Digital Commons Network^™

Adding Principle To Pragmatism: The Transformative Potential Of "Medicare-For-All" In Post-Pandemic Health Reform, William M. Sage

Faculty Scholarship

“Medicare-for-All” should be more than a badge of political identity or opposition. This Article examines the concept’s potential to catalyze policy innovation in the U.S. health care system. After suggesting that the half century of existing Medicare has been as much “Gilded Age” as “Golden Age,” the Article arrays the operational possibilities for a Medicare-for-All initiative. It revisits America’s recent history of pragmatic rather than principled health policy, and identifies professional and political barriers to more sweeping reform. It focuses on four aspects of health policy that have become apparent: simultaneous inefficiency and injustice in medical care, neglect of the …

A Radical, Subaltern Chorus: Saidiya Hartman’S Album Of Rebellious Young Black Women, Linda C. Mcclain

Faculty Scholarship

Saidiya Hartman opens her powerful and lyrical Wayward Lives, Beautiful Experiments: Intimate Histories of Social Upheaval with an epigraph from Harlem Renaissance author Nella Larsen’s Quicksand: “She was, she knew, in a queer indefinite way, a disturbing factor.” As I read Hartman’s brilliant narrative recreation of the voices, words, and intimate lives of “young black women,” at the turn of the twentieth century, as they sought “to create autonomous and beautiful lives, to escape the new forms of servitude awaiting them, and to live as if they were free” (P. xiii), another Harlem Renaissance novel came to mind: Jessie …

Harvard Crimson Interviews Vinay Harpalani, Students For Fair Admissions Petitions Scotus To Take Up Suit Against Harvard’S Race-Conscious Admissions, Vinay Harpalani, Vivi E. Lu

Faculty Scholarship

University of New Mexico law professor Vinay Harpalani and Dana N. Thompson-Dorsey, chair of education innovation at the University of South Florida, told the Crimson in January that if the Supreme Court were to take up the case, the practice of affirmative action could be endangered, noting the court’s conservative composition.

Computationally-Efficient Spatiotemporal Correlation Analysis Super-Resolves Anomalous Diffusion, Shawn Yoshida, William Schmid, Nam Vo, William Calabrase, Lydia Kisley

Faculty Scholarship

Anomalous diffusion dynamics in confined nanoenvironments govern the macroscale properties and interactions of many biophysical and material systems. Currently, it is difficult to quantitatively link the nanoscale structure of porous media to anomalous diffusion within them. Fluorescence correlation spectroscopy super-resolution optical fluctuation imaging (fcsSOFI) has been shown to extract nanoscale structure and Brownian diffusion dynamics within gels, liquid crystals, and polymers, but has limitations which hinder its wider application to more diverse, biophysically-relevant datasets. Here, we parallelize the least-squares curve fitting step on a GPU improving computation times by up to a factor of 40, implement anomalous diffusion and two-component …

Detailed Data About A Forty-Year Systematic Review And Meta-Analysis On Nursing Student Academic Outcomes, Celeste Marie Alfes

Faculty Scholarship

Data were extracted from observational studies describing undergraduate nursing students’ academic outcomes that were included in a systematic review and meta-analysis conducted in 2019 and updated in 2020 [1]. Data were extracted by two researchers independently through a previously tested electronic spreadsheet; any disagreement about data extraction was discussed with a third author. Extracted data were studies’ general information, characteristics (i.e., country, study design, involved centers, number of cohort of students involved, duration (years) and denomination of the program attended, sample (N), sociodemographic characteristics of the sample, and methods utilized for data collection), and data related to the research question(s) …

Patent Fake News, Jack M. Beermann

Faculty Scholarship

Complaints about the patent system are legion. Critics complain that it is too easy to get a patent, that it is too easy to challenge an existing patent, that many patent denials are rationally inexplicable, that aggressive enforcement of patents stifles innovation, that patent trolls abuse the system to extort money from innocent users of widespread technology, and that inventors leverage modest modifications of existing patents to extend the patent period beyond intended legislative limits. While Janet Freilich’s forthcoming article, Ignoring Information Quality, may not reveal the root of all patent evil, it illuminates an important problem in the …

Examining The Causal Impact Of Prenatal Home Visiting On Birth Outcomes: A Propensity Score Analysis, Elizabeth R. Anthony, Robert L. Fischer

Faculty Scholarship

Objectives: In Ohio, African American babies die at 2.5–3 times the rate of White babies. Preterm birth and low birth weight are the leading causes of infant mortality. Home visiting is an evidence-based strategy for serving low-income pregnant women; however, there are relatively few rigorous studies examining its effect on birth outcomes. Methods: This study uses a propensity score technique to estimate the causal effect of participation in home visiting on prematurity and low birth weight among a low-income, predominantly African American sample (N = 26,814). Results: We found that participation in home visiting significantly reduced the odds of experiencing …

Robust Inference Of Kinase Activity Using Functional Networks, Serhan Yılmaz, Daniela M. Schlatzer, Mark R. Chance, Mehmet Koyutürk

Faculty Scholarship

Mass spectrometry enables high-throughput screening of phosphoproteins across a broad range of biological contexts. When complemented by computational algorithms, phospho-proteomic data allows the inference of kinase activity, facilitating the identification of dysregulated kinases in various diseases including cancer, Alzheimer’s disease and Parkinson’s disease. To enhance the reliability of kinase activity inference, we present a network-based framework, RoKAI, that integrates various sources of functional information to capture coordinated changes in signaling. Through computational experiments, we show that phosphorylation of sites in the functional neighborhood of a kinase are significantly predictive of its activity. The incorporation of this knowledge in RoKAI consistently …

A Cautionary Tale In Fitting Galaxy Rotation Curves With Bayesian Techniques: Does Newton's Constant Vary From Galaxy To Galaxy?, Pengfei Li, Stacy Mcgaugh

Faculty Scholarship

The application of Bayesian techniques to astronomical data is generally non-trivial because the fitting parameters can be strongly degenerated and the formal uncertainties are themselves uncertain. An example is provided by the contradictory claims over the presence or absence of a universal acceleration scale (g†) in galaxies based on Bayesian fits to rotation curves. To illustrate this we present an analysis in which the Newtonian gravitational constant GN is allowed to vary from galaxy to galaxy when fitting rotation curves from the SPARC database, in analogy to g† in the recently debated Bayesian analyses. When imposing flat priors on GN, …

Boosting Student Motivation Through Connected Reflection, Gillian Parrish

Faculty Scholarship

Universities are mandated to be the ultimate “learning culture,” powered by faculty who embody lifelong learning. We know that reflection is essential to learning; it’s the foundation of “continuous improvement,” that ceaseless cultivation of our skills and spirits as we work in the world. And this year, our reflection comes in time of global crisis—all the more reason to reflect on what matters most in our lives and our students’ lives, in our communities, and in our teaching and learning within our courses.

Albuquerque Journal Interviews Gabriel Pacyniak, Bill Would Help Indebted Utility Customers, Gabriel Pacyniak, Kevin Robinson-Avila

Faculty Scholarship

Bill supporters, however, say only the Legislature can authorize debt forgiveness. And that’s critical for low-income households whose individual arrears now range from $400 to $1,000 and counting as the pandemic stretches on, creating a “disconnection cliff” that will kick in when the moratorium ends, said Gabe Pacyniak, a University of New Mexico associate law professor who helped draft the bill.

“Customers will have to pay off all their arrears or be disconnected,” Pacyniak said. “… This gives low-income consumers time to pay their bills, plus assistance through debt forgiveness to dig themselves out of the hole they’re now in.”

Harvard Crimson Interviews Vinay Harpalani: Justice Department Drops Yale Admissions Lawsuit, Signifying Likely Shift In Harvard Suit, Vinay Harpalani, Raquel Coronell Uribe, Jasper Goodman

Faculty Scholarship

The Department of Justice on Wednesday dropped a lawsuit against Yale alleging discrimination in its admissions practices. Experts said it indicated the DOJ will likely withdraw support for a similar suit against Harvard.

Vinay Harpalani, a law professor at the University of New Mexico, said he thinks such a move would make it “slightly less likely” that the court will hear the case, “if anything.”

“It’s sending a bit of a message that the Biden administration’s DOJ is on the side of affirmative action, they’re on the side of Harvard, they’re going to help make these arguments. And the political …

Investigating Music-Based Cognitive Rehabilitation For Individuals With Moderate To Severe Chronic Acquired Brain Injury: A Feasibility Experiment, Nicole M. Richard Williams

Faculty Scholarship

Background: Acquired brain injuries often cause cognitive impairment, significantly impacting participation in rehabilitation and activities of daily living. Music can influence brain function, and thus may serve as a uniquely powerful cognitive rehabilitation intervention. Objective: This feasibility study investigated the potential effectiveness of music-based cognitive rehabilitation for adults with chronic acquired brain injury. Methods: The control group participated in three Attention Process Training (APT) sessions, while the experimental group participated in three Music Attention Control Training (MACT) sessions. Pre-and post- testing used the Trail Making A & B, Digit Symbol, and Brown-Peterson Task as neuropsychological tests. Results: ANOVA analyses showed …

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Gambling And The U.S. Immigration Laws, Robert Jarvis

Faculty Scholarship

No abstract provided.

Creatine Supplementation In Children And Adolescents, Andrew R. Jagim, Chad M. Kerksick

Faculty Scholarship

Creatine is a popular ergogenic aid among athletic populations with consistent evidence indicating that creatine supplementation also continues to be commonly used among adolescent populations. In addition, the evidence base supporting the therapeutic benefits of creatine supplementation for a plethora of clinical applications in both adults and children continues to grow. Among pediatric populations, a strong rationale exists for creatine to afford therapeutic benefits pertaining to multiple neuromuscular and metabolic disorders, with preliminary evidence for other subsets of clinical populations as well. Despite the strong evidence supporting the efficacy and safety of creatine supplementation among adult populations, less is known …

The Political Economy Of Enforcer Liability For Wrongful Police Stops, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This article questions whether excessive policing practices can persist in an environment where law enforcement policies are subject to political pressures. Specifically, it considers a setting where the police decide whether to conduct stops based on the suspiciousness of a person's behavior and the potential liability for conducting a wrongful stop. We establish that the liability level that results in a voting equilibrium is smaller than optimal, and consequently, that excessive policing practices emerge in equilibrium.

Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh

Faculty Scholarship

Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …

A Unified Theory Of Data, William Magnuson

Faculty Scholarship

How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our regulatory structures. But just what those problems might be remains an area of deep disagreement. Some argue that the problem with data is that current uses lead to discriminatory results that harm minority groups. Some argue that the problem with data is that it impinges on …

California V. Texas: The Role Of Congressional Procedure In Severability Doctrine, Mary Leto Pareja

Faculty Scholarship

The United States Supreme Court is once again considering a case that challenges the constitutionality of the Affordable Care Act (“ACA”). In this round of litigation, plaintiffs argue that because Congress lowered the individual mandate tax penalty to zero in the 2017 Tax Act that makes the individual mandate itself unconstitutional and that, furthermore, the individual mandate cannot be severed from the rest of the ACA. The District Court agreed with the plaintiffs and struck down the entire ACA, and the Supreme Court granted cert to hear this momentous question. A decision is expected by summer of 2021.

The ACA …

Three Deft Kicks To The Problem Of Cyberbullying, Anita Bernstein

Faculty Scholarship

No abstract provided.

Mandating Disclosure Of Climate-Related Financial Risk, Madison Condon, Sarah Ladin, Jack Lienke, Michael Panfil, Alexander Song

Faculty Scholarship

Climate change presents grave risk across the U.S. economy, including to corporations, their investors, the markets in which they operate, and the American public at large. Unlike other financial risks, however, climate risk is not routinely disclosed to the public. Insufficient corporate disclosures have persisted despite the Securities and Exchange Commission’s (“SEC”) issuance of regulatory guidance on the topic, the emergence of voluntary disclosure frameworks and standards, and growing calls from major investors for improved disclosure. Given the inadequacy of the current regime, the SEC should take further action to fulfill its statutory mandate to protect investors and promote efficiency, …

The (Joseph) Stories Of Newmyer And Cover: Hero Or Tragedy?, Jed Handelsman Shugerman

Faculty Scholarship

Kent Newmyer's classics Supreme Court Justice Joseph Story: Statesman of the Old Republic and John Marshall and the Heroic Age of the Supreme Court are important stories about the architects and heroes of the rule of law in America. In Newmyer's account, Story played a crucial role preserving the republic and building a legal nation out of rival states, and Newmyer's Story is fundamentally important for students of American history. But in Robert Cover's account in Justice Accused on northern judges' deference to slavery, Story is an anti-hero. Sometimes Story stayed silent. In Prigg v. Pennsylvania, Story overvalued formalistic …

Palliative Nursing: The Core Of Covid-19 Care, Polly Mazanec

Faculty Scholarship

No abstract provided.

“Trumping” Affirmative Action, Vinay Harpalani

Faculty Scholarship

This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by …

Anomalous Stellar Populations In Low-Surface-Brightness Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We present new Hubble Space Telescope WFC3 near-IR observations of the color-magnitude diagrams (CMDs) in two low-surface-brightness galaxies, F575-3 and F615-1, notable for having no current star formation based on a lack of Ha emission. Key features of the near-IR CMDs are resolved, such as the red giant branch (RGB), the asymptotic giant branch (AGB) region, and the top of the blue main sequence. F575-3 has the bluest RGB of any CMD in the literature, indicating an extremely low mean metallicity. F615-1 has unusually wide RGB and AGB sequences, suggesting multiple episodes of star formation from metal-poor gas, and possibly …

The Constitution, The Common Good, And The Ambition Of Adrian Vermeule, Sotirios Barber, Stephen Macedo, James E. Fleming

Faculty Scholarship

Public trust in the U.S. government has declined steadily over the last sixty years, from 73% in 1958 to 17% in 2018 (Pew 12/9/20). Public support for the U.S. Constitution has remained higher. When support for the government dipped to an all-time low of 15% in 2010, support for the Constitution stood at 74%. But the gap has narrowed. From 2010 to 2017 support for the Constitution fell from 74% to around 50%—a drop of 24 points in seven years (AP/NCC 8/12; Rasmussen 2017). These figures suggest that if Americans continue to believe that their government isn’t working, they’ll eventually …

A ‘No Exceptions’ Tax System For The 21st Century, Stephen G. Marks

Faculty Scholarship

With a new administration come new opportunities. Here I present a tax proposal that I believe could garner support on both sides of the aisle. It has elements of the negative income tax, first proposed by conservative economist Milton Friedman; the flat tax (also called the “fair tax”), supported by many conservatives; and a universal basic income, promoted by Democrat Andrew Yang, combined in a way that is of the utmost simplicity. Call it the “No Exceptions Tax” (NExT). NExT is a federal personal income tax that replaces the current one. Here’s how it works

Intergenerative Transdisciplinarity In “Glocal” Learning And Collaboration, Peter J. Whitehouse

Faculty Scholarship

In this report, authors from North America, Africa, Europe, and Asia share commonalities and differences in the lessons we are learning from COVID-19, especially about scholarship and collaboration. We represent different ages and disciplines hence our focus on intergenerational perspectives and transdisciplinary considerations. Our work is intergenerative{that is going "between to go beyond" by connecting creative sources of culture and focusing on the emergent, that is responding to changes in the context in which we work. And importantly in our view, we will point beyond whatever the next phase of COVID or even the next pandemic brings to a more …

Harvard Crimson Interviews Vinay Harpalani: ‘Complete Switch In Position’: Legal Experts Say Biden Likely To Back Harvard In Race-Conscious Admissions Suit, Vinay Harpalani, Benjamin L. Fu, Vivi E. Lu

Faculty Scholarship

Many education and legal experts expect President-elect Joe Biden's Justice Department will extend support to universities — including Harvard — currently embroiled in legal challenges from anti-affirmative action group Students for Fair Admissions.

--

Vinay Harpalani, a law professor at the University of New Mexico, said he believes the Department of Justice will reverse course and file an amicus brief in support of Harvard if the case is appealed even further.

“If the case goes to the U.S. Supreme Court, I would expect the Biden administration to file an amicus brief in favor of Harvard — so complete switch in …