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2015

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Using An Evidence-Based Care Bundle To Improve Thai Emergency Nurses' Knowledge Of Care For Patients With Severe Traumatic Brain Injury, J Damkliangmns, J Considine, B Kent, M Street Dec 2015

Using An Evidence-Based Care Bundle To Improve Thai Emergency Nurses' Knowledge Of Care For Patients With Severe Traumatic Brain Injury, J Damkliangmns, J Considine, B Kent, M Street

School of Nursing and Midwifery

Aims and objectives. To test the feasibility of an evidence-based care bundle in aThai emergency department. The specific objective of this study was to examinethe impact of the implementation of the care bundle on the initial emergencynursing management of patients with severe traumatic brain injury.Background. A care bundle approach is one strategy used to improve the consistency, quality and safety of emergency care for different patients groups, however,has not been tested in patients with severe traumatic brain injury.Design. A pretest/post-test design was used. The study intervention was an evidence-based care bundle for initial emergency nursing management of patientswith severe traumatic …


Nursing Home Placement In The Donepezil And Memantine In Moderate To Severe Alzheimer's Disease (Domino-Ad) Trial: Secondary And Post-Hoc Analyses, R Howard, R Mcshane, J Lindesay, Et Al Dec 2015

Nursing Home Placement In The Donepezil And Memantine In Moderate To Severe Alzheimer's Disease (Domino-Ad) Trial: Secondary And Post-Hoc Analyses, R Howard, R Mcshane, J Lindesay, Et Al

School of Psychology

BACKGROUND: Findings from observational studies have suggested a delay in nursing home placement with dementia drug treatment, but findings from a previous randomised trial of patients with mild-to-moderate Alzheimer's disease showed no effect. We investigated the effects of continuation or discontinuation of donepezil and starting of memantine on subsequent nursing home placement in patients with moderate-to-severe Alzheimer's disease. METHODS: In the randomised, double-blind, placebo-controlled Donepezil and Memantine in Moderate to Severe Alzheimer's Disease (DOMINO-AD) trial, community-living patients with moderate-to-severe Alzheimer's disease (who had been prescribed donepezil continuously for at least 3 months at a dose of 10 mg for at …


Making Heat Visible: Promoting Energy Conservation Behaviors Through Thermal Imaging, Julie Goodhew, Sabine Pahl, Tim Auburn, Steve Goodhew Dec 2015

Making Heat Visible: Promoting Energy Conservation Behaviors Through Thermal Imaging, Julie Goodhew, Sabine Pahl, Tim Auburn, Steve Goodhew

School of Psychology

Householders play a role in energy conservation through the decisions they make about purchases and installations such as insulation, and through their habitual behavior. The present U.K. study investigated the effect of thermal imaging technology on energy conservation, by measuring the behavioral effect after householders viewed images of heat escaping from or cold air entering their homes. In Study 1 (n = 43), householders who received a thermal image reduced their energy use at a 1-year follow-up, whereas householders who received a carbon footprint audit and a non-intervention control demonstrated no change. In Study 2 (n = 87), householders were …


Pilot Randomised Controlled Trial Of Protective Socks Against Usual Care To Reduce Skin Tears In High Risk People “Stopcuts”: Study Protocol, Rj Powell, Cj Hayward, Cl Snelgrove, K Polverino, Et Al Dec 2015

Pilot Randomised Controlled Trial Of Protective Socks Against Usual Care To Reduce Skin Tears In High Risk People “Stopcuts”: Study Protocol, Rj Powell, Cj Hayward, Cl Snelgrove, K Polverino, Et Al

Peninsula Medical School

BACKGROUND: Skin tears are traumatic injuries occurring mostly on the extremities due to shearing and friction forces that separate the epidermis and the dermis from underlying tissues. They are common and occur mostly in older adults and those taking medications that compromise skin integrity. Pretibial skin tears can develop into leg ulcers, which require lengthy, expensive treatment to heal. Traumatic injuries are the second most common type of wounds after pressure ulcers in care homes and are the commonest reason for older adults to require the attention of a community nurse. Common causes of skin tear injuries are bumping into …


V.52-5, 2015 Masthead Dec 2015

V.52-5, 2015 Masthead

San Diego Law Review

No abstract provided.


Legitimacy And The International Trade Regime, Thomas Christiano Dec 2015

Legitimacy And The International Trade Regime, Thomas Christiano

San Diego Law Review

Issues of global justice and trade are usually dealt with in terms of what a just system of trade is like and what the distribution of income, opportunities, or welfare ought to be. But the question I address and explore is what a legitimate way of making decisions in the international realm is. This issue has arisen acutely in the case of the formation of the World Trade Organization (WTO) and other international institutions. In particular, many have complained that developed countries engaged in hard bargaining with developing countries in the conferences that led up to the formation of the …


How To Construct Global Justice, Aaron James Dec 2015

How To Construct Global Justice, Aaron James

San Diego Law Review

Do social relationships between people give rise to any demands of social justice whatsoever? If they do, are they of any practical significance given the relationships living human beings are actually in? And, might they be so significant as to ground a theory of global justice—if not the whole of anything rightly called justice, then at least of the central range of issues in world politics? Finally, could that perhaps be what a political philosophy of global justice should mainly be about?

Here, in bare outline, is how the answers to all of these questions might be “yes,” at least …


From Theory To Practice I: Passing Judgments Of Exploitation, Mathias Risse, Gabriel Wollner Dec 2015

From Theory To Practice I: Passing Judgments Of Exploitation, Mathias Risse, Gabriel Wollner

San Diego Law Review

In an earlier work, we offered a view on how trade should be treated within a theory of global justice. We proposed an account of exploitation to spell out the nature of the obligations that arise from trading. That account greatly benefits from a detailed development for concrete cases. The goal of this study and its close companion is to explore how our philosophical views help formulate judgments on a range of moral problems that arise from trading and to identify responsibilities of various actors and inform policy responses to instances of exploitation in trade.

To that end we use …


Two Conceptions Of Justice And The Dystopia Of Global Justice, Horacio Spector Dec 2015

Two Conceptions Of Justice And The Dystopia Of Global Justice, Horacio Spector

San Diego Law Review

Political associations raise special questions of justice. Some authors contend that those special questions derive from characteristic features of the modern state. For instance, Thomas Nagel argues that two defining features of the political community justify associative redistributive duties that hold among its members but not among members and nonmembers. Those features are the fact that the political community exercises sovereign power over its members by resorting to the imposition of coercive rules and the fact that it exercises that power in the name of its members. In this paper, I will not challenge this assertion but will nonetheless argue …


Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón Dec 2015

Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón

San Diego Law Review

In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group’s claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …


Walking With God Or The Devil,...Which? And The King's Gold Mine, Bud Robinson Nov 2015

Walking With God Or The Devil,...Which? And The King's Gold Mine, Bud Robinson

Heritage Material

No abstract provided.


How Dogs Love Us: A Neuroscientist And His Dog Decode The Canine Brain. Gregory Berns, Alison Shaw Nov 2015

How Dogs Love Us: A Neuroscientist And His Dog Decode The Canine Brain. Gregory Berns, Alison Shaw

Emerging Topics in Academic Libraries

No abstract provided.


Two Honors Students Debate At Oxford University, Brenda Ayres Nov 2015

Two Honors Students Debate At Oxford University, Brenda Ayres

Honorable Mention

Honors students Kaitlyn Schiess and Leonora Crane competed in the Oxford Inter-Varsity Debating Competition, Nov. 13-14 in London.


Liberty University’S 2016 Undergraduate Research Symposium, Brenda Ayres Nov 2015

Liberty University’S 2016 Undergraduate Research Symposium, Brenda Ayres

Honorable Mention

Information about LU's 2016 Undergraduate Research Symposium


The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk Nov 2015

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …


Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara Nov 2015

Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara

Pace Law Review

The story began nearly a century ago, when Congress enacted the Jones Act and effectively made “seamen the most generously treated personal injury victims in American law.” But defining a Jones Act seaman has not come easy, as it took the United States Supreme Court seventy five years to arrive at the modern seaman status test. This commentary examines the “tortured history” of the Jones Act, how qualification for the statute’s protections has evolved, the modern seaman status test, and the implications of the Fifth Circuit’s recent application thereof. Section II gives a brief history and explanation of maritime law …


Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi Nov 2015

Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi

Pace Law Review

The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.


Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel Nov 2015

Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel

Pace Law Review

In pursuit of a greater understanding of this controversial subject, this article will: (1) explore the contract principles and public policy considerations that are implicated by an insurer’s breach of its defense duty; (2) consider recent case law addressing relevant issues; and (3) recommend a comprehensive approach that accommodates competing interests. Ultimately, the author concludes that in most circumstances an insurer that wrongfully disclaims its duty to defend should be precluded from raising defenses as to coverage in an action to indemnify the insured for monies paid out by the insured.


You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor Nov 2015

You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor

Pace Law Review

Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process …


Grit And Legal Education, Emily Zimmerman, Leah Brogan Nov 2015

Grit And Legal Education, Emily Zimmerman, Leah Brogan

Pace Law Review

One factor that has received much attention in recent years is “grit,” which has been defined as “perseverance and passion for long-term goals.” Although grit has been studied in a number of different contexts, grit is understudied in the context of legal education. In light of the existing research regarding grit and performance, and the ongoing interest in law student learning, motivation, and performance, we undertook a research project to investigate the relationship between grit and law school academic performance. Although we hypothesized that grit would be positively related to law school GPA, we did not find a statistically significant …


Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian Nov 2015

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …


Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne Nov 2015

Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne

Pace Law Review

After discussing the recent history of and need for regulatory reform in the U.K., this article will summarize the RIIO framework and analyze the three parts best suited for import into the regulatory frameworks of American states. Specifically, the article will evaluate how a performance-based framework with (1) longer rate cases, (2) proportionate assessment, and (3) a focus on total expenditures limiting regulatory asset value, should positively influence the U.S. regulatory landscape. While RIIO is only used for transmission and distribution in the U.K., there is a potential for its performance-based approach to be used in generation as well as …


Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken Nov 2015

Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken

Pace Law Review

In a sense, through its whistleblower provision, the Dodd-Frank Act has enabled the government to use corporate employee whistleblowers to support criminal prosecutions. That position finds agreement in this article, but the conclusion reached is that the results to be obtained from the whistleblower provision will be positive. Through an analysis of the Dodd-Frank Act, this article discusses further the new reach of the FCPA, particularly in light of the whistleblower and conflict-minerals provisions in the Dodd-Frank Act. Finally, this article concludes that although the new provisions can be costly, the provisions are beneficial. The traditional corporate model is now …


Groundings Volume Two, Issue Two Nov 2015

Groundings Volume Two, Issue Two

Groundings

This is the full issue of Groundings Vol. 2, Iss. 2. It includes a wrap of both the 12th Annual Walter Rodney Symposium and the 3rd Annual Walter Rodney Speakers Series; a piece by Jesus Chucho Garcia that honors the late Norman Girvan; the official Save the Date for the 13th Annual Walter Rodney Symposium; information on the republication of The Groundings with My Brothers; a photo-narrative by Julian Plowden on the student protests at the Atlanta CNN Center; we then have 3 pieces surrounding the Walter Rodney Commission of Inquiry by Wazir Mohamed, Anne Braithwaite, and Rohit Kanhai, …


Not In My Hospital: The Future Of State Statutes Requiring Abortion Providers To Maintain Admitting Privileges At Local Hospitals, Daniel J. Glass Nov 2015

Not In My Hospital: The Future Of State Statutes Requiring Abortion Providers To Maintain Admitting Privileges At Local Hospitals, Daniel J. Glass

Akron Law Review

In recent years, state legislatures have enacted a variety of restrictive statutes making it more difficult for abortion providers to serve their patients, typically in the name of health and safety. Those opposing these restrictive statutes commonly refer to them as Targeted Regulation of Abortion Providers (TRAP) laws. This Note discusses admitting privileges statutes, which require that abortion providers maintain permissions with a local hospital to admit and treat their patients. Admitting privileges statutes have been challenged in federal courts, but the resulting decisions have been inconsistent. This Note compares the analysis used by federal circuits and district courts in …


From Nipples To Powder, Marian Kousaie Nov 2015

From Nipples To Powder, Marian Kousaie

Akron Law Review

Working moms are a force to be reckoned with. They often balance demanding jobs with equally demanding familial obligations. They pack lunches, schedule play dates, and head the soccer team carpool while juggling client needs and prepping for board meetings. But sometimes, when a new mother is ready to jump back into the workforce, she is met with a difficult decision—whether or not to continue breastfeeding her baby. Even though she is a force to be reckoned with, does her workplace provide the support that she needs to continue to provide breast milk to her baby? Questions present themselves about …


Fundamental Unenumerated Rights Under The Ninth Amendment And The Privileges Or Immunities Clause, Adam Lamparello Nov 2015

Fundamental Unenumerated Rights Under The Ninth Amendment And The Privileges Or Immunities Clause, Adam Lamparello

Akron Law Review

The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creating unenumerated fundamental rights has been a persistent but rarely discussed aspect of the Court’s jurisprudence. That should change. There need not be an ongoing tension between the Court’s counter-majoritarian role and the authority of states to govern through the democratic process. If the Constitution’s text gives the Court a solid foundation upon which to recognize new rights and thereby create a more just society, then the exercise of that power is fundamentally democratic. The Ninth Amendment and Privileges or Immunities Clause provides that …


The Five Days In June When Values Died In American Law, Bruce Ledewitz Nov 2015

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Akron Law Review

During a five day period in June, 1992, every Justice on the United States Supreme Court joined one or the other of two opinions that denied the objectivity of values—either Justice Kennedy’s majority opinion in Lee v. Weisman or Justice Scalia’s dissent in Planned Parenthood v. Casey. Both of these opinions expressed the view that normative judgments are merely human constructions. This moment represents symbolically the death of values in American law. The arrival of nihilism at the heart of American law is a world-changing event for law that must be acknowledged.

The death of values was announced by …


Alimony's Job Lock, Margaret Ryznar Nov 2015

Alimony's Job Lock, Margaret Ryznar

Akron Law Review

In family law, courts often prevent people who owe alimony from changing jobs. If a job change is accompanied by a salary decrease, the court will not necessarily readjust the alimony obligation and instead impute the higher income to the obligor. This Article introduces the term “job lock” to describe this situation, borrowing the term from the health care context, wherein job immobility due to health insurance concerns has received significant scrutiny. This Article draws similar attention to the alimony context, proposing a balancing test to assist courts interested in alleviating job lock under certain circumstances.


Plea Bargaining As Dialogue, Rinat Kitai-Sangero Nov 2015

Plea Bargaining As Dialogue, Rinat Kitai-Sangero

Akron Law Review

This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position …