Digital Commons Network^™

Brief For Amici Curiae Legal Scholars Supporting Respondent, Nicole Huberfeld, Timothy S. Jost, Linda C. Mcclain, Wendy E. Parmet, Erwin Chemerinsky, Elizabeth Mccuskey, Danielle Pelfrey Duryea, Gabriel Scheffler, George J. Annas

Faculty Scholarship

QUESTION PRESENTED: Whether the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, preempts Idaho law in the narrow but important circumstance where terminating a pregnancy is required to stabilize an emergency medical condition that would otherwise threaten serious harm to the pregnant woman’s health but the State prohibits an emergency-room physician from providing that care.

On The Cogent Formulation Of An Elastomeric Silicone Ink Material For Direct Ink Write (Diw) 3d Printing, G. M. Fazley Elahee, Xiang Cheng, Lihan Rong, Ming Wei Xu, Lucio Souza, Rigoberto C. Advincula, Joao Maia

Faculty Scholarship

Adhesives and sealants show fine rheology with good physical and mechanical properties as viscous pastes, a possible starting point for developing direct ink writing (DIW) 3D printing ink. However, many commercial adhesives and sealants take days or weeks to cure fully. DIW 3D-printed parts made directly from these sealants are not designed for a scalable manufacturing process and high-volume production. Moreover, most of these adhesives and sealants have volume shrinkage during cure. A systematic understanding of formulation methods and design principles for an elastomeric silicone DIW ink can overcome these issues. This study presents the cogent formulation development of a …

Preserving Linguistic Diversity In The Digital Age: A Scalable Model For Cultural Heritage Continuity, James Hutson, Pace Ellsworth, Matt Ellsworth

Faculty Scholarship

In the face of the rapid erosion of both tangible and intangible cultural heritage globally, the urgency for effective, wide-ranging preservation methods has never been greater. Traditional approaches in cultural preservation often focus narrowly on specific niches, overlooking the broader cultural tapestry, particularly the preservation of everyday cultural elements. This article addresses this critical gap by advocating for a comprehensive, scalable model for cultural preservation that leverages machine learning and big data analytics. This model aims to document and archive a diverse range of cultural artifacts, encompassing both extraordinary and mundane aspects of heritage. A central issue highlighted in the …

Bipolar Symptoms, Somatic Burden And Functioning In Older-Age Bipolar Disorder: A Replication Study From The Global Aging & Geriatric Experiments In Bipolar Disorder Database (Gage-Bd) Project, Martha Sajatovic, Farren B.S Briggs, Kaylee Sarna, Joy Yala

Faculty Scholarship

Objectives: The Global Aging & Geriatric Experiments in Bipolar Disorder Database (GAGE-BD) project pools archival datasets on older age bipolar disorder (OABD). An initial Wave 1 (W1; n = 1369) analysis found both manic and depressive symptoms reduced among older patients. To replicate this finding, we gathered an independent Wave 2 (W2; n = 1232, mean ± standard deviation age 47.2 ± 13.5, 65% women, 49% aged over 50) dataset. Design/Methods: Using mixed models with random effects for cohort, we examined associations between BD symptoms, somatic burden and age and the contribution of these to functioning in W2 and the …

Seeking Sufficient And Appropriate Care During The First Year After Spinal Cord Injury: A Qualitative Study, Anne M. Bryden, Brian Gran

Faculty Scholarship

Study design: Longitudinal qualitative study, based on a constructivist grounded theory and transformative approach. Objectives: This study investigated experiences of individuals with spinal cord injury (SCI) while navigating rehabilitation, resources for recovery, and community reintegration during the first year after injury. Setting: An acute inpatient rehabilitation facility in the Midwest United States. Methods: In-depth, semi-structured interviews were conducted with 20 individuals with newly-acquired SCI. Interviews were conducted approximately every other month for one year, beginning at acute inpatient rehabilitation. Data were analyzed and interpreted using a constructivist grounded theory approach and transformative paradigm, which examines power and social structures within …

Bst1047+1156: A (Failing) Ultradiffuse Tidal Dwarf In The Leo I Group, J. Christopher Mihos, Stacy S. Mcgaugh

Faculty Scholarship

We use deep Hubble Space Telescope imaging to study the resolved stellar populations in BST1047+1156, a gas-rich, ultradiffuse dwarf galaxy found in the intragroup environment of the Leo I galaxy group. While our imaging reaches approximately two magnitudes below the tip of the red giant branch at the Leo I distance of 11 Mpc, we find no evidence for an old red giant sequence that would signal an extended star formation history for the object. Instead, we clearly detect the red and blue helium-burning sequences of its stellar populations, as well as the fainter blue main sequence, all indicative of …

Association Of Semaglutide With Reduced Incidence And Relapse Of Cannabis Use Disorder In Real-World Populations: A Retrospective Cohort Study, William Wang, Nathan A. Berger, Pamela B. Davis, David C. Kaelber, Rong Xu

Faculty Scholarship

Cannabis is the most frequently used illicit drug in the United States with more than 45 million users of whom one-third suffer from a cannabis use disorder (CUD). Despite its high prevalence, there are currently no FDA-approved medications for CUD. Patients treated with semaglutide, a glucagon-like peptide-1 receptor agonist (GLP-1RA) approved for treating type 2 diabetes (T2D) and for weight management have reported reduced desire to drink and smoke. Preclinical studies have shown that semaglutide decreased nicotine and alcohol consumption. Preclinical and preliminary clinical evidence of semaglutide’s potential beneficial effects on various substance use disorders led us to evaluate if …

Vibrational Spectrum Of Granular Packings With Random Matrices, Harsh Mathur

Faculty Scholarship

Abstract: The vibrational spectrum of granular packings can be used as a signature of the jamming transition, with the density of states at zero frequency becoming nonzero at the transition. It has been proposed previously that the vibrational spectrum of granular packings can be approximately obtained from random matrix theory. Here, we show that the autocorrelation function of the density of states shows good agreement between dynamical numerical simulations of frictionless bead packs near the jamming point and the analytic predictions of the Laguerre orthogonal ensemble of random matrices; there is clear disagreement with the Gaussian orthogonal ensemble, establishing that …

Reclaiming The Symbol: Ethics, Rhetoric, And The Humanistic Integration Of Gai - A Burkean Perspective, Daniel Plate, James Hutson

Faculty Scholarship

This study delves into the intersection of generative artificial intelligence (GAI) and the Humanities, guided by the critical insights of Kenneth Burke, a seminal figure in the study of rhetoric and a vocal critic of scientism and positivism. The skepticism of the American literary theorist towards an uncritical embrace of science and technology, and his concerns over the inclination of the Humanities to adopt scientific methodologies at the expense of traditional forms of inquiry, provide a critical framework for examining the new role played by GAI within the Humanities. By framing these tools in the context of Burkean rhetorical theory, …

Pathological Mechanisms And Novel Testing Methods In Thrombotic Thrombocytopenic Purpura, Robert W. Maitta

Faculty Scholarship

Thrombotic thrombocytopenic purpura (TTP) is an uncommon, but potentially disabling or even deadly, thrombotic microangiopathy with a well-studied mechanism of ADAMTS13 deficiency or dysfunction. While established treatments are largely effective, the standard ADAMTS13 testing required to definitively diagnose TTP may cause delays in diagnosis and treatment, highlighting the need for rapid and effective diagnostic methods. Additionally, the heterogeneous presentation and varied inciting events of TTP suggest more variation in its mechanism than previously thought, implying three potential pathways rather than the accepted two. The recent discovery of ADAMTS13 conformation as a potential contributor to TTP in addition to the proposal …

When And Why Ecological Systems Respond To The Rate Rather Than The Magnitude Of Environmental Changes, Karen C. Abbott

Faculty Scholarship

Ecologists and conservation biologists have become quite familiar with the concept of tipping points: abrupt changes in an ecosystem's state that occur after a period of relative stasis. Most of the familiar ecological examples of tipping points occur either because a once-stable state has lost stability, or the system has been subjected to a particularly large perturbation and transitions to an alternative stable state, distinct from the pre-perturbed state. A different class of tipping points, known as rate-induced tipping (or r-tipping) points, are likely present in many ecological communities but remain little known in the field. Rate-induced tipping occurs when …

Smart Cities And Aging Well: Exploring The Links Between Technological Models And Social Models For Promoting Daily Social Interaction For Geriatric Care, Jocelyne Kiss, Lindenwood University

Faculty Scholarship

The aging global population requires a new social model to meet the growing social, economic, and physical needs of seniors. Western social models need to be reconsidered in light of examples that support communal ways of living, which are sustainable through smart city design for more supportive geriatric care systems. To address the complex problems of geriatric care in this growing aging population with specific needs related to increased lifespan and limited financial resources, the use of emerging technologies, such as artificial intelligence (AI) and the Internet of Things (IoT), should be considered. As retirement ages rise and funds for …

Understanding The Utility Of Less Than Six-Month Prognosis Using Administrative Data Among U.S. Nursing Home Residents With Cancer, Long Vu, Siran M. Koroukian, Sara L. Douglas, Hannah L. Fein

Faculty Scholarship

Background: There is a dearth of studies evaluating the utility of reporting prognostication among nursing home (NH) residents with cancer. Objective: To study factors associated with documented less than six-month prognosis, and its relationship with end-of-life (EOL) care quality measures among residents with cancer. Methods: The Surveillance, Epidemiology, and End Results linked with Medicare, and the Minimum Data Set databases was used to identify 20,397 NH residents in the United States with breast, colorectal, lung, pancreatic, or prostate cancer who died between July 2016 and December 2018. Of these, 2205 residents (10.8%) were documented with less than six-month prognosis upon …

Sex Differences Among Older Adults With Bipolar Disorder: Results From The Global Aging & Geriatric Experiments In Bipolar Disorder (Gage-Bd) Project, Kaylee Sarna, Joy Yala, Farren B.S. Briggs, Martha Sajatovic

Faculty Scholarship

Objective: Sex-specific research in adult bipolar disorder (BD) is sparse and even more so among those with older age bipolar disorder (OABD). Knowledge about sex differences across the bipolar lifespan is urgently needed to target and improve treatment. To address this gap, the current study examined sex differences in the domains of clinical presentation, general functioning, and mood symptoms among individuals with OABD. Methods: This Global Aging & Geriatric Experiments in Bipolar Disorder (GAGE-BD) study used data from 19 international studies including BD patients aged ≥50 years (N = 1,185: 645 women, 540 men).A comparison of mood symptoms between women …

Altered Mitochondrial Respiration In Peripheral Blood Mononuclear Cells Of Post-Acute Sequelae Of Sars-Cov-2 Infection, Sahera Dirajlal-Fargo, Jared C. Durieux, Grace A. Mccomsey

Faculty Scholarship

Peripheral blood mononuclear cells (PBMC) mitochondrial respiration was measured ex vivo from participants without a history of COVID (n = 19), with a history of COVID and full recovery (n = 20), and with PASC (n = 20). Mean mitochondrial basal respiration, ATP-linked respiration, maximal respiration, spare respiration capacity, ATP-linked respiration, and non-mitochondrial respiration were highest in COVID + PASC+ (p ≤ 0.04). Every unit increase in non-mitochondrial respiration, ATP-linked respiration, basal respiration, spare respiration capacity, and maximal respiration increased the predicted odds of PASC between 1 % and 6 %. Mitochondrial dysfunction in PBMCs may be contributing to the …

Electronic Relaxation Mechanism Of 9-Methyl-2,6-Diaminopurine And 2,6-Diaminopurine-2′-Deoxyribose In Solution, Luis A. Ortiz-Rodríguez, Naishka E. Caldero-Rodríguez, Sourav Kanti Seth, Karitza Díaz-González, Carlos E. Crespo-Hernández

Faculty Scholarship

Prolonged ultraviolet exposure results in the formation of cyclobutane pyrimidine dimers (CPDs) in RNA. Consequently, prebiotic photolesion repair mechanisms should have played an important role in the maintenance of the structural integrity of primitive nucleic acids. 2,6-Diaminopurine is a prebiotic nucleobase that repairs CPDs with high efficiency when incorporated into polymers. We investigate the electronic deactivation pathways of 2,6-diaminopurine-2′-deoxyribose and 9-methyl-2,6-diaminopurine in acetonitrile and aqueous solution to shed light on the photophysical and excited state properties of the 2,6-diaminopurine chromophore. Evidence is presented that both are photostable compounds exhibiting similar deactivation mechanisms upon the population of the S1(ππ* La) state …

A General Materials Data Science Framework For Quantitative 2d Analysis Of Particle Growth From Image Sequences, Sameera Nalin Venkat, Thomas G. Ciardi, Mingjian Lu, Preston C. Deleo, Jube Augustino, Adam Goodman, Jayvic Cristian Jimenez, Anirban Mondal, Frank Ernst, Yinghui Wu, Roger H. French, Laura S. Bruckman

Faculty Scholarship

Phase transformations are a challenging problem in materials science, which lead to changes in properties and may impact performance of material systems in various applications. We introduce a general framework for the analysis of particle growth kinetics by utilizing concepts from machine learning and graph theory. As a model system, we use image sequences of atomic force microscopy showing the crystallization of an amorphous fluoroelastomer film. To identify crystalline particles in an amorphous matrix and track the temporal evolution of the particle dispersion, we have developed quantitative methods of 2D analysis. 700 image sequences were analyzed using a neural network …

Government Counterspeech, Jamal Greene

Faculty Scholarship

We are awash in lies. Misinformation has always been with us, but the endemicity of social media and the depth of political polarization in the United States and elsewhere has enabled falsehoods to be amplified, monetized, microtargeted, and spread around the world at unprecedented speed and scale. The consequences for democracy, public health, and social harmony are emergent and grave.

Misinformation presents one of the most vexing challenges for content moderation on social media (and off it, such as on cable news) for myriad reasons. Because misinformation can be difficult or controversial to define, policing it risks chilling core political …

Parental Rights: Rhetoric Versus Doctrine, Clare Huntington

Faculty Scholarship

Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars — including both of us — who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem …

Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan

Faculty Scholarship

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

It’S Dead! Can Postbiotics Really Help Performance And Recovery? A Systematic Review, Chad M. Kerksick, Jessica M. Moon, Ralf Jäger

Faculty Scholarship

In recent years, postbiotics have increased in popularity, but the potential relevancy of postbiotics for augmenting exercise performance, recovery, and health is underexplored. A systematic literature search of Google Scholar and PubMed databases was performed with the main objective being to identify and summarize the current body of scientific literature on postbiotic supplementation and outcomes related to exercise performance and recovery. Inclusion criteria for this systematic review consisted of peer-reviewed, randomized, double-blind, and placebo-controlled trials, with a population including healthy men or women >18 years of age. Studies required the incorporation of a postbiotic supplementation regimen and an outcome linked …

Milk Or Kefir, In Comparison To Water, Do Not Enhance Running Time-Trial Performance In Endurance Master Athletes, Kristen N. Gross, Patrick S. Harty, Joesi M. Krieger, Petey W. Mumford, Kyle L. Sunderland, Anthony M. Hagele, Chad Kerksick

Faculty Scholarship

This study compared flavored kefir (KFR) and flavored milk (MLK) as a recovery drink in endurance master athletes. Using a randomized, placebo-controlled, non-blinded crossover design, 11 males and females completed three testing visits whilst acutely ingesting either KFR, MLK, or water as a placebo (PLA). KFR supplementation occurred for 14 days before the KFR-testing day, followed by a 3-week washout period. Testing visits consisted of an exhausting-exercise (EE) bout, a 4-h rest period where additional carbohydrate feeding was provided, and a treadmill 5 km time trial (TT). The Gastrointestinal Symptom Rating Scale (GSRS) survey was assessed at four timepoints. Blood …

False Conscience: Sustainability And Smart Evolution—Between Law And Power, Ugo Mattei

Faculty Scholarship

The contribution describes the legal phenomenon as a playing field characterized by a progressive regression of the law, understood as a sovereign will from top to bottom, both in the vision of formalist legal positivisms in continental Europe and in realist terms, in the United States. Soft law represents the main strategy to subordinate the law to the interests of the economy, elasticizing environmental law, making it favorable to the market, reducing ecology to the simplistic metric of CO2 emissions. The consequence is a retreat of the statist vertical normativity of law which is not replaced by a de facto …

Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott

Faculty Scholarship

The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …

Fair Use In The Us Redux: Reformed Or Still Deformed?, Jane C. Ginsburg

Faculty Scholarship

In 2019, Professor Ginsburg delivered the Distinguished Visitor in Intellectual Property Lecture at the Faculty of Law, National University of Singapore. Titled “Fair Use in the US: Transformed, Reformed, Deformed?”, the lecture explored US caselaw applying the statutory fair use exception, highlighting its excesses and apparent rebalancing. Four and half years (and a pandemic) later, the Supreme Court has rendered decisions in two fair use cases (Google v Oracle; Andy Warhol Foundation v Goldsmith). Together, these controversies prompt inquiry whether the Supreme Court has redrawn the landscape of US fair use and copyright law, expanding fair use …

Consumer Law For Gen Z Law Students, Neil Sobol

Faculty Scholarship

Whether they are consumers, representing consumers, or advising clients dealing with consumers, law school graduates will inevitably confront numerous consumer law issues. Moreover, most students entering law school are members of Generation Z and face a new wave of consumer laws arising from the 2007–2009 recession and the rapid growth of new technologies. Clickwrap agreements, email spoofing, cybercrimes, cryptocurrencies, fintech, identity theft, online disparagement, data privacy, artificial intelligence, robocalling, and autonomous vehicles are among the evolving topics in modern consumer law. Despite the growth in consumer law concerns, many law students have limited access to consumer law options, with almost …

Using Imaging Modalities To Predict Nanoparticle Distribution And Treatment Efficacy In Solid Tumors: The Growing Role Of Ultrasound, Michaela B. Cooley, Dana Wegierak, Agata A. Exner

Faculty Scholarship

Nanomedicine in oncology has not had the success in clinical impact that was anticipated in the early stages of the field's development. Ideally, nanomedicines selectively accumulate in tumor tissue and reduce systemic side effects compared to traditional chemotherapeutics. However, this has been more successful in preclinical animal models than in humans. The causes of this failure to translate may be related to the intra- and inter-patient heterogeneity of the tumor microenvironment. Predicting whether a patient will respond positively to treatment prior to its initiation, through evaluation of characteristics like nanoparticle extravasation and retention potential in the tumor, may be a …

Standing Between Private Parties, Thomas P. Schmidt

Faculty Scholarship

Standing is generally framed as a doctrine about plaintiffs. The basic question, the Supreme Court has said, is “whether the plaintiff is the proper party” to invoke the federal judicial power. Asking that question tends to obscure a natural corollary: Against whom? This Article attends to the other side of the “v.” It argues that suits against private parties should be treated differently from suits against government officials for standing purposes because these two types of suits raise different structural concerns. Notwithstanding its focus on plaintiffs, the Supreme Court has said repeatedly that standing is “built” on the “single basic …

Employer-Sponsored Reproduction, Valarie K. Blake, Elizabeth Mccuskey

Faculty Scholarship

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive choice, revealing the magnitude of impact that employers’ insurance coverage choices have on Americans’ access to reproductive care, as well as the legal infrastructure that prioritizes employer choice over individual autonomy.

Over half the population depends on employers for health insurance. The laws regulating those plans grant employers discretion in what services to cover, with exceptionally wide latitude for employers’ choices about reproductive care services, like abortion, contraception, infertility, and pre-exposure prophylaxis (PrEP). In their role as health care funders, employers pursue their own economic interests, …