Digital Commons Network^™

Pharmaceutical Patents And The Human Right To Health: The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer

Faculty Scholarship

Disputes over the regulation of access to medicines are occurring in multiple transnational, national, and local venues. Competing groups of states and non-state actors shift horizontally and vertically among these forums in an effort to develop competing legal rules over the propriety of granting intellectual property (IP) protection to newly developed life-saving drugs. This chapter applies the framework of Transnational Legal Orders (Terence C. Halliday & Gregory Shaffer, eds. 2015) to explain the origins of these controversies and their consequences. The chapter argues that the current state of affairs arose from a clash between two previously discrete TLOs—one relating to …

Could Data Broker Information Threaten Physician Prescribing And Professional Behavior?, Marco D. Huesch, Michael K. Ong, Barak D. Richman

Faculty Scholarship

Privacy is threatened by the extent of data collected and sold by consumer data brokers. Physicians, as individual consumers, leave a ‘data trail’ in the offline (e.g. through traditional shopping) and online worlds (e.g. through online purchases and use of social media). Such data could easily and legally be used without a physician’s knowledge or consent to influence prescribing practices or other physician professional behavior. We sought to determine the extent to which such consumer data was available on a sample of more than 3,000 physicians, healthcare faculty and healthcare system staff at one university’s health units. Using just work …

The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie

Faculty Scholarship

There are increasing tensions between the First Amendment and the common law torts of intentional infliction of emotional distress, defamation, and privacy. This Article discusses the conflicting interactions among the three models that are competing for primacy as the tort law governing expressive activities evolves to accommodate the requirements of the First Amendment. At one extreme there is the model that expression containing information which has been lawfully obtained that contains neither intentional falsehoods nor incitements to immediate violence can only be sanctioned in narrowly defined exceptional circumstances, even if that expression involves matters that are universally regarded as being …

The Corporate Criminal As Scapegoat, Brandon L. Garrett

Faculty Scholarship

A corporation is no scapegoat, assures the Department of Justice, because the first priority is to prosecute culpable individuals and not artificial entities. Yet, as I document in this empirical study, far more often than not, when the largest corporations settle federal criminal cases, no individuals are charged. High profile failures to prosecute executives in the wake of the Global Financial Crisis have only made the problem more urgent. The corporation appears to be a kind of a scapegoat: impossible to physically jail, but capable of receiving blame and punishment while individual culprits go free. In this Article, I develop …

The Research Circle - A Place For Interdisciplinary Learning, Sharing And Networking To Develop Facilitators Of Evidence-Based Practice, Martina Ingeborg Reinhold, Sango Otieno

Internet Journal of Allied Health Sciences and Practice

Health Professional programs incorporate the principles and methods of clinical research and evidence based medicine (EBM) into their curriculum to encourage evidence based practice in health care. However, many faculty that join health profession programs do so after having worked in clinical practice for some time with limited experience in clinical research and EBM making successful guidance of students difficult for some. This study describes implementation of the Research Circle at Grand Valley State University, where faculty from diverse disciplines such as physician assistant, physical therapy, occupational therapy, speech pathology, radiology, and dietetics came together to share and learn basic …

The Effect Of Holographic Wristbands On Proprioception, Tyler A. Dexter, Valerie W. Herzog, Ericka P. Zimmerman

Internet Journal of Allied Health Sciences and Practice

Context: Wearing wristbands embedded with holograms at certain frequencies are believed to increase proprioception. There has been very little research to determine if holographic wristbands have any physiological effect on the body. Objective: To determine if the holograms embedded in the wristbands will improve proprioception during a single leg stance test on the dominant foot. Design and Setting: Controlled Athletic Training laboratory study. Participants: Twenty-four healthy college students of different activity levels (7 men, 17 women; age = 22.6 ± 1.2 years, height = 170.18 ± 12.10 cm, mass = 69.51 ± 15.63 kg) without any lower extremity injuries in …

Best Practices For Online Teaching And Learning In Health Care Related Programs, Tamara Pinchevsky-Font, Sandra Dunbar

Internet Journal of Allied Health Sciences and Practice

Online learning is a significant aspect of higher education today, with an ever increasing number of programs offering distance education. The evidence related to online teaching and learning best practice has grown significantly within the last decade. It is important for health care educators who are involved with web-based courses to be immersed in the evidence available to date, as we seek to provide sound andragogy in formulating and implementing online programs. This document will explore key evidence related to three different aspects of online teaching and learning. Application of teaching/learning theories and recommendations for best practices in this arena …

Occupational Stress For Athletic Training Program Directors, Suzette Nynas, Carrie B. Myers

Internet Journal of Allied Health Sciences and Practice

The roles and responsibilities for program directors of professional educational programs are numerous. The purpose of this study was to investigate how multiplicity of roles and responsibilities influence occupational stress. Role theory was the theoretical framework to organize the research and to investigate the influence of multiple roles and responsibilities on occupational stress of Athletic Training Program Directors (ATPDs). This mixed methods study investigated which occupational roles and responsibilities contributed to the greatest amount of occupational stress for ATPDs. All ATPDs from the Commission on Accreditation for Athletic Training Education (CAATE) accredited programs were invited to participate in an online …

Intra-Tester Reliability And Concurrent Validity Of Musculoskeletal Ultrasound And Vernier Calipre In Quantifying The Anteroposterior Diameter Of The Common Extensor Origin Of The Forearm And The Radial Nerve: A Cadaveric Study, Valentine Dones Iii, Ian P. Aguinaldo, Svetlana Maris Aycardo, Buena Fe Apepe

Internet Journal of Allied Health Sciences and Practice

Introduction: The literature reports an increase in anteroposterior diameter of the common extensor origin (CEO) of the extensor carpi radialis brevis (ECRB) and extensor digitorum communis (EDC) or the radial nerve in painful elbows diagnosed with lateral epicondylalgia (LE) or supinator syndrome. The edge-to-edge measurements of these anatomical structures are quantified using musculoskeletal ultrasound (MSUS). However, in the current literature, reports on the reliability and validity of MSUS measurements of the CEO (of ECRB and EDC) and the radial nerve are not found. In this study, reliability was measured for three testers in determining the anteroposterior diameter of the CEO …

Wealth And Democracy, Jedediah Purdy

Faculty Scholarship

The renewed debate over inequality has highlighted a set of deficits in much of the last fifty-plus years of thinking on the topic. The late twentieth-century tradition of thinking about distributive justice largely assumed (1) that market dynamics would produce stable and tolerable levels of inequality; and (2) that a relatively powerful, competent, and legitimate state could effectively redistribute to mitigate what inequality did arise. What was largely overlooked in this thought and has since risen to central attention is the prospect that (1) accelerating levels of market-produced inequality will (2) undermine the legitimacy and efficacy of the state and …

Would You Choose To Be Happy? Tradeoffs Between Happiness And The Other Dimensions Of Life In A Large Population Survey, Matthew D. Adler, Paula Dolan, Georgios Kavetsos

Faculty Scholarship

A large literature documents the correlates and causes of subjective well-being, or happiness. But few studies have investigated whether people choose happiness. Is happiness all that people want from life, or are they willing to sacrifice it for other attributes, such as income and health? Tackling this question has largely been the preserve of philosophers. In this article, we find out just how much happiness matters to ordinary citizens. Our sample consists of nearly 13,000 members of the UK and US general populations. We ask them to choose between, and make judgments over, lives that are high (or low) in …

Using A Mg-M Imagery Intervention To Enhance The Sport Competence Of Young Special Olympics Athletes, Kelley Catenacci

College of Graduate Studies: Theses & Dissertations

The opportunity for athletes with an intellectual disability (ID) to participate in sport is limited due to physical, social, and psychological barriers (Shields, Synnot, & Barr, 2012). Sport psychology interventions may have the capacity to address these barriers, namely the lack of sport competence that athletes with an ID tend to experience (Vealey, Hayashi, Garner-Holman, & Giacobbi, 1998). Therefore, this single subject A-B-A design sought to enhance sport competence among athletes with an ID using personalized motivational general-mastery (MG-M) imagery scripts. The study spanned six weeks and was implemented with five Special Olympics athletes (M_age = 11.40) who had …

Democratic Rulemaking, John M. De Figueiredo, Edward H. Stiglitz

Faculty Scholarship

This paper examines to what extent agency rulemaking is democratic. It reviews theories of administrative rulemaking in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. It then evaluates how the empirical evidence lines up in light of these two approaches. The paper concludes with a discussion of avenues for future research.

A Qualitative Examination Of The Sport Music Preferences Of Ncaa Division I Athletes, Zachary Ryan

College of Graduate Studies: Theses & Dissertations

Athletes report listening to music prior to their sport participation for a number of reasons, including: mood-regulation, arousal control, and concentration (Laukka & Quick, 2011; Sorenson, Czech, Gonzalez, Klein, & Lachowetz, 2008; Stevens & Lane, 2001). Researchers have found that many athletes report their music preferences for everyday listening are different from what they listen to around sport participation (Laukka & Quick, 2011). Music preferences have been found to be related to both gender and aspects of an individual’s personality, such as aggression (Rentfrow & Gosling, 2003; Colley, 2008; Rubin, West, & Mitchell, 2001;). The purpose of the current study …

Markets, Morals, And Limits In The Exchange Of Human Eggs, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

Relationships Of Trust And Confidence In The Workplace, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young

Faculty Scholarship

No abstract provided.

Hiv Infrastructure Study Birmingham, Alabama, Susan S. Reif, Kristen Sullivan, Carolyn Mcallaster, Miriam Berger

Faculty Scholarship

No abstract provided.

One Size Does Not Fit All: What Does High Impact Prevention Funding Mean For Community-Based Organizations In The Deep South?, Carolyn Mcallaster, Jerry Fang

Faculty Scholarship

No abstract provided.

Determining The False Positive Rate Of A Concussion Battery In Healthy Division I Collegiate Athletes, Caitlynn S. Hellwig

College of Graduate Studies: Theses & Dissertations

Context: Athletic participation accounts for 1.6-3.8 million concussions, or mild traumatic brain injuries (mTBI) every year in the United States. Accurate assessment and diagnosis of concussions is critical to protect athletes from further injury. The Fourth International Conference on Concussion in Sport Consensus Statement recommends a multifaceted concussion assessment which includes symptom inventories, postural stability assessment, and neurocognitive testing. The accuracy of each test is vital in correctly diagnosing concussions. The Balance Error Scoring System (BESS), Standardized Assessment of Concussion (SAC), and Immediate Post-Concussion Assessment and Cognitive Testing (ImPACT) are among the most commonly used assessment tools by NCAA athletic …

A Test Score Comparison Between Block And Traditional Scheduling, Yancy J. Ford

College of Graduate Studies: Theses & Dissertations

The purpose of this study was to examine how schools utilizing block scheduling and traditional scheduling models differ in achievement levels on the five Georgia End-of-Course Exams (EOCT) and the Georgia High School Graduation Writing test (GHSWT) at two high schools in ruralSouth Georgia. The researcher will investigated if there is a differential benefit in terms of higher EOCT/GHSWT scores during block or traditional scheduling when considering demographic variables student gender, race, or SES. No experimentation occurred as the study relied on historical data. Both high schools were examined individually; comparing the five EOCT’s and the GHSWT under the block …

Litigating State Interests: Attorneys General As Amici, Margaret H. Lemos, Kevin M. Quinn

Faculty Scholarship

An important strain of federalism scholarship locates the primary value of federalism in how it carves up the political landscape, allowing groups that are out of power at the national level to flourish—and, significantly, to govern—in the states. On that account, partisanship, rather than a commitment to state authority as such, motivates state actors to act as checks on federal power. Our study examines partisan motivation in one area where state actors can, and do, advocate on behalf of state power: the Supreme Court. We compiled data on state amicus filings in Supreme Court cases from the 1979–2013 Terms and …

The Road Less Traveled: Alumni Perceptions Of The Georgia Early College High School Experience, Tequila Tranise Morgan

College of Graduate Studies: Theses & Dissertations

Despite the efforts of traditional high schools to educate all students, at-risk populations tend to lag behind their White and more affluent counterparts in educational achievement, high school graduation rates, and college attendance rates. Early College High Schools (ECHSs) were designed to attract and retain at-risk students through rigorous academic practices, strong support systems, and by providing free access to college credits while students are still in high school.

With the case study approach as a guide, this research used an open-ended interview protocol to collect data from a sample of 16 students who attended one ECHS in Georgia between …

The Surprising Relevance Of Medical Malpractice Law, Michael D. Frakes

Faculty Scholarship

The academic community has largely reached a consensus that medical malpractice reform is unlikely to be a meaningful source of health-care cost containment. This Article suggests that it would be premature to conclude based on the evidence underlying this academic sentiment that physicians are universally insensitive to the parameters of medical malpractice law and that liability reform has no role to play in the health-care-costs debate. On the contrary, this Article demonstrates that the medical-liability system, under particular structures and conditions, may indeed have a meaningful connection to health-care spending patterns.

The shortcoming of the existing empirical literature that has …

Do Physicians Respond To Liability Standards?, Michael D. Frakes, Matthew Frank, Seth Seabury

Faculty Scholarship

In this paper, we explore the sensitivity in the clinical decisions of physicians to the standards of care expected of them under the law, drawing on the abandonment by states over time of rules holding physicians to standards determined by local customs and the contemporaneous adoption of national-standard rules. Using data on broad rates of surgical interventions at the county-by-year level from the Area Resource File, we find that local surgery rates converge towards national surgery rates upon the adoption of national-standard rules. Moreover, we find that these effects are more pronounced among rural counties.

The Effect Of Statutory Rape Laws On Teen Birth Rates, Michael D. Frakes, Matthew C. Harding

Faculty Scholarship

Policymakers have often been explicit in expanding statutory rape laws to reduce teenage pregnancies and live births by teenage mothers, often with the goal of reducing associated welfare outlays. In this paper, we explore whether expansions in such laws are indeed associated with reductions in teen birth rates. In order to codify statutory-rape-law expansions, we use a national micro-level sample of sexual encounters to simulate the degree to which such encounters generally implicate the relevant laws. By codifying statutory-rape laws in terms of their potential reach into sexual encounters, as opposed to using crude binary treatment variables, this simulation approach …

Brief Of Federal Courts Scholars As Amici Curiae In Support Of The Petitioner, Willaim Araiza, Howard M. Wasserman, Lawrence Sager, Stephen I. Vladeck, Ernest A. Young

Faculty Scholarship

No abstract provided.

Total Synthesis Of Biologically Active Natural And Unnatural Products, Julia Heimberger

College of Graduate Studies: Theses & Dissertations

Herbarin A and B were isolated from the fungal strains of Cladosporium herbarum found in marine sponges Aplysina aerophoba and Callyspongia aerizusa. Total synthesis of Herbarin A and B was achieved by carrying out a multi-step synthesis approach, and the antioxidant properties were evaluated using FRAP assay. Toxicity of these compounds was determined using a zebrafish embryo model. Furthermore, synthesis of C-6 alkyl-azaarene derivatives of nucleosides by Csp3-H bond functionalization were investigated. Effective incorporation of 2-methylazaarene moiety at the C-6 position of the protected inosine nucleoside provided a new class of compounds with anticipated enhanced biological activity.

Less Enforcement, More Compliance: Rethinking Unauthorized Migration, Emily Ryo

Faculty Scholarship

A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this Article examines unauthorized immigrants and their relationship to the law from a novel perspective to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in popular and …

"Least Restrictive Means”: Burwell V. Hobby Lobby, Noah Marks

Faculty Scholarship

No abstract provided.