Digital Commons Network^™

Use Of Electronic Pharmacy Transaction Data And Website Development To Assess Antibiotic Use In Nursing Homes, Sunah Song, Brigid M. Wilson, Robin L.P. Jump

Faculty Scholarship

Background: In 2017, the Centers for Medicare and Medicaid Services required all long-term care facilities, including nursing homes, to have an antibiotic stewardship program. Many nursing homes lack the resources, expertise, or infrastructure to track and analyze antibiotic use measures. Here, we demonstrate that pharmacy invoices are a viable source of data to track and report antibiotic use in nursing homes. Methods: The dispensing pharmacy working with several nursing homes in the same healthcare corporation provided pharmacy invoices from 2014 to 2016 as files formatted as comma separated values. We aggregated these files by aligning elements into a consistent set …

Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran

Faculty Scholarship

Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I explore patterns of racial and ethnic segregation in America’s schools and evaluate how those patterns relate to additional challenges based on socioeconomic isolation. In addition, I consider the role of language and immigration status in shaping …

Identifying Patient Strengths Instruments And Examining Their Relevance For Chronic Disease Management: A Systematic Review, Kurt C. Stange

Faculty Scholarship

What is already known on this topic? Chronic disease management often focuses on what is wrong with patients rather than recognizing their strengths and resources. However, studies show the value of emphasizing personal strengths to improve outcomes. What is added by this report? How instruments evaluate personal strengths varies, making it especially difficult when determining the use of instruments in clinical populations. This systematic review defines the heterogeneity of constructs that research has used to examine personal strengths as well as the reliability and validity of strengths-related scales. What are the implications for public health practice? Understanding the value of …

Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa

Faculty Scholarship

Did you know that the U.S. Environmental Protection Agency, through the Superfund program within each of the ten regional offices across the United States, has millions of dollars to spend each year for cleaning up contaminated sites that are not designated “Superfund” sites? Not many people seem to know that, even lawyers who practice in environmental law, or even law professors who teach it. If these elite folks do not know that, then how would ordinary community members know that, people with busy lives who don’t do Superfund for a living? The short answer is, they probably don’t know either.

Understanding How Relational Health Effects Intimate Partner Violence Perpetration Among Low-Income, Black, Indigenous, Men Of Color Exposed To Adverse Childhood Experiences: An Exploratory Study, Laura A. Voith, Hyunjune Lee, Katie N. Russell, Amy E. Korsch-Williams

Faculty Scholarship

Relational health has emerged as a consistent factor that can mitigate the effects of trauma among children; however, less is known about relational health with adults, particularly related to intimate partner violence (IPV) perpetration among racially and socioeconomically marginalized men. The Exploratory Sequential Design, Taxonomy Development Model was used. Semi-structured interviews (N = 11) and narrative analysis were conducted in Phase I. In Phase II, variables approximating the key themes that emerged in Phase I were selected from an existing dataset (N = 67), and relationships were examined using bivariate associations. The sample consisted of low-income Black, Indigenous, men of …

Bits And Bonds: The International Law And Economics Of Sovereign Debt, Stratos Pahis

Faculty Scholarship

No abstract provided.

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Faculty Scholarship

Issues of racial inequality and violence are front and center in today’s society, as are issues surrounding artificial intelligence (AI). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, and Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice …

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …

Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan

Faculty Scholarship

No abstract provided.

Comparison Of Energy Expenditure Observed Between Scheduled Activities In Collegiate Team-Sport Female Athletes, Jessica M. Moon, Hannah A. Zabriskie, Patrick S. Harty, Bradley S. Currier, Julia C. Blumkaitis, Richard A. Stecker, Andrew Jagim, Chad M. Kerksick

Faculty Scholarship

Energy needs of female team-sport athletes are poorly understood with no evidence highlighting differences present between scheduled activities. The purpose of this study was to examine the difference in energy expenditure between NCAA Division II female basketball (BBALL) and lacrosse (LAX) athletes during different scheduled team activities. Female BBALL (n = 13; 19.8 ± 1.3 yrs; 173.9 ± 13.6 cm; 74.6 ± 9.1kg; 27.1 ± 3.2%fat) and LAX (n = 20; 20.4 ± 1.8yrs; 168.4 ± 6.6cm; 68.8 ± 8.9kg; 27.9 ± 3.1%fat) athletes were outfitted with heart rate and activity monitors during four consecutive days on five different occasions …

School Finance Reform And Professor Stephen D. Sugarman’S Lasting Legacy, Rachel F. Moran

Faculty Scholarship

Once, over lunch, I recall a law professor reflecting on scholarly work’s ephemeral nature. Legal academics, he thought, should consider themselves lucky if their articles sparked a discussion that lasted for even a few years. By that standard, Professor Stephen Sugarman’s seminal work on school finance reform, done in collaboration with John Coons and William Clune, must count as a Methuselah of academic concepts. Decades later, this research continues to prompt scholarly debate, legal advocacy, and legislative reform. In this essay, I first describe the origins of the theory of school finance reform. I then turn to the ongoing influence …

Legal Services Needs Assessment For Rio Grande Valley Residents In Texas: A Comprehensive T3 Report, Amber Baylor, Nandita Chaudhuri, Luz E. Herrera, Felipe Hinojosa

Faculty Scholarship

This report presents the findings of a legal needs assessment and oral history project that was simultaneously undertaken from August 2019 to September 2020 in the Rio Grande Valley region of Texas. The purpose of the research is to provide a detailed discussion about access to legal information and to document the pertinent legal needs in the Rio Grande Valley. The project documented respondents’ perceptions of the area’s legal assets and needs.

The report captured information from more than 600 individuals who participated in surveys, focus groups, and interviews to create an overview of the historic legal-resource environment that exists …

Bargaining In The Shadow Of Investor-State Mediation: How The Threat Of Mediation Will Improve Parties' Conflict Management, Andrea Kupfer Schneider, Nancy A. Welsh

Faculty Scholarship

Issues of access to justice, threats to national sovereignty, and perceptions of inconsistency and arbitrariness have led to a crisis of confidence in the investor-state arbitration system. In response, there has been a successful push for the inclusion of mediation in treaty provisions and arbitration rules, as well as ratification of the Singapore Convention for the expedited enforcement of mediated agreements. Nonetheless, very little mediation is actually occurring on the ground. Efforts to increase the use of mediation have failed to address concerns such as the political costs of settling cases, the lack of coordination between state agencies with different …

In A Nutshell, A Reciprocal Transplant Experiment Reveals Local Adaptation And Fitness Trade-Offs In Response To Urban Evolution In An Acorn-Dwelling Ant, Ryan A. Martin, Lacy D. Chick, Matthew L. Garvin, Sarah E. Diamond

Faculty Scholarship

Urban-driven evolution is widely evident, but whether these changes confer fitness benefits and thus represent adaptive urban evolution is less clear. We performed a multiyear field reciprocal transplant experiment of acorn-dwelling ants across urban and rural environments. Fitness responses were consistent with local adaptation: we found a survival advantage of the “home” and “local” treatments compared to “away” and “foreign” treatments. Seasonal bias in survival was consistent with evolutionary patterns of gains and losses in thermal tolerance traits across the urbanization gradient. Rural ants in the urban environment were more vulnerable in the summer, putatively due to low heat tolerance, …

Follow-Up Enforcement, Andrew K. Jennings

Faculty Scholarship

No abstract provided.

The Impact Of Covid-19 On Immigration Detention, Fatma Marouf

Faculty Scholarship

COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …

Presidential Removal: The Marbury Problem And The Madison Solutions, Jed Handelsman Shugerman

Faculty Scholarship

Marbury v. Madison is not just a puzzling judicial review precedent. It is also a puzzle about presidential removal. Why was it not taken for granted that Jefferson, Secretary of State Madison, or another executive official could simply fire Marbury? Why did Chief Justice Marshall also conclude in the unanimous decision that Marbury could not be removed?

This symposium essay summarizes recent research (especially by Jane Manners and Lev Menand) to solve this problem: an office appointed to a term of years restricted removal in the Anglo-American tradition, demonstrating that presidential removal was not a default rule. This essay also …

Reducing The Wealth Gap Through Fintech 'Advances' In Consumer Banking And Lending, Nathalie Martin, Pamela Foohey

Faculty Scholarship

Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like banking services, such as early wage access and other fintech innovations. These innovations both hold the promise of reducing racial and ethnic disparities in lending and bring concerns that they may be exploited in ways that perpetuate inequality. They also come at a time when policy makers are considering how …

Mass-Velocity Dispersion Relation In Hiflugcs Galaxy Clusters, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

We investigate the mass-velocity dispersion relation (MVDR) in 29 galaxy clusters in the HIghest X-ray FLUx Galaxy Cluster Sample (HIFLUGCS). We measure the spatially resolved, line-of-sight velocity dispersion profiles of these clusters, which we find to be mostly flat at large radii, reminiscent of the rotation curves of galaxies. We discover a tight empirical relation between the baryonic mass M bar and the flat velocity dispersion σ of the member galaxies, i.e., MVDR,, with the lognormal intrinsic scatter of 12 -3 +3. The residuals of the MVDR are uncorrelated with other cluster properties like temperature, cluster radius, baryonic mass surface …

Alcohol Use In Tanzanians With Chronic Psychotic Disorders And Poor Medication Adherence, Emily Simon, Jennifer B. Levin, Carol Blixen, Michelle Aebi, Kristin Cassidy, Martha Sajatovic

Faculty Scholarship

Background: The burden of chronic psychotic disorders (CPDs) in sub-Saharan Africa (SSA) is significant. Poorly medically adherent patients are more likely to have worse outcomes and require more resources. However, factors impacting effective treatment of CPD in this population are unclear. Aim: Examine the relationship between alcohol use and disease management and compare alcohol risk stratification between the Alcohol Use Disorders Identification Test (AUDIT) and Alcohol, Smoking and Substance Involvement Screening Test (ASSIST) in poorly medication adherent Tanzanians with CPD. Setting: Muhimbili National Hospital and ambulatory clinics in Dar es Salaam, Tanzania. Methods: 100 Tanzanians with CPDs and suboptimal medication …

Systematic Literature Review Of Psychiatric Comorbidities In Adults With Epilepsy, Elaine Lu, Christopher J. Burant, Martha Sajatovic

Faculty Scholarship

Background and Purpose Mental illness is disproportionately common in people with epilepsy (PWE). This systematic literature review identified original research articles that reported the prevalence of psychiatric comorbidities based upon clinical assessments in a sample of PWE and assessed the clinical features of the populations found in studies included in our review of mental health comorbidity. Methods The included articles were written in English and published from 2008 to 2018, and focused on adults aged ≥18 years who had psychiatric diagnoses determined in clinical assessments, such as those found in medical records, clinician psychiatric evaluations, struc-tured diagnostic interviews, and mental …

Integrating Behavioral Health And Primary Care (Ibh-Pc) To Improve Patient-Centered Outcomes In Adults With Multiple Chronic Medical And Behavioral Health Conditions: Study Protocol For A Pragmatic Cluster-Randomized Control Trial, Terry Stancin, Kurt C. Stange, Kathryn Teng

Faculty Scholarship

Background: Chronic diseases that drive morbidity, mortality, and health care costs are largely influenced by human behavior. Behavioral health conditions such as anxiety, depression, and substance use disorders can often be effectively managed. The majority of patients in need of behavioral health care are seen in primary care, which often has difficulty responding. Some primary care practices are providing integrated behavioral health care (IBH), where primary care and behavioral health providers work together, in one location, using a team-based approach. Research suggests there may be an association between IBH and improved patient outcomes. However, it is often difficult for practices …

American Perspectives On Suicidality Among Men In Poland, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

This article examines sociological, psychological, and suicidological research on the determinants of male suicide to explore the fact that Polish men complete suicide 7.4 times more than women, a frequency twice as high as in the US. This paper is based upon an examination of relevant literature and statistical databases. A keyword search was completed in both Polish and English language databases. Ideals of masculinity and negative social attitudes towards a non-binary view of gender may increase stressors and discourage men in Poland from revealing their problems while seeking support, explaining the high rates of suicide completion among Polish men. …

Santa Fe Reporter Interviews Maryam Ahranjani: Change Of Venue, District Court Judge To Consider Defense’S Argument That A Fair Trial In The Slaying Of Basketball Star Is Impossible In Santa Fe, Maryam Ahranjani, Katherine Lewin

Faculty Scholarship

Maryam Ahranjani, a criminal law professor at the University of New Mexico, concedes that the "accessibility" of information is much different now than when the Founding Fathers ratified the Sixth Amendment (the right to a speedy and public trial by an impartial jury), but that the original idea of that section of the Constitution stemmed from the belief trials are best held in the community in which they occurred.

"Certainly judges are willing to change venues sometimes, consistent with that original idea that the local community is what defines the crime and so they're the ones who should determine whether …

Krwg Interviews Maryam Ahranjani, Doña Ana County Mandatory Vaccination Policy Contested, Maryam Ahranjani, Madison Staten

Faculty Scholarship

Maryam Ahranjani, an associate professor of law at the University of New Mexico, says government officials can mandate vaccination for their employees.

“The law is pretty clear that in using the state's police power to regulate for the health, safety and welfare of its citizens, an employer can require vaccinations,” Ahranjani said.

Ahranjani pointed to Jacobson v. Massachusetts, a 1905 Supreme Court Case that ruled mandatory vaccinations constitutional. But she says that just because she believes employers can require vaccinations doesn’t mean it’s the best solution.

“There's some strong arguments for why it's probably not the best approach,” Ahranjani said. …

Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag

Faculty Scholarship

No abstract provided.

Settled Law, G. Alexander Nunn, Alan M. Trammell

Faculty Scholarship

“Settled law” appears frequently in judicial opinions — sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine. During judicial confirmation hearings, the term is bandied about as Senators, advocacy groups, and nominees discuss judicial philosophy and deeper ideological commitments. But its varying and often contradictory uses have given rise to a concern that settled law is simply a repository for hopelessly disparate ideas. Without definitional precision, it risks becoming nothing more than empty jargon.

We contend that settled law is actually a meaningful …

Geographical Indications: New Perspectives And Recent Developments, Irene Calboli

Faculty Scholarship

Not even three decades ago, Geographical Indications (GIs) were a niche subject. Scholarship on the topic was rare, in particular, in the English-speaking world. Then, after the adoption of the TRIPS Agreement, the role of GIs started to become increasingly more prominent at the multilateral level, as well as part of free trade agreements' negotiations and national policies. This translated to a growing body of scholarship that included not only authors from Europe, the continent from which GIs originate, but also from other countries and the global South. In the past ten years, attention to GIs has continued to grow …

Health And Ergogenic Potential Of Oral Adenosine-5′-Triphosphate (Atp) Supplementation, Ralf Jäger, Martin Purpura, John A. Rathmacher, John C. Fuller Jr., Lisa M. Pitchford, Fabricio E. Ross, Chad M. Kerksick

Faculty Scholarship

Adenosine triphosphate (ATP) is the primary compound that provides energy to drive many processes in living cells, including muscle contraction, neurotransmission, and cardiac function. Initial research used enteric-coated ATP that displayed no apparent efficacy. However, ATP disodium supplementation has demonstrated improved bioavailability and acute and chronic benefits to cardiovascular health, muscular performance, body composition, and recovery while attenuating muscle breakdown and fatigue. In this review, we provide a critical assessment of oral ATP’s bioavailability and its various health and ergogenic benefits.

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Scholarship

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …