Digital Commons Network^™

Fun With Reverse Ejusdem Generis, Jay D. Wexler

Faculty Scholarship

In the canon of statutory construction canons, perhaps no canon is more canonical than the canon known as ejusdem generis. This canon, which translates as “of the same kind,” states that when a statute includes a list of terms and a catch-all phrase, the set of items covered by the catch-all phrase is limited to the same kind or type of items that are in the list. The canon of ejusdem generis has a long and storied history in the law, has been used by judges in countless cases, and has been the subject of a large body of scholarly …

A One Health Framework To Estimate The Cost Of Antimicrobial Resistance, Chantal Morel, Richard Alm, Christine Årdal, Alessandra Bandera, Giacomo Bruno, Elena Carrara, Giorgio Colombo, Marlieke De Kraker, Sabiha Essack, Isabel Frost, Bruno Gonzalez-Zorn, Herman Goossens, Luca Guardabassi, Stephan Harbarth, Peter Jørgensen, Souha Kanj, Tomislav Kostyanev, Ramanan Laxminarayan, Finola Leonard, Gabriel Levy Hara, Marc Mendelson, Malgorzata Mikulska, Nico Mutters, Kevin Outterson, Jesus Rodriguez Baňo, Evelina Tacconelli, Luigia Scudeller

Faculty Scholarship

Objectives/purpose

The costs attributable to antimicrobial resistance (AMR) remain theoretical and largely unspecified. Current figures fail to capture the full health and economic burden caused by AMR across human, animal, and environmental health; historically many studies have considered only direct costs associated with human infection from a hospital perspective, primarily from high-income countries. The Global Antimicrobial Resistance Platform for ONE-Burden Estimates (GAP-ON€) network has developed a framework to help guide AMR costing exercises in any part of the world as a first step towards more comprehensive analyses for comparing AMR interventions at the local level as well as more harmonized …

"All (Poor) Lives Matter": How Class-Not-Race Logic Reinscribes Race And Class Privilege, Jonathan Feingold

Faculty Scholarship

In An Intersectional Critique of Tiers of Scrutiny, Professors Devon Carbado and Kimberlé Crenshaw infuse affirmative action with an overdue dose of intersectionality theory. Their intervention, which highlights the disfavored remedial status of Black women, exposes equality law as an unmarked intersectional project that “privileges the intersectional identities of white antidiscrimination claimants.”

This latent racial privilege rests on two doctrinal pillars. First, single-axis tiers of scrutiny, which force claimants and courts to view discrimination in either/or terms (that is, race-based or gender-based or class-based), contravene intersectionality’s core insight that “people live their lives co-constitutively as ‘both/and,’ rather than fragmentarily …

Antipsychotic Treatment Experiences Of People With Schizophrenia: Patient Perspectives From An Online Survey, Martha Sajatovic

Faculty Scholarship

Background: This survey examined the experiences of people living with schizophrenia who have used oral antipsychotics (APs). Methods: Adults with self-reported physician-diagnosed schizophrenia (N=200), who were members of an online research participation panel and reported taking one or more oral APs within the last year, completed a cross-sectional online survey that focused on direct report of their experiences regarding APs (eg, symptoms, side effects, adherence). Descriptive analyses were conducted for the total survey sample and for subgroups defined a priori by experience with specific, prevalent side effects. Results: The mean age of the sample was 41.9 (SD=11.0) years, 50% of …

Characterization Of Community-Wide Transmission Of Sars-Cov-2 In Congregate Living Settings And Local Public Health-Coordinated Response During The Initial Phase Of The Covid-19 Pandemic, Pauline D. Terebuh, Amina J. Egwiekhor, Heidi L. Gullett, Adeola O. Fakolade, Jill E. Miracle, Prakash T. Ganesh, Johnie Rose, Kurt C. Stange, Andrea D. Szabo

Faculty Scholarship

BACKGROUND: Clusters of COVID-19 cases amplify the pandemic and are critical targets for intervention, but comprehensive cluster‐level data are not collected systematically by federal or most state public health entities. This analysis characterizes COVID-19 clusters among vulnerable populations housed in congregate living settings across an entire community and describes early mitigation efforts. METHODS: The Cuyahoga County Board of Health identified and interviewed COVID-19 cases and exposed contacts, assessing possible connections to congregate living facilities within its jurisdiction from March 7, 2020, to May 15, 2020, during the first phase of the pandemic, while state of Ohio stay‐at‐home orders were in …

Improving Student Preparedness For Entering The Workforce: A Hands-On Experience In Project Management For A Graduate-Level Protein Engineering Class, Nuttanit Pramounmat, Julie N. Renner

Faculty Scholarship

A hands-on polypeptide engineering experience that focuses on project management was developed and incorporated in a graduate-level course. The goal was to have doctoral students in chemical engineering learn about project planning tools, and experience what it might be like to plan and execute a project in industry or business. The motivation behind this goal was to help students best-utilize their technical skills in the private sector, where 42% of doctoral recipients in science and engineering work.

Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger

Faculty Scholarship

No abstract provided.

Criminalizing Match-Fixing As America Legalized Sports Gambling, Jodi Balsam

Faculty Scholarship

No abstract provided.

The Hypercoagulable State In Covid-19: Incidence, Pathophysiology, And Management, Mouhamed Yazan Abou-Ismail, Akiva Diamond, Yasmin Arafah, Lalitha Nayak

Faculty Scholarship

The 2019 coronavirus disease (COVID-19) presents with a large variety of clinical manifestations ranging from asymptomatic carrier state to severe respiratory distress, multiple organ dysfunction and death. While it was initially considered primarily a respiratory illness, rapidly accumulating data suggests that COVID-19 results in a unique, profoundly prothrombotic milieu leading to both arterial and venous thrombosis. Consistently, elevated D-dimer level has emerged as an independent risk factor for poor outcomes, including death. Several other laboratory markers and blood counts have also been associated with poor prognosis, possibly due to their connection to thrombosis. At present, the pathophysiology underlying the hypercoagulable …

Postmodern Violent Conditions In Loher's Innocence, Peter Yang

Faculty Scholarship

Despite its theatrical success, Dea Loher's Innocence faces a heated debate among German theatre and literary critics. Some regard it as a neorealist drama that has reached the highest level of the theatre, but others denounce it as a diffuse, kitschy portrayal of violence. The goal of this paper is to explore themes of the play to negotiate—against the claims of its existing theatre and literary criticism—more accurate critical guidelines of evaluating this theatrical work. The results of this study are expected to contribute to a better understanding of postmodernism and postdramatic theatre in general and of this postdramatic writing …

Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Three Cohorts' Vulnerabilities On The Issue Of Sexual Consent, Anita Bernstein

Faculty Scholarship

No abstract provided.

Notice Risk And Registered Agency, Andrew K. Jennings

Faculty Scholarship

No abstract provided.

Physical And Metabolic Changes After Ileal Pouch-Anal Anastomosis: A Case Study, Jacob Erickson, Patrick Harty, Paul Molling, Richie Stecker, Chad Kerksick, Andrew Jagim

Faculty Scholarship

This case study examined changes in body composition, resting metabolic rate (RMR), aerobic capacity, and daily physical activity in a patient who had ulcerative colitis and underwent ileal pouch-anal anastomosis (IPAA) surgery. Body composition, RMR, and peak oxygen consumption (VO2peak) were assessed prior to surgery and four, eight, and 16 weeks after IPAA surgery. Daily physical activity data were extracted from a wrist-worn activity tracker preoperatively and 16 months postoperatively. At baseline, total body mass was 95.3 kg; body fat, 11.6%; lean body mass, 81.1 kg; RMR, 2416 kcal/d; and VO2peak, 42.7 mL/kg/min. All values decreased from baseline at four …

Keeping The Patient At The Center Of Machine Learning In Healthcare, Jessica Findley, Andrew Woods, Christopher Robertson, Marvin J. Slepian

Faculty Scholarship

Char et al. (2020) aspire to provide "a systematic approach to identifying ... ethical concerns" around machine learning healthcare applications (ML-HCAs), which includes artificial intelligence and big data. Their approach, styled around the development "pipeline" for new technologies, has valuable insights, but we think it over-emphasizes technical design questions and under-emphasizes core ethical questions. There is little ethical debate about whether to maximize accuracy, evaluation, and oversight, at reasonable cost. Of course those goals should be pursued, but these are design challenges about feasibility more than ethical concerns.

Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

The Revival Of Respondeat Superior And Evolution Of Gatekeeper Liability, Rory Van Loo

Faculty Scholarship

In an era of servants and masters, respondeat superior emerged to hold the powerful accountable for the acts of those they control. That doctrine’s significance has only grown in an economy driven by large corporations that rely heavily on legions of subsidiaries and independent contractors, such as banks deploying independent call centers, oil companies using drilling contractors, and tech platforms connecting consumers to app developers. It is widely believed that firms can avoid third- party liability for many laws by outsourcing or creating subsidiaries.

This Article shows that common narratives of the demise of third-party liability are incomplete. Respondeat superior …

What Becomes A Legendary Constitutional Campaign Most? Marking The Nineteenth Amendment At One Hundred, Linda C. Mcclain

Faculty Scholarship

What most becomes a landmark anniversary in the legendary campaign by women (and some men) for woman suffrage that, in 1920, led to Congress’s ratifying the Nineteenth Amendment to the U.S. Constitution? This framing of the question alludes to the famous, decades-long Blackglama advertising campaign, “What becomes a legend most?,” which (beginning in 1968) enlisted the charisma of famous women (and some men) to glamorize mink coats. This Essay also appeals to the dual meanings of legendary -- “of, relating to, or characteristic of legend” and “well-known, or famous” -- and argues that the campaign for woman suffrage is the …

More Than The Vote: 16-Year-Old Voting And The Risks Of Legal Adulthood, Katharine B. Silbaugh

Faculty Scholarship

Advocates of 16-year-old voting have not grappled with two significant risks to adolescents of their agenda. First, a right to vote entails a corresponding accessibility to campaigns. Campaign speech is highly protected, and 16-year-old voting invites more unfettered access to minors by commercial, government, and political interests than current law tolerates. Opening 16-year-olds to campaign access undermines a considered legal system of managing the potential exploitation of adolescents, which sometimes includes direct regulation of entities and also gives parents authority in both law and culture to prohibit, manage, or supervise contacts with every kind of person interested in communicating with …

Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney

Faculty Scholarship

Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …

Cultural Adaptation And Content Validity Of A Chinese Translation Of The 'Person-Centered Primary Care Measure': Findings From Cognitive Debriefing, Stephen J. Zyzanski, Kurt C. Stange

Faculty Scholarship

Objectives To develop an equivalent Chinese translation of the Person-Centered Primary Care Measure (PCPCM) and to establish its cultural adaptability and content validity through cognitive debriefing. Design The original English PCPCM was first translated into Chinese by double forward-translation by professional translators. The reconciliated Chinese version was then doubly back-translated into English by two other professional translators blinded to the forward-translation. On affirmation on its linguistic equivalence with the developers of the original English PCPCM, the reconciliated Chinese PCPCM was sent for cognitive debriefing with 20 Chinese-speaking primary care subjects by a trained interviewer using structured probing questions to collect …

Assessment Of Mixed-Reality Technology Use In Remote Online Anatomy Education, Susanne Wish-Baratz, Andrew R. Crofton, Jorge Gutierrez, Erin Henninger, Mark A. Griswold

Faculty Scholarship

Introduction: The coronavirus disease 2019 (COVID-19) pandemic has presented challenges for education worldwide, especially in medical schools that rely on cadaver-based dissection for anatomy. The advent of commercial mixed-reality (MR) technology, such as the HoloLens (Microsoft Corporation), offers new possibilities for anatomy education.1 At Case Western Reserve University (CWRU), the state of Ohio’s shelter in place order meant that students did not return from spring break in 2020, requiring an urgent modification to the anatomy curriculum, which has featured MR technology since 2018.2 We report our initial experience using MR to teach anatomy remotely to students located throughout North America. …

Covid-19 Risk And Outcomes In Patients With Substance Use Disorders, Quangqiu Wang, David C. Kaelber, Rong Xu

Faculty Scholarship

The global pandemic of COVID-19 is colliding with the epidemic of opioid use disorders (OUD) and other substance use disorders (SUD) in the United States (US). Currently, there is limited data on risks, disparity, and outcomes for COVID-19 in individuals suffering from SUD. This is a retrospective case-control study of electronic health records (EHRs) data of 73,099,850 unique patients, of whom 12,030 had a diagnosis of COVID-19. Patients with a recent diagnosis of SUD (within past year) were at significantly increased risk for COVID-19 (adjusted odds ratio or AOR=8.699 [8.411–8.997], P<10−30), an effect that was strongest for individuals with OUD (AOR=10.244 [9.107–11.524], P<10−30), followed by individuals with tobacco use disorder (TUD) (AOR=8.222 ([7.925–8.530], P<10−30). Compared to patients without SUD, patients with SUD had significantly higher prevalence of chronic kidney, liver, lung diseases, cardiovascular diseases, type 2 diabetes, obesity and cancer. Among patients with recent diagnosis of SUD, African Americans had significantly higher risk of COVID-19 than Caucasians (AOR=2.173 [2.01–2.349], P<10−30), with strongest effect for OUD (AOR=4.162 [3.13–5.533], P<10−25). COVID-19 patients with SUD had significantly worse outcomes (death: 9.6%, hospitalization: 41.0%) than general COVID-19 patients (death: 6.6%, hospitalization: 30.1%) and African Americans with COVID-19 and SUD had worse outcomes (death: 13.0%, hospitalization: 50.7%) than Caucasians (death: 8.6%, hospitalization: 35.2%). These findings identify individuals with SUD, especially individuals with OUD and African Americans, as having increased risk for COVID-19 and its adverse outcomes, highlighting the need to screen and treat individuals with SUD as part of the strategy to control the pandemic while ensuring no disparities in access to healthcare support.

Can Lessons From The Covid-19 Pandemic Help Define A Strategy For Global Pediatric Radiology Education?, Jennifer Lynn Nicholas

Faculty Scholarship

No abstract provided.

Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane Ginsburg, Irene Calboli

Faculty Scholarship

This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and Civil Law jurisdictions. Because the United States does not provide sui generis protection for industrial design, but instead protects design through trademark law (notably by protecting trade dress) and design patents, this chapter focuses on the overlap between trademark and copyright protection. The Lalique bottles created for Nina Ricci perfumes, for example, may enjoy both trademark and copyright protection in the United States. Similarly, …

Quantifying The Decrease In Emergency Department Imaging Utilization During The Covid-19 Pandemic At A Multicenter Healthcare System In Ohio, Keval D. Parikh, Nikhil H. Ramaiya, Elias G. Kikano, Sree Harsha Tirumani, Jonathan Pierce, Carl Butcher, Jeffrey L. Sunshine, Donna M. Plecha

Faculty Scholarship

PURPOSE: To illustrate the change in emergency department (ED) imaging utilization at a multicenter health system in the state of Ohio during the COVID-19 pandemic. METHODS: A retrospective observational study was conducted assessing ED imaging volumes between March 1, 2020, and May 11, 2020, during the COVID-19 crisis. A rolling 7-day total value was used for volume tracking and comparison. Total imaging utilization in the ED was compared with new COVID-19 cases in our region. Utilization was first categorized by modality and then by plain films and computed tomography (CT) scans grouped by body part. CT imaging of the chest …

Shareholder Value(S): Index Fund Esg Activism And The New Millennial Corporate Governance, Michal Barzuza, Quinn Curtis, David H. Webber

Faculty Scholarship

Major index fund operators have been criticized as ineffective stewards of the firms in which they are now the largest shareholders. While scholars debate whether this passivity is a serious problem, index funds’ generally docile approach to ownership is broadly acknowledged.
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/="/">However, this Article argues that the notion that index funds are passive owners overlooks an important dimension in which index funds have demonstrated outspoken, confrontational, and effective stewardship. Specifically, we document that index funds have taken a leading role in challenging management and voting
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Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany Li

Faculty Scholarship

The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical AI. Public and private actors are using new technologies, like heat sensing, and technologically-influenced programs, like contact tracing, alike in response, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the …

Comments On Preliminary Draft 6, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We briefly reiterate the principal General Comments we made with respect to PD5, because PD6 continues, including in its two new sections, to manifest the same overall shortcomings: (i) the relationship of the draft to the statute remains highly inconsistent; (ii) the Restatement needs a consistent and transparent methodology for restating a statute; and (iii) continuing to carry on without clear methodological principles will undermine the utility of this project and the credibility of the ALI.

G-Csf And Gm-Csf Are Different. Which One Is Better For Covid-19?, Hillard M. Lazarus

Faculty Scholarship

No abstract provided.