Digital Commons Network^™

A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett

Journal Articles

Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …

Secondary Cutaneous Plasmacytoma In A Patient With Multiple Myeloma, Joshua M. Levin Md, Christian W. Oram Do

Department of Medicine

No abstract provided.

'The Freedom Of The Church': (Towards) An Exposition, Translation, And Defense, Richard W. Garnett

Journal Articles

This Article was presented at a conference, and is part of a symposium, on the topic of "Freedom of the Church in the Modern Era." In addition to summarizing and re-stating claims made by the author in earlier work – claims having to do with, among other things, church-state separation, the no-establishment rule, legal and social pluralism, and the structural role played by religious and other institutions – the Article attempts to strengthen the argument that the idea of “the freedom of the church” (or something like it) is not a relic or anachronism but instead remains a crucial component …

Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications, Daniel B. Kelly

Journal Articles

The organizing principle of American succession law — testamentary freedom — gives decedents a nearly unrestricted right to dispose of property. After surveying the justifications for testamentary freedom, I examine the circumstances in which it may be socially beneficial for courts to alter wills, trusts, and other gratuitous transfers at death: imperfect information, negative externalities, and intergenerational equity. These justifications correspond with many existing limitations on the freedom of testation. Yet, disregarding donor intent to maximize the donees’ ex post interests, an increasingly common justification for intervention, is socially undesirable. Doing so ignores important ex ante considerations, including a donor’s …

Predictors Of The Number Of Under-Five Malnourished Children In Bangladesh: Application Of The Generalized Poisson Regression Model, Mohammad Mafijul Islam, Morshed Alam, Md Tariquzaman, Mohammad Alamgir Kabir, Rokhsona Pervin, Munni Begum, Md Mobarak Hossain Khan

Journal Articles: Biostatistics

BACKGROUND: Malnutrition is one of the principal causes of child mortality in developing countries including Bangladesh. According to our knowledge, most of the available studies, that addressed the issue of malnutrition among under-five children, considered the categorical (dichotomous/polychotomous) outcome variables and applied logistic regression (binary/multinomial) to find their predictors. In this study malnutrition variable (i.e. outcome) is defined as the number of under-five malnourished children in a family, which is a non-negative count variable. The purposes of the study are (i) to demonstrate the applicability of the generalized Poisson regression (GPR) model as an alternative of other statistical methods and …

Ogwehoweneha: A Hodinohsonih Research Methodology, Darren Thomas

Theses and Dissertations (Comprehensive)

Critical pathways for the liberation of Indigenous populations will come from “re-membering” our Indigenous ways of knowing, “decolonizing” the Indigenous mind and “re-building” our Nations. Indigenizing the academy allows our original ways of knowing to create space, for Indigenous scholarship to reclaim Indigenous knowledge and reality. By visiting with Hodinǫhśǫ:nih knowledge holders, this MA thesis translates the nature of Hodinǫhśǫ:nih reality, ways of knowing, values, and methods of acquiring knowledge into an Indigenous research methodology. By the ongoing introduction of Indigenous knowledge into a theoretical positioning within the academy, creates opportunity for continued Indigenous knowledge-generation through Indigenous methodologies. Indigenous research …

Identification Of Potential Synthetic Lethal Genes To P53 Using A Computational Biology Approach, Xiaosheng Wang, Richard Simon

Journal Articles: Genetics, Cell Biology & Anatomy

BACKGROUND:

Identification of genes that are synthetic lethal to p53 is an important strategy for anticancer therapy as p53 mutations have been reported to occur in more than half of all human cancer cases. Although genome-wide RNAi screening is an effective approach to finding synthetic lethal genes, it is costly and labor-intensive.

METHODS:

To illustrate this approach, we identified potentially druggable genes synthetically lethal for p53 using three microarray datasets for gene expression profiles of the NCI-60 cancer cell lines, one next-generation sequencing (RNA-Seq) dataset from the Cancer Genome Atlas (TCGA) project, and one gene expression data from the Cancer …

Interprofessional Education At Unmc: Annual Report 2012-2013, University Of Nebraska Medical Center

Annual Reports: Interprofessional Education

No abstract provided.

Evaluation Of The Osha Local Emphasis Program (Lep) For Logging In West Virginia, Olukemi O. Alonge

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research aimed at an improved method for evaluating the West Virginia Occupational Safety and Health Administration's Local Emphasis Program (WV OSHA LEP) for Logging in West Virginia. The LEP currently uses for assessment: loggers' training, inspections at logging sites, number of fatalities and 75% of loggers' participation to determine the program's effectiveness annually. The research here proposes the use of a larger data capture to evaluate the impact of the LEP on loggers' safety.;A heuristic method using the Iceberg model of safety was applied to assess loggers' safety based on the desired safety outcome measures outlined in the OSHA …

Emotion Regulation And Threat Estimation As Mediators Of The Relation Between Cognitive Functioning And Anxiety In Late Life, Caroline M. Ciliberti

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Rates of anxiety are generally thought to decline in typically aging older adults. Some theorize that this decline is a result of age-related improvements in emotion regulation. Emotion regulation may require the use of complex cognitive processes, however, which can be impacted by cognitive decline. Indeed, the prevalence of anxiety is high among older adults with cognitive impairment. The current study examined emotion regulation and threat perception as possible mediators in the relation between cognitive functioning and anxiety.;Methods: One hundred adults, aged 60 and older, were recruited from nursing homes, assisted living facilities, and the community. All were asked …

Translating For Linguistic Minorities In Northern Ireland: A Look At Translation Policy In The Judiciary, Healthcare, And Local Government, Gabriel Gonzalez Nunez

Writing and Language Studies Faculty Publications

Europe as a multilingual continent hosts three main types of languages: dominant languages, autochthonous minority languages, and new minority languages. From a policy standpoint, planning for speakers of these languages and their needs become a complex matter in which many actors with different interests are involved. Of the many issues which policy-makers must deal with, the role of translation is often unexplored. However, in any multilingual territory, the adoption of a language policy implies decisions whether to translate or not. With that understanding, this paper explores the role of translation in language policy in Northern Ireland. By doing so, we …

Early Identification Of At-Risk Lpn-To-Rn Students, Lisa K. Hawthorne Phd, Msn, Rn, Phn, Cne,

Dissertations

Nurse education programs are implementing standardized assessments without evaluating their effectiveness. Graduates of associate degree nursing programs continue to be unsuccessful with licensure examinations, despite standardized testing and stronger admission criteria. This problem is also prevalent for LPN-to-RN education programs due to a lack of research on this group of graduates, who by all accounts should be successful in nursing education based on their work experience and prior nursing education. Findings of this quantitative, non-experimental descriptive correlational study are presented to determine the effectiveness of standardized testing from Assessment Technologies Institute (ATI) as it relates to identifying at-risk LPN-RN students …

Transsexual And Intersex Athletes, Erin Buzuvis

Faculty Scholarship

In her chapter, the Author examines the impact of both past and present policies enacted by many sport organizations, such as the International Olympic Committee (IOC) on intersex and transsexual athletes. At the root of many of these policies, and therefore the issues, are the binary gender system and the concern that fraudulent competitors could gain an advantage relative to the rest of the field. While no longer mandatory, women athletes are still subject to varying degrees of sex verification testing on a case-by-case basis, as evidenced by the 2009 testing of South African runner, Caster Semenya.

Recent policies point …

Becoming Director: An Internal Candidate's View, Pat Newcombe, James M. Donovan

Faculty Scholarship

Within the literature on moving into library directorships, the track of the internal candidate is largely ignored. The purpose of this paper is to address this gap through description and analysis of the experiences of a successful inside candidate for the position of law library director.

A Name Of One’S Own: The Spousal Permission Requirement And The Persistence Of Patriarchy, Beth D. Cohen

Faculty Scholarship

This Article addresses a discrete but inequitable issue in the area of name-change law. As the law currently operates in Massachusetts, the process by which a married person, usually a woman, can seek a legal name change requires signed permission—the written assent of a spouse. In the absence of such signed permission or spousal consent, a married person seeking a name change is required to serve his or her spouse by certified mail, as an adversary, in what is otherwise typically a nonadversarial administrative legal process. This requirement of spousal notification and consent, although gender neutral on its face, has …

In Denial: The Role Of Law In Preparing For Death, Barbara A. Noah

Faculty Scholarship

Only approximately 20% of Americans have engaged in any form of advance care planning and, even among older Americans, the process frequently is delayed until an acute illness provides sufficient pressure to act. End of life law, though flawed, offers some opportunity to express individual values and preferences via advance directives of various kinds in order to prepare for death before it is imminent. Yet many people avoid making these preparations because the thought of death is uncomfortable to confront. This Article considers the utility of existing law in preventing and resolving end of life disputes and avoiding over-utilization of …

"On The Basis Of Sex": Using Title Ix To Protect Transgender Students From Discrimination In Education, Erin E. Buzuvis

Faculty Scholarship

Transgender students are vulnerable to discrimination, exclusion, and harassment, and it is not clear to what extent this discrimination is prohibited by law. Title IX, the federal law prohibiting discrimination "on the basis of sex" in federally-funded schools, does not expressly prohibit discrimination against transgender students. Yet it is possible to interpret the prohibition on sex discrimination in a number of different ways that would make the law available to transgender plaintiffs in some, many, or all cases of discrimination otherwise covered by the statute. Since Title IX has only been invoked in a handful of transgender rights cases, litigants …

Symposium: Introduction: The Fortieth Anniversary Of Title Ix, Erin E. Buzuvis

Faculty Scholarship

The five articles in this Symposium issue reflect on harassment and bullying in schools, the equal treatment of a high school girls basketball team, and an annotated bibliography on the subject. The articles speak to the effectiveness of Title IX legislation.

Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi

Faculty Scholarship

If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal …

Primary Care Physician Assistants In Nebraska, Soumitra S. Bhuyan, Marlene Deras, Tamara S. Ritsema, Michael J. Huckabee, Jim P. Stimpson

Reports: Center for Health Policy

No abstract provided.

Center For Health Policy Inaugural Report, Jim P. Stimpson

Reports: Center for Health Policy

No abstract provided.

Regulatory Capabilities: A Normative Framework For Assessing The Distributional Effects Of Regulation, Katharina Pistor, Fabrizio Cafaggi

Faculty Scholarship

This paper develops the normative concept of "regulatory capabilities", which asserts that nobody – individuals, groups or entities – should be subjected to a regulatory regime – public or private, domestic or transnational – without some freedom to choose. Choice in this context means the ability to accept or reject a regulatory regime imposed by others or to create an alternative one. A mere formal option is not sufficient; the freedom to choose requires real alternatives. The concept of regulatory capabilities has particular traction in the transnational context where private, hybrid public-private and public actors compete for influence, shape domestic …

The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt

Faculty Scholarship

This draft analyzes the birth and emergence of the idea of the “criminal justice system” in the 1960s and the fundamentally transformative effect that the idea of a “system” has had in the area of criminal law and criminal procedure. The manuscript develops a critique of the systems analytic approach to legal and policy decision making. It then discusses how that critique relates to the broader area of public policy and contemporary cost-benefit analysis.

The draft identifies what it calls “the systems fallacy” or the central problem with approaching policy questions from a systems analytic approach: namely, the hidden normative …

Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Joshua Gupta-Kagan

Faculty Scholarship

This Article will address several issues raised by Missouri’s unusual juvenile court structure, arguing that the structure violates the Missouri Constitution’s separation of powers clauses by placing prosecutorial discretion with-in the judicial branch. By granting juvenile officers, who are subject to judges’ supervision, exclusive power to file child abuse and neglect and juvenile delinquency cases, Missouri law concentrates power into the hands of one branch of government. Missouri law thus empowers individual judges to set child welfare and juvenile justice policy by managerial decree. Subordinate judicial branch officials face pressure to file and litigate cases to please their boss, the …

Transitioning To Independence And Maintaining Research Careers In A New Funding Climate: American Society Of Preventive Oncology Junior Members Interest Group Report, Wendy C. Birmingham, Jada G. Hamilton, Parisa Tehranifar, Melinda L. Erwin, William M. P. Klein, Linda Nebeling, Jessica Chubak

Faculty Publications

The American Society of Preventive Oncology (ASPO) is a professional society for multi-disciplinary investigators in cancer prevention and control. The ASPO Junior Members Interest Group promotes the interests of predoctoral, postdoctoral, and junior faculty members within the Society, and provides them with career development and training opportunities. To this end, as part of the 37th ASPO Annual Meeting held in Memphis, Tennessee in March 2013, the Junior Members Interest Group organized a session designed to address issues faced by early-career investigators as they navigate the transition to become an independent, well-funded scientist with a sustainable program of research in the …

Elucidating Satisfaction With Physical Activity: An Examination Of The Day-To-Day Associations Between Experiences With Physical Activity And Satisfaction During Physical Activity Initiation, Scott A. Baldwin, Austin Baldwin, Valerie G. Loehr, Julie L. Kangas, Georita M. Frierson

Faculty Publications

Satisfaction with physical activity is known to be an important factor in physical activity maintenance, but the factors that influence satisfaction are not well understood. The purpose of this study was to elucidate how ongoing experiences with recently initiated physical activity are associated with satisfaction. Participants (n = 116) included insufficiently active volunteers who initiated a self-directed physical activity regimen and completed daily diaries about their experiences for 28 days. We used multilevel models to examine the associations between experiences with physical activity and satisfaction. Significant between-person effects demonstrated that people reporting higher average levels of positive experiences and lower …

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

The Missing Due Process Argument, Jamal Greene

Faculty Scholarship

The argument that eventually persuaded five members of the Supreme Court to conclude that the individual mandate exceeded Congress’s power to regulate interstate commerce is one most observers originally considered frivolous. In that respect, it is similar to another potential argument against the mandate — that forcing someone to pay for insurance violates the liberty interests guaranteed by the Constitution’s Due Process Clause. The Commerce Clause argument was the centerpiece of the challenge to the mandate; the due process argument was not meaningfully advanced at all. This chapter suggests reasons why.

Constitutional Uncertainty And The Design Of Social Insurance: Reflections On The Aca Case, Michael J. Graetz, Jerry L. Mashaw

Faculty Scholarship

The Health Care Case is best understood as a legal attack on the means but not the goals of the health care legislation. This emphasis on means rather than ends and on state over federal powers potentially poses significant risks for the complex institutional arrangements for social insurance that now exist and may imply harmful constraints on how Congress can restructure these programs to better meet the needs of the American people in the twenty-first-century economy. Not coincidentally, the new constitutional framework announced in the ACA decision favors those who want to dismantle rather than strengthen the nation’s social insurance …

Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke

Faculty Scholarship

I want to welcome back Justice Ginsburg to Columbia Law School. She has been a frequent visitor since her time here as a student in the late 1950s and again as a member of our faculty in the 1970s. I know she knows, but it is worth reiterating that she always has a home here at Columbia.