Digital Commons Network^™

On Empathy, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the deadly mass shooting of June 12, 2016, in Orlando, Florida, and his belief that more empathy is needed in the world. Wheeler then relates, through personal anecdotes, his own journey toward empathy. He concedes that there is no recipe for empathy, but believes that sharing personal stories can spur conversation, thinking, and collective action.

The Unfinished Business Of Dodd-Frank: Reforming The Mortgage Contract, Christopher K. Odinet

Faculty Scholarship

The standard residential mortgage contract is due for a reappraisal. The goals of Dodd-Frank and the CFPB are geared toward creating better stability in the residential mortgage market, in part, by mandating more robust underwriting. This is achieved chiefly through the ability-to-repay rules and the “qualified mortgage” safe harbor, which call for very conservative underwriting criteria to be applied to new mortgage loans. And lenders are whole-heartedly embracing these criteria in their loan originations — in the fourth quarter of 2015 over 98% of all new residential loans were qualified mortgages, thus resulting in a new wave of credit-worthy homeowners …

Underwriting Sustainable Homeownership: The Federal Housing Administration And The Law Down Payment Loan, David Reiss

Faculty Scholarship

No abstract provided.

State Innovation On Climate Change: Reducing Emissions From Key Sectors While Preparing For A New Normal, Gabriel Pacyniak

Faculty Scholarship

Climate change is a global phenomenon that is causing sea levels to rise, floods and droughts to become more severe, and countless other impacts. States are implementing many innovative initiatives that are helpful models for other state and federal action—catalyzing changes well beyond their borders. State and local governments possess important legal authorities in areas such as utilities regulation, infrastructure investment, and land use—governing important policies, programs and investments that have long-term consequences in the fight against climate change. More recently, states have begun to undertake efforts to prepare for the consequences of climate change—developing “adaptation plans” aimed at increasing …

Scalia And Antitrust, Keith N. Hylton

Faculty Scholarship

Ask almost anyone in Massachusetts, or in any other predominantly liberal American state, what they think about Justice Antonin Scalia, and you are bound to hear comments, not a few of them derisory, about original intent as an approach to constitutional law. This was true long before his death on February 13, 2016, and is still true today. The theory of originalism, the notion that the Constitution should be interpreted in accordance with the intent of its framers, had become so closely associated with Scalia that the man had become the living embodiment of the theory.

A National Evaluation Of A Dissemination And Implementation Initiative To Enhance Primary Care Practice Capacity And Improve Cardiovascular Disease Care: The Escalates Study Protocol, Kurt C. Stange

Faculty Scholarship

Background: The Agency for Healthcare Research and Quality (AHRQ) launched the EvidenceNOW Initiative to rapidly disseminate and implement evidence-based cardiovascular disease (CVD) preventive care in smaller primary care practices. AHRQ funded eight grantees (seven regional Cooperatives and one independent national evaluation) to participate in EvidenceNOW. The national evaluation examines quality improvement efforts and outcomes for more than 1500 small primary care practices (restricted to those with fewer than ten physicians per clinic). Examples of external support include practice facilitation, expert consultation, performance feedback, and educational materials and activities. This paper describes the study protocol for the EvidenceNOW national evaluation, which …

Temporal Effects Of Distressed Housing On Early Childhood Risk Factors And Kindergarten Readiness, Claudia J. Coulton, Francisca García Cobián Richter, Robert L. Fischer, Youngmin Cho

Faculty Scholarship

Poor housing quality and housing crises have been linked to adverse outcomes for children. However, few studies have focused on the early childhood period or been able to pinpoint how the timing and duration of housing problems contributes to early educational success. This longitudinal study draws on linked administrative records from housing, education, social service and health agencies to examine the influence of exposure to housing neighborhood conditions since birth on school readiness of all children entering kindergarten over a four-year period in a big city school system. Using marginal structural models that properly account for dynamic housing and neighborhood …

Delinking Investment In Antibiotic Research And Development From Sales Revenues: The Challenges Of Transforming A Promising Idea Into Reality, Kevin Outterson, Unni Gopinathan, Charles Clift, Anthony So, Chantal Morel, John-Arne Røttingen

Faculty Scholarship

1. The current business model for antibiotics is plagued by market failures and perverse incentives that both work against conservation efforts and provide insufficient rewards to drive the development of much-needed new treatments for resistant infection.

2. Many new incentive mechanisms have been proposed to realign incentives and support innovation and conservation over the long term. The most promising of these are based on the idea of delinking rewards from sales volume of the antibiotic — the notion of “delinkage.”

3. Some critical design issues for delinkage remain, such as how to secure access to badly needed new products when …

All Dried Out: How Responses To Drought Make Droughts Worse, Vanessa Casado-Pérez

Faculty Scholarship

Water usage is governed through a variety of mechanisms, including government administration and market tools. In 2006-2008 Barcelona’s region, a water scarce area, suffered a drought comparable to the one faced today by the US West. This article surveys a variety of techniques which were or could have been used to address these scarcity challenges. Spanish water regulations established water markets in 1999 but neither the design, nor its implementation were optimal. In addition to the design and implementation flaws, the response to the 2006-2008 drought crisis shows how emergency measures highjack water markets as a viable solution to water …

Communication-Microelectrode Detection Of Cholesterol Efflux From The Human Buccel Mucosa, Xiaochun Yu, Thomas J. Kelley, Hillel J. Chiel, James D. Burgess

Faculty Scholarship

It has previously demonstrated that cholesterol efflux from the cell plasma membrane is increased in a mouse model of cystic fibrosis (CF) compared to a wild-type control. A noninvasive means of characterizing plasma membrane cholesterol efflux at the surface of airway tissue of CF patients is needed to extend the trends found in animal models of CF to the human disease state. Microelectrode-induced cholesterol efflux from the plasma membrane of cells at the surface of tissue is proposed as a strategy to demonstrate increased cholesterol efflux for CF in human subjects. Data demonstrating detection of cholesterol efflux from the human …

The Judicial Role In Constraining Presidential Non-Enforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters

Faculty Scholarship

Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means for the rule of law and how such discretionary inaction can fit within a constitutional structure that compels Presidents to "take Care that the Laws be faithfully executed." Yet those who have recognized the problem have been hesitant to assign a role for the court in policing the constitutional limits they articulate, mostly because of the strain on judicial capacity that any formulation of Take Care Clause review would cause. In this Article, I argue that courts still can and …

Evaluation Of Iowa’S Anti-Bullying Law, Marizen Ramirez, Patrick Ten Eyck, Corinne Peek-Asa, Angela Onwuachi-Willig, Joseph E. Cavanaugh

Faculty Scholarship

Bullying is the most common form of youth aggression. Although 49 of all 50 states in the U.S. have an anti-bullying law in place to prevent bullying, little is known about the effectiveness of these laws. Our objective was to measure the effectiveness of Iowa’s anti-bullying law in preventing bullying and improving teacher response to bullying.

Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri

Faculty Scholarship

No abstract provided.

A Survey And Analysis Of The American Public's Perceptions And Knowledge About Antibiotic Resistance, Rebecca R. Carter, Jiayang Sun, Robin L.P. Jump

Faculty Scholarship

Background. Little is known about the American public's perceptions or knowledge about antibiotic-resistant bacteria or antibiotic misuse. We hypothesized that although many people recognize antibiotic resistance as a problem, they may not understand the relationship between antibiotic consumption and selection of resistant bacteria. Methods. We developed and tested a survey asking respondents about their perceptions and knowledge regarding appropriate antibiotic use. Respondents were recruited with the Amazon Mechanical Turk crowdsourcing platform. The survey, carefully designed to assess a crowd-sourced population, asked respondents to explain "antibiotic resistance" in their own words. Subsequent questions were multiple choice. Results. Of 215 respondents, the …

Multiple Dimensions Of Stigma And Health Related Factors Among Young Black Men Who Have Sex With Men, Dexter R. Voisin

Faculty Scholarship

This study is among the first to examine the association between multiple domains of HIV-related stigma and health-related correlates including viral load and medication adherence among young Black men who have sex with men (N = 92). Individual logistic regressions were done to examine the hypothesized relationships between HIV-related stigma and various health and psychosocial outcomes. In addition to examining total stigma, we also examined four domains of HIV stigma. Findings revealed the various domains of stigma had differential effects on health-related outcomes. Individuals who reported higher levels of total stigma and personalized stigma were less likely to be virally …

Self-Forgiveness And Forgiveness-Seeking In Response To Rumination: Cardiac And Emotional Responses Of Transgressors, Sérgio P. Da Silva, Charlotte Witvliet, Blake Riek

Faculty Scholarship

Self-forgiveness and forgiveness-seeking are important and understudied aspects of forgiveness. We examined the cardiac and emotional patterns of healthy young adults (40 women, 40 men) who recalled an unresolved offense they had caused another person. Participants engaged in four imagery conditions: ruminating about the offense, being humbly repentant and engaging in self-forgiveness, seeking forgiveness from the victim and receiving forgiveness, and seeking forgiveness from the victim and being begrudged. Being repentant and begrudged forgiveness by one’s victim was associated with the same level of guilt as when ruminating, but significantly more negative emotion, less control, and less empathy than when …

Serratia Fonticola, Pathogen Or Bystander? A Case Series And Review Of The Literature, Roberto Viau, Robin L.P. Jump

Faculty Scholarship

Serratia fonticola is an unusual human pathogen, previously described primarily as causing skin and soft tissue infections following trauma. There is little information in the literature about its treatment or susceptibilities. We describe the case of a 67-year-old male with paraplegia who developed urosepsis due to S. fonticola. Blood and urine cultures obtained prior to the initiation of antimicrobials both grew S. fonticola. The patient completed a 15-day course of antimicrobials and had an uneventful recovery.We reviewed 17 other patients with clinical cultures positive for S. fonticola. Of these, 11 isolates were from the genitourinary system, most often as part …

Time To Empower Tribal Authorities, Kevin Washburn

Faculty Scholarship

No abstract provided.

Effect Of A 72 Hour Stroke Care Bundle On Early Outcomes After Acute Stroke: A Non Randomised Controlled Study, Martha Sajatovic, Anthony J. Furlan

Faculty Scholarship

Background Integrated care pathways (ICP) in stroke management are increasingly being implemented to improve outcomes of acute stroke patients. We evaluated the effect of implementing a 72 hour stroke care bundle on early outcomes among patients admitted within seven days post stroke to the national referral hospital in Uganda. Methods In a one year non-randomised controlled study, 127 stroke patients who had ‘usual care’ (control group) were compared to 127 stroke patients who received selected elements from an ICP (intervention group). Patients were consecutively enrolled (controls first, intervention group second) into each group over 5 month periods and followed to …

Two Views Of First Amendment Thought Privacy, Adam J. Kolber

Faculty Scholarship

No abstract provided.

Progress In The Fight Against Multidrug Resistant Bacteria?: A Review Of Fda-Approved Antibiotics 2010-2015, Dalia Deak, Kevin Outterson, John H. Powers, Aaron S. Kesselheim

Faculty Scholarship

A weak antibiotic pipeline and the increase in drug-resistant pathogens have led to calls for more new antibiotics. Eight new antibiotics were approved by the U.S. Food and Drug Administration (FDA) between January 2010 and December 2015: ceftaroline, fidaxomicin, bedaquiline, dalbavancin, tedizolid, oritavancin, ceftolozane-tazobactam, and ceftazidime-avibactam. This study evaluates the development course and pivotal trials of these antibiotics for their innovativeness, development process, documented patient outcomes, and cost. Data sources were FDA approval packages and databases (January 2010 to December 2015); the Red Book (Truven Health Analytics); Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations (FDA); and supplementary information …

Distinguishing Households From Families, Katharine B. Silbaugh

Faculty Scholarship

The study of the relationship between all families, whether marital or non-marital, and households, is underdeveloped, despite extensive study of the mismatch between family law, which is still focused on marriage and parenthood, and family practices. Often, in an effort to update the discourse, discussions of non-marital families seem to deploy households or living arrangements as a substitute classification in the place of the old marital family. This Article argues that we need to resist the tendency to substitute the idea of “household” when the boundaries of legal family fail us, because households are not necessarily familial, and because core …

Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas

Faculty Scholarship

In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism …

Funding Antibiotic Innovation With Vouchers: Recommendations On How To Strengthen A Flawed Incentive Policy, Kevin Outterson, Anthony Mcdonnell

Faculty Scholarship

A serious need to spur antibiotic innovation has arisen because of the lack of antibiotics to combat certain conditions and the overuse of other antibiotics leading to greater antibiotic resistance. In response to this need, proposals have been made to Congress to fund antibiotic research through a voucher program for new antibiotics, which would delay generic entry for any drug, even potential blockbuster lifesaving generics. We find this proposal to be inefficient, in part because of the mismatch between the private value of the voucher and the public value of the antibiotic innovation. However, vouchers have the political advantage in …

Patent Uncertainty: Toward A Framework With Applications, Keith N. Hylton

Faculty Scholarship

There are three essential sources of uncertainty in the patent system: perceived uncertainty due to selective sampling (“statistical artefact uncertainty”), inherent uncertainty, and strategic uncertainty. It is only the strategic uncertainty source that should be of concern to reformers. With respect to this source, uncertainty in the patent system is largely a function of two variables: the degree of inherent abstraction associated with the patent, and the degree to which the patent provides notice of its scope. The maximal degree of uncertainty is observed in the category of abstract patents with poor notice, a category dominated today by software patents. …

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …

Vaccines And Airline Travel: A Federal Role To Protect The Public Health, Christopher Robertson

Faculty Scholarship

This Article explores two ways in which airline travel is an important vector for the spread of infectious disease, and argues that airlines have market-based and liability-based reasons to require that passengers be vaccinated. Going further, the Article explores whether the federal government has the legal and constitutional authority — especially under the Commerce Clause — to encourage or mandate that airlines implement such a vaccine screen. By disrupting the spread of disease at key network nodes where individuals interact and then connect with other geographic regions, and by creating another incentive for adult vaccination, an airline vaccine screen could …

The Use Of Engineered Protein Materials In Electrochemical Devices, Julie N. Renner

Faculty Scholarship

Bioelectrochemical technologies have an important and growing role in healthcare, with applications in sensing and diagnostics, as well as the potential to be used as implantable power sources and be integrated with automated drug delivery systems. Challenges associated with enzyme-based electrodes include low current density and short functional lifetimes. Protein engineering is emerging as a powerful tool to overcome these issues. By taking advantage of the ability to precisely define protein sequences electrodes can be organized into high performing structures, and enable the next generation of medical devices.

Modrall Sperling Interviews Kevin Washburn About Indian Law And Returning To New Mexico, Kevin Washburn

Faculty Scholarship

Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico

A Self-Sufficient Nitrate Groundwater Remediation System: Geobacter Sulfurreducens Microbial Fuel Cell Fed By Hydrogen From A Water Electrolyzer, Julie N. Renner

Faculty Scholarship

Nitrate contamination of groundwater is a major problem, especially in farming areas where nitrogen-based fertilizers are used. Geobacter sulfurreducens electrodes were electrochemically evaluated for their ability to reduce nitrate with implications for groundwater remediation. G. sulfurreducens were optimized for nitrate reduction by modifying growth media during subculture. The Geobacter were then cast on Toray carbon paper electrodes and immobilized with pectin. Cyclic voltammetry demonstrated that the electrodes bioelectrocatalytically reduce nitrate with an onset potential of −0.25 V vs. SCE. Amperometry was used to evaluate nitrate concentrations between 0.5 and 270 mM. The limit of detection is 8 mM with a …