Digital Commons Network^™

Completing Icwa’S History, Joshua Gupta-Kagan

Faculty Scholarship

When the Supreme Court, in Brackeen v. Haaland, upheld the Indian Child Welfare Act (ICWA) — federal legislation making it harder for child family regulation (a.k.a. child protection) agencies to separate Indigenous children from their parents — it centered Congress’s effort to remedy a long history of unwarranted separations of Indigenous families.

Decriminalization Matters: Lgbtq Transnational Litigation Networks And Movement Lawyering In The Global South, Ayodeji Kamau Perrin

Faculty Scholarship

In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South—the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial decriminalization nor the countermobilization and backlash to decriminalization has attracted the attention that these phenomena deserve from doctrinal legal scholars, comparative and international law scholars, or legal mobilization scholars.

In this paper, I help to remedy this oversight by making three contributions to legal mobilization scholarship and to international law and relations scholarship. …

Antitrust & The Immoral Energy Economy, Kristen Van De Biezendos

Faculty Scholarship

The age of climate change is upon us, but regulations and programs intended to decarbonize the electricity sector have been effectively stymied by utilities defending their monopoly power. The lack of robust antitrust enforcement against the utilities to date is a result of the belief that regulation is sufficient to police monopoly anticompetitive activity, that the natural monopoly structure of utilities makes them a poor fit for antitrust principles, and that the utilities are immune from Sherman Act claims under the state action exemption. But both rationales reflect a misunderstanding of the purpose of public utility law and its preference …

Expanding Health Insurance For Formerly Incarcerated People, Benjamin Barsky, James R. Jolin, Meredith B. Rosenthal

Faculty Scholarship

No abstract provided.

A Comprehensive Quality Improvement Program To Improve Intubation Performance In Critical Care Transport, Andrew P. Reimer

Faculty Scholarship

Objective: Advanced airway management is a primary skill critical care transport teams provide. There are several measures of performance for airway management that can be tracked and improved through quality improvement initiatives. The purpose of this project was to improve first-pass intubation success rates and the associated Definitive Airway Sans Hypoxia/Hypotension on First Attempt (DASH-1A) metric—definitive airway without hypoxia or hypotension. Methods: A multiyear quality improvement initiative was undertaken. Best practices from the literature were identified and implemented through the Institute for Healthcare Improvement Model for Improvement using a plan-do-study-act cycle approach. Improvement cycles included airway training in a cadaver …

The Association Between County-Level Social Determinants Of Health And Cardio-Kidney-Metabolic Disease Attributed All-Cause Mortality In The Us: A Cross Sectional Analysis, Antoinette Cotton, Pedro Rvo Salerno, Salil V. Deo, Ian Neeland, Sanjay Rajagopalan, Sadeer G. Al-Kindi, Yakov E. Elgudin

Faculty Scholarship

Background: The American Heart Association recently defined cardio-kidney-metabolic (CKM) syndrome as the intersection between metabolic, renal, and cardiovascular disease. Understanding the contemporary estimates of CKM related mortality in the US is essential for developing targeted public interventions. Methods: We analyzed state-level and county-level CKM-associated all-cause mortality data (2010-2019) from the CDC Wide-ranging Online Data for Epidemiologic Research (WONDER). Median and interquartile (IQR) age-adjusted mortality rates (aaMR) per 100,000 were reported and linked with a multi-component metric for social deprivation: the Social Deprivation Index (SDI: range 0 - 100) grouped as: I: 0 – 25, II: 26 – 50, III: 51 …

Neighborhood Social Processes And Adolescents' Depressive Symptoms: The Intervening Role Of Neighborhood Self-Efficacy, Kristen A. Berg

Faculty Scholarship

Via observational data from the Project on Human Development in Chicago Neighborhoods collected between 1994 and 2001, this study examined the degree to which neighborhood disorder, collective efficacy, and youth-centered institutional resources are directly associated with adolescents' depressive symptoms across time, and the mediating role of adolescents'neighborhood self-efficacy. Latent variable structural equation models were estimated among an unweighted representative sample of 1448 adolescents (59% male, mean age 15.19), across 79 neighborhoods in Chicago, to examine the direct effects of neighborhood disorder, collective efficacy, and availability of youth-centered resources at baseline (measured at timepoint 1; reported by an independent sample of …

Perceptions And Practices Of Imaging Personnel And Physicians Regarding The Use Of Brain Mri For Dementia Diagnosis In Uganda, Stephen E. Jones, Martha Sajatovic

Faculty Scholarship

Introduction Diagnosing dementia remains challenging in low-income settings due to limited diagnostic options and the absence of definitive biomarkers. The use of brain MRI in the diagnosis of dementia is infrequent in Uganda, and even when it is used, subtle findings like mild regional atrophy are often overlooked, despite being crucial for imaging diagnosis. Objective The purpose of this study was to explore the perceptions and practices of imaging personnel and physicians regarding the use of brain MRI as a diagnostic approach for dementia in Uganda. Methods This was an exploratory qualitative study involving radiologists, technologists, senior house officers and …

Alpha Synuclein And Inflammaging, Geneviève L. Putnam, Robert W. Maitta

Faculty Scholarship

The α-synuclein protein is an established molecule in Lewy body pathology, especially Parkinson's disease (PD). While the pathological role of α-synuclein (α-syn) in PD has been well described, novel evidence may suggest that α-syn interacts with inflammasomes in response to aging. As age is an inevitable physiological state and is also considered the greatest risk factor for PD, this calls for investigation into how α-syn, aging, and PD could be linked. There is a growing amount of data regarding α-syn normal function in the body that includes involvement in cellular transport such as protein complexes assembly, vesicular trafficking, neurotransmitter release, …

How Are You Doing… Really? A Review Of Whole Person Health Assessments, Kurt C. Stange

Faculty Scholarship

Policy Points A redirection of measurement in health care from a narrow focus on diseases and care processes towards assessing whole person health, as perceived by the person themself, may provide a galvanizing view of how health care can best meet the needs of people and help patients feel heard, seen, and understood by their care team. This review identifies key tensions to navigate as well as four overarching categories of whole person health for consideration in developing an instrument optimized for clinical practice. The categories (body and mind, relationships, living environment and finances, and engagement in daily life) include …

Alzheimer’S Disease: Relationship Of Cognition And Behavior To Neurochemistry, Peter J. Whitehouse

Faculty Scholarship

Alzheimer’s disease is characterized by loss of cells and synapses in specific neural systems. The development of more effective therapies will depend on understanding the relationships between this pathology and the cognitive and behavioral impairments. In this review, focusing primarily on work in our laboratory, we will examine both classic and neuropeptide neurotransmitter systems and will discuss conceptual and methodological problems in relating clinical and biological measures.

Building Toward Population Reserve And A Critical Positive Psychiatry, Peter J. Whitehouse

Faculty Scholarship

No abstract provided.

Melanoma Detection, Treatment, Survival, And Mortality Through Year 2 Of The Pandemic, Uriel Kim, Richard S. Hoehn, Siran M. Koroukian, Johnie Rose, Jeremy S. Bordeaux, Bryan T. Carroll

Faculty Scholarship

The COVID-19 pandemic affected the timely diagnosis and treatment of many cancers, including melanoma, the fifth most common cancer in the U.S. This study aimed to quantify the disruption and recovery of melanoma detection, treatment, survival, and mortality during the pandemic by analyzing data from the Surveillance, Epidemiology, and End Results (SEER) program from 2000 to 2021. Our epidemiological analysis found that melanoma incidence initially dropped by 14.8% (95% CI: − 17.2 to − 12.4) in 2020 compared to pre-pandemic projections. Although incidence rates substantially recovered by 2021, an estimated 10,274 patients (95% CI: − 12,824 to − 7,724) remained …

Community Integration Of People With Disabilities A Quarter Century After Olmstead V. L.C., Michael Ashley Stein, Benjamin Barsky, Lisa I. Iezzoni

Faculty Scholarship

No abstract provided.

Effect Of Cariprazine On Outcomes In Older-Aged And Younger-Aged Patients With Bipolar I Disorder: A Post-Hoc Analysis, Martha Sajatovic

Faculty Scholarship

Objectives: To evaluate cariprazine in adults with older- and younger-age bipolar I disorder (OABD-I and YABD-I) and compare treatment effects between them. Design and setting: Pooled post-hoc analysis of studies in depressive or acute manic/mixed episodes associated with bipolar I disorder. Participants: 475/1383 patients (34.3%) in 3 depression trials and 238/1037 patients (23.0%) in 3 manic/mixed trials were OABD-I. Interventions: Depression: placebo, cariprazine 1.5 mg/day, 3.0 mg/day, pooled 1.5-3.0 mg/day. Manic/mixed: placebo, cariprazine 3.0-6.0 mg/day, and 9.0-12.0 mg/day. Measurements: Montgomery-Åsberg Depression Rating Scale (MADRS), Clinical Global Impression of Severity (CGI-S), and Young Mania Rating Scale (YMRS). Results: In bipolar I …

Interference With The Democratic Process As Public Nuisance, Richard C. Boldt, Donald G. Gifford

Faculty Scholarship

This Article argues that the tort of public nuisance provides a vehicle for holding accountable those engaged in antidemocratic conduct. Recent history suggests that neither the criminal justice system nor Constitutional checks and balances are always up to the task. Following the 2020 election, some supporters of President Trump stormed the Capitol to prevent the counting of the electoral votes, tampered with election machines, and intimidated election workers and voters. Depending on the results of the 2024 election, criminal charges against Trump and some of his followers may be dismissed. The Senate failed to convict the President on articles of …

Pushing Boundaries, Paula A. Monopoli

Faculty Scholarship

This essay was originally published in Balkinization as part of an online symposium and it is reprinted with permission. The essay engages with Julie Suk's book, After Misogyny: How the Law Fails Women and What to Do About It. It suggests that feminist legal scholars have been considering their intellectual options in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. In After Misogyny, Professor Suk offers a conceptual path forward in a post-Dobbs world. Suk’s trenchant analysis of the failure of law to render substantive gender equality and her …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Joan O'Sullivan, Ellen A. Callegary, Rebecca Hall, James F. Silver

Faculty Scholarship

No abstract provided.

Critical Constitutional Law And The Alito Palimpsest, William J. Aceves

Faculty Scholarship

This article uses an innovative metaphor—the palimpsest—and a provocative philosophical tradition—genealogy—to generate a new theory of critical constitutional law. It is a theory born from this unique moment in time.

Originalism is now ascendant at the Supreme Court. Its search for essential origins in history as a method for grounding extant constitutional values was used in Dobbs v. Jackson Women’s Health Organization to end recognition of the fundamental right to abortion. The Court’s conservative majority has made clear that Dobbs is only the beginning.

Critical constitutional law uses the metaphor of the palimpsest to study law and the search for …

(Non)Police Brutality, Shawn E. Fields

Faculty Scholarship

Local governments increasingly rely on unarmed, nonpolice experts to provide public safety services. In response to demands to reduce police violence, many municipalities have empowered paramedics, mental health counselors, social workers, and homeless outreach personnel, to triage health and safety issues without police involvement. Pilot programs reallocating police funds to these alternate responders appear to reduce arrest rates and rates of police violence. But they have not eliminated acts of violence committed by these nonpolice actors themselves. Shocking stories of paramedics chemically sedating motionless patients to death, social workers assaulting clients, and homelessness response units brutally dispersing unhoused persons after …

Determinants Of Socially Responsible Ai Governance, Daryl Lim

Faculty Scholarship

The signing of the first international AI treaty by the United States, European Union, and other nations marks a pivotal step in establishing a global framework for AI governance, ensuring that AI systems respect human rights, democracy, and the rule of law. This article advances the concepts of justice, equity, and the rule of law as yardsticks of socially responsible AI—from development through deployment—to ensure that AI technologies do not exacerbate existing inequalities but actively promote fairness and inclusivity. Part I explores AI’s potential to improve access to justice for marginalized communities and small and medium-sized law firms while scrutinizing …

The Invention Of The Judicial Administrative State, Marin K. Levy

Faculty Scholarship

No abstract provided.

The Social Cost Of Plastic To The United States, Nancy Lauer, Tibor Vegh, Michelle Nowlin, John Virdin, Jason Somarelli

Faculty Scholarship

No abstract provided.

Automating International Human Rights Adjudication, Veronika Fikfak, Laurence R. Helfer

Faculty Scholarship

International human rights courts and treaty bodies are increasingly turning to automated decision-making (“ADM”) technologies to expedite and enhance their review of individual complaints. These tribunals have yet to consider many of the legal, normative, and practical issues raised by the use of different types of automation technologies for these purposes. This article offers a comprehensive and balanced assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We argue in favor of using ADM to digitize documents and for internal case management purposes and to make straightforward recommendations regarding registration, inadmissibility, and the calculation of …

Interplanetary Risk Regulation, Jonathan B. Wiener, Charles (Chase) Hamilton

Faculty Scholarship

Space exploration promises new opportunities but also new risks. After centuries of national settlements and international conflicts on Earth, and the Cold War era of two great power states racing to the Moon, today we see a rapidly proliferating arena of actors, both governmental and non-governmental, undertaking bold new ventures off-Earth while posing an array of new risks. These multiple activities, actors, and risks raise the prospects of regulatory gaps, costs, conflicts, and complexities that warrant reconsideration and renovation of legacy legal regimes such as the international space law agreements. New approaches are needed, beyond current national and international law, …

When Lsat Doesn't Matter And Other Surprising Finds From A Deep Dive Into Academic Probation In Law School, Kari Milligan, Ryan Jerome Lecount

Faculty Scholarship

Numerous students nationwide are placed on academic probation and ultimately dismissed from law school each year. While students often carefully conceal their probationary status, their lack of visibility within legal communities should not be mistaken for an absence of need. These students are frequently uniquely vulnerable—facing unexpected family emergencies or entering law school unprepared. The consequences of dismissal are dire, with students experiencing adverse mental health effects and financial exigencies. During the 2023–2024 academic year alone, tuition and fees for a single year of law school ranged from $30,000 to $48,000. Yet, little research—particularly quantitative—has been conducted in service of …

Deep And Continuous Palliative Sedation Without Artificial Nutrition And Hydration: An International Review, Richard Liu, Thaddeus Pope, April Xiaoyi Xu

Faculty Scholarship

Deep and continuous palliative sedation combined with withholding or withdrawal of artificial nutrition and hydration (collectively termed “PSs̄ANH”) is a medical process regularly used in end-of-life care as a means of alleviating suffering. But PSs̄ANH is often not governed by a clear legal framework. To shed light on different approaches to regulating PSs̄ANH, this Article conducts a comparative analysis of the PSs̄ANH legality across twelve jurisdictions.

To facilitate understanding of this broad issue, we subdivided PSs̄ANH into three categories:

(1) PSs̄ANH will not hasten death (“Type 1 PSs̄ANH”),
(2) PSs̄ANH might, but is not certain to, hasten death (“Type 2 …

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Pope

Faculty Scholarship

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

Universal Public Defense, Alexis Hoag-Fordjour

Faculty Scholarship

No abstract provided.

International Society Of Sports Nutrition Position Stand: Long-Chain Omega-3 Polyunsaturated Fatty Acids, Ralf Jäger, Jeffrey L. Heilson, Sidney Abou Sawan, Broderick L. Dickerson, Megan Leonard, Richard B. Kreider, Chad M. Kerksick, Stephen M. Cornish, Darren G. Candow, Dean M. Cordingley, Scott C. Forbes, Grant M. Tinsley, Tindaro Bongiovanni, Roberto Cannataro, Bill I. Campbell, Shawn M. Arent, Jeffrey R. Stout, Douglas S. Kalman, Jose Antonio

Faculty Scholarship

Position Statement: The International Society of Sports Nutrition (ISSN) presents this position based on a critical examination of the literature surrounding the effects of long-chain omega-3 polyunsaturated fatty acid (ω-3 PUFA) supplementation on exercise performance, recovery, and brain health. This position stand is intended to provide a scientific foundation for athletes, dietitians, trainers, and other practitioners regarding the effects of supplemental ω-3 PUFA in healthy and athletic populations. The following conclusions represent the official position of the ISSN:

1. Athletes may be at a higher risk for ω-3 PUFA insufficiency.

2. Diets rich in ω-3 PUFA, including supplements, are effective strategies …

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