Digital Commons Network^™

Digital Privacy For Reproductive Choice In The Post-Roe Era, Aziz Z. Huq, Rebecca Wexler

Faculty Scholarship

The overruling of Roe v. Wade has unleashed a torrent of regulatory and punitive activity restricting previously lawful reproductive options. But the turn to the expansive criminal law and new schemes of civil liability creates novel concerns, quite distinct from the pre-Roe landscape a half-century ago. Reproductive choice, and its nemesis, turn upon information. For pregnant people, deciding on a choice of medical care entails a search for advice and services. Information is at a pre­mium for them. Meanwhile, efforts to regulate abortion began with clinic closings. But they will quickly extend to civil actions and criminal indictments of patients, …

Immigration Law's Missing Presumption, Fatma Marouf

Faculty Scholarship

The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …

Creating Persistent Law Review Article Links With Digital Object Identifiers, Valeri Craigle, Benjamin J. Keele, Aaron Retteen

Faculty Scholarship

A case study for how to use digital object identifiers (DOIs) to make online journals more accessible and improve their site user reports.

(A)Woke Workplaces, Michael Z. Green

Faculty Scholarship

With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination, let alone the need to address the consequences of such discrimination, certain groups have begun to oppose BLM by seeking to diminish any social justice actions. One of those key resistance efforts includes labelling in pejorative terms any employers that pursue anti-racism objectives via social justice statements or internal …

Pro-Choice Plans, Brendan S. Maher

Faculty Scholarship

After Dobbs v. Jackson Women’s Health Organization, the United States Constitution may no longer protect abortion, but a surprising federal statute does. That statute is called the Employee Retirement Income Security Act of 1974 (“ERISA”), and it has long been one of the most powerful preemptive statutes in the entire United States Code. ERISA regulates “employee benefit plans,” which are the vehicle by which approximately 155 million people receive their health insurance. Plans are thus a major private payer for health benefits—and therefore abortions. While many post-Dobbs anti-abortion laws directly bar abortion by making either the receipt or provision of …

Diverse Patients’ Attitudes Towards Artificial Intelligence (Ai) In Diagnosis, Christopher Robertson, Andrew Woods, Kelly Bergstrand, Jessica Findley, Cayley Balser, Marvin J. Slepian

Faculty Scholarship

Artificial intelligence (AI) has the potential to improve diagnostic accuracy. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly distrusting. We sought to determine how diverse patient populations feel about the use of AI diagnostic tools, and whether framing and informing the choice affects uptake. To construct and pretest our materials, we conducted structured interviews with a diverse set of actual patients. We then conducted a pre-registered (osf.io/9y26x), randomized, blinded survey experiment in factorial design. A survey firm provided n = 2675 responses, oversampling minoritized populations. Clinical vignettes were randomly manipulated in eight …

The Public Stakes Of Consumer Law: The Environment, The Economy, Health, Disinformation, And Beyond, Rory Van Loo

Faculty Scholarship

This Article shows how consumer law, a field “derided as the law of small problems,”⁴ is more accurately viewed as important for addressing large-scale societal threats. It also offers a more integrated conceptual and institutional approach to consumer law so that the field can have a better chance of fulfilling its societal potential.

Part I of this Article outlines the importance of consumer law. It maps consumer law’s connections to some of the most pressing societal threats: climate change, public health, inequality, and disinformation. Part II focuses on consumer law’s place in the legal academy and government. Currently, important …

150th Anniversary Gala Dean Address, Angela Onwuachi-Willig

Faculty Scholarship

One hundred fifty years ago tomorrow, eighteen professors and approximately sixty students held the first day of classes at what was then called Boston School of Law. It was 1872. The Civil War had ended less than a decade before. The telephone had not been invented yet. It was a remarkably different time in our nation’s history.

Our law school’s rather humble beginnings did not portend the impressive legacy that it would build over the next 150 years. At the time, the school consisted of only one small lecture hall and an adjacent room for the dean—tight quarters for a …

Patents' New Salience, Janet Freilich

Faculty Scholarship

The vast majority of patents do not matter. They are almost never enforced or licensed and, in consequence, are almost always ignored. This is a well-accepted feature of the patent system and has a tremendous impact on patent policy. In particular, while there are many aspects of patent law that are potentially troubling-including grants of unmerited patents, high transaction costs in obtaining necessary patent licenses, and patents' potential to block innovation and hinder economic growth-these problems may be insignificant in practice because patents are under-enforced and routinely infringed without consequence.

This Article argues that technological developments are greatly increasing the …

Reflections On The Use Of Patient Records: Privacy, Ethics, And Reparations In The History Of Psychiatry, Jonathan Sadowsky

Faculty Scholarship

One of the most common questions we get asked as historians of psychiatry is “do you have access to patient records?” Why are people so fascinated with the psychiatric patient record? Do people assume they are or should be available? Does access to the patient record actually tell us anything new about the history of psychiatry? And if we did have them, what can, or should we do with them? In the push to both decolonize and personalize the history of psychiatry, as well as make some kind of account or reparation for past mistakes, how can we proceed in …

Patterns Of Diagnostic Evaluation And Determinants Of Treatment In Older Patients With Non-Transfusion Dependent Myelodysplastic Syndromes, Sudipto Mukherjee, Weichuan Dong, Nicholas K. Schiltz, Kurt C. Stange, Jennifer Cullen, Aaron T. Gerds, Hetty E. Carraway, Abhay Singh, Anjali S. Advani, Siran M. Koroukian

Faculty Scholarship

Background: Older patients with myelodysplastic syndromes (MDS), particularly those with no or one cytopenia and no transfusion dependence, typically have an indolent course. Approximately, half of these receive the recommended diagnostic evaluation (DE) for MDS. We explored factors determining DE in these patients and its impact on subsequent treatment and outcomes. Patients and Methods: We used 2011-2014 Medicare data to identify patients ≥66 years of age diagnosed with MDS. We used Classification and Regression Tree (CART) analysis to identify combinations of factors associated with DE and its impact on subsequent treatment. Variables examined included demographics, comorbidities, nursing home status, and …

Kindlin-3 Deficiency Leads To Impaired Erythropoiesis And Erythrocyte Cytoskeleton, Chloe Turpin, Utku Goreke, Utku Goreke, Katarzyna Bialkowska, Kamila M. Bledzka, Dmitriy Verbovetskiy, Umut A. Gurkan, Jun Qin, Edward F. Plow, Elzbieta Pluskota

Faculty Scholarship

Kindlin-3 (K3) is critical for the activation of integrin adhesion receptors in hematopoietic cells. In humans and mice, K3 deficiency is associated with impaired immunity and bone development, bleeding, and aberrant erythrocyte shape. To delineate how K3 deficiency (K3KO) contributes to anemia and misshaped erythrocytes, mice deficient in erythroid (K3KO\EpoR-cre) or myeloid cell K3 (K3KO\Lyz2cre), knockin mice expressing mutant K3 (Q597W598 to AA) with reduced integrin-activation function (K3KI), and control wild-type (WT) K3 mice were studied. Both K3-deficient strains and K3KI mice showed anemia at baseline, reduced response to erythropoietin stimulation, and compromised recovery after phenylhydrazine (PHZ)-induced hemolytic anemia as …

The Problem Is The Court, Not The Constitution, Jonathan Feingold

Faculty Scholarship

“But first, we must believe.” So concludes The Antiracist Constitution, where Brandon Hasbrouck confronts an uneasy question: In the quest for racial justice, is the Constitution friend or foe? Even the casual observer knows that constitutional law is no friend to racial justice. In the nineteenth century, Plessy v. Ferguson blessed Jim Crow. In the twentieth century, Washington v. Davis insulated practices that reproduce Jim Crow. Now in the twenty-first century, pending affirmative action litigation invites the Supreme Court to outlaw efforts to remedy Jim Crow.

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Faculty Scholarship

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

The Role Of Primary Care In Improving Population Health, Kurt C. Stange

Faculty Scholarship

In widely quoted ecological analyses, primary care is associated with population health. Not only with population health, but with health equity, health care quality, and lower health care expenditure - a pretty good definition of value. Yet, there is a paradox about primary care. Despite these desirable population‐level attributes, at the disease level at which we typically measure, incentivize, and organize the work of health care, when assessed with one‐disease‐at‐a‐time quality measures, primary care does not perform as well as care focused on a single disease. What is going on here? In caring for patients’ individual diseases, primary care appears …

Evaluation Of Novel Beverage Formulations For Hydration Enhancement In Humans, Grant M. Tinsley, Madelin R. Siedler, Christian Rodriguez, Patrick Harty, Matthew T. Stratton, Sarah J. White, Dale S. Keith, Jacob J. Green, Jake R. Boykin, Abegale D. Williams, Brielle Dehaven, Alexandra Brojanac, Ethan Tinoco

Faculty Scholarship

This study evaluated the influence of novel beverage formulations on bioimpedance- and urine-based hydration markers. Thirty young healthy adults (n=16 females, n=14 males; age: 23.2±3.7 years; BMI: 24.3±3.3 kg/m2 ) participated in a randomized, double-blind, placebo-controlled, crossover study. Participants completed three conditions with baseline bioimpedance, urine, and body mass assessments, followed by ingestion of one liter of a test beverage over a 30-minute period. The three beverages were: active hydration formulation in still (AFstill) or sparkling (AFspark) water and a still water control. The active formulations were identical in concentrations of alpha-cyclodextrin and complexing agents. Following beverage ingestion, bioimpedance assessments …

Preoperative Frailty And Adverse Outcomes Following Coronary Artery Bypass Grafting Surgery In Us Veterans, Salil V. Deo, Yakov Elgudin

Faculty Scholarship

Background: Contemporary guidelines emphasize the value of incorporating frailty into clinical decision-making regarding revascularization strategies for coronary artery disease. Yet, there are limited data describing the association between frailty and longer-term mortality among coronary artery bypass grafting (CABG) patients. Methods: We conducted a retrospective cohort study (2016–2020, 40 VA medical centers) of US veterans nationwide that underwent coronary artery bypass grafting (CABG). Frailty was quantified by the Veterans Administration Frailty Index (VA-FI), which applies the cumulative deficit method to render a proportion of 30 pertinent diagnosis codes. Patients were classified as non-frail (VA-FI ≤ 0.1), pre-frail (0.1 < VA-FI ≤ 0.2), or frail (VA-FI > 0.2). We used …

Real-Time Mapping With Global Positioning Systems Devices In A Mixed Methods Toolkit For Studying Social And Environmental Change, Cynthia Twyford Fowler

Faculty Scholarship

To explore the process through which people develop knowledge about socioecological change, this article describes a mixed-methods toolkit containing a technique for making maps in real time while moving through landscapes. The quantitative component of the toolkit is grounded in ethnobiologists’ embeddedness in place-based communities and harnesses the power of global positioning systems (GPS). As GPS-wielding ethnobiologists engage in participatory mapping by moving through landscapes with their research collaborators, we can use handheld devices and simultaneously communicate with satellites in outer space to produce maps in real time. Within the existing, large inventory of ethnobiological methods, using handheld GPS devices …

Unmet Needs With Antipsychotic Treatment In Schizophrenia And Bipolar I Disorder: Patient Perspectives From Qualitative Focus Groups, Martha Sajatovic

Faculty Scholarship

Background: Schizophrenia (SZ) and bipolar I disorder (BD-I) are chronic mental health disorders often treated with antipsychotic medications. This qualitative study sought to better understand disease burden and treatment experiences with oral antipsychotic medications in participants living with SZ or BD-I. Methods: Six 90-min focus groups were conducted with participants diagnosed with SZ or BD-I. Trained moderators facilitated discussions using a semistructured guide. Participants described symptoms, impacts of disease, and experiences with oral antipsychotic medications, whether favourable or unfavourable. Results: Among participants with SZ (n = 15; 3 groups, 5 per group), 53% were male and 33% were white, with …

A Haptoglobin (Hp) Structural Variant Alters The Effect Of Apoe Alleles On Alzheimer's Disease, Haimeng Bai, Penelope Benchek, Asha R. Kallianpur, Jonathan L. Haines, William S. Bush

Faculty Scholarship

Background: Haptoglobin (HP) is an antioxidant of apolipoprotein E (APOE), and previous reports have shown HP binds with APOE and amyloid beta (Aβ) to aid its clearance. A common structural variant of the HP gene distinguishes it into two alleles: HP1 and HP2. Methods: HP genotypes were imputed in 29 cohorts from the Alzheimer's Disease Genetics Consortium (N = 20,512). Associations between the HP polymorphism and Alzheimer's disease (AD) risk and age of onset through APOE interactions were investigated using regression models. Results: The HP polymorphism significantly impacts AD risk in European-descent individuals (and in meta-analysis with African-descent individuals) by …

Effects Of Uv Radiation On Natural And Synthetic Materials, Laura S. Bruckman

Faculty Scholarship

The deleterious effects of solar ultraviolet (UV) radiation on construction materials, especially wood and plastics, and the consequent impacts on their useful lifetimes, are well documented in scientific literature. Any future increase in solar UV radiation and ambient temperature due to climate change will therefore shorten service lifetimes of materials, which will require higher levels of stabilisation or other interventions to maintain their lifetimes at the present levels. The implementation of the Montreal Protocol and its amendments on substances that deplete the ozone layer, controls the solar UV-B radiation received on Earth. This current quadrennial assessment provides a comprehensive update …

Poor Seizure Control Among Children Attending A Tertiary 8 Hospital In South Western Uganda – A Retrospective Study [Response To Letter], Martha Sajatovic

Faculty Scholarship

No abstract provided.

A Cross-Sectional Examination Of Wrist Wrap Use Prevalence And Characterization For Ergogenic Purposes In Actively Competing Powerlifters, Dillon Harris, Thomas Cardaci, Harry Cintineo, Richard Pham, Kristen Dunsmore, Leslee Funderburk, Steven Machek

Faculty Scholarship

Purpose: Wrist wraps are regularly incorporated by competitive powerlifters, but several product-specific variations may influence any potential ergogenic benefits. In addition, the prevalence of athletic wrist wrap use is hitherto undescribed.

Methods: Seventy actively competing powerlifters (n=70; 27±6y) who competed in the last two years were randomly recruited at sanctioned meets, whereby wrist wrap use descriptive data (wrap style [F or S], wrap length, and events used), wrap tightness (assessed via pulse oximeter-detected oxygen saturation (SpO2) and subjective discomfort [Borg CR10+]), as well as post-meet bench press one repetition maximum (1RM) were collected. Wrist wrap use prevalence data (wrap …

Exploring Niche Alteration In Nonprofit Organizations, Duncan J. Mayer, Robert L. Fischer

Faculty Scholarship

The organizational niche is a concept integral to organizational ecology, reflecting an organization’s mission, expertise, capacity, and resource requirements. The choice of niche is crucial to the viability of the organization; however, the reasons organizations alter their niche are poorly understood. We hypothesize that nonprofit organizations alter their niche to reduce environmental pressure and gain access to resources. The results indicate that niche alteration predicts increases in total revenue with average increases in revenue from program services and contributions (depending on the measure). Additionally, nonprofits that are younger, larger, and have more concentrated revenue, are more likely to alter their …

Factor In Fear: Interference Competition In Polymorphic Spadefoot Toad Tadpoles And Its Potential Role In Disruptive Selection, Ryan A. Martin

Faculty Scholarship

Disruptive selection arises when extreme phenotypes have a fitness advantage compared to more-intermediate phenotypes. Theory and evidence suggest that intraspecific resource competition is a key driver of disruptive selection. However, while competition can be indirect (exploitative) or direct (interference), the role of interference competition in disruptive selection has not been tested, and most models of disruptive selection assume exploitative competition. We experimentally investigated whether the type of competition affects the outcome of competitive interactions using a system where disruptive selection is common: Mexican spadefoot toads (Spea multiplicata). Spea tadpoles develop into alternative resource-use phenotypes: carnivores, which consume fairy shrimp and …

Cold Gas Disks In Main-Sequence Galaxies At Cosmic Noon: Low Turbulence, Flat Rotation Curves, And Disk-Halo Degeneracy, Stacy S. Mcgaugh

Faculty Scholarship

We study the dynamics of cold molecular gas in two main-sequence galaxies at cosmic noon (zC-488879 at z ≃ 1.47 and zC-400569 at z ≃ 2.24) using new high-resolution ALMA observations of multiple 12CO transitions. For zC-400569 we also reanalyze high-quality Hα data from the SINS/zC-SINF survey. We find that (1) both galaxies have regularly rotating CO disks and their rotation curves are flat out to ∼8 kpc contrary to previous results pointing to outer declines in the rotation speed Vrot; (2) the intrinsic velocity dispersions are low (σCO ≲ 15 km s-1 for CO and σHα ≲ 37 km …

Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson, Jack M. Beermann

Faculty Scholarship

In a prior article, see Jack Beermann & Gary Lawson, The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes, 16 FIU L. REV. 297 (2022), we argued that much of the 1877 Electoral Count Act unconstitutionally gave Congress a role in counting and certifying electoral votes. In 2022, Congress amended the statute to make it marginally more constitutional in some respects and significantly less constitutional in others. In response to a forthcoming article by Cass Sunstein defending the new Electoral Count …

Is Growth In Outstate Missouri Tied To Growth In The St. Louis And Kansas City Metro Areas?, Howard J. Wall

Faculty Scholarship

In a 2016 Show-Me Institute essay, Michael Podgursky and Nick Pretnar demonstrated the proportional importance to the state economy of Missouri’s two dominant metro areas.1 As they report, the St. Louis and Kansas City metro areas together account for well over half of Missouri’s economic output (64 percent of gross state product in 2013), indicating that the aggregate performance of the state economy is largely determined by the performance of the two metro areas’ economies. In this essay I take this idea a step further and examine whether there is more than simply a proportional relationship.

Specifically, I look at …

Utilizing Neurodiverse Workplace Strategies To Support The Growing Population Of Long Covid Cases In A Neuroinclusive Workplace: A Paradigm Shift For Neuroacquired Employees, Piper Hutson, James Hutson

Faculty Scholarship

The COVID-19 pandemic has led to the emergence of long COVID, a condition in which patients report persistent symptoms after recovering from acute SARS-CoV-2 infection. A review conducted by the National Institute for Health Research (NIHR) suggests that long COVID may actually consist of four different syndromes: post-intensive care syndrome, post-viral fatigue syndrome, and long-term COVID syndrome. The absence of a clear definition for this condition may lead to under-recognition and under-treatment of the symptoms experienced by those affected. Moreover, existing programs designed for neuro diverse individuals may be adapted to support the growing neuro acquired population. Communication strategies, such …

Racial Equality Compromises, Yuvraj Joshi

Faculty Scholarship

No abstract provided.