Digital Commons Network^™

The Right To Counsel In A Neoliberal Age, Zohra Ahmed

Faculty Scholarship

Legal scholarship tends to obscure how changes in criminal process relate to broader changes in the political and economic terrain. This Article offers a modest corrective to this tendency. By studying the U.S. Supreme Court’s right to counsel jurisprudence, as it has developed since the mid-70s, I show the pervasive impact of the concurrent rise of neoliberalism on relationships between defendants and their attorneys. Since 1975, the Court has emphasized two concerns in its rulings regarding the right to counsel: choice and autonomy. These, of course, are nominally good things for defendants to have. But by paying close attention to …

A Book Club With No Books: Using Podcasts Movies, And Documentaries To Increase Transfer Of Learning, Incorporate Social Justice Themes, Create Community, And Bolster Traditional And Character-Based Legal Skills During A Pandemic, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

In the fall of 2020, students entered law school under extreme circumstances. The COVID-19 pandemic led to isolation, depression, and restrictions on activities. A new hybrid learning environment was created. Social upheaval also caused unease. The 2020 national elections loomed, bringing divisive political discourse. The murder of George Floyd and other BIPOC, at the hands of police, led to a reckoning around the country. Additionally, with the COVID-19 pandemic came a rash of anti-Asian violence.

Faced with these unprecedented realities, we, as legal educators, struggled with how to adapt our curriculum to this new normal. These realities forced us to …

Are People In Federal Territories Part Of “We The People Of The United States”?, Gary S. Lawson, Guy Seidman

Faculty Scholarship

In 1820, a unanimous Supreme Court proclaimed: “The United States is the name given to our great republic, which is composed of states and territories.” While that key point is simple, and perhaps even obvious, the constitutional implications of such a construction of “the United States” as including federal territories are potentially far reaching. In particular, the Constitution’s Preamble announces that the Constitution is authored by “We the People of the United States” and that the document is designed to “secure the Blessings of Liberty” to the author and its “Posterity.” If inhabitants of federal territory are among “We the …

Patient Access In Fourteen High-Income Countries To New Antibacterials Approved By The Fda, Ema, Pmda, Or Health Canada, 2010-2020, Kevin Outterson, Ebiowei S. F. Orubu, John Rex, Christine Årdal, Muhammad H. Zaman

Faculty Scholarship

In 2010, the Infectious Diseases Society of America called for 10 new antibiotics by 2020. This goal was achieved in terms of the number of drug approvals, but actual patient access requires commercial launches in many countries, which itself requires sustainable commercial markets. Prior work has described limited access to new antibacterials in low- and middle-income countries (LMICs), in part due to the inability of many to afford these drugs. This study examines patient access for new antibacterials in the G7 and 7 other high-income countries in Europe, to better understand other barriers to patient access to effective antibacterial therapy.

Paths To Downstream Innovation, Janet Freilich

Faculty Scholarship

All innovation is "downstream innovation" - research that builds on prior discoveries. Patent law has an outsized influence on downstream innovation because such innovation often falls within the scope of an in-force upstream patent. In these cases, innovators cannot conduct even the most basic research towards downstream technologies without addressing the upstream patent. Because upstream patents block downstream research, and it is often impractical to license the upstream patent, downstream researchers frequently exploit a group of doctrines that permit research to proceed even in the presence of an otherwise blocking patent.

This Article presents the first systematic review of the …

Seroprevalence Of Severe Acute Respiratory Syndrome Coronavirus-2 (Sars-Cov-2) Among Healthcare Providers Prior To The Vaccine Era In An Integrated Midwestern Healthcare System, Elie A. Saade, Xiaochun Zhang, Jaime H. Noguez, Lisa M. Stempak, Daniel Tisch, Christine Schmotzer, Robert A. Salata

Faculty Scholarship

We performed severe acute respiratory coronavirus virus 2 (SARS-CoV-2) antinucleocapsid IgG testing on 5,557 healthcare providers and found a seroprevalence of 3.9%. African Americans were more likely to test positive than Whites, and HCWs with household exposure and those working on COVID-19 cohorting units were more likely to test positive than their peers.

Characterization Of Active Electrode Yield For Intracortical Arrays: Awake Versus Anesthesia, Jeffrey R. Capadona

Faculty Scholarship

Intracortical microelectrode arrays are used for recording neural signals at single-unit resolution and are promising tools for studying brain function and developing neuroprosthetics. Research is being done to increase the chronic performance and reliability of these probes, which tend to decrease or fail within several months of implantation. Although recording paradigms vary, studies focused on assessing the reliability and performance of these devices often perform recordings under anesthesia. However, anesthetics—such as isoflurane—are known to alter neural activity and electrophysiologic function. Therefore, we compared the neural recording performance under anesthesia (2% isoflurane) followed by awake conditions for probes implanted in the …

The Effect Of Adiabatic Compression On Dark Matter Halos And The Radial Acceleration Relation, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

We use a semiempirical model to investigate the radial acceleration relation (RAR) in a cold dark matter (CDM) framework. Specifically, we build 80 model galaxies covering the same parameter space as the observed galaxies in the SPARC database, assigning them to dark matter (DM) halos using abundance-matching and halo mass-concentration relations. We consider several abundance-matching relations, finding some to be a better match to the kinematic data than others. We compute the unavoidable gravitational interactions between baryons and their DM halos, leading to an overall compression of the original Navarro-Frenk-White (NFW) halos. Before halo compression, high-mass galaxies lie approximately on …

Deploying Digitalisation And Artificial Intelligence In Sustainable Development Research, Peter Yang

Faculty Scholarship

Many industrialised countries have benefited from the advent of twenty-first century technologies, especially automation, that have fundamentally changed manufacturing and industrial production processes. The next step in the evolution of automation is the development of artificial intelligence (AI), i.e. intelligence which is demonstrated by machines and systems, which cannot only perform tasks but also work synergistically with humans and nature. Intelligent systems that can see, analyse situations and respond sensitively to real-time cues, from human gestures and facial expressions to pedestrians crossing a busy street, will reshape transportation, precision agriculture, biodiversity conservation, environmental modelling, public health, construction and manufacturing, as …

Virtual Reality And Art History: A Case Study Of Digital Humanities And Immersive Learning Environments, James Hutson, Trent Olsen

Faculty Scholarship

The potential benefits of integrating immersive realities into traditional humanities curricula have been touted over the last two decades, but budgetary and technical constraints of implementation have limited its adoption. However, recent advances in technology, along with more affordable hardware coupled with more user-friendly interfaces, have seen widespread adoption beyond that of the military and healthcare. In fact, higher education institutions are poised to adopt VR on a broader scale to enhance learning with virtual environments. This study seeks to determine the expectations and results of integrating virtual reality into coursework with students and faculty in Art History. The study …

Endogenous And Dangerous, Brian N. Larson

Faculty Scholarship

Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments—endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article’s first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far …

Separation And Connectedness: Global Norms Of Open Versus Closed Adoption, Malinda L. Seymore

Faculty Scholarship

Book Abstract:

Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon …

Review: The Dialogical Roots Of Deduction: Historical, Cognitive, And Philosophical Perspectives On Reasoning, Brian N. Larson

Faculty Scholarship

The balance of this review addresses matters in the book that should be of particular interest to readers in the legal rhetoric and communication community. First, it addresses some concepts central to Dutilh Novaes’ effort. Second, it surveys the book’s organization, identifying some key observations and conclusions that she supports with careful evidence and argumentation. Third, it addresses Dutilh Novaes’ attention to non-European and non-Western research and logical traditions. Finally, it considers some difficult and technical passages, noting those readers should work through because the payoff is worth it and others I believe readers in our field might skip.

Observers Use Gesture To Disambiguate Contrastive Expressions Of Preference, Fey Parrill, Grace Moran, Hannah Boylan, Ishita Gupta, Aisha Zamir

Faculty Scholarship

We present two studies exploring how participants respond when a speaker contrasts two ideas, then expresses an ambiguous preference towards one of them. Study 1 showed that, when reading a speaker’s preference as text, participants tended to choose whatever was said last as matching the speaker’s preference, reflecting the recent-mention bias of anaphora resolution. In Study 2, we asked whether this pattern changed for audio versions of our stimuli. We found that it did not. We then asked whether observers used gesture to disambiguate the speaker’s preference. Participants watched videos in which two statements were spoken. Co-speech gestures were produced …

The Epistemology Of Second Best, Gary S. Lawson

Faculty Scholarship

Second best theory “holds that where it is not possible to satisfy all the conditions necessary for a[] . . . system to reach an overall optimum, it is not generally desirable to satisfy as many of those conditions as possible.” Adrian Vermeule, Foreword: System Effects and the Constitution, 123 HARV. L. REV. 4, 17 (2009). In other words, if you are not moving all the way to the ideal state of affairs, it is unclear whether partial moves that seem to go in the direction of the ideal make the world “better” or “worse” – with “better” or “worse” …

Ethical Ai Development: Evidence From Ai Startups, James Bessen, Stephen Michael Impink, Lydia Reichensperger, Robert Seamans

Faculty Scholarship

Artificial Intelligence startups use training data as direct inputs in product development. These firms must balance numerous trade-offs between ethical issues and data access without substantive guidance from regulators or existing judicial precedence. We survey these startups to determine what actions they have taken to address these ethical issues and the consequences of those actions. We find that 58% of these startups have established a set of AI principles. Startups with data-sharing relationships with high-technology firms; that were impacted by privacy regulations; or with prior (non-seed) funding from institutional investors are more likely to establish ethical AI principles. Lastly, startups …

Implementation Of An Antibiotic Stewardship Program In Long-Term Care Facilities Across The Us, Robin L.P. Jump

Faculty Scholarship

Importance: Antibiotic overuse in long-term care (LTC) is common, prompting calls for antibiotic stewardship programs (ASPs) designed for specific use in these settings. The optimal approach to establish robust, sustainable ASPs in LTC facilities is unknown. Objectives: To determine if the Agency for Healthcare Research and Quality (AHRQ) Safety Program for Improving Antibiotic Use, an educational initiative to establish ASPs focusing on patient safety, is associated with reductions in antibiotic use in LTC settings. Design, Setting, and Participants: This quality improvement study including 439 LTC facilities in the US assessed antibiotic therapy data following a pragmatic quality-improvement program, which was …

Back To The Basics: A Covid-19 Surveillance Program Within A Local School District, Prakash R. Ganesh, Johnie Rose, Heidi Gullett, Kurt C. Stange

Faculty Scholarship

BACKGROUND: A school district in Northern Ohio implemented a COVID-19 surveillance program from January 4 to May 21, 2021, as in-person school and extracurricular activities resumed. METHODS: Among 560 staff members and >6300 students, random weekly testing was performed on 563 students and weekly for 204 students participating in extracurricular activities, and 553 staff. RESULTS: Cases of COVID-19 were identified among 26 staff members and 23 students. Most of those infected were participating in extracurricular activities (14/23) and in the age range of 14-18. Percent positivity was low (range 0.2-2.4%) throughout the school surveillance program despite significant changes in positivity …

On The Photostability Of Cyanuric Acid And Its Candidature As A Prebiotic Nucleobase, Luis A. Ortiz-Rodríguez, Sean J. Hoehn, Carlos E. Crespo-Hernández

Faculty Scholarship

Cyanuric acid is a triazine derivative that has been identified from reactions performed under prebiotic conditions and has been proposed as a prospective precursor of ancestral RNA. For cyanuric acid to have played a key role during the prebiotic era, it would have needed to survive the harsh electromagnetic radiation conditions reaching the Earth’s surface during prebiotic times (≥200 nm). Therefore, the photostability of cyanuric acid would have been crucial for its accumulation during the prebiotic era. To evaluate the putative photostability of cyanuric acid in water, in this contribution, we employed density functional theory (DFT) and its time-dependent variant …

Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi

Faculty Scholarship

The deaths of George Floyd, Breonna Taylor, and countless other African Americans have capitulated a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the 21st century, racist and unrestrained police violence continues to plague American society. The unprecedented national uprisings resulting from the brutal killings of African Americans have positioned the U.S. on the precipice of immense social and political change. This transitory period is marked by an amalgamation of social, political, and cultural influences. However, the continued exhibition of Confederate monuments inexorably stymies the ability to remedy …

Proxy Crimes, Piotr Bystranowski, Murat C. Mungan

Faculty Scholarship

“Proxy crimes” is a phrase loosely used to refer to conduct that is punished only as a means to target other harmful conduct. Many criminal law scholars find the criminalization of this type of conduct unjustifiable from a retributivist perspective, while others note that proxy criminalization can contribute to mass incarceration and overcriminalization. Given the importance of these problems, a systematic analysis of proxy crimes, currently absent in the criminal law literature, is needed.

In this article, we provide a comprehensive analysis of proxy crimes by (i) surveying the existing literature and identifying gaps in prior analyses, (ii) proposing a …

Patent Inconsistency, Saurabh Vishnubhakat

Faculty Scholarship

Despite the promise of efficiency through the use of expert agency adjudication in U.S. patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems have arisen from important defects in the statutory design, but also from the enormous expansion and ascendancy of the Patent Office itself. Moreover, while duplicative litigation over patent validity is recognized and criticized, its scale and scope has eluded detailed empirical analysis until now. This Article …

Predictors Of Persistence, Retention & Completion For First-Generation Graduate Students, James Hutson, Susan Edele, Roger Mitch Nasser Jr., Gillian Parrish, Christie Rodgers, Scott Richmond, Michael Marzano, Ryan Curtis

Faculty Scholarship

Postsecondary education is still considered key for achieving upward mobility and economic success. While access to higher education has over the past three decades, students whose parents did not complete at least a bachelor’s degree continue to be at a distinct disadvantage. Given that most first-generation college students are from low-income and minority backgrounds, this population faces challenges distinct to them-1) insufficient academic preparation, 2) inadequate financial resources, and 3) deficient support from family members and/or peers that attended college. Yet, while first-generation undergraduate students have been extensively studied with regard to their motivations, challenges, and unique needs for persistence, …

Rights Retrenchment In Immigration Law, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Andragogy: The Common Thread In The Teaching Of Adults In Colleges Of Education, Criminal Justice, And Health Management, Grant J. Shostak, Larry Acker, Vanessa Vandergraaf

Faculty Scholarship

The Covid-19 pandemic has brought dramatic changes to higher education. Students and educators face challenges never anticipated, including switching classes from on-ground to online and back again, mental fatigue, stress, and burnout. Faculty across disciplines may turn to Andragogy to best teach college students to inform their teaching practices. This paper demonstrates how professors from education, criminal justice, and healthcare management have used andragogical techniques in their classrooms.

An Interventional Pilot Of Customized Adherence Enhancement Combined With Long-Acting Injectable Antipsychotic Medication (Cae-L) For Poorly Adherent Patients With Chronic Psychotic Disorder In Tanzania, Christopher J. Burant, Carol E. Blixen, Kristin A. Cassidy, Jennifer B. Levin, Martha Sajatovic

Faculty Scholarship

Background: Chronic psychotic disorders (CPD) impose a particularly significant burden in resource-limited settings. Combining long-acting antipsychotic medication (LAI) with a customized adherence enhancement intervention (CAE-L) has potential to advance care. Methods: Nineteen adults ≥ age 18 with CPD who self-reported missing ≥20% of antipsychotic medication within the last month were stabilized on oral haloperidol prior to transitioning to monthly haloperidol decanote for 25 weeks. Outcome evaluations were conducted at baseline and Week 25. Primary outcomes were oral medication adherence assessed via the Tablet Routines Questionnaire (TRQ) and LAI injection frequency. Secondary outcomes included CPD symptoms measured by the Brief Psychiatric …

Directly Observed Weekly Fluoxetine For Major Depressive Disorder Among Hemodialysis Patients: A Single-Arm Feasibility Trial, Kelley M. Kauffman, Jacqueline Dolata, Maria Figueroa, Douglas Gunzler, Anne Huml, Julie Pencak, Martha Sajatovic, Ashwini R. Sehgal

Faculty Scholarship

Rationale & Objective: Major depressive disorder (MDD) is common among hemodialysis patients, but treatment can add to their pill burden and may be limited by nonadherence. We sought to investigate the value of directly observed, once-weekly fluoxetine dosing in MDD. Study Design: Feasibility trial of adult hemodialysis patients with untreated MDD. The diagnosis of MDD was determined using the Mini International Neuropsychiatric Interview. Setting & Participants: 16 patients at 15 hemodialysis facilities in Northeast Ohio. Intervention: Patients were initially prescribed 20 mg of fluoxetine once daily for 2 weeks to assess their tolerance. The patients took this daily fluoxetine unobserved …

Antibiotic Exposure And Acquisition Of Antibiotic-Resistant Gram-Negative Bacteria Among Outpatients At A Us Veterans Affairs Medical Center, Brigid M. Wilson, Sunah Song, Federico Perez, Robin L.P. Jump

Faculty Scholarship

Objectives: To assess the prevalence of antibiotic-resistant gram-negative bacteria (R-GNB) among patients without recent hospitalization and to examine the influence of outpatient antibiotic exposure on the risk of acquiring R-GNB in this population. Design: 2-year retrospective cohort study. Setting: Regional Veterans Affairs healthcare system. Patients: Outpatients at 13 community-based clinics. Methods: We examined the rate of acquisition of R-GNB within 90 days following an outpatient visit from 2018 to 2019. We used clinical and administrative databases to determine and summarize prescriptions for systemic antibiotics, associated infectious diagnoses, and subsequent R-GNB acquisition among patients without recent hospitalizations. We also calculated the …

Optimizing Biomedical Discoveries As An Engine Of Culture Change In An Academic Medical Center, Anne K. Dechant, Stephen Fening, Michael Haag, William Harte, Mark R. Chance

Faculty Scholarship

Academic discovery in biomedicine is a growing enterprise with tens of billions of dollars in research funding available to universities and hospitals. Protecting and optimizing the resultant intellectual property is required in order for the discoveries to have an impact on society. To achieve that, institutions must create a multidisciplinary, collaborative system of review and support, and utilize connections to industry partners. In this study, we outline the efforts of Case Western Reserve University, coordinated through its Clinical and Translational Science Collaborative (CTSC), to promote entrepreneurial culture, and achieve goals of product development and startup formation for biomedical and population …

Study Abroad - Your Future Self Will Thank You, Stephanie Afful, Rebecca Foushée, Colleen Biri

Faculty Scholarship

Unavailable