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Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone

Montana Law Review

This Volume marks an opportunity to reassess the impact of these recent federal interventions on the republican form of government in the states. As the varied contributions demonstrate, it also marks an opportunity to reassert a role for the states in reforming republicanism in the wake of Citizens United and related developments.

The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall

Montana Law Review

In its Western Tradition Partnership decision, the Montana Supreme Court ruled that the constitutionality of state campaign finance restrictions should be reviewed with particular reference to the political history and traditions of the state enacting the regulation. In so holding, the Montana Court recognized that the states have different political cultures and that these different political cultures can lead to very different regulatory concerns. On this basis, the Montana Court concluded that a type of campaign finance restriction that may be unconstitutional when applied to national elections or to elections in one state might be constitutionally permissible when applied to …

Evidencing A Republican Form Of Government: The Influence Of Campaign Money On State-Level Elections, Edwin Bender

Montana Law Review

Evidence compiled by the Institute over the last decade from all 50 states demonstrates that understanding the role money plays in elections and public policy development, and specifically how campaign-finances are regulated, can improve the representative forms of government in the states. If a state wants more inclusive elections—contested as well as monetarily competitive—then data shows that adjusting contribution limits or funding mechanisms can have a dramatic effect. Offering incentives for donors to participate and for candidates to seek out more small-dollar donors can also have a positive effect on both the number of candidates who run and thenumber of …

Wrigg V. Junkermier, Clark, Campanella, Stevens, P.C.: The Effect Of Involuntary Termination On Post-Employment Non-Compete Agreements, Michelle H. Vanisko

Montana Law Review

While this author agrees with the Wrigg Court’s ultimate decision, the Court’s overall discussion was lacking on three points. First, before determining whether an agreement has the requirements of an enforceable noncompete clause, the Court should have addressed the contract issues involved in Wrigg. In particular, the Court should have addressed the question of consideration and the potential ambiguity surrounding the terms of the shareholder agreement. If the agreement is an unenforceable contract, enforceability of the non-compete clause becomes irrelevant. Next, even if a contract is enforceable, a non-compete clause within it is not automatically enforceable. As a general rule, …

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Legal Shorts on:

Montana Wildlife Federation v. Mont. Bd. of Oil & Gas Conservation, 280 P.3d 877 (Mont. 2012). Russell Michaels

Reichert v. State ex rel. McCulloch, 278 P.3d 455 (Mont. 2012). Pam Garman

BNSF Ry. Co. v. Feit, 281 P.3d 225 (Mont. 2012). Jordan Peila

In re Marriage of Funk, 270 P.3d 39 (Mont. 2012). Dylan Jensen

Parish v. Morris, 278 P.3d 1015 (Mont. 2012). Trevor Carlson

Norris v. Fritz, 270 P.3d 79 (Mont. 2012). Kathleen Molsberry

State v. Covington, 272 P.3d 43 (Mont. 2012). Samantha Stephens

State v. Cook, 272 …

Judging The Flood Of Litigation, Marin K. Levy

Faculty Scholarship

The Supreme Court has increasingly considered a particular kind of argument: that it should avoid reaching decisions that would “open the floodgates of litigation.” Despite its frequent invocation, there has been little scholarly exploration of what a floodgates argument truly means, and even less discussion of its normative basis. This Article addresses both subjects, demonstrating for the first time the scope and surprising variation of floodgates arguments, as well as uncovering their sometimes-shaky foundations. Relying on in-depth case studies from a wide array of issue areas, the Article shows that floodgates arguments primarily have been used to protect three institutions: …

$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard

Other Publications

No abstract provided.

How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall

Scholarly Works

In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the …

A Janus Look At International Criminal Justice, Diane Marie Amann

Scholarly Works

Invoking the name of Janus, the Roman god who looked simultaneously at the past and the future, this article examines international criminal justice at a watershed moment, when a number of 20-year-old ad hoc tribunals were winding down even as the International Criminal Court was entering its teen years. First explored are challenges posed by politics – that is, the need to secure cooperation from states and from the U.N. Security Council – and economics – that is, the need to work within budgetary constraints. The article then surveys significant developments in each of a half-dozen international criminal courts and …

Gender Differences In Adult Child Caregiving Patterns: Associations With Care-Recipients' Physical And Mental Health And Cognitive Status, Ying Liu

Public Health Theses

Purpose of the study: To examine differences related to gender of adult child primary caregivers, caregiving patterns, and the association with care-recipients' physical and mental health and cognitive status.

Design and Method: A secondary analysis of the most recent national cross-sectional survey (National Health and Aging Trends Study (NHATS)) was conducted on 5616 community dwelling older adults (65 years of age or older). The relationships between gender of their adult child caregivers and intensity and duration of care, type of care provided, care-recipients' physical and mental health (self-reported health status, number of chronic diseases, depression and anxiety) and cognitive status …

Incidence Of Salmonella And Neighborhood Poverty Level In Connecticut, 2000-2011, Christina Marie Mainero

Public Health Theses

Background: Surveillance by the FoodNet program has shown that Salmonella, unlike other foodborne illnesses, has increased during the past fifteen years within the United States. Little work has been done to examine the role of socioeconomic factors in incidence of Salmonella. Neighborhood poverty level, measured as the percentage of people living below the poverty line, at the census tract level has been accepted as a useful indicator of socioeconomic status. This study utilized geographic information system (GIS) technology and census tract data to examine the variation in Salmonella incidence among census tracts in Connecticut. The objectives of this study were …

Environmental Risk Assessment Of Community Acquired Legionellosis From Recycled Water Use In Los Angeles County California, Luis Lozano

Public Health Theses

Abstract

Legionellosis is caused by Legionella pneumophila, resulting in 8,000-18,000 yearly hospitalizations and 4,000 deaths in the United States (Bouwknegt, 2012) (Toshiaki, 2004) (World Health Organization, 2012). L. pneumophila may persist in the built environment due to unique intracellular characteristics. Although the mode of transmission of L. pneumophila is inhalation of aerosolized contaminated water, this bacterium is not transmitted human to human (World Health Organization, 2012). L. pneumophila infection may be facilitated by the increased use of recycled water in Los Angeles County. In a water stressed area such as Los Angeles County, a limited potable water supply may not …

Gender Differences In Linguistic Indicators Of Communion And Agency: Associations With Caregiver Stress, Hannah-Rose Mitchell

Public Health Theses

This study examined gender differences in caregivers' use of agentic and communal words when talking about their care recipients' suffering and how this related to their stress, in terms of cardiovascular reactivity and self-reported negative emotion. Seventy-six older adult caregivers of spouses with chronic pain were recorded while describing an incident of their spouses' suffering. Caregivers' heart rate (HR) was continuously monitored during their speeches, and they reported their emotions (distress and anger) after their speeches. In addition, respiratory sinus arrhythmia (RSA) was calculated using HR. Results indicated that male caregivers were more likely to talk about a relational episode …

Exploring The Prevalence And Effects Of Sexual Stigma, Gender Identity And Sexual Orientation On Mental Health In Men Who Have Sex With Men And Transgender Women In Chennai, India, Megan Marie Mcinnis

Public Health Theses

Men who have Sex with Men (MSM) and Transgender (TG) women are known to experience high levels of mental stress secondary to stigma associated with their gender identity or sexual orientation. We conducted a cross sectional study to assess how gender identity, sexual orientation, sexual stigma, violent sexual stigma, and important covariates (life satisfaction, social support, and alcohol dependency) influence major mental health outcomes (depression, anxiety and PTSD) among 101 MSM and 53 TG women recruited from 7 sex cruising zones in Chennai, India. Results showed that the gender identity and sexual orientation scale may provide a new method to …

Use Of The State Immunization System To Assess Influenza Vaccine Effectiveness Among Children 6-35 Months Of Age In New Haven County, Ct, 2003-2012, Lun Pei Ng

Public Health Theses

Population-based immunization information systems have been used successfully to assess vaccine effectiveness (VE) in children. The Connecticut Immunization Registry and Tracking system (CIRTS) and the Connecticut Emerging Infections Program (CTEIP) provided the opportunity to evaluate influenza VE among children 6-35 months of age in New Haven County, CT, 2003-2012. A total of 104 case children and 520 date-of-birth- and zipcode-matched controls were studied. The VE in matched analysis of full vaccination compared to no vaccination was 31% (95% CI, <0%-69%; p=0.38). The VE of at least one dose of influenza vaccine compared to no vaccination was 37% (95% CI, <0%-63%; p=0.09). Our study suggests that the overall total VE is unlikely to be greater than 69% among children 6-35 months of age and having had at least one dose of influenza vaccine could be protective from influenza-caused hospitalization compared with never having been vaccinated. This study should be extended for several more influenza seasons to determine a range of effectiveness that does not include zero.

Predictors Of Retention In Hiv/Aids Care At The Yale-New Haven Hospital Nathan Smith Clinic: Exploratory Analysis Using The Community Careware Database, Chi Ngo

Public Health Theses

Background: A `test-and-treat' strategy for HIV prevention in the United States is a method that was proposed in an effort to curb and reduce HIV transmission. However, the magnitude of the limitations observed at the various stages in the spectrum of engagement in care can threaten the `test-and-treat' HIV prevention initiative because successful retention remains problematic. Based on the United States' retention statistics, approximately one fourth to one half of those who were diagnosed with HIV were out-of-care. This figure suggests we need more information about the best ways to retain HIV-infected individuals in care.

Objective: In order to determine …

Economic Coping Mechanisms In Response To Household Health Shocks In Kagera, Tanzania: 1991-2004, Rosina Pradhananga

Public Health Theses

ABSTRACT

Background: Chronic and acute illnesses pose substantial economic burden on households due to explicit health expenses and implicit costs engendered by decreased productivity and increased time allocation to care provision. This study examined economic coping mechanisms employed by households to respond to health shocks represented by chronic and acute morbidities.

Methods: Data from Kagera Health and Development Survey (1991-2004) were utilized to examine household health status and economic coping. Pooled OLS regression models were used to analyze the association between household health status and economic burden and coping mechanisms controlling for household size, mean age, income, and characteristics of …

A Predictive Model Of Avian Influenza Among Poultry In Egypt, Natalie Price

Public Health Theses

Background: Avian Influenza (H5N1) has become entrenched in Egypt since its emergence in 2006. Control measures have failed and surveillance systems remain inadequate. A relatively new method for regression called Random Forests is presented here with the goal of providing accurate and timely predictions of the weekly number of outbreaks in each of the Egyptian governorates.

Methods: Predictions were generated from Random Forests models using outbreak data from the FAO EMPRES-i database, and local weather data from Weather Underground. This data was lagged by one and two weeks in order to make prospective predictions with the current week's data in …

Reproductive Health And Gender-Based Violence In Syrian Refugee Women, Amelia Reese Masterson

Public Health Theses

Background: The current conflict and humanitarian crisis in Syria continues to displace thousands of Syrians to neighboring countries, including Lebanon. There is a lack of information available to provide adequate health and related services to this displaced population, particularly women and adolescent girls, who comprise the majority of registered refugees. Methods: We conducted a rapid needs assessment from June-August 2012 in Lebanon by administering a cross-sectional survey in six health clinics and conducting three focus group discussions. Information was collected on reproductive and general health status and needs of displaced Syrian women, including exposure to violence and help-seeking behaviors. Results: …

The Impact Of Intimate Partner Violence On Breastfeeding: A Demographic And Health Surveys Analysis Of India, Nepal And Timor-Leste, Aliya Cecilia Roginiel

Public Health Theses

Objective: The objective of this study is to evaluate the association between lifetime experience of intimate partner violence (IPV) and breastfeeding in India, Nepal and Timor-Leste.

Methods: Women respondents, between the ages of 15 and 49 years, whose last child was under or equal to 2 years of age and a singleton birth and who were applied the domestic violence module, were included in the final study sample for each country. Logistic regression analyses were used to investigate any unadjusted associations between any lifetime IPV, any physical IPV, any sexual IPV or both and the following breastfeeding outcomes: early breastfeeding …

The Role Of Race In The Association Between Weight Status And Risk Behaviors Among United States Adolescents, Jennifer M. Sanderson

Public Health Theses

Objective: To evaluate whether race and ethnicity moderate the association between weight status and risk behaviors in a nationally-representative sample of adolescents.

Methods: The 2009 and 2011 Youth Risk Behavior Surveys were combined (N = 25,550), and used to compare substance use, risky sexual behaviors, and violent behaviors between healthy weight, overweight, and obese adolescents. In both overall and race-stratified samples, chi-square tests and logistic regression were used to determine associations between weight status and engagement in risk behaviors among White, Black, and Hispanic adolescents. These analyses were performed separately in males and females.

Results: Overweight and obese adolescents had …

Assessing The Programmatic And Financial Sustainability Of The Seriousfun Global Parternship Program Among Camp Directors: A Qualitative Study, Kate Elizabeth Schedel

Public Health Theses

Background: After five years of programming, the SeriousFun Global Partnership Program (GPP) is looking to evaluate their model for programmatic and financial sustainability: specifically, among camp directors. To date, little is known about the facilitators and barriers camp directors face in working towards a sustainable program.

Objectives: To identify areas in which camp directors need more support from the SeriousFun staff to move towards programmatic and financial sustainability, and to highlight the Global Partnership Program's best practices for other public health programs striving for sustainability.

Design: A qualitative study that used in-depth telephone interviews with camp directors as well as …

The Association Between Allelic Variation In Bdnf, Scholastic Achievement, And Cognition, Andrew Carl Shore

Public Health Theses

Background

There is a growing need to understand the role of genetics in determining innate ability and cognition. The Brain Derived Neurologic Factor (BDNF) gene codes for a nerve growth factor protein whose association with cognitive disorders makes it a plausible candidate gene for association with cognitive functioning. This study looks at the association between allelic variation in six SNPs in the BDNF gene and cognition.

Methods

Demographic and schooling information was gathered from school aged children in the Eastern Province of Zambia. The four subtests of the Zambian Achievement Test were used to capture academic achievement. Three subtests of …

Factors Associated To Adolescent Sexual And Reproductive Health: A Parental Perspective From Calca, Peru, Ana Sierra

Public Health Theses

Abstract

Background: There are more than 5.8 million adolescents (10-19 year olds) in Peru. Their sexual debut is between 14 and 17 years old. Despite efforts to increase sexuality-related knowledge within this population, condom and contraceptive use is low.

Problem: Knowledge is important; but there are many other factors also influencing adolescent behavior. Parent-child communication has been found to be an important factor influencing adolescent sexual and reproductive health (ASRH) outcomes in Lima. However, little is known about ASRH in the rural Andean regions of Peru and parental attitudes and factors of influence.

Methods: Six focus groups were carried out …

Modeling The Epidemiological Impact Of Human Hookworm Infection, Laura Skrip

Public Health Theses

Background: Chronic hookworm infection affects an estimated 576 to 740 million people worldwide. Despite mass drug administration efforts, the morbidity associated with this soil-transmitted helminth remains a significant public health issue. Due to inter- and intra- community heterogeneity in susceptibility to infection, mathematical modeling can serve as an effective and efficient tool for investigating hookworm transmission in different settings and for guiding policymakers to consider new treatment and prevention strategies.

Methods: Here we developed an age-structured, compartmental S-I model to identify epidemiological parameters for hookworm infection and to assess rates of attributable anemia within the population of Zanzibar. The model …

Prevalence, Sample Size, And Power Investigation In Neoadjuvant Therapy For Breast Cancer Clinical Trials, Jennifer So

Public Health Theses

Common practice in neoadjuvant therapy clinical trials for breast cancer that use pathological complete response rate (pCR) as an endpoint are conducted within a Human Epidermal Growth Factor Receptor 2 (HER2) indication group for both Estrogen Receptor - positive (ER+) and Estrogen Receptor - negative (ER-) cancers. Given the clinical background and trends of breast cancer therapy trials, this study aims to demonstrate in cases where the observed prevalence and response rates may be so different from the expected values that priori sample size calculation and power analyses were based on, that dangers may arise in producing an insufficiently powered …

Effect Of Exercise On Vo2max In Breast Cancer Survivors Taking Aromatase Inhibitors: The Hormones And Physical Exercise (Hope) Study, Mia Sorkin

Public Health Theses

Purpose: The purpose of this study was to investigate the effects of a yearlong exercise intervention compared to usual care on cardiorespiratory fitness in sedentary breast cancer survivors who were taking aromatase inhibitors and experiencing arthralgia.

Methods: Participants were randomized to either an exercise intervention group that met twice weekly with a personal trainer or usual care. Participants completed self-administered questionnaires, including reporting demographic and personal characteristics, and a graded treadmill test using a modified Branching protocol at baseline and at the end of the 12-month study. T-tests and chi-squared analyses were used to assess change in cardiorespiratory fitness, measured …

Silicosis, Tuberculosis (Tb) And Hiv/Aids: The Triple Epidemic Among Gold Mineworkers In South Africa (Literature Review And Policy Analysis), Surabhi Srivastava

Public Health Theses

The scourge of the triple epidemic of silicosis, tuberculosis (TB) and HIV/AIDS has plagued the South African gold mineworkers, with black mineworkers in particular, for over two decades now. Factors such as oscillating migration patterns, hazardous working conditions, and crowded living arrangements allow for the perfect conditions needed to sustain and amplify the epidemic within this population. The objective of this thesis is to provide a detailed review of the epidemiological literature regarding the different aspects of the silicosis, TB and HIV epidemic in South Africa, followed by an in-depth analysis of the current policy response, and its implications for …

Comparisons Of Patients With Recurrent Vs. Incident-Only Clostridium Difficile-Associated Diarrhea: A Case-Control Study Of Treatment Effectiveness At Yale New Haven Hospital, 2010-2011, Mark Stuntz

Public Health Theses

Background: Clostridium difficile infection (CDI) is the most frequent cause of hospital-acquired infectious diarrhea in developed countries. Approximately 19-20% of affected patients will experience a symptomatic recurrence following their first episode of Clostridium difficile-associated diarrhea (CDAD). Risk factors for the initial CDAD episode have been well-documented, however, epidemiologic risk factors for recurrent CDAD have not been described in as much detail. It is hypothesized that initial treatment could be a risk factor for recurrent CDAD. The CT Emerging Infections Program (EIP) conducts laboratory-based surveillance for CDAD in New Haven County, however, routine surveillance does not collect treatment data. Therefore, we …

Modeling Of Ambient Black Carbon Concentration Using Traffic, Temporal And Meteorology Data In Connecticut, Kunfeng Sun

Public Health Theses

Black carbon is a component of fine particle pollution that exerts adverse effects on both global climate change and human health. It is produced through incomplete combustion of fossil fuels and biofuels. Therefore, some of its major emission sources are diesel engines, residential heating and industry. Due to its strong ability to absorb solar energy, black carbon is one of the major contributors to global warming. In addition, black carbon and other fine particle pollutants can be inhaled into the lower respiratory track, causing and exacerbating health conditions such as asthma, chronic obstructive pulmonary disease, low birth weight, cardiovascular diseases …