Digital Commons Network^™

A Nursing Approach To Self-Management Education For Individuals With Mental Illness And Diabetes, Edna Fuentes-Casiano, Martha Sajatovic

Faculty Scholarship

Patients with serious mental illness (SMI) and diabetes often seek care in primary care settings and have worse health outcomes than patients who have either illness alone. Individual, provider, and system-level barriers present challenges to addressing both psychiatric and medical comorbidities. This article describes the feasibility, acceptability, and implementation of Targeted Training and Illness Management (TTIM), a self-management intervention delivered by trained nurse educators and peer educators to groups of individuals with SMI and diabetes to improve self-management of both diseases. TTIM is intended to be delivered in a primary care setting. Findings are intended to support the future development …

An International Legal Framework To Address Antimicrobial Resistance, Steven J. Hoffman, Kevin Outterson, John-Arne Rottingen, Otto Cars, Charles Clift, Zain Rizvi, Fiona Rotberg, Göran Tomson, Anna Zorzet

Faculty Scholarship

Antimicrobial resistance is a growing threat to global health. Currently it accounts for approximately 700,000 deaths annually, but is predicted to cause as many as 10,000,000 deaths by 2050 if nothing is done to address it. To effectively deal with this problem three areas must be addressed simultaneously: access, conservation, and innovation. However, solving issues of access, conservation and innovation at the same time requires new coordination and financing mechanisms, some of which must be organized globally. This bulletin outlines the possible role that a binding international legal framework can play in the fight against antimicrobial resistance.

Judging Third-Party Funding, Victoria Sahani

Faculty Scholarship

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity—called a “third-party funder”—could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party’s legal representation in return for a profit. Third-party funding is a controversial, dynamic, and evolving phenomenon. The practice has attracted national headlines and the attention of the Advisory Committee on the Federal Rules of Civil Procedure (Advisory Committee). The Advisory Committee stated in a recent report that “judges currently have the power to obtain information about …

A Guide To Gathering And Using Legislative History In Massachusetts, Sean J. Kealy

Faculty Scholarship

Lawyers must have the ability to interpret statutory language. Whether during criminal or civil litigation, advising a client on recent statutory changes or appearing before an administrative agency, the importance of statutes to the modern legal world is unquestioned. Although some jurists, notably Justice Antonin Scalia, question whether there can be such a thing as "legislative intent" and disregard materials that may be instructive to the court, most jurisdictions not only accept evidence of legislative intent, but seek it out.

Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner

Faculty Scholarship

What kinds of health information should be reported to government for civil purposes? Several competing trends encourage efforts to reassess the scope of constitutional protection for health information: the social and commercial value of health information; the amount of data held by third parties, from health care providers to internet servers; critiques of the third party doctrine exception to Fourth Amendment protection; and concerns about the loss of privacy. This article describes a variety of civil purposes for which health information is collected today. A close analysis of cases applying the third party doctrine, administrative search principles, and the special …

Health Care And The Myth Of Self-Reliance, Nicole Huberfeld, Jessica L. Roberts

Faculty Scholarship

Both pillars of the Affordable Care Act that are designed to facilitate universal coverage — the low-income tax subsidy and Medicaid expansion — have been subject to high-profile Supreme Court cases. While in King v. Burwell the Court saved the ACA’s low-income subsidy, in NFIB v. Sebelius the Court frustrated Medicaid expansion, at least temporarily. We argue that there is a deeper story about health care access for the poor. Drawing from the history of the American health care system, vulnerability theory, and demographic data, we demonstrate that all Americans lead subsidized lives and could find themselves quickly moving from …

Lawyers And The Secret Welfare State, Milan Markovic

Faculty Scholarship

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.

A Well-Kept Treasure At Depth: Precious Red Coral Rediscovered In Atlantic Deep Coral Gardens (Sw Portugal) After 300 Years., Joana Boavida, Diogo Paulo, Didier Aurelle, Sophie Arnaud-Haond, Christian Marschal, John K. Reed, Jorge M. S. Gonçalves, Ester A. Serrao, Roberto Pronzato

Faculty Scholarship

The highly valuable red coral Corallium rubrum is listed in several Mediterranean Conventions for species protection and management since the 1980s. Yet, the lack of data about its Atlantic distribution has hindered its protection there. This culminated in the recent discovery of poaching activities harvesting tens of kg of coral per day from deep rocky reefs off SW Portugal. Red coral was irregularly exploited in Portugal between the 1200s and 1700s, until the fishery collapsed. Its occurrence has not been reported for the last 300 years.

Brief For Professors As Amicus Curiae, Husky International Electronics Inc. V. Daniel Lee Ritz Jr., Laura Spitz

Faculty Scholarship

The amici submit that asking whether a misrepresentation is an essential element of an “actual fraud” under section 523(a)(2)(A) disguises Petitioner’s false presupposition, namely, that a debt arising from a transfer made to hinder, delay or defraud creditors is capable of being within the scope of section 523(a)(2)(A)’s “actual fraud” provision and thus excepted from a discharge later received by a chapter 7 debtor under section 727(a). That false presupposition leads to an unnecessary inquiry whether a misrepresentation is required for a fraudulent transfer to constitute an “actual fraud” under section 523(a)(2)(A). The amici would avoid that entire inquiry. They …

Economic Espionage As Reality Or Rhetoric: Equating Trade Secrecy With National Security, Rochelle Cooper Dreyfuss, Orly Lobel

Faculty Scholarship

In the last few years, the Economic Espionage Act (EEA), a 1996 statute that criminalizes trade secrecy misappropriation, was amended twice, once to increase the penalties and once to expand the definition of trade secrets and the types of behaviors that are illegal. Recent developments also reveal a pattern of expansion in investigation, indictments, and convictions under the EEA as well as the devotion of large resources by the FBI and other agencies to warn private industry against the global threats of trade secret theft. At the international level, the United States government has been advocating enhanced levels of trade …

Adsorption And Unfolding Of A Single Protein Triggers Nanoparticle Aggregation, Lydia Kisley

Faculty Scholarship

The response of living systems to nanoparticles is thought to depend on the protein corona, which forms shortly after exposure to physiological fluids and which is linked to a wide array of pathophysiologies. A mechanistic understanding of the dynamic interaction between proteins and nanoparticles and thus the biological fate of nanoparticles and associated proteins is, however, often missing mainly due to the inadequacies in current ensemble experimental approaches. Through the application of a variety of single molecule and single particle spectroscopic techniques in combination with ensemble level characterization tools, we identified different interaction pathways between gold nanorods and bovine serum …

The Small Scatter Of The Baryonic Tully-Fisher Relation, Federico Lelli, Stacy S. Mcgaugh

Faculty Scholarship

In a Γ cold dark matter (ΓCDM) cosmology, the baryonic TullyFisher relation (BTFR) is expected to show significant intrinsic scatter resulting from the massconcentration relation of dark matter halos and the baryonic-tohalo mass ratio. We study the BTFR using a sample of 118 disk galaxies (spirals and irregulars) with data of the highest quality: extended H I rotation curves (tracing the outer velocity) and Spitzer photometry at 3.6 μm (tracing the stellar mass). Assuming that the stellar mass-to-light ratio (Υ∗) is nearly constant at 3.6 μm, we find that the scatter, slope, and normalization of the BTFR systematically vary with …

Poor Drug Adherence And Lack Of Awareness Of Hypertension Among Hypertensive Stroke Patients In Kampala, Uganda: A Cross Sectional Study Neurology, Martha Sajatovic, Cathy Sila, Michael Degeorgia

Faculty Scholarship

Background: Raised blood pressure (BP) remains an important risk factor for cardiovascular diseases such as stroke. Adherence to therapeutic recommendations especially antihypertensive drugs is important in BP control. The aim of the study was to assess the stroke risk factors and levels of adherence among hypertensive patients with stroke in Kampala Uganda. Methods: In a cross-sectional study we describe 112 hypertensive subjects with stroke from two Kampala city hospitals. A standardized pre-tested questionnaire was used to collect medical history, clinical details, radiological findings and laboratory data. Results: A total of 112 hypertensive subjects with stroke were enrolled between May 2013 …

"The Living, The Dead, The Undecided": An Annotated Bibliography Of Law Review Articles Dealing With The Law Of Absentees And Returness, Robert Jarvis, Megan Chaney

Faculty Scholarship

Over the years, the legal problems by absentees and returnees have attracted attention of scores of law review authors.

Gambling In American Prisons, Robert Jarvis

Faculty Scholarship

GAMBLING TAKES PLACE IN EVERY PRISON in the United States.

Teaching The Digital Caveman: Rethinking The Use Of Classroom Technology In Law School, James Levy

Faculty Scholarship

Law students who have never lived in a world without computers or the Internet are known as "digital natives."

What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg

Faculty Scholarship

Mediation and other alternative dispute resolution (ADR) processes are now well integrated into the United States judicial system, in both civil and criminal cases. This white paper, drafted for the American Bar Association Commission on the Future of Legal Services, summarizes empirical evidence about the costs and benefits of court-annexed ADR. The first-generation of ADR research found that mediation and other ADR processes resulted in high party satisfaction rates, high settlement rates, cost savings and efficiency, increased long-term cooperation among the parties, and higher compliance rates with the outcome. The paper then examines a ground-breaking study conducted by the Maryland …

The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin

Faculty Scholarship

The longstanding debate over the relative merits of adversarial and communitarian theories of legal dispute bargaining has been in somewhat of a holding pattern for several years, but recent research in the field of cognitive neuroscience may break the logjam. Laboratory experiments and case studies in that field have shown how dispositions and capacities for social cooperation inherited from natural selection and evolution predispose humans to configure disputing as a mixture of argument over factual reality, disagreement over the interpretation of normative standards, and a search for impartial resolutions that protect the interests of everyone involved equally. This neurobiological inheritance …

Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz

Faculty Scholarship

This is the accepted version of the article. The final published version is available at

https://journals.sagepub.com/doi/abs/10.1177/0098858816644715

Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones

Faculty Scholarship

This Article presents an empirical analysis of how race, income inequality, the regional history of the South, and state politics affect the development of tort law. Beginning in the mid-1960s, most state appellate courts rejected doctrines such as contributory negligence that traditionally prevented plaintiffs’ cases from reaching the jury. We examine why some, mostly Southern states did not join this trend.

To enable cross-state comparisons, we design an innovative Jury Access Denial Index (JADI) that quantifies the extent to which each state’s tort doctrines enable judges to dismiss cases before they reach the jury. We then conduct a multivariate analysis …

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

Faculty Scholarship

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices engage everyone in …

Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg

Faculty Scholarship

No abstract provided.

Standing In The Judge’S Shoes: Exploring Techniques To Help Legal Writers More Fully Address The Needs Of Their Audience, Sherri Keene

Faculty Scholarship

No abstract provided.

The Target Method For Partnership Special Allocations And Why It Should Be Safe-Harbored, Daniel S. Goldberg

Faculty Scholarship

The Treasury Regulations’ concept of “substantial economic effect” is the holy grail of partnership special allocations. Special allocations that have substantial economic effect will come within a safe harbor in the regulations and have assurance that the allocations that are provided in the partnership agreement will be respected. In order for the allocations to come within the substantial economic effect safe harbor, the partnership must (1) maintain capital accounts in accordance with the Treasury Regulations’ standard; (2) provide for liquidation in accordance with capital accounts in all events; and (3) either (a) provide for a deficit restoration obligation (DRO) on …

Disciplining Corporate Boards And Debtholders Through Targeted Proxy Access, Michelle M. Harner

Faculty Scholarship

Corporate directors committed to a failed business strategy or unduly influenced by the company’s debtholders need a dissenting voice—they need shareholder nominees on the board. This article examines the bias, conflicts, and external factors that impact board decisions, particularly when a company faces financial distress. It challenges the conventional wisdom that debt disciplines management, and it suggests that, in certain circumstances, the company would benefit from having the shareholders’ perspective more actively represented on the board. To that end, the article proposes a bylaw that would give shareholders the ability to nominate directors upon the occurrence of predefined events. Such …

How Criminal Law Can Help Save The Environment, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Helping Our Students Reach Their Full Potential: The Insidious Consequences Of Stereotype Threat, Russell A. Mcclain

Faculty Scholarship

No abstract provided.

Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Drinking From The Data Well: Response To Gamete Donor Anonymity And Limits On Numbers Of Offspring: The Views Of Three Stakeholders, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Access To Essential Medicines In African Countries: An Introduction, Peter G. Danchin, Diane Hoffmann

Faculty Scholarship

No abstract provided.