zip-code-level data on social capital from Opportunity Insights with repeated cross-sectional health survey data before and after Hurricane Harvey in Houston, Texas, we examine how local social capital moderated the mental health consequences of disaster housing damage. We first document null associations between local social capital and residents’ mental health before the disaster. Next, we fit models predicting psychological distress and poor mental health days, revealing that local levels of economic connectedness and rates of volunteering offset adverse mental …

Impact Of Reduced Rates Of Tiafenacil At Vegetative Growth Stages On Rice Growth And Yield, Donnie K. Miller, Jason A. Bond, Thomas R. Butts, L. Connor Webster, Koffi Badou Jeremie Kouame

Faculty Publications

Tiafenacil is a new non-selective protoporphyrinogen IX oxidase (PPO)-inhibiting herbicide with both grass and broadleaf activity labeled for preplant application to corn, cotton, soybean, and wheat. Early season rice emergence and growth often coincide in the mid-southern U.S. with preplant herbicide application in cotton and soybean, thereby increasing the opportunity for off-target herbicide movement from adjacent fields. Field studies were conducted to identify any deleterious impacts of reduced rates of tiafenacil (12.5 to 0.4% of the lowest labeled application rate of 24.64 g ai ha-1) applied to 1- or 3-leaf (lf) rice. Visual injury 1 week after treatment (WAT) for …

Pause For Reflection: Musings From The Editorial Team, Rajashi Ghosh, Stefanos Nachmias, David Mcguire, Ague Mae Manongsong, Alene Montgomery

Faculty Publications

No abstract provided.

Controlling Foodborne Pathogens In Irrigation Water: The Effectiveness Of Zeolite Modified With Cetrimonium Bromide, Jose L.Brandao Delgado, Jose Fuentes, Katheryn Parraga, Kathryn Fontenot, Achyut Adhikari, Marlene E. Janes

Faculty Publications

Recurring foodborne outbreaks, attributed to Escherichia coli O157:H7, Salmonella sp., and Listeria monocytogenes, have identified irrigation water as a potential source of contamination, and creating the necessity for safe irrigation water in produce cultivation, as emphasized by the Food Safety Modernization Act (FSMA). In response to this imperative, this study explored the efficacy of surfactant-modified zeolite (SMZ) enhanced with Cetrimonium bromide (CTAB) as a sustainable water purification solution for surface water. The SMZ was assessed to have the capacity to filter contaminated water with high loads of foodborne pathogens. A laboratory study was conducted using a 100 g SMZ column. …

Evaluation Of The Effectiveness Of Aeration And Chlorination During Washing To Reduce E. Coli O157:H7, Salmonella Enterica, And L. Innocua On Cucumbers And Bell Peppers, Julysa A. Benitez, Jyoti Aryal, Ivannova Lituma, Juan Moreira, Achyut Adhikari

Faculty Publications

The attachment strength of bacteria to surfaces can affect the efficacy of sanitizers during washing. This study aimed to determine the effectiveness of chlorination and aeration in the removal of pathogens from the surface of produce. Cucumbers and bell peppers were inoculated with Listeria innocua, Escherichia coli O157:H7, or Salmonella enterica; afterwards, the produce was washed with or without chlorinated water (100 ppm) for 3 min in combination with or without aeration. Cucumbers washed with chlorinated water, with or without aeration, presented significant reductions of L. innocua (3.65 log CFU/cm2 and 1.13 log CFU/cm2, respectively) (p < 0.05). Similarly, bell peppers washed in chlorinated water with aeration (1.91 log CFU/g) and without aeration (2.49 log CFU/g) presented significant reductions of L. innocua. A significant reduction of L. innocua was observed on bell peppers washed with non-chlorinated water with aeration (2.49 log CFU/g) (p < 0.05). Non-chlorinated water was also effective in significantly reducing the level of Salmonella enterica (p < 0.05) on cucumbers and bell peppers. Washing with chlorinated water with aeration reduced Salmonella enterica levels from 4.45 log CFU/cm2 on cucumbers to below the detectable limit (0.16 log CFU/cm2). The highest reduction of Salmonella enterica from bell peppers occurred after washing with chlorinated water with aeration (2.48 log CFU/g). E. coli O157:H7, L. innocua, and Salmonella enterica levels present in non-chlorinated water after washing contaminated produce with or without aeration were significantly greater than those in chlorinated water (p < 0.05). After treatment, the population levels of all pathogens in chlorinated water with or without aeration were below the detectable limit for bell peppers (<1.10 log CFU/mL) and cucumbers (<1.20 log CFU/mL). Using chlorine in combination with forced aeration during washing minimizes cross-contamination of bacterial pathogens.

Characterization Of Rhizosphere Microbial Diversity And Selection Of Plant-Growth-Promoting Bacteria At The Flowering And Fruiting Stages Of Rapeseed, Mengjiao Wang, Haiyan Sun, Zhimin Xu

Faculty Publications

Plant rhizosphere microorganisms play an important role in modulating plant growth and productivity. This study aimed to elucidate the diversity of rhizosphere microorganisms at the flowering and fruiting stages of rapeseed (Brassica napus). Microbial communities in rhizosphere soils were analyzed via high-throughput sequencing of 16S rRNA for bacteria and internal transcribed spacer (ITS) DNA regions for fungi. A total of 401 species of bacteria and 49 species of fungi in the rhizosphere soil samples were found in three different samples. The composition and diversity of rhizosphere microbial communities were significantly different at different stages of rapeseed growth. Plant-growth-promoting rhizobacteria (PGPRs) …

Challenges And Opportunities In Sustainability Reporting: A Focus On Small And Medium Enterprises (Smes), Santi Setyaningsih, Rosita Widjojo, Peter Kelle

Faculty Publications

The purpose of the study was to observe how Small and Medium-sized Enterprises (SMEs) struggle to develop the sustainability reports that are today important and required by consumers. The rationale is that the sustainability report is influenced by governance practices, social responsibility, and environmental impact. The research successfully summarizes the barriers from 37 influential sustainability report papers by employing a thorough systematic literature review. It was based on 6 well-known databases with the limitation of exclusion criteria such as 11 years of research (2012–2023), used English, and more than 4 pages articles. According to the findings of this literature review …

Promoting Equity And Addressing Concerns In Teaching And Learning With Artificial Intelligence, Jennifer Garcia Ramos, Zakiya Wilson-Kennedy

Faculty Publications

This perspective article focuses on the exploration and advocacy of approaches to be considered in designing equitable learning experiences for students’ use of artificial intelligence, machine learning, and technology through the Universal Design for Learning Framework (UDL) exemplifying chemistry examples that can be applied to any course in STEM. The use of artificial intelligence (AI) and machine learning are causing disruptions within learning in higher education and is also casting a spotlight on systemic inequities particularly affecting minoritized groups broadly and in STEM fields. Particularly, the emergence of AI has focused on inequities toward minoritized students in academic and professional …

The Imaging X-Ray Polarimetry Explorer 2.5 Years Later, Paolo Soffitta, Luca Baldini, Wayne Baumgartner, Ronaldo Bellazzini, Stephen D. Bongiorno, Niccolò Bucciantini, Enrico Costa, Michal Dovčiak, Steven Ehlert, Philip E. Kaaret, Jeffery J. Kolodziejczak, Luca Latronico, Frédréic Marin, Alan P. Marscher, Herman L. Marshall, Giorgio Matt, Fabio Muleri, Stephen L. O'Dell, Juri Poutanen, Brian Ramsey, Roger W. Romani, Patrick Slane, Allyn F. Tennant, Roberto Turolla, Martin C. Weisskopf, Iván Agudo, Lucio Angelo Antonelli, Matteo Bachetti, Stefano Bianchi, Raffaella Bonino, Alessandro Brez, Fiamma Capitanio, Simone Castellano

Faculty Publications

We have, at last, an observatory dedicated to X-ray polarimetry that has been operational since December 9^th, 2021. The Imaging X-ray Polarimetry Explorer (IXPE) is a NASA SMEX mission, in partnership with ASI, based on three X-ray telescopes, each equipped with a polarization-sensitive detector in the focus. An extending boom was deployed in orbit, positioning the detectors at the optimal distance from the optics, which have a 4-meter focal length. The spacecraft is three-axis stabilized, providing power, attitude determination and control, transmission, and commanding capabilities. After two and a half years of observation, IXPE has detected positive polarization …

Oxphos Capacity Is Diminished And The Phosphorylation System Inhibited During Diapause In An Extremophile, Embryos Of Artemia Franciscana, Yuvraj N. Patil, Erich Gnaiger, Alexander P. Landry, Zachary J. Leno, Steven C. Hand

Faculty Publications

Diapause exhibited by embryos of Artemia franciscana is accompanied by severe arrest of respiration. A large fraction of this depression is attributable to downregulation of trehalose catabolism that ultimately restricts fuel to mitochondria. This study now extends knowledge on the mechanism by revealing metabolic depression is heightened by inhibitions within mitochondria. Compared with that in embryo lysates during post-diapause, oxidative phosphorylation (OXPHOS) capacity P is depressed during diapause when either NADH-linked substrates (pyruvate and malate) for electron transfer (electron transfer capacity, E) through respiratory Complex I or the Complex II substrate succinate are used. When pyruvate, malate and succinate were …

Pseudomonas Aeruginosa Gene Pa4880 Encodes A Dps-Like Protein With A Dps Fold, Bacterioferritin-Type Ferroxidase Centers, And Endonuclease Activity, Nimesha Rajapaksha, Huili Yao, Aisha Cook, Steve Seibold, Lijun Liu, Kevin P. Battaile, Leo Fontenot, Fabrizio Donnarumma, Scott Lovell, Mario Rivera

Faculty Publications

We report the biochemical, structural, and functional characterization of the protein coded by gene PA4880 in the P. aeruginosa PAO1 genome. The PA4880 gene had been annotated as coding a probable bacterioferritin. Our structural work shows that the product of gene PA4880 is a protein that adopts the Dps subunit fold, which oligomerizes into a 12-mer quaternary structure. Unlike Dps, however, the ferroxidase di-iron centers and iron coordinating ligands are buried within each subunit, in a manner identical to that observed in the ferroxidase center of P. aeruginosa bacterioferritin. Since these structural characteristics correspond to Dps-like proteins, we term the …

“Courtesy, Respect, And Follow Through”: A Mixed Methods Evaluation Of Faculty Members’ Experiences, Needs, And Approaches To Research Collaborations, Daniela B. Friedman Ph.D., Christina Ek, Jean Neils-Strunjas Ph.D, Ccc-Slp, Andrea Tanner Ph.D., James R. Hébert Scd, Lorie Donelle, Sue E. Levkoff, Freda Allyson Hucek, Brooks Yelton Ma, Lmsw, Dwayne E. Porter

Faculty Publications

Introduction: Guided by a communications-focused framework developed by an interdisciplinary team of authors, this paper presents data from a survey of health science faculty members to better understand how research collaborations are established and maintained. Methods: An electronic survey was distributed to faculty in six colleges at a Research 1 institution. Quantitative data were downloaded into Excel and then RStudio for descriptive analysis. Open-ended, qualitative responses were coded and analyzed for themes. Results: Most respondents were in public health (44.0%) or medicine (25.3%); 40.0% were tenured. A grant deadline was the main impetus reported for initiating research collaborations (86.1%). Most …

Reflecting On Partnerships Established And Sustained Over Four Cycles Of A Federally Funded Cancer Prevention And Control Research Program: Lessons Learned For Community-Academic Networks, Swann Arp Adams, Lauren Workman Ph.D., Mayank Sakhuja, Brooks Yelton Ma, Lmsw, Karen E. Wickersham Phd, Rn, Ciaran Fairman, Jan Eberth Ph.D., Sue Heiney Scd, James Hébert Scd, Freda Allyson Hucek, Lauren Schaurer, Daniela B. Friedman Ph.D.

Faculty Publications

Introduction: The Centers for Disease Control and Prevention (CDC) funded Cancer Prevention and Control Research Network (CPCRN) is a national network which aims to accelerate the adoption and implementation of evidence-based cancer prevention and control strategies and interventions in communities, enhance large-scale efforts to reach underserved populations and reduce their cancer-related health disparities, and develop the capacity of the dissemination and implementation work force specifically in cancer prevention and control. Methods: Our site has been a part of the CPCRN since its inception in 2002 with the exception of the 2004–2009 funding cycle. As community-based participatory research is a core …

The Future Of Indigent Defense In South Dakota, Neil Fulton, Brooklyn Bollweg

Faculty Publications

No abstract provided.