Digital Commons Network^™

Palestinian Nationality And “Jewish” Nationality: From The Lausanne Treaty To Today, Susan M. Akram

Faculty Scholarship

This chapter assesses the legal foundations of Zionist and Palestinian national claims over the land of Palestine since the British Mandate. It explores the legal basis and implications of the claim of Jewish nationality in Palestine and compares it with the claim of Palestinian nationality. The question of national rights, and who can claim them, is central to rethinking the statehood and residency rights of those living today in the area of historic Palestine. The law of nationality is at the core of the protections of peoples’ right to self-determination, and understanding the principles underlying nationality law is essential to …

What Is "United" About The United States?, Gary S. Lawson

Faculty Scholarship

Jack Balkin’s The Cycles of Constitutional Time aims, among other things, to preserve and promote what Jack regards as “democracy and republicanism,” understood as “a joint enterprise by citizens and their representatives to pursue and promote the public good.” My question is whether and how this normative project is possible in a world full of perceptions of social, political, and moral phenomena akin to the white dress/blue dress internet controversy of 2015. Even if Madison had the better of Montesquieu in 1788 (and that is questionable), the United States has grown dramatically since the founding era, in a patchwork, and …

Exploration Of The Psychometric Properties Of The Person-Centred Primary Care Measure (Pcpcm) In A Chinese Primary Care Population In Hong Kong: A Cross-Sectional Validation Study, Stephen J. Zyzanski, Kurt C. Stange

Faculty Scholarship

Objectives To evaluate the validity and psychometric properties of the Chinese Person-Centred Primary Care Measure (PCPCM) in a Chinese-speaking population. Design A cross-sectional study. Setting A primary care clinic in Hong Kong. Participants 300 Chinese adult patients (150 males and 150 females) were recruited from a primary care clinic to complete a questionnaire containing the PCPCM, Consultation and Relational Empathy (CARE), Patient Enablement Index (PEI) and Adult (short version) Primary Care Assessment Tool (PCAT). The Chinese PCPCM was readministered to 118 participants after 14 days for test-retest reliability. Outcome measures The construct validity, reliability and sensitivity of the Chinese PCPCM. …

Towards Access For All: 1st Working Group Report For The Global Gene Therapy Initiative (Ggti), Mohamed Draz, Umut Gurkan, Olabimpe Olayiwola

Faculty Scholarship

The gene and cell therapy field saw its first approved treatments in Europe in 2012 and the United States in 2017 and is projected to be at least a $10B USD industry by 2025. Despite this success, a massive gap exists between the companies, clinics, and researchers developing these therapeutic approaches, and their availability to the patients who need them. The unacceptable reality is a geographic exclusion of low-and middle-income countries (LMIC) in gene therapy development and ultimately the provision of gene therapies to patients in LMIC. This is particularly relevant for gene therapies to treat human immunodeficiency virus infection …

The Invisible Circumstances Of Notice, Robin Effron

Faculty Scholarship

No abstract provided.

When Engineering Solutions Cause Legal Problems: The Developing Field Of Reservoir Rights And Liabilities, Joseph A. Schremmer

Faculty Scholarship

For well over a decade, the pages of this Quarterly have undoubtedly been filled with discussions of cutting-edge drilling and completion technologies. This article discusses some of the problems that all these engineering solutions have caused for the law of oil and gas. It begins in Part II with a brief outline of how the law slowly develops through the common law process and illustrates how that process responds, also slowly, to rapid technological and social changes, like the unconventional hydrocarbon revolution. Part III then surveys how courts have begun to reform the legal rights and remedies in common reservoirs …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Faculty Scholarship

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Antimicrobial Resistance: Is Health Technology Assessment Part Of The Solution Or Part Of The Problem?, Abigail Colson, Alec Morton, Christine Årdal, Kalipso Chalkidou, Sally Davies, Louis Garrison, Mark Jit, Ramanan Laxminarayan, Itamar Megiddo, Chantal Morel, Justice Nonvignon, Kevin Outterson, John Rex, Abdur Razzaque Sarker, Mark Sculpher, Beth Woods, Yue Xiao

Faculty Scholarship

Antimicrobial resistance is a serious challenge to the success and sustainability of our healthcare systems. There has been increasing policy attention given to antimicrobial resistance in the last few years, and increased amounts of funding have been channeled into funding for research and development of antimicrobial agents. Nevertheless, manufacturers doubt whether there will be a market for new antimicrobial technologies sufficient to enable them to recoup their investment. Health technology assessment (HTA) has a critical role in creating confidence that if valuable technologies can be developed they will be reimbursed at a level that captures their true value. We identify …

Mass-Velocity Dispersion Relation In Manga Brightest Cluster Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We investigate a kinematic scaling relation between the baryonic mass and the flat velocity dispersion, i.e., mass- velocity dispersion relation (MVDR), from the brightest cluster galaxies (BCGs) to the galaxy clusters. In our studies, the baryonic mass of BCGs is mainly estimated by photometry. The velocity dispersion profiles are explored with the integrated field unit by Mapping Nearby Galaxies at Apache Point Observatory (MaNGA). For the first time, we reveal two significant results with 54 MaNGA BCGs: (1) the flat velocity dispersion profiles; (2) a tight empirical relation on the BCG-cluster scale together with cluster samples, i.e., MVDR, = - …

Unacceptable Agency Part I Of The Problem Of An Unloving World, Jeremy Bendik-Keymer

Faculty Scholarship

The Earth System Governance Project is the largest scholarly body in the world devoted to articulating governance of the Earth’s systems. It recently published a “Harvesting Initiative” looking back on the first iteration of its Scientific Plan. This paper contributes to the decolonial and constructive critique of the theory of agency in that Initiative and argues that it displays “fragmentary coloniality” especially around problematic authority relations in governance. By turning to work on “worlding,” the paper argues for radicalizing questions of authority, leading us to focus not on agency but on moral relationships—work for a sequel to this paper.

A Pilot Randomized Clinical Trial Of A Teamwork Intervention For Heart Failure Care Dyads, Elliane Irani, Atsadaporn Niyomyart, Mary A. Dolansky, John Paul Stephens, Richard A. Josephson, Ronald L. Hickman Jr.

Faculty Scholarship

Background: Dyadic heart failure (HF) management can improve outcomes for patients and caregivers and can be enhanced through eHealth interventions. Objective: To evaluate the feasibility, acceptability, and preliminary efficacy of an eHealth dyadic teamwork intervention, compared to an attention control condition. Methods: We recruited 29 HF patient-caregiver dyads from inpatient units and randomized dyads to an intervention or a control group. We calculated enrollment and retention rates, described acceptability using interview and questionnaire data, and computed intervention effect sizes. Results: 37% of eligible dyads agreed to participate and 93% of randomized participants completed follow-up questionnaires. Participants found both study conditions …

Analysis Of Interactions In A Synchronous Hybrid English Class, Chaoran Wang, Ying Luo

Faculty Scholarship

Interaction plays an essential role in teaching and learning, whether in face-to-face, online, or blended-hybrid settings (Anderson, 2003; Smith & Kurthen, 2007). While hybrid learning has gained in popularity since the COVID emergency, the discourse nature of hybrid classrooms remains less explored. Current literature mainly focuses on the discourse analysis of hybrid interactions in higher education. However, there is limited research in the context of synchronous hybrid instruction for young English language learners (Lin et al., 2017).

Law, Fact, And Procedural Justice, G. Alexander Nunn

Faculty Scholarship

The distinction between questions of law and questions of fact is deceptively complex. Although any first-year law student could properly classify those issues that fall at the polar ends of the law-fact continuum, the Supreme Court has itself acknowledged that the exact dividing line between law and fact—the point where legal inquiries end and factual ones begin—is “slippery,” “elusive,” and “vexing.” But identifying that line is crucially important. Whether an issue is deemed a question of law or a question of fact often influences the appointment of a courtroom decision maker, the scope of appellate review, the administration of certain …

Swords Into Plowshares: A Pilgrimage For The Css Alabama, William W. Park

Faculty Scholarship

During the American Civil War, Britain sold ships to the Southern Confederacy in breach of neutrality obligations, triggering a dispute with the United States carrying threats of armed conflict. Some American politicians saw the dispute as an opportunity to annex Canada, then a weak assemblage of British colonies. Ultimately, arbitration in Geneva averted war, opening an era of long Anglo-American cooperation. The historical consequence of this landmark 1872 arbitration remains difficult to overstate. In addition to its diplomatic importance, the case introduced significant procedural precedents for international arbitration, including dissenting options, reasoned awards, party-appointed arbitrators, collegial deliberations, and arbitrators’ declarations …

From Exposure To Violence Between Mother And Her Intimate Partner To Suicidality Experienced By Urban Adolescents In Chicago’S Southside, Dexter R. Voisin

Faculty Scholarship

Although the relationship between exposure to intimate partner violence and youths’ psychological and other wellbeing has been widely studied, there is limited research about how youths’ exposure to violence between mother and her intimate partner may be related to youth psychological wellbeing. The study used a sample of urban adolescents in Chicago Southbound to examine whether youths’ exposure to verbal conflict between mother and her intimate partner is related to their suicidality and whether youth depression and aggression may be in between such a linkage. Our findings indicated that one-third of the youth had suicidal thoughts or suicidal/self-hurting attempts. Youths’ …

Brief For The National Stripper Well Association As Amicus Curiae, L. Ruth Fawcett Tr. V. Oil Producers, Inc. Of Kansas, Joseph A. Schremmer, Charles C. Steincamp

Faculty Scholarship

In its briefings, the Class in this appeal, in spite of the evidence, evokes the myth of a great conspiracy between operators and marketers, and it advances a theory that threatens impermissible economic and underground waste of natural gas resources. The language of the parties' oil and gas leases, on the other hand, sets up bargained-for arrangement that enables the parties to share in the benefits of stripper gas production and promotes conservation of the state's natural gas reserves.

Epilepsy In Older People In Sub-Saharan Africa: A Systematic Review, Martha Sajatovic

Faculty Scholarship

Background: Over one-fourth of new onset epilepsy occurs after age 60. However, the burden of epilepsy and other seizure disorders among this special population in Africa is largely unknown, despite a growingnumber of elderly persons on the continent. This study aimed to assess the prevalence and risk factors for epilepsy among persons aged 60 years or older in Africa. Methods: We conducted a systematic review by searching MEDLINE (via) and EMBASE databases from inception to 30th October 2020. Primary researches reporting prevalence or incidence of seizures or epilepsy in older persons (≥60 years) were included. Review articles were excluded. Results: …

Brief For American Indian Law Scholars As Amicus Curiae, Stephen C., Et Al V. Bureau Of Indian Education, Et Al.,, Barbara L. Creel, Tierra N. Marks, Randolph H. Barnhouse

Faculty Scholarship

Indian Civil Rights/Education Lawsuit

View this and other court documents at Turtle Talk.

Congress’s declared federal policy is “to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children.” 25 U.S.C. § 2000. This federal policy is the touchstone of the federal government’s trust obligation to Indian families and their children. When the BIA (through the BIE) fails to protect the rights of Indian children to “educational opportunities that equal or exceed those for all other students in the United States,” courts have a vital role to …

Sweet Are The Uses Of Adversity, Nicholas Allard

Faculty Scholarship

No abstract provided.

Structural Racism And Risk Of Sars-Cov-2 In Pregnancy, Rachel Pope, Prakash R. Ganesh, Jill Miracle, Johnie Rose, Kurt C. Stange, Terry Allan, Heidi Gullett

Faculty Scholarship

Background: Structural racism leads to adverse health outcomes, as highlighted by inequities in COVID-19 infections. We characterized Black/White disparities among pregnant women with SARS-CoV-2 in Cuyahoga County which has some of the most extreme health disparities in the U.S., such as a rate of Black infant mortality that is three times that of White counterparts. Methods: This was a retrospective cohort study using data collected as part of public health surveillance between March 16, 2020 until October 1, 2020. This study aimed to compare Black and Non-Black pregnant women infected with SARS-CoV-2 to understand how the distribution of risk factors …

Comparing The Inner And Outer Star-Forming Complexes In The Nearby Spiral Galaxies Ngc 628, Ngc 5457, And Ngc 6946 Using Uvit Observations, Stacy S. Mcgaugh

Faculty Scholarship

We present a far-UV (FUV) study of the star-forming complexes (SFCs) in three nearby galaxies using the Ultraviolet Imaging Telescope. The galaxies are close to face-on and show significant outer disk star formation. Two of them are isolated (NGC 628 and NGC 6946), and one is interacting with distant companions (NGC 5457). We compared the properties of the SFCs inside and outside the optical radius (R 25). We estimated the sizes, star formation rates (SFRs), metallicities, and Toomre Q parameter of the SFCs. We find that the outer disk SFCs are at least 10 times smaller in area than those …

Caregiving Stress And Self-Rated Health During The Covid-19 Pandemic: The Mediating Role Of Resourcefulness, Elliane Irani, Atsadaporn Niyomyart, Jaclene A. Zauszniewski

Faculty Scholarship

Family caregivers faced unprecedented circumstances and experienced increased levels of stress during the COVID-19 pandemic. Resourcefulness can minimize the effect of stress on health outcomes. The purpose of this study was to examine the associations between caregiving stress during the pandemic, resourcefulness, and self-rated health and assess the mediating effect of resourcefulness. A convenience sample of 70 family caregivers of adults with chronic and/or disabling conditions was recruited using social media groups and professional networking platforms. Data were collected using an online survey and analyzed using linear regression. Mediation analysis was conducted using the PROCESS macro. Higher levels of caregiving …

Reducing Stroke Burden Through A Targeted Self-Management Intervention For Reducing Stroke Risk Factors In High-Risk Ugandans: A Protocol For A Randomized Controlled Trial, Shirley Moore, Carol Blixen, Martha Sajatovic

Faculty Scholarship

Introduction: Stroke burden is rapidly increasing globally. Modifiable risk factors offer an opportunity to intervene, and targeting hypertension is a key actionable target for stroke risk reduction in sub-Saharan Africa. This 3-site planned randomized controlled trial builds on promising preliminary data. Methods: A total of 246 Ugandan adults will be recruited randomized to experimental intervention vs. enhanced treatment control. Intervention participants will receive six weekly group-format stroke risk reduction self-management training sessions, and the controls will receive information on cardiovascular risk. The primary study outcome is systolic B.P. measured at baseline, 13-week, 24 weeks (6 months). Secondary outcomes include other …

Covid-19 And Older Adults With Bipolar Disorder: Problems And Solutions, Martha Sajatovic

Faculty Scholarship

No abstract provided.

Introduction: Lenses, Methods, And Approaches In Intellectual Property Research, Irene Calboli, Maria Lillà Montagnani

Faculty Scholarship

The relevance of Intellectual Property (IP) Law in our society has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP Law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, and information, in an unprecedented manner. No longer relegated to a cohort of few specialized experts, IP Law is now at the front and centre …

Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang

Faculty Scholarship

A transgender person faces obstacles trying to negotiate a gender-binary world. Going through a TSA checkpoint is no different. A substantial number of transgender persons have reported that they were detained and examined because they were transgender.1 Why this situation persists and what policy reforms should be implemented to alleviate it are the subjects of this Essay. This Essay is devoted mainly to the theme of transgender rights, rather than race, a central theme of the symposium in which this Essay appears. Given the relatively small pool of transgender individuals for whom data is available, this Essay is unable to …

(Re)Framing Race In Civil Rights Lawyering, Angela Onwuachi-Willig, Anthony V. Alfieri

Faculty Scholarship

A review of Henry Louis Gates, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow (Penguin Press, 2019). The Review proceeds in four parts. Part I parses Gates’s analysis of the rise of white supremacist ideology and the accompanying concept of the “Old Negro” during the Redemption era and the countervailing emergence of the concept of a “New Negro” culminating in the Harlem Renaissance. Part II examines the lawyering process as a rhetorical site for constructing racialized narratives and racially subordinating visions of client, group, and community identity through acts of representing, prosecuting, and defending people of …

Virtual Work Meetings During The Covid-19 Pandemic: The Good, Bad, And Ugly, Katherine A. Karl, Joy V. Peluchette, Navid Aghakhani

Faculty Scholarship

This study focuses on the good, the bad and the ugly of using videoconferencing for work-related meetings during the COVID-19 pandemic. Using a text mining process and qualitative content analysis of 549 comments posted to a LinkedIn online discussion board, we identified six key themes; three were tied to camera and microphone issues, two involved eating and meeting management issues, and one dealt with work-from-home issues. These themes are discussed in relationship to media naturalness theory and meeting science. Because widespread use of videoconferencing will likely continue, we provide guidance for workplace policies/practices and suggest directions for future research.

Family Caregivers’ Experiences And Changes In Caregiving Tasks During The Covid-19 Pandemic, Elliane Irani, Atsadaporn Niyomyart, Ronald L. Hickman

Faculty Scholarship

The purpose of this descriptive study was to describe family caregivers’ experiences and changes in caregiving tasks and approaches during the COVID-19 pandemic. Using web-based strategies, 69 family caregivers of adults with chronic or disabling conditions were recruited and completed an online survey about positive and negative caregiving experiences, and ways in which caregiving has changed. Data were analyzed using descriptive statistics (structured questions) and conventional content analysis (open-ended responses). Participants reported concerns about their loved one’s physical and mental health, the limited access to other caregiving sources, and the limited opportunities to maintain personal well-being. Caregiving tasks completed more …

Building Asian American And Black Solidarity For Racial Justice In Today’S America, Vinay Harpalani, Sunu P. Chandy, Sholanna Lewis, Frank H. Wu

Faculty Scholarship

About the Panel: Although there have been tensions, including those tied to colorism, between the Asian American and Pacific Islander and Black communities in America, there has been an equally long history of mutual support and collaboration between these two communities. How does anti-Blackness in the AAPI community impact the work of building solidarity with Black activists? In this conversation, we highlight our common ground so that Asian American and Black social justice communities can push forward our collective needs to fight racial injustice and other forms of discrimination in this country.