Digital Commons Network^™

The Unraveling Of The Federal Home Loan Banks, Kathryn Judge

Faculty Scholarship

The Federal Home Loan Bank system is a $1.3 trillion government-sponsored enterprise that operates primarily for the benefit of member financial institutions. Federal Home Loan Bank members enjoy generous dividends and ready access to fresh liquidity. The biggest beneficiaries are the biggest users of the system, including the largest banks and insurance companies in the country and banks facing financial distress. This essay explains the original aims of the Federal Home Loan Bank system, how the system fulfilled those aims quite successfully for decades following its creation in 1932 and how the system evolved to serve primarily private aims. By …

Annual Seqra Review: Project Applicants Winning More Cases, Michael B. Gerrard

Faculty Scholarship

New York courts are showing impatience with local governments that withhold or stretch out approval of projects without valid environmental grounds. In seven cases last year under the State Environmental Quality Review Act (SEQRA),courts overturned municipal actions that rejected projects or delayed approvals. In all, the courts decided 46 cases under SEQRA in 2023. Where the government agency had decided that an environmental impact statement (EIS) was not needed, that choice was upheld in 23 cases and overturned in eight. Where an EIS had been prepared, the EIS was upheld in 11 and found inadequate in only one. The remaining …

The States' Hodgepodge Of Physician Licensure Regulations, Tara Sklar, Christopher Robertson

Faculty Scholarship

The end of the federal COVID-19 public health emergency (PHE) on May 11, 2023, marked a pivotal shift in the landscape of telehealth regulation in the US. Kwan, Jolin, and Shachar analyze the implications of this transition by exposing inconsistencies in access to care. We agree that we now face a “convoluted patchwork of permanent and temporary changes to telehealth law and policy.”

Spontaneous Repolarization Alternans Causes Vt/Vf Rearrest That Is Suppressed By Preserving Gap Junctions, Kenneth R. Laurita, Joseph S. Piktel, Laken Irish, Michelle Nassal, Aurelia Cheng, Matthew Mccauley, Gary Pawlowski, Adrienne T. Dennis, Yi Suen, Soufian Almahameed, Ohad Ziv, Lance D. Wilson

Faculty Scholarship

Background: Ventricular tachycardia (VT)/ventricular fibrillation (VF) rearrest after successful resuscitation is common, and survival is poor. A mechanism of VT/VF, as demonstrated in ex vivo studies, is when repolarization alternans becomes spatially discordant (DIS ALT), which can be enhanced by impaired gap junctions (GJs). However, in vivo spontaneous DIS ALT–induced VT/VF has never been demonstrated, and the effects of GJ on DIS ALT and VT/VF rearrest are unknown. Objectives: This study aimed to determine whether spontaneous VT/VF rearrest induced by DIS ALT occurs in vivo, and if it can be suppressed by preserving Cx43-mediated GJ coupling and/or connectivity. Methods: We …

Expanding Time Covered For Medical Nutrition Therapy: A Need For Clear Reporting On The Intensity Of Nutrition Interventions, Rosa K. Hand

Faculty Scholarship

Medical Nutrition Therapy (MNT) is an evidence-based health care service that helps people improve their food and nutrition habits to positively influence health outcomes and quality of life, and is part of a suite of complementary interventions that can be implemented for effective disease prevention and management. However, the dose (ie, length and number of sessions) of MNT that is covered by health care payers in outpatient settings is highly variable and may not be adequate to achieve the desired clinical outcomes and cost savings. Interest in improving access to adequate doses of MNT provided by registered dietitian nutritionists (RDNs), …

Changes In Lean Body Mass With Glucagon-Like Peptide-1-Based Therapies And Mitigation Strategies, Ian J. Neeland

Faculty Scholarship

Weight loss induced by glucagon-like peptide-1 receptor agonists (GLP-1RAs) and dual glucagon-like peptide-1 receptor (GLP-1R)/glucose-dependent insulinotropic polypeptide receptor agonists is coming closer to the magnitudes achieved with surgery. However, with greater weight loss there is concern about potential side effects on muscle quantity (mass), health and function. There is heterogeneity in the reported effects of GLP-1-based therapies on lean mass changes in clinical trials: in some studies, reductions in lean mass range between 40% and 60% as a proportion of total weight lost, while other studies show lean mass reductions of approximately 15% or less of total weight lost. There …

Postnatal Corticosteroid Therapy In Bronchopulmonary Dysplasia - Why Animal Studies Disagree With Clinical Trials?, Anantha Harijith, Thomas M. Raffay, Rita M. Ryan

Faculty Scholarship

Abstract: The systematic review and meta-analysis of newborn animal models by Irene Lok et al. is the first to extensively summarize the literature regarding postnatal systemic corticosteroid use on lung development of newborn rodent models. The meta-analysis showed that the use of postnatal corticosteroids resulted in a reduction in body weight along with persistent alveolar simplification. The most frequently used corticosteroid was dexamethasone. Corticosteroids have been extensively used in clinical trials in preterm newborns. Trials using early systemic administration of corticosteroids reduced the rate of BPD or mortality with no increase in the rates of cerebral palsy. Use of late …

A Second Look: Local Labor Markets And The Impact Of Ban The Box Policies After Criminal Legal Involvement, Benjamin David Pyle

Faculty Scholarship

This paper estimates the impact of labor demand on the employment and recidivism outcomes of released prisoners. Higher labor demand at release generates higher earnings and lower recidivism. Reduced recidivism persists after controlling for the observed labor market outcomes of the returning cohort, suggesting that labor demand impacts crime through channels beyond the direct formal employment of returning prisoners. Difference-in-differences based evidence suggests Ban the Box (BTB) policies delaying when employers can ask about criminal records improve labor market outcomes and lower recidivism for misdemeanor defendants. Evidence for felony defendants and returning prisoners is mixed but suggestive of similar patterns.

The Effect Of Early Postnatal Auditory Stimulation On Outcomes In Preterm Infants, Juliann M. Di Fiore, Gloria Liu, Kenneth A. Loparo, Cynthia F. Bearer

Faculty Scholarship

Abstract: Preterm infants are deprived of in utero sensory stimulation during the third trimester, an important period of central nervous system development. As a result, maturational trajectories are often reduced in infants born preterm. One such system affected is the brain including the auditory and respiratory control pathways. During normal pregnancy the intrauterine environment attenuates external auditory stimuli while exposing the fetus to filtered maternal voice, intra-abdominal sounds, and external stimuli. In contrast, during the third trimester of development, preterm infants are exposed to a vastly different soundscape including non-attenuated auditory sounds and a lack of womb related stimuli, both …

Aso Author Reflections: Isolated Margin Positivity In Localized Pancreatic Ductal Adenocarcinoma And Operative Margin Revision, Lee M. Ocuin

Faculty Scholarship

No abstract provided.

To Revise Or Not Revise? Isolated Margin Positivity In Localized Pancreatic Ductal Adenocarcinoma, Victoria S. Wu, Henry J. Stitzel, John B. Ammori, Jeffrey Hardacre, Lee M. Ocuin

Faculty Scholarship

Background: The study determined the proportion of patients with pancreatic adenocarcinoma (PDAC) who had margin-positive disease and no other adverse pathologic findings (APF) using institutional and administrative datasets. Methods: Patients with clinical stage I or II PDAC in the National Cancer Database (NCDB 2010–2020) and those who underwent pancreatectomy at the authors’ institution (2010–2021) were identified. Isolated margin positivity (IMP) was defined as a positive surgical margin with no APF (negative nodes, no lymphovascular/perineural invasion). Results: The study included 225 patients from the authors’ institution and 23,598 patients from the NCDB. The margin-positive rates were 21.8% and 20.3%, and the …

Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, Michael Anderson, Adrian Towse, Kevin Outterson, Elias Mossialos

Faculty Scholarship

In June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and …

Appropriateness Of Care: Deep Venous Procedures, Karem C. Harth

Faculty Scholarship

In the past decade, technologies to treat venous pathologies have increased dramatically, to the benefit of an often underserved and overlooked population of patients with venous disease. However, given the rapid release of various technologies, including venous-dedicated stents and thrombectomy devices across varied venous pathologies, evidence-based guidelines have been slow to develop. When discussing appropriateness of care, one needs to consider optimal patient selection, technical approach, medical management, and surveillance protocols, to name a few. All of which, in the venous space, are currently widely varied in practice. The future of deep venous work is limitless, but multicenter, randomized controlled …

Differences In Perceived Energy And Macronutrient Requirements Across Divisions In Ncaa Athletes, K. Michelle Singleton, Andrew Jagim, Jamie Mcallister-Deitrick, Marcos Daou, Chad M. Kerksick

Faculty Scholarship

Background

Sports nutrition is an impactful component to sports performance. The purpose of the current study was to investigate the sports nutrition knowledge of National Collegiate Athletic Association collegiate athletes and assess self-reported perceived requirements for energy and macronutrient intake. A secondary aim was to evaluate the awareness of physical and emotional perceptions associated with mindful eating.

Methods

Participants included NCAA Division I (DI, n = 45), II (DII, n = 31), and III (DIII, n = 47) athletes. Athletes completed a validated questionnaire designed to assess sports nutrition knowledge and were asked questions about their perceived dietary energy and …

Supernatural Attributions For Extraordinary Events: Examining Cognitive And Contextual Predictors, Joshua A. Wilt, Julie J. Exline, Nick Stauner

Faculty Scholarship

Why do people make supernatural attributions (SA) for events? This article focused on five possible predictors: stressfulness, unusual events, religiousness, seeing a supernatural explanation as meaningful, and seeing supernatural entities as powerful. We also predicted that people would be more likely to adopt supernatural explanations seen as highly accessible, motivating, and plausible. We focused primarily on SA in general and secondarily on specific entities. We tested preregistered hypotheses using survey data in two samples of undergraduates: one reporting life-changing events (N = 594) and another reporting on an event with a supernatural air, or supernaturally perceived events (N = 475). …

Mri Measurement Of Cerebral Perfusion In Severe Congenital Heart Disease: Just The First Step, Kevin B. Kilgallon, Ira M. Cheifetz

Faculty Scholarship

Two questions on the mind of many parents of children with complex congenital heart disease (CHD) are: Will my child survive? And, how will their life be affected? As diagnostic procedures, along with medical and surgical treatments, for these infants have improved over the recent decades, more and more of these children are surviving into adolescence and adulthood. Despite these advances in care, children with complex CHD are at higher risk of neurodevelopmental disability (NDD) and decreased quality of life (QOL) compared to their peers without CHD.1,2

Shea Position Statement On Pandemic Preparedness For Policymakers: Building A Strong And Resilient Healthcare Workforce, Robin L.P. Jump

Faculty Scholarship

Throughout the COVID-19 pandemic, many areas in the United States experienced healthcare personnel (HCP) shortages tied to a variety of factors. Infection prevention programs, in particular, faced increasing workload demands with little opportunity to delegate tasks to others without specific infectious diseases or infection control expertise. Shortages of clinicians providing inpatient care to critically ill patients during the early phase of the pandemic were multifactorial, largely attributed to increasing demands on hospitals to provide care to patients hospitalized with COVID-19 and furloughs.¹ HCP shortages and challenges during later surges, including the Omicron variant-associated surges, were largely attributed to HCP …

Shea Position Statement On Pandemic Preparedness For Policymakers: Introduction And Overview, Robin L.P. Jump

Faculty Scholarship

Throughout history, pandemics and their aftereffects have spurred society to make substantial improvements in healthcare. After the Black Death in 14th century Europe, changes were made to elevate standards of care and nutrition that resulted in improved life expectancy.1 The 1918 influenza pandemic spurred a movement that emphasized public health surveillance and detection of future outbreaks and eventually led to the creation of the World Health Organization Global Influenza Surveillance Network.2 In the present, the COVID-19 pandemic exposed many of the pre-existing problems within the US healthcare system, which included (1) a lack of capacity to manage a large influx …

Excess Prevalence Of Preexisting Chronic Conditions In Older Adults With Incident Epilepsy, Siran M. Koroukian, Hannah L. Fein, Long Vu, Wyatt P. Bensken, Nicholas K. Schiltz, Martha Sajatovic

Faculty Scholarship

Objective: Prior studies have examined chronic conditions in older adults with prevalent epilepsy, but rarely among those with incident epilepsy. Identifying the chronic conditions with which older adults present at epilepsy incidence assists with the evaluation of disease burden in this patient population and informs coordinated care development. The aim of this study was to identify preexisting chronic conditions with excess prevalence in older adults with incident epilepsy compared to those without. Methods: Using a random sample of 4 999 999 fee-for-service Medicare beneficiaries aged >65 years, we conducted a retrospective cohort study of epilepsy incidence in 2019. Non-Hispanic Black …

Excess Prevalence Of Preexisting Chronic Conditions In Older Adults With Incident Epilepsy, Siran M. Koroukian, Hannah L. Fein, Long Vu, Wyatt P. Bensken, Nicholas K. Schiltz, Martha Sajatovic

Faculty Scholarship

Objective: Prior studies have examined chronic conditions in older adults with prevalent epilepsy, but rarely among those with incident epilepsy. Identifying the chronic conditions with which older adults present at epilepsy incidence assists with the evaluation of disease burden in this patient population and informs coordinated care development. The aim of this study was to identify preexisting chronic conditions with excess prevalence in older adults with incident epilepsy compared to those without. Methods: Using a random sample of 4 999 999 fee-for-service Medicare beneficiaries aged >65 years, we conducted a retrospective cohort study of epilepsy incidence in 2019. Non-Hispanic Black …

Predictive Power Of Machine Learning Models On Degree Completion Among Adult Learners, Emily Barnes, James Hutson, Karriem Perry

Faculty Scholarship

The integration of machine learning (ML) into higher education has been recognized as a transformative force for adult learners, a growing demographic facing unique educational challenges. This study evaluates the predictive power of three ML models—Random Forest, Gradient-Boosting Machine, and Decision Trees—in forecasting degree completion among this group. Utilizing a dataset from the academic years 2013-14 to 2021-22, which includes demographic and academic performance metrics, the study employs accuracy, precision, recall, and F1 score to assess the efficacy of these models. The results indicate that the Gradient-Boosting Machine model outperforms others in predicting degree completion, suggesting that ML can significantly …

Strategic Integration Of Ai In Higher Education And Industry: The Ai8-Point Model, Emily Barnes, James Hutson

Faculty Scholarship

The AI8-Point Model, derived from extensive experience in technology, AI, and higher education administration, addresses the critical need for cost-effective, high-impact strategies tailored to higher education. Despite the transformative potential of AI in enhancing student engagement, optimizing processes, and improving educational outcomes, institutions often struggle with practical implementation. The AI8-Point Model fills this gap by offering strategies that balance cost and impact. Visualized as a circle divided into four quadrants, the model encompasses phases of student engagement and institutional interaction: pre-enrollment beyond institutional control, pre-enrollment within institutional control, post-enrollment within institutional control, and post-enrollment beyond institutional control. Each quadrant contains …

The Making Of Presidential Administration, Ashraf Ahmed, Lev Menand, Noah Rosenblum

Faculty Scholarship

Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and the legal academy. But it was not always so. For most of American history — indeed until relatively recently — Presidents derived their authority over the administrative state largely from statute. Any role for the White House in agency rulemaking or adjudication had to be legally specified. Scholars mostly agree about when this change occurred. But the dominant shared narrative — exemplified by then-Professor Elena Kagan’s seminal article Presidential Administration — is Whig history. It offers a …

D-Hacking, Emily Black, Talia B. Gillis, Zara Hall

Faculty Scholarship

Recent regulatory efforts, including Executive Order 14110 and the AI Bill of Rights, have focused on mitigating discrimination in AI systems through novel and traditional application of anti-discrimination laws. While these initiatives rightly emphasize fairness testing and mitigation, we argue that they pay insufficient attention to robust bias measurement and mitigation — and that without doing so, the frameworks cannot effectively achieve the goal of reducing discrimination in deployed AI models. This oversight is particularly concerning given the instability and brittleness of current algorithmic bias mitigation and fairness optimization methods, as highlighted by growing evidence in the algorithmic fairness literature. …

Gateway And Non-Gateway Issues In The Enforcement Of Agreements To Arbitrate, George A. Bermann

Faculty Scholarship

Far greater attention is given in literature on international arbitration to limitations on the enforceability of arbitral awards than on the enforceability of agreements to arbitrate. This chapter seeks to redress the balance. While rulings on the enforceability of an award is incontrovertibly within the jurisdiction of the court asked to enforce the award, authority to determine the enforceability of an arbitration agreement is allocated between courts and arbitral tribunals themselves. The chapter seeks to determine which defenses to enforcement of arbitration agreements may be lodged before a court ("gateway issues") and which are necessarily reserved to the tribunal ("non-gateway …

Opening Dialogue, Lee C. Bollinger, Geoffrey R. Stone

Faculty Scholarship

To set the stage for the excellent essays that make up this volume on the future of free speech, let’s begin where we often do when thinking together about the First Amendment: with some basic facts and fundamental observations about the constitutional command that “Congress shall make no law ... abridging the freedom of speech, or of the press.”

Of course, in the United States, “free speech” is not only part of the constitutional Bill of Rights; it is also a cultural and social norm by which we choose to live. Several of the essays in this volume therefore take …

Rays Of Hope For The Administrative State, Peter L. Strauss

Faculty Scholarship

The assault on Chevron has not yet been resolved, but it is next to impossible to believe that the sensible Justices of the Court will go any further than to reaffirm that deciding questions of the scope of agency authority is exclusively for judicial resolution (though perhaps with Skidmore-like attention to the views of the agency, so much more familiar with its statutes as a whole). This was the position clearly taken by the Court in 1940, in United States v. American Trucking Ass’ns., and to go beyond it into decision, rather than review, of agency judgments would …

Adoption As Substitute For Abortion?, Malinda L. Seymore

Faculty Scholarship

In Dobbs v. Jackson Women’s Health, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected: “States have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously; and that a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement; but it is often embraced by pro-choice advocates as well. This position is supportable only if the …

The Subfederal In Immigration Polarization, Huyen Pham, Pham Hoang Van

Faculty Scholarship

The framing of subfederal immigration regulation as a red- blue divide is conventional wisdom. As more states, cities, and counties have engaged in the regulation of immigrants within their jurisdictions, it is not particularly surprising to see deep-red states like Texas enacting laws that restrict the rights of immigrants in their jurisdictions (e.g., requiring police within the state to honor detainers issued by United States Immigration and Customs Enforcement (ICE)) or deep-blue states like California enacting laws that protect immigrants’ rights (e.g., issuing driver’s licenses without requiring proof of lawful immigration status).

Rather than only reflecting national polarization on immigration …

Breaking Down Siloes And Building Up Students: The Transformational Possibilities Of Professional Identity Formation, Lindsey P. Gustafson, Aric K. Short, Robin Thorner

Faculty Scholarship

Under the ABA’s sequenced approach to implementation of Standard 303(b)(3), schools should now have developed plans for providing opportunities for professional identity formation and should be implementing them. These plans must provide students with an “intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice.” In addition, these plans should provide for frequent opportunities for development, “during each year of law school and in a variety of courses and co-curricular and professional development activities.”

Because Standard 303(b)(3) is necessarily tied to the unique character, existing
structures, and available resources of a law school, each …