Digital Commons Network^™

Whole-Genome Sequencing And Disability In The Nicu: Exploring Practical And Ethical Challenges., Michael J. Deem

Manuscripts, Articles, Book Chapters and Other Papers

Clinical whole-genome sequencing (WGS) promises to deliver faster diagnoses and lead to better management of care in the NICU. However,several disability rights advocates have expressed concern that clinical use of genetic technologies may reinforce and perpetuate stigmatization of and discrimination against disabled persons in medical and social contexts. There is growing need, then, for clinicians and bioethicists to consider how the clinical use of WGS in the newborn period might exacerbate such harms to persons with disabilities. This article explores ways to extend these concerns to clinical WGS in neonatal care. By considering these perspectives during the early phases of …

Please Do Whatever It Takes To End Our Daughter's Suffering!, Stéphan Clément De Cléty, Marie Friedel, A A Eduard Verhagen, John D. Lantos, Brian S. Carter

Manuscripts, Articles, Book Chapters and Other Papers

What is the best way to care for a child with severe neurologic impairment who seems to be dying and is in intractable pain? Can we give sedation as we remove life support? Is it ethically permissible to hasten death? In the United States, 5 states have legalized assisted suicide (although only for competent adults). In Belgium and the Netherlands, euthanasia is legal for children under some circumstances. We present a case in which parents and doctors face difficult decisions about palliative care. Experts from Belgium, the Netherlands, and the United States then discuss how they would respond to such …

Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen

Scholarly Works

This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …

Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson

Scholarly Works

The Patient Protection and Affordable Care Act (ACA) makes available to certain middle and lower-income individuals a refundable tax credit, the Premium Tax Credit (PTC), designed to help them pay the premiums on their qualified health care plans. To achieve Congress’s goal of making health insurance affordable, the PTC is most often provided directly to an individual’s insurance provider each month in advance of actually claiming the PTC on the individual’s year-end annual tax return. Of the almost twelve million individuals who have enrolled in health insurance through the federal and state health exchanges in 2015, 85% of these individuals …

Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger

Scholarly Works

An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”

My …

From Victims To Litigants, Elizabeth L. Macdowell

Scholarly Works

This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help programs may inadvertently work to curtail, rather than expand, advocacy resources. Furthermore, problems identified with self-help service delivery and negative impacts on advocacy systems may be explained by the structure of work within self-help programs and the nature of partnerships to provide self-help services. The Author uncovers previously unseen impacts of self-help programs on survivors …

When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan

Scholarly Works

The legal protection of free speech for immigrants in the United States is surprisingly limited, and it may be under more threat than is commonly understood. Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the Constitutional protections that we normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, a broad claim has been made by the Department of Justice that immigrants who have not been legally admitted to the country have …

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Scholarly Works

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule).

This Article addresses the question of what it means for …

Speaking Of Stories And Law, Linda H. Edwards

Scholarly Works

A recurring question in narrative scholarship has been the relationship of narrative to law. Most narrative scholars agree that stories are central to law. As Stephen Paskey recently pointed out, stories are more than a tool for persuasion. They are embedded in law’s very structure. But how does that work? Are rules just stories articulated in a different form?

We have barely begun to explore narrative’s roles, but it is already clear that, in the words of Meryl Streep, “it’s complicated.” A conceptual map of what we’ve learned so far can help us unpack the complexity. Otherwise we may run …

“Law &” Meets “Law As”, Linda L. Berger

Scholarly Works

Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.

Inattentional Blindness: Psychological Barriers Between Legal Mandates And Progress Toward Workplace Gender Equality, Rachel J. Anderson

Scholarly Works

This Article uses a law and psychology approach to identify ways to strengthen the administration of justice in the corporate workplace. Essentially, a better understanding of human behavior provides insights that are useful in crafting effective laws and improving the implementation of existing laws. The analysis of perception gaps due to inattentional blindness uncovers an under-theorized factor contributing to an enduring problem. Part I sets out the workforce crisis at the individual, company, national, and international levels and the role of gender inequality in this crisis and the pace of change. Part II discusses perception gaps among demographic groups as …

"An Equally Divided Court": Workplace Law In The U.S. Supreme Court 2015-2016, Ruben J. Garcia

Scholarly Works

The 2015-2016 Term of the United States Supreme Court was scarcely halfway over when Justice Antonin Scalia passed away on February 12, 2016. This event and the political gridlock over his successor defined the Term in some ways more than the actual decisions of the Court, particularly when the resulting vacancy led an “equally divided” Supreme Court to affirm the courts below in a one sentence judgment. The most watched of these cases in workplace law was Friedrichs v. California Teachers Association, where the Supreme Court’s 4-4 tie avoided the overruling of decades of precedent upholding the constitutionality of agency …

Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White

Scholarly Works

Professor John Valery White argues that the crisis in higher education has been framed around discomfort with and critiques of changes that have taken place in the last few decades as universities grew and became more complex, and more expensive. These arguments raise valid and significant concerns about higher education and its subcomponents like legal education but on the whole have missed the true challenge to higher education of recent years. He argues that the significant current policy push to improve college attainment has led to the loss of academic authority and leadership by higher education institutions, their administrators, and …

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …

Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley

Scholarly Works

Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone

Scholarly Works

Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …

"Life Beyond Life": Reading Milton's Areopagitica Through Enlightenment Vitalism, Erik L. Johnson

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

“Leadership Means Moving A Community Forward”: Asian American Community College Students And Critical Leadership Praxis, Melissa Ann Loredo Canlas

Doctoral Dissertations

Asian Americans are underrepresented in both formal leadership positions and leadership research (Foldy & Ospina, 2009) and rarely are Asian Americans viewed as leaders, activists, or agents of social change. Leadership development programs, particularly those focused on social and racial justice, are largely absent from the curriculums and educational experiences of Asian Americans (Omatsu, 2006), and few leadership development programs focus specifically on the needs of Asian Americans (Chung, 2014; Liang, Lee, & Ting, 2002), particularly at the community college level.

This study addressed the need for critical leadership development for Asian American community college students, focusing specifically on leadership …

Voices Of Female, Rural Superintendents As They Implement California's Local Control Funding Formula Policy, Claudia Coughran

Doctoral Dissertations

Improving American schools, and as a result, the educational leaders who guide and oversee American schools, has an historic background; yet research to accomplish the improvement is rooted in urban schools and male educational leaders, particularly the superintendent of schools. National and state leaders have used education policy as a means to improve student achievement for decades. California played a pivotal roll in the national trend for numerous years; most recently with the Local Control Funding Formula (LCFF) policy passed in 2013. The purpose of this study was to listen to the voices of female, rural superintendents as they implemented …

Effects Of Training On Intent, Ease, Self-Efficacy, Frequency, And Usefulness In Multimedia-Based Feedback For University-Level Instructors Using Canvas® Lms, Christopher Kent O'Leary

Doctoral Dissertations

The purpose of this study was to investigate how training and professional development effected university-level instructors’ perceived usefulness, perceived ease of use, behavioral intent to use, perception of self-efficacy, and frequency of use of audio-, video-, and speech-to-text-recognition-based technologies associated with the feedback and assessment process in college-level teaching. Except for usefulness, each dependent variable was divided into two based on whether the item was multimedia or not: (a) use of technology with multimedia and (b) use of technology without multimedia. The convenience sample included 52 university-level instructors who had enrolled in either the Canvas® Essentials (a basics course) or …

War Torts: Accountability For Autonomous Weapons, Rebecca Crootof

Law Faculty Publications

Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they may take actions that look like war crimes—the sinking of a cruise ship, the destruction of a village, the downing of a passenger jet—without any individual acting intentionally or recklessly. Absent such willful action, no one can be held criminally liable under existing international law.

Criminal law aims to prohibit certain actions, and individual criminal liability allows for the evaluation of whether someone is guilty of a moral wrong. Given that a successful ban on autonomous weapon systems is unlikely …

Midi Electronic Wind Instrument: A Study Of The Instrument And Selected Works, Matthew J. Swallow

Graduate Theses, Dissertations, and Problem Reports (ETD)

The development of the MIDI (Musical Instrument Digital Interface) electronic wind instrument (EWI) stemmed from earlier electronic instruments including analog/digital synthesizers, earlier control devices (Lyricon), and electronic instruments using a "blow tube trigger generator" (Yamaha WX) or breath controllers (Yamaha BC). Developing such devices began as early as the 1940s and were originally intended for compositional use instead of performance. However, the technology of electro-acoustic sounds continued to expand commercially from the 1950s through the 1970s, including more general access to sound synthesis and live performance. Various companies including Yamaha, Akai, Moog, Korg, and others would establish lines of synthesizers …

Situational Awareness Enhancement For Connected And Automated Vehicle Systems, Amin Tahmasbi Sarvestani

Graduate Theses, Dissertations, and Problem Reports (ETD)

Recent developments in the area of Connected and Automated Vehicles (CAVs) have boosted the interest in Intelligent Transportation Systems (ITSs). While ITS is intended to resolve and mitigate serious traffic issues such as passenger and pedestrian fatalities, accidents, and traffic congestion; these goals are only achievable by vehicles that are fully aware of their situation and surroundings in real-time. Therefore, connected and automated vehicle systems heavily rely on communication technologies to create a real-time map of their surrounding environment and extend their range of situational awareness. In this dissertation, we propose novel approaches to enhance situational awareness, its applications, and …

Gender-Specific Motivators And Barriers To Adopting Healthful Diets And Losing Weight Among Middle-Aged West Virginians, Stephanie K. Thompson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Gender-specific motivators and barriers to adopting healthful diets and losing weight among middle-aged West Virginians Stephanie K. Thompson Background: About 70% of West Virginia adults are overweight and obese. Diet is a modifiable determinant of weight-related conditions. Innovative interventions are needed to help overcome the barriers to prevent and delay chronic conditions. In order to implement an intervention that is needed, learning the motivators and barriers to healthful eating and weight loss is the first step.;Objective: To learn what helps or hinders healthful eating and weight loss among middle-aged adults in West Virginia.;Methods: Gender-specific focus groups were conducted among 45 …

Distribution And Habitat Use Of The Western Sand Darter (Ammocrypta Clara) And The Eastern Sand Darter (Ammocrypta Pellucida) In The Elk River, West Virginia, Patricia A. Thompson

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis examines the distribution and habitat use of two sympatric sand darter species, the western sand darter (Ammocrypta clara) and the eastern sand darter (A. pellucida). This thesis includes three chapters: (1) an introduction and literature review on the western and eastern sand darters, habitat use, and species distribution models; (2) a substrate selection laboratory experiment; and, (3) an evaluation of sympatric sand darter habitat use at multiple scales in the Elk River. Sand darters are slender, sand-dwelling fishes that were once broadly distributed, but have since undergone range-wide population declines, presumably owing to habitat loss. Habitat use studies …

Using The Instructional Beliefs Model To Examine Instructional Feedback In The Classroom, Melissa F. Tindage

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this dissertation was to examine the role that instructional feedback plays in student engagement using Weber, Martin, and Myers's (2001) Instructional Beliefs Model (IBM). The proposed IBM for this dissertation included first-order constructs (i.e., instructional feedback, course workload, course difficulty, and students' feedback orientation), a second-order construct (i.e., feedback self-efficacy), and a third-order construct (i.e., student engagement). As hypothesized, instructional feedback (i.e., developmental, fairness) is positively associated with feedback self-efficacy, while course workload and course difficulty are negatively associated with feedback self- efficacy. However, only two dimensions of students' feedback orientation (i.e., utility, retention) were positively associated …

The Effects Of Overprotective Parenting On Academic Self-Esteem: The Moderating Role Of Teachers, Brittany R. Valdez

Graduate Theses, Dissertations, and Problem Reports (ETD)

Overprotective parenting, or "helicopter parenting" as it is known in the media, is characterized by high levels of behavioral and psychological control, and has been found by previous empirical studies to be linked to several maladaptive child outcomes (Wood, McLeod, Sigman, Hwang, & Chu, 2003). These outcomes include increased levels of anxiety, depression (Bayer, Sanson, & Hemphill, 2006; LeMoyne & Buchanan, 2011; Schiffrin, Liss, Miles-McLean, Geary, & Erchull 2013), and shyness (Bayer, et al., 2006; Rubin, Coplan, & Bowker, 2009) as well as decreased academic outcomes (Bernstein & Triger, 2010; Padilla-Walker & Nelson, 2012). However, much of the research regarding …

Autism Spectrum Disorders Among Adults: Burden Of Healthcare Services' Utilization And Expenditures, Rini Vohra

Graduate Theses, Dissertations, and Problem Reports (ETD)

Study 1.;Background: Individuals with autism spectrum disorders (ASD) have extensive comorbidities. The current literature lacks documentation of prevalence of different types of comorbidities and their association with healthcare utilization and expenditures among adults with ASD as compared to adults without ASD.;Aim: To determine: 1) the differences in prevalence of psychiatric, non-psychiatric comorbidities, other health conditions, healthcare utilization, and expenditures among adults with and without ASD; and 2) the association of type of comorbidity with healthcare utilization and expenditures of adults with ASD.;Method: A retrospective cohort study using claims data from three state Medicaid Analytic eXtract was conducted. Adults aged 22--64 …

Identification And Functional Predication Of Long Non-Coding Rnas In Rainbow Trout And Cattle, Jian Wang

Graduate Theses, Dissertations, and Problem Reports (ETD)

The simplest definition of a long noncoding RNA (lncRNA) is an RNA transcript larger than 200 nucleotides that does not encode for a functional protein product. This definition distinguishes lncRNAs from small regulatory RNAs such as microRNAs (miRNAs), short interfering RNAs (siRNAs), Piwi-interacting RNAs (piRNAs) and other short RNAs. They have emerged as a new class of regulatory transcripts in recent years. Recent advances in sequencing technologies have opened a new horizon for the identification and annotation of this class of RNAs in many species. With the increasing evidence supporting important roles of lincRNAs in diverse processes, a systematic catalog …

Board Out Of Your Mind: Mapping Players' Mental Models Of Game Systems And Potentials For Systems-Thinking Instruction, Joe A. Wasserman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Despite evidence that game-based instruction is effective, and suggestive evidence that they are specifically effective for teaching systems thinking---the ability to think about complex systems---the mechanisms behind this learning are not well understood. One promising perspective on game-based learning is rooted in the development of mental models of game systems. Mental models are cognitive representations of the perceived entities and relationships between entities in a system. This study explores the entities and entity relationships in novice players' mental models of an analog game. Grounded, interpretive analysis of mental models externalized through cognitive mapping identified five categories of entities: formal game …