Digital Commons Network^™

Federalism, Leadership, And Covid-19: Evolving Lessons For The Public’S Health, Nicole Huberfeld

Faculty Scholarship

The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies …

Populist Constitutionalism, Anya Bernstein, Glen Staszewski

Faculty Scholarship

A Supreme Court majority has expressed hostility to administrative agencies. Yet, as this Article explains, agencies provide the primary site in our government for pluralistic contestation among disparate policy views. A political vision we identify as agonistic republicanism—a convergence among deliberative democrats, republican theorists, and agonism supporters—places such multilateral deliberation and debate among differing social groups at the foundation of democracy. A contrary vision, authoritarian populism, imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent perspectives. This view, prominent in politics, enters legal theory through the rhetoric of judicial …

Movement On Removal: An Emerging Consensus On The First Congress, Jed Shugerman

Faculty Scholarship

What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.

Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?

The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …

Perceptions And Barriers To Adopting Artificial Intelligence In K-12 Education: A Survey Of Educators In Fifty States, Karen Woodruff, James Hutson, Kathryn Arnone

Faculty Scholarship

Artificial Intelligence (AI) is making significant strides in the field of education, offering new opportunities for personalized learning and access to education for a more diverse population. Despite this potential, the adoption of AI in K-12 education is limited, and educators’ express hesitancy towards its integration due to perceived technological barriers and misconceptions. The purpose of this study is to examine the perceptions of K-12 educators in all 50 states of the USA towards AI, policies, training, and resources related to technology and AI, their comfort with technology, willingness to adopt new technologies for classroom instruction, and needs assessment for …

Thermoresponsive Polymers With Lcst Transition: Synthesis, Characterization, And Their Impact On Biomedical Frontiers, Yichun Yuan, Konpal Raheja, Nathalie B. Milbrandt, Sophia Beilharz, Steffy Tene, Solomon Oshabaheebwa, Umut A. Gurkan, Anna Cristina S. Samia, Metin Karayilan

Faculty Scholarship

Advances in thermoresponsive materials have significantly impacted many biomedical fields. The unique behavior of reversible phase transition close to the physiological temperatures makes these types of materials a great candidate for a wide variety of biomedical applications including bioimaging, biosensing, injectables, smart surfaces, adhesives, biomanufacturing, and tissue engineering. Thermoresponsive behavior, mainly lower critical solution temperature (LCST) can be easily tuned by shifting the balance between hydrophobicity and hydrophilicity (e.g., by using comonomers or changing end groups) and modifying the molecular weight and architecture of the polymer. Hence, synthetic and characterization tools are critical in tailoring and precisely determining these properties. …

Measuring Galaxy Cluster Mass Profiles Into The Low-Acceleration Regime With Galaxy Kinematics, Pengfei Li, Stacy S. Mcgaugh

Faculty Scholarship

We probed the dynamical mass profiles of ten galaxy clusters from the HIghest X-ray FLUx Galaxy Cluster Sample (HIFLUGCS) using galaxy kinematics. We numerically solved the spherical Jeans equation and parameterize the dynamical mass profile and the galaxy velocity anisotropy profile using two general functions to ensure that our results are not biased toward any specific model. The mass-velocity anisotropy degeneracy is ameliorated by using two virial shape parameters that depend on the fourth moment of velocity distribution. The resulting velocity anisotropy estimates consistently show a nearly isotropic distribution in the inner regions, with an increasing radial anisotropy toward large …

Aether Scalar Tensor Theory Confronted With Weak Lensing Data At Small Accelerations, Tobias Mistele, Stacy S. Mcgaugh

Faculty Scholarship

Context. The recently proposed aether scalar tensor (AeST) model reproduces both the successes of particle dark matter on cosmological scales and those of modified Newtonian dynamics (MOND) on galactic scales. But the AeST model reproduces MOND only up to a certain maximum galactocentric radius. Since MOND is known to fit very well to observations at these scales, this raises the question of whether the AeST model comes into tension with data. Aims. We tested whether or not the AeST model is in conflict with observations using a recent analysis of data for weak gravitational lensing. Methods. We solved the equations …

Community Members’ Experiences Training As Medical Journal Reviewers, Jeri Jewett-Tennant, Kurt C. Stange, Ashwini R. Sehgal

Faculty Scholarship

Purpose: Although medical research dissemination is intended to benefit members of society, few members of society actually participate in the process of publishing findings. This study shares findings from community members’ (including patients and the public) experiences being trained as medical journal reviewers. Methods: We analyzed findings from two focus group interviews of community reviewers (N = 29) to identify themes in their experiences with the training program. Results: Community members trained as journal reviewers appreciated learning the context under which manuscript development and review occur from authors and funders, the value of the community member perspectives to science, and …

A Novel Approach To Legacy Donations With Long-Term Benefits Supported By Mathematical Analysis, Daniel Solow, Robin Symes

Faculty Scholarship

A novel approach to legacy donations, called the “Master Fund Strategy,” is proposed. Potential long-term financial benefits for both donor and nonprofit organizations (NPOs) when compared to a “Traditional Fund Strategy” are established through mathematical analysis and computer simulations, providing nonprofit marketing and fundraising professionals an alternative way to lock in bequest funding. In particular, formulas are developed for computing relevant financial quantities associated with the two strategies. Conditions are presented under which the Master Fund Strategy is better than the Traditional Fund Strategy, in the sense that there is a point in time when the net present value of …

Polyethylene Glycol-Mediated Directional Conjugation Of Biological Molecules For Enhanced Immunoassays At The Point-Of-Care, Dheerendranath Battalapalli, Purbali Chakraborty, Disha Jain, Umut A. Gurkan, Robert A. Bonomo, Mohamed S. Draz

Faculty Scholarship

Rapid and reliable point-of-care (POC) diagnostic tests can have a significant impact on global health. One of the most common approaches for developing POC systems is the use of target-specific biomolecules. However, the conjugation of biomolecules can result in decreased activity, which may compromise the analytical performance and accuracy of the developed systems. To overcome this challenge, we present a polymer-based cross-linking protocol for controlled and directed conjugation of biological molecules. Our protocol utilizes a bifunctional thiol-polyethylene glycol (PEG)-hydrazide polymer to enable site-directed conjugation of IgG antibodies to the surface of screen-printed metal electrodes. The metal surface of the electrodes …

Prescribed Fire Use Among Black Landowners In The Red Hills Region, Usa, Cynthia Twyford Fowler, La’ Portia J. Perkins, Adam Coates, J. Kevin Hiers, Seth W. Bigelow

Faculty Scholarship

The Red Hills Region of southern Alabama, northern Florida, and southwestern Georgia is one of the most prominent areas in the United States for conducting prescribed fire research and is the birthplace of fire ecology. The culture of prescribed burning in the Red Hills has been influenced by multiple ethnic groups, including the Seminole and Creek nations, Black landowners, and White researchers. Given the distinctive reliance of the region on prescribed fire, it is noteworthy that the combined issues of Black land loss, underrepresentation, and incentives for using prescribed fire on private lands in the southeastern United States have generated …

Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell

Faculty Scholarship

Part I of this article begins by discussing some fundamental constitutional principles that were raised, sometimes implicitly and indirectly, in the Chenery cases. Those principles point to limits on administrative adjudication that go well beyond those recognized in current doctrine. We do not here seek to push those principles as far as they can go, though we offer no resistance to anyone who wants to trod that path. Instead, we identify and raise those principles to help understand the scope and limits of actual doctrine. Our modest claims here are that constitutional concerns about at least some classes of agency …

The Unfulfilled Promise Of Self-Determination In Court-Connected Mediation, Peter Reilly

Faculty Scholarship

In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: “Should the mediation be conducted in-person, or virtually?” The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, these …

Neuroaffirmative Approaches To Extended Reality: Empowering Individuals With Autism Spectrum Condition Through Immersive Learning Environments, James Hutson, Caitlyn Mcginley

Faculty Scholarship

Traditional teaching and working environments often prioritize extroverted qualities, disadvantaging individuals with conditions that impact social engagement, such as autism spectrum condition (ASC). These individuals usually thrive in calmer, low-key learning environments but face challenges in lecture-style classes, and traditional office environments leading to marginalization in academic and professional settings. This study explores the neuroaffirming potential of extended reality (XR) in creating immersive learning and working environments tailored to the unique needs of individuals with ASC. By focusing on four key factors—indirect social engagement, digital communication preferences, sensory sensitivity, and avatar-based communication—XR technologies can provide a supportive and accommodating environment …

Sex Differences In Resting Metabolic Rate Among Athletes And Association With Body Composition Parameters: A Follow-Up Investigation, Andrew R. Jagim, Margaret T. Jones, Andrew T. Askow, Joel Luedke, Jacob L. Erickson, Jennifer B. Fields, Chad Kerksick

Faculty Scholarship

The purpose of this study was to examine sex differences in resting metabolic rate (RMR) and associations between measured RMR and body composition parameters in athletes. One-hundred and ninety collegiate men (n = 98; age: 20.1 ± 1.6 yr.; body mass: 92.7 ± 17.5 kg; height: 181.6 ± 6.2 cm, body mass index: 28.0 ± 4.7 kg/m2) and women (n = 92; age: 19.4 ± 1.1 yr.; body mass: 65.2 ± 11.0 kg; height: 168.0 ± 6.6 cm, body mass index: 23.0 ± 3.6 kg/m2) athletes volunteered to participate in this study. Athletes completed a body composition assessment using air …

A Randomized Controlled Trial To Examine The Impact Of A Multi-Strain Probiotic On Self-Reported Indicators Of Depression, Anxiety, Mood, And Associated Biomarkers, Kylie E. Walden, Jessica M. Moon, Anthony M. Hagele, Leah E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Petey W. Mumford, Marco Pane, Chad M. Kerksick

Faculty Scholarship

Objective: To examine the efficacy of supplementing with a multi-strain probiotic (MSP) on changes associated with mood, anxiety, and neurotransmitter levels.

Method: In a randomized, double-blind, placebo-controlled fashion, 70 healthy men and women (31.0  ±  9.5  years, 173.0  ±  10.4  cm, 73.9  ±  13.8  kg, 24.6  ±  3.5  kg/m2 ) supplemented with a single capsule of MSP (a total daily dose of 4 × 109 colony forming units [CFU] comprised of a 1 × 109   CFU dose from each of the following strains: Limosilactobacillus fermentum LF16, Lacticaseibacillus rhamnosus LR06, Lactiplantibacillus plantarum LP01, and Bifidobacterium longum 04, Probiotical S.p.A., Novara, …

Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose

Faculty Scholarship

Good judges are clear writers. And clear writers avoid legal clutter. Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions, concurring opinions are legal asides, musings of sorts—often by a single judge—that add length and confusion to an opinion often without adding meaningful value. Concurring opinions do not change the outcome of a case. Unlike dissenting opinions, they do not claim disagreement with the ultimate decision. Instead, concurring opinions merely offer an idea or viewpoint that failed …

Brief For Petitioner, Muldrow V. City Of St. Louis, Missouri, Madeline H. Meth, Brian Wolfman

Faculty Scholarship

Title VII prohibits an employer from discriminating against an employee because of her race, color, religion, sex, or national origin. Its core antidiscrimination provision, Section 703(a)(1), protects individuals not only from discriminatory hiring, firing, or compensation but also from discrimination with respect to their “terms, conditions, or privileges” of employment. 42 U.S.C. § 2000e2(a)(1). Petitioner Jatonya Clayborn Muldrow maintains that her employer, the City of St. Louis Police Department, discriminated against her in the terms, conditions, or privileges of her employment when, because of her sex, it transferred her out of the Department’s Intelligence Division to an entirely different job, …

Tutorial: Using Neuron For Neuromechanical Simulations, Hillel J. Chiel, Peter J. Thomas

Faculty Scholarship

The dynamical properties of the brain and the dynamics of the body strongly influence one another. Their interaction generates complex adaptive behavior. While a wide variety of simulation tools exist for neural dynamics or biomechanics separately, there are few options for integrated brain-body modeling. Here, we provide a tutorial to demonstrate how the widely-used NEURON simulation platform can support integrated neuromechanical modeling. As a first step toward incorporating biomechanics into a NEURON simulation, we provide a framework for integrating inputs from a “periphery” and outputs to that periphery. In other words, “body” dynamics are driven in part by “brain” variables, …

Freehold Offices Vs. "Despotic Displacement": Why Article Ii "Executive Power" Did Not Include Removal, Jed Handelsman Shugerman

Faculty Scholarship

The Roberts Court has relied on an assertion that Article II’s “executive power” implied an “indefeasible” or unconditional presidential removal power. In the wake of growing historical evidence against their theory, unitary executive theorists have fallen back on a claim of a “backdrop” or default removal rule from English and other European monarchies. However, unitary theorists have not provided support for these repeated assertions, while making a remarkable number of errors, especially in the recent “The Executive Power of Removal” (Harvard L. Rev. 2023).

This Article offers an explanation for the difficulty in supporting this historical claim: Because …

Aggressive End-Of-Life Care Across Gradients Of Cognitive Impairment In Nursing Home Patients With Metastatic Cancer, Siran M. Koroukian, Sara L. Douglas, Long Vu, Hannah L. Fein, Nicholas K. Schiltz, Jennifer Cullen, Cynthia Owusu, Martha Sajatovic, Johnie Rose

Faculty Scholarship

Background: Studies examining end-of-life (EOL) care in older cancer patients are scarce, and prior studies have not accounted for gradients of cognitive impairment (COG-I). We examine EOL care patterns across COG-I gradients, hypothesizing that greater COG-I severity is associated with lower odds of receiving aggressive EOL care. Methods: Using data from the linked Surveillance Epidemiology and End Results (SEER) -Medicare -Minimum Data Set (MDS) 3.0, we identified patients with nursing facility stays (NFS) and who died with metastatic cancer from 2013 to 2017. Markers of aggressive EOL care were: cancer-directed treatment, intensive care unit admission, >1 emergency department visit, or …

Thieno[3,4-D]Pyrimidin-4(3h)-Thione: An Effective, Oxygenation Independent, Heavy-Atom-Free Photosensitizer For Cancer Cells, Luis A. Ortiz-Rodríguez, Sean J. Hoehn, Heather J. Folkwein, Liraz Levi, Carlos E. Crespo-Hernández

Faculty Scholarship

All-organic, heavy-atom-free photosensitizers based on thionation of nucleobases are receiving increased attention because they are easy to make, noncytotoxic, work both in the presence and absence of molecular oxygen, and can be readily incorporated into DNA and RNA. In this contribution, the DNA and RNA fluorescent probe, thieno[3,4-d]pyrimidin-4(1H)-one, has been thionated to develop thieno[3,4-d]pyrimidin-4(3H)-thione, which is nonfluorescent and absorbs near-visible radiation with about 60% higher efficiency. Steady-state absorption and emission spectra are combined with transient absorption spectroscopy and CASPT2 calculations to delineate the electronic relaxation mechanisms of both pyrimidine derivatives in aqueous and acetonitrile solutions. It is demonstrated that thieno[3,4-d]pyrimidin-4(3H)-thione …

Teaching Spatial Data Analysis: A Case Study With Recommendations, Duncan J. Mayer, Robert L. Fischer

Faculty Scholarship

Learning from data is a valuable skill for nonprofit professionals and researchers. Often, data have a spatial component, and data relevant to the nonprofit sector are no exception. Understanding spatial aspects of the nonprofit sector may provide immense value to social entrepreneurs, funders, and policy makers, by guiding programmatic decisions, facilitating resource allocation, and development policy. As a result, spatial thinking has become an essential component of critical thinking and decision making among nonprofit professionals. The goal of this case study is to support and encourage instruction of spatial data analysis and spatial thinking in nonprofit studies. The case study …

Living Apart After Adoption Or Guardianship: Perspectives Of Adoptive Parents And Guardians, Nancy Rolock, Amy E. Korsch-Williams, Chelsea Flanigan

Faculty Scholarship

Background: For children who are not reunified with their biological family members, the child welfare system promotes legal permanence through adoption or guardianship. The intent of adoption and guardianship is a safe home where children develop familial relationships that last a lifetime. However, issues may arise that result in children or youth living apart (LA) from their families after adoption or guardianship. In this study, LA is defined as a youth living outside the home after adoption or guardianship for two weeks or longer because the youth was receiving treatment in a residential or hospital setting, in a juvenile justice …

Bullying Victimization And Perpetration: Some Answers And More Questions, Dexter R. Voisin, David B. Miller

Faculty Scholarship

The U.S. government has defined bullying victimization as “any unwanted aggressive behavior(s) by another youth or group of youths who are not siblings or current dating partners that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated”.1 Conceptualizations of bullying and the use of the term vary by audience and context. For instance, for some, bullying behaviors might include acts of aggression or violence, whereas for others bullying might center on name-calling, exclusionary social practices or even spreading rumors and vicious lies.2

Field Studies Of Perc And Al-Bsf Pv Module Performance Loss Using Power And I-V Timeseries, Alan J. Curran, Xuanji Yu, Jiqi Liu, Laura S. Bruckman, Roger H. French

Faculty Scholarship

We have studied the degradation of both full-sized modules and minimodules with PERC and Al-BSF cell variations in fields while considering packaging strategies. We demonstrate the implementations of data-driven tools to analyze large numbers of modules and volumes of timeseries data to obtain the performance loss and degradation pathways. This data analysis pipeline enables quantitative comparison and ranking of module variations, as well as mapping and deeper understanding of degradation mechanisms. The best performing module is a half-cell PERC, which shows a performance loss rate (PLR) of −0.27 ± 0.12% per annum (%/a) after initial losses have stabilized. Minimodule studies …

Field Studies Of Perc And Al-Bsf Pv Module Performance Loss Using Power And I-V Timeseries, Alan J. Curran, Xuanji Yu, Jiqi Liu, Laura S. Bruckman, Roger H. French

Faculty Scholarship

We have studied the degradation of both full-sized modules and minimodules with PERC and Al-BSF cell variations in fields while considering packaging strategies. We demonstrate the implementations of data-driven tools to analyze large numbers of modules and volumes of timeseries data to obtain the performance loss and degradation pathways. This data analysis pipeline enables quantitative comparison and ranking of module variations, as well as mapping and deeper understanding of degradation mechanisms. The best performing module is a half-cell PERC, which shows a performance loss rate (PLR) of −0.27 ± 0.12% per annum (%/a) after initial losses have stabilized. Minimodule studies …

Moral Framing And Affirmative Outreach As Drivers Of Health Insurance Enrollment In Medicaid And A State Exchange: A Randomized Field Experiment, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Legal efforts to expand health insurance coverage have relied on traditional economic theory. Despite expanded subsidies and some state mandates, nearly 30 million Americans are uninsured, including many who could afford it. Where economic self-interest has not fostered enrollment, we test whether moral framing around community or responsibility could be more effective.

We present a pre-registered field experiment with a state government (Maryland) dataset of uninsured residents (N=16,477). We randomized to four conditions: (a) no-contact control, (b) affordability messaging (status quo), (c) responsibility messaging, or (d) community messaging, and found responsibility and community messages most effective (an 18.5% change).

My Name Is Max, Max Bowman

Faculty Scholarship

No abstract provided.

Autism In Females: Understanding The Overlooked Diagnoses, Unique Challenges, And Recommendations, Piper Hutson, James Hutson

Faculty Scholarship

Autism Spectrum Condition (ASC) is a neurodevelopmental disorder that affects individuals of both sexes. However, females with ASC frequently remain undiagnosed or misdiagnosed due to a range of factors, including gender bias in the medical profession, societal expectations, and a lack of knowledge about the unique challenges they face. For instance, the gendered subset of the population often struggles with social interaction and communication, relying more on analytical thinking, which can lead to difficulty in generating acceptable responses and behaviors. At the same time, females are more adept at masking their innate behaviors associated with the condition and hyper-focus on …