Digital Commons Network^™

Commandeering And Constitutional Change, Jud Campbell

Law Faculty Publications

Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …

Patent Applications And The Performance Of The U.S. Patent And Trademark Office, Christopher A. Cotropia

Law Faculty Publications

This Article reports data and analyses to facilitate answering these questions. The reported data was obtained from two sources. The first is the Workload Tables from the USPTO annual reports, called the "USPTO Performance and Accountability Reports," provided to the President, Congress, and public.' The second is data received from the USPTO in response to Freedom of Information Act ("FOIA") requests.3 From these two data sources, information such as the number of applications filed per year, the type of applications being filed and prosecuted, the pendency of these applications, and their disposition, including the number of them issued as patents, …

Discovering E-Discovery: A Resources Guide, Timothy L. Coggins

Law Faculty Publications

E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.”There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents …

Tips For Capturing 2014 Federal Court Clerkships, Carl W. Tobias

Law Faculty Publications

Now is a perfect moment for analyzing 2014 clerkships because law students across the country have completed their productive summer employment and are poised to commence their final year. Below are ideas which could help aspirants secure those coveted positions that start during next August.

Taxing Privacy, Hayes R. Holderness

Law Faculty Publications

In the United States, many low-income citizens are being held to a harsher standard than wealthier citizens — these low-income citizens are being asked to relinquish their privacy in order to obtain the public assistance they need, whereas wealthier individuals are not subjected to similar levels of public scrutiny for government benefits that they claim. Giving up privacy can have devastating effects on individuals’ lives — they may suffer various dignitary harms, may experience repressed abilities to express themselves, and may even be coerced into important life decisions by the government. This situation presents a unique problem to the neediest …

Resolution Vi: The Virginia Plan And Authority To Resolve Collective Action Problems Under Article I, Section 8, Kurt T. Lash

Law Faculty Publications

The article presents on the general principles of limited enumerated federal power followed by the courts of the U.S. used for determining scope of national authority. The declaration of Resolution VI under which the U.S. Congress has the power for regulating collective action problems having national importance is discussed. The historical evidences of Resolution VI, the debates related to ratification and the errors in historical facts are also discussed.

Research Strategies, Maureen Moran

Law Faculty Publications

It is 3 a .m. and you are up, prepping for class. Again. You have reading to do for Torts, for Contracts, and for Civil Procedure, and if you fall behind even one day, you will be spending hours late at night for the next few days trying to catch up. Or, worse, you will be unprepared and that will be the day your professor will call on you. And to add to your stress, you have a research project for your legal writing class due in less than two days, and you have not even started. Your professor told …

Local Connections To Global Collections: The Power Of Interlibrary Loan Services, Beth Posner

Publications and Research

Interlibrary loan services facilitate access to both print and digital information, be it from other libraries nearby or from around the world. ILL librarians and staff members also provide integrated, or global, access to library and information services, in general. They help patrons discover holdings in their own local collections, online open access material, and items available only for purchase from publishers or booksellers. By working closely with colleagues in other libraries, and despite copyright and license restrictions on the sharing of information, as well as limits in budget and staffing, library resource sharing specialists offer both global information and …

A Microfluidic Anti-Factor Xa Assay Device For Point-Of-Care Monitoring Of Anticoagulation Therapy, Leanne F. Harris, Paul Rainey, Vanessa Castro-Lopez, James S. O'Donnell, Anthony J. Killard

Articles

The development of new point-of-care coagulation assay devices is necessary due to the increasing number of patients requiring long-term anticoagulation in addition to the desire for appropriate, targeted anticoagulant therapy and a more rapid response to optimization of treatment. However, the majority of point-of-care devices currently available for hemostasis testing rely on clot-based endpoints which are variable and unreliable and are limited to measuring only certain portions of the coagulation pathway. There is a need for the introduction of point-of-care devices that can execute a broader range of tests; for example, the diagnosis of factor-specific diseases, as well as more …

Joint Utility Of Event- Dependent And Environmental Crime Analysis Techniques For Violent Crime Forecasting, Joel M. Caplan, Leslie W. Kennedy, Eric L. Piza

Publications and Research

Violent crime incidents occurring in Irvington, New Jersey, in 2007 and 2008 are used to assess the joint analytical capabilities of point pattern analysis, hotspot mapping, near-repeat analysis, and risk terrain modeling. One approach to crime analysis suggests that the best way to predict future crime occurrence is to use past behavior, such as actual incidents or collections of incidents, as indicators of future behavior. An alternative approach is to consider the environment in which crimes occur and identify features of the landscape that would be conducive to crime. Thanks to advances in geographic information system technology and federally funded …

Out On The Land: Income, Subsistence Activities, And Food Sharing Networks In Nain, Labrador, Kirk Dombrowski, Emily Channell, Bilal Khan, Joshua Moses, Evan Misshula

Publications and Research

In recent Inuit ethnography, a major concern has been how and to what extent contemporary Inuit participate in and depend on subsistence activities, particularly in the context of increasing wage employment and growing participation in the cash economy. This paper provides an analysis of these activities in the predominately Inuit community of Nain, Labrador. Using social network data and demographic information collected between January and June 2010, we examine the interconnections between subsistence activities—obtaining “country food” through activities such as hunting, fishing, and collecting—with access to the means of obtaining subsistence resources (such as snow mobiles, cabins, and boats), employment …

Bridging The Gap Between Health And Justice, Lior Gideon

Publications and Research

No abstract provided.

Democratizing Indian Popular Music: From Cassette Culture To The Digital Era, Peter L. Manuel

Publications and Research

The history of Indian popular music constitutes in itself a significant development in modern culture, as this set of genres—especially but not only in their Bollywood forms—have been cherished by hundreds of millions of listeners not only in South Asia but internationally as well. At the same time, the trajectory of Indian popular music represents a dramatic case study of media culture as well, as its patterns of ownership, consumption, and even musical structures themselves have been conditioned by technological changes. Most striking is the way that a highly monopolized, streamlined, and homogeneous popular music culture dominated for several decades …

Legal Issues With The Electronic Health Record, Hannah Jackson

Applied Research Projects

Introduction

The purpose of this paper is to make readers aware of the legal issues in the electronic health record (EHR) and the risks involved so they can be prepared. It is also to help provide solution to those who are already dealing with the risks. The goal of this Project is to reach out to health care facilities who are about to embark on a new chapter in health care that we call, the EHR. Everyone should know the risks of a product before purchasing and that is what my research will show.

Method

I used The Journal of …

Closing The Meaningful Use Gap Between Small And Large Practices, Crystal L. Jones

Applied Research Projects

The Lack of Meaningful Use Awareness in small practices is very prevalent. One may ask why there is such a gap in MU Awareness amongst small and large practices. The answer is quite the same across the board for small practices, “Cost”. This misfortune has resulted in many small practice physicians and staff being objective to the adoption of an electronic health record system. They are indifferent about the penalties that will be enforced soon, if they do not follow suite with the guidelines mandated by the ARRA. Essentially, this thesis will provide statistical data on the adoption rate of …

Correctional Telemedicine And Its Benefits For Female Inmates, Chelsea Oliver

Applied Research Projects

The purpose of this study is to identify health issues that are specific to the female population of correctional institutions and how telemedicine would be beneficial in providing healthcare to same. A questionnaire was developed using information from literature on the topics obtained from a variety of places. Once the questionnaire was completed, a randomly selected group of telemedicine providers received the questionnaire, along with an introduction and information on the study that was being conducted.

The barriers of this study came from telemedicine providers either not responding to the questionnaire entirely or the providers only being able to answer …

Anesthesia Information Management Systems: A Review Of The History, The Products, And The Adoption Of These Systems, Emily G. Hoffner

Applied Research Projects

Anesthesia Information Management Systems (AIMS) have been growing in popularity and use over the past decade, but widespread adoption of these systems by anesthesia groups and hospitals across the country is yet to occur. The promise of AIMS reaches beyond basic anesthesia recordkeeping into a realm of complex, integrated systems with enhanced billing, improved regulatory requirements, improved communication amongst caregivers, and reduced medical-legal exposure. In fact, AIMS have been shown to improve patient care and can increase the financial performance of a group. Despite the documented benefits of AIMS, adoption of these systems is low. This paper will review the …

Increasing Patient Engagement In The African American Community Through Personal Health Record Use, Andrea Perkins

Applied Research Projects

Personal Health records have many potential benefits to patients, caregivers and institutions. In order to meet meaningful use standards EHR systems must allow patients to be able to access and easily download their healthcare records and images for their own use. Previous studies have shown that African Americans are less likely to enroll in a personal health record than other ethnic populations. This study was done to research and identify possible barriers the have limited the utilization of personal health record use in the African American community. A preliminary survey and focus group were convened to discuss issues affecting PHR …

An Evaluation Of The Role Of The Originator Of Catastrophic Edits/Data Overwrites Within The Veteran Health Administration, Britney Braxton

Applied Research Projects

Objective: To determine which job function causes or creates a large number of Catastrophic Edit/ Data Overwrites within VHA.

Methods: The study is based on data extracted from the Catastrophic Edits Monthly Reports reported by the HC IdM Team staff on the CEs that have occurred on the MPI. Catastrophic Edits (CEs) reported by the HC IdM team between November 2011 through December 2012 are examined.

Result: Out of the 2736 Potential Identity Changes, 115 actually resulted in a CE. The number of CEs created by each job title ranged from 1% by Employee Health Clerk to 28% by Eligibility …

Winner, Best Appellate Brief In The 2013 Native American Law Student Association Moot Court Competition, Zachary Diionno, Sommerset Wong

American Indian Law Review

No abstract provided.

Martin Luther: Marriage And The Family As A Remedy For Sin, Trevor O'Reggio

Andrews University Seminary Studies (AUSS)

No abstract provided.

Theological Contributions Of John Wesley To The Doctrine Of Perfection, Theodore N. Levterov

Andrews University Seminary Studies (AUSS)

No abstract provided.

Half The Sky: Turning Oppression Into Opportunity For Women Worldwide [Review] / Nicholas D. Kristof, Leanne M. Sigvartsen

Andrews University Seminary Studies (AUSS)

No abstract provided.

Alappat Redux: Support For Functional Language In Software Patent Claims, Andrew Chin

Faculty Publications

The Federal Circuit has suggested in some recent cases that any algorithm can serve as adequate structural support for a means-plus-function element in a software patent claim under § 112(f). A recent proposal by Mark Lemley fully endorses this proposition and seeks its broader application. The concept of an algorithm, however, is too slippery to serve as the basis for such a rule. In this Article, I argue that this overreliance on the algorithm concept originated in a revisionist gloss on the Federal Circuit's 1994 Alappat decision. Informed by a closer reading of what Alappat actually has to say about …

Sexual Orientation-Based Violence In Hong Kong, Rebecca L. Stotzer, Holning S. Lau

Faculty Publications

No abstract provided.

A People's History Of Collective Action Clauses, W. Mark C. Weidemaier, Mitu Gulati

Faculty Publications

No abstract provided.

The Release Of Energy': Reflections On A Legal History Trope, John V. Orth

Faculty Publications

No abstract provided.

Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman

Faculty Publications

No abstract provided.

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathod, Deborah M. Weissman

Faculty Publications

No abstract provided.

Private Memorials On Public Space: Roadside Crosses At The Intersection Of The Free Speech Clause And The Establishment Clause, Amanda Reid

Faculty Publications

No abstract provided.