Digital Commons Network^™

Coercive Insurance And The Soul Of Tort Law, Alexander Lemann

Faculty Publications

Scholars have long accepted the idea that there are alternatives to the tort system, particularly insurance, that are better at compensating victims than tort law. Tort law remains necessary, it has been assumed, because insurance lacks the ability to deter conduct that causes harm, and indeed it sometimes creates a moral hazard that increases incentives to engage in risky conduct. Scholars of insurance law, however, have observed that insurance has at its disposal a variety of tools that can help deter risky conduct. Recent technological developments lend dramatic support to this account. New telematics devices being used in automobiles can …

Communique, November 2016, Tennessee Health Facilities Commission

2016

This periodical is the monthly publication of the Health Services and Development Agency.

Improving Standards Of Care In Obstructed Labour: A Criteria-Based Audit At A Referral Hospital In A Low-Resource Setting In Tanzania, Andrew H. Mgaya, Hussein Kidanto, Lennarth Nystrom, Birgitta Essén

Faculty of Health Sciences, East Africa

Objective In low-resource settings, obstructed labour is strongly associated with severe maternal morbidity and intrapartum asphyxia, and consequently maternal and perinatal deaths. This study evaluated the impact of a criteria-based audit of the diagnosis and management of obstructed labour in a low-resource setting.

Methods A baseline criteria-based audit was conducted from October 2013 to March 2014, followed by a workshop in which stakeholders gave feedback on interventions agreed upon to improve obstetric care. The implemented interventions included but were not limited to introducing standard guidelines for diagnosis and management of obstructed labour, agreeing on mandatory review by specialist for cases …

Breech Delivery At A University Hospital In Tanzania, Ulf Högberg, Catrin Claeson, Lone Krebs, Agneta Skoog Svanberg, Hussein Kidanto

Faculty of Health Sciences, East Africa

Background There is a global increase in rates of Cesarean delivery (CD). A minor factor in this increase is a shift towards CD for breech presentation. The aim of this study was to analyze breech births by mode of delivery and investigate short-term fetal and maternal outcomes in a low-income setting.

Methods The study design was cross-sectional and the setting was Muhimbili National Hospital (MNH), Dar-es-Salaam, Tanzania. Subjects were drawn from a clinical database (1999–2010) using the following inclusion criteria: breech presentation, birth weight ≥ 2,500 g, single pregnancy, fetal heart sound at admission, and absence of pregnancy-related complication as …

Criteria-Based Audit To Improve Quality Of Care Of Foetal Distress: Standardising Obstetric Care At A National Referral Hospital In A Low Resource Setting, Tanzania, Andrew H. Mgaya, Helena Litorp, Hussein Kidanto, Lennarth Nyström, Birgitta Essén

Faculty of Health Sciences, East Africa

Background In Tanzania, substandard intrapartum management of foetal distress contributes to a third of perinatal deaths, and the majority are term deliveries. We conducted a criteria-based audit with feedback to determine whether standards of diagnosis and management of foetal distress would be improved in a low-resource setting.

Methods During 2013–2015, a criteria-based audit was performed at the national referral hospital in Dar es Salaam. Case files of deliveries with a diagnosis of foetal distress were identified and audited. Two registered nurses under supervision of a nurse midwife, a specialist obstetrician and a consultant obstetrician, reviewed the case files. Criteria for …

Negotiating Legitimate And Conflicting Values, Mark Hanson, Eboo Patel, Katie Baxter

Intersections

No abstract provided.

Religious Diversity And The Vocation Of A Lutheran College, Darrell Jodock

Intersections

No abstract provided.

Mapping Interfaith Encounters, Callista Isabelle

Intersections

No abstract provided.

One Isn't The Loneliest Of Numbers: N-Of-1 Trials, Jerry Yee

Nephrology Articles

No abstract provided.

University Of Dayton Magazine. Winter 2016-17, University Of Dayton Magazine

University of Dayton Alumni Publications

This issue includes the articles "Hard Knocks: Concussions, children and our schools," "Rudy: The Making of an Icon," and "His Life's Work."

Parental Leave At Bsu – What We Have And What We Need, Martina B. Arndt, Laura Ramsey, Kimberly E. Fox, Pamela J. Russell Dr, Michael Young

Bridgewater Review

No abstract provided.

The Effects Of Extrinsic Motivation On High School Attendance, Eric Conrad Wilken

Dissertations

The Missouri School Improvement Plan’s fourth standard addresses the importance of attendance to the accreditation of school districts. Because of this standard many school districts are in need of a successful plan to increase attendance; therefore, this study was designed to determine the extrinsic motivators educators use to encourage attendance and the influence the motivators have on students. The population for this study included accredited public school districts in the west central and southwest regions of Missouri. A stratified sample consisting of 45 high schools was selected from public school districts with 400 or fewer students in grades K-12 during …

A Mixed Method Study On Schema-Based Instruction, Mathematical Problem Solving Skills, And Students With An Educational Disability, Bill Casner

Dissertations

The purpose of this study was to determine the student outcomes of implementing schema-based instruction on students in grades 3-8 identified with an educational disability and ascertain how students’ developed mathematical problem solving skills. After special education teachers in a metropolitan school district in the Midwest administered a pre-assessment, the researcher used the results to select 21 students with an educational disability to participate in the mixed-methods study. Special education teachers implemented Asha K. Jitendra’s (2007) educational program titled, Solving Math Word Problems: Teaching Students with Learning Disabilities Using Schema-Based Instruction, during the 2013-2014 school year and taught participants using …

How We Care: Provider Perspectives On Services For Vietnamese Elderly In Boston’S Dorchester Neighborhood, Loan Thi Dao

Institute for Asian American Studies Publications

The need for culturally competent care for the elderly is of growing concern for Asian American and Pacific Islander (AAPI) communities and health providers. In 2012, a preliminary study was conducted to ascertain the perspectives of service providers about the cultural competency of services for elderly Vietnamese Americans in Boston, Massachusetts. The study includes interviews with key informants representing the five major community health centers (CHC) programs in Boston’s Vietnamese enclave in the Dorchester neighborhood. Secondary data collection from field observations and informal communications with other staff and elderly clients also inform the findings. While the study recognizes the value …

Control Of The Public Health It Physical Infrastructure: Findings From The 2015 Informatics Capacity And Needs Assessment Survey, Kelley Chester, Barbara L. Massoudi, Gulzar H. Shah

Health Policy & Management: Faculty Publications (2006-2018)

Background: Despite improvements in information technology (IT) infrastructure in public health, there is still much that can be done to improve the adoption of IT in state and local health departments, by better understanding the impact of governance and control structures of physical infrastructure.

Objective: To report out the current status of the physical infrastructure control of local health departments (LHDs) and to determine whether there is a significant association between an LHD's governance status and control of the physical infrastructure components.

Design: Data came from the 2015 Informatics Capacity and Needs Assessment Survey, conducted by Georgia Southern University in …

Public Health Staff Development Needs In Informatics: Findings From A National Survey Of Local Health Departments, Barbara L. Massoudi, Kelley Chester, Gulzar H. Shah

Health Policy & Management: Faculty Publications (2006-2018)

Context: Public health practice is information-intensive and information-driven. Public health informatics is a nascent discipline, and most public health practitioners lack necessary skills in this area.

Objective: To describe the staff development needs of local health departments (LHDs) related to informatics.

Design: Data came from the 2015 Informatics Capacity and Needs Assessment Survey, conducted by Georgia Southern University in collaboration with the National Association of County & City Health Officials.

Participants: A total of 324 LHDs from all 50 states completed the survey (response rate: 50%).

Main Outcome Measure(s): Outcome measures included LHDs' specific staff development needs related to informatics. …

An Iterative, Low-Cost Strategy To Building Information Systems Allows A Small Jurisdiction Local Health Department To Increase Efficiencies And Expand Services, Kay Lovelace, Gulzar H. Shah

Health Policy & Management: Faculty Publications (2006-2018)

Objective and Methods: The objective of this case study was to describe the process and outcomes of a small local health department's (LHD's) strategy to build and use information systems. The case study is based on a review of documents and semi-structured interviews with key informants in the Pomperaug District Health Department. Interviews were recorded, transcribed, coded, and analyzed.

Results and Conclusions: The case study here suggests that small LHDs can use a low-resource, incremental strategy to build information systems for improving departmental effectiveness and efficiency. Specifically, we suggest that the elements for this department's success were simple information systems, …

Electronic Health Records And Meaningful Use In Local Health Departments: Updates From The 2015 Naccho Informatics Assessment Survey, Karmen S. Williams, Gulzar H. Shah

Health Policy & Management: Faculty Publications (2006-2018)

Background: Electronic health records (EHRs) are evolving the scope of operations, practices, and outcomes of population health in the United States. Local health departments (LHDs) need adequate health informatics capacities to handle the quantity and quality of population health data.

Purpose: The purpose of this study was to gain an updated view using the most recent data to identify the primary storage of clinical data, status of data for meaningful use, and characteristics associated with the implementation of EHRs in LHDs.

Methods: Data were drawn from the 2015 Informatics Capacity and Needs Assessment Survey, which used a stratified random sampling …

Building Capacity And Transforming Lives: Anthropology Undergraduates And Religious Campus-Climate Research On A Public University Campus, Bonnie Glass-Coffin

Interfaith Initiative Research

This paper tells the story of how undergraduate researchers participating in an applied and participatory anthropological research project at Utah State University have used their research experience to help make our campus a more welcoming place for all who orient around religion and spirituality differently. The campus-climate research project described herein was designed to investigate the relationship between diverse religious and spiritual commitments and feelings of discomfort or well-being on our campus. Students who worked on this project gained valuable skills as researchers. Additionally, they became student leaders of a movement to promote a more welcoming climate on campus. Both …

Without Deference, Jeffrey A. Pojanowski

Missouri Law Review

I argue that such an alternative regime has appealing features but may not bring as much practical change as casual critiques or defenses of Chevron contemplate, at least immediately. The more immediate change would arise at the level of theory and rhetoric, which, in turn, may lead to greater practical changes in the longer run. The theoretical presuppositions underwriting a regime of non-deferential review are far more classical in cast than the moderate legal realism underwriting Chevron. Rejecting deference, therefore, would change how courts talk about the difference between law and policy in the administrative state. The resurrection of the …

Private Complements To Public Governance, Emily S. Bremer

Missouri Law Review

This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use …

Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin

Missouri Law Review

In Geier v. Missouri Ethics Commission, the appellant, Gerald Geier, asked the Supreme Court of Missouri to consider the constitutionality of Missouri’s reporting requirement statutes as applied to Stop Now!, an inactive political action committee (“PAC”). Geier argued that the reporting requirement failed to meet the exacting scrutiny standard because the State’s interest in receiving reports of inactivity did not outweigh the burden placed on Geier by the requirement. This Note analyzes the court’s application of exacting scrutiny in the instant decision. It also notes the limits of PAC disclosure requirements as a public policy tool in the absence of …

Toward A Context-Specific Chevron Deference, Christopher J. Walker

Missouri Law Review

With Justice Scalia’s passing, the Supreme Court is less likely to consider overturning the administrative law doctrines affording deference to agency statutory interpretations (Chevron deference) or agency regulatory interpretations (Auer deference). Without Justice Scalia on the Court, however, a different kind of narrowing becomes more likely. The Court may well embrace Chief Justice Roberts’s context-specific Chevron doctrine, as articulated in his dissent in City of Arlington v. FCC and his opinion for the Court in King v. Burwell. This Article, which is part of a symposium on the future of the administrative state, explores the Chief Justice’s more limited approach …

Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha

Missouri Law Review

Part II of this Note discusses the legal context in which this issue must be framed and gives a brief history of how the courts have handled public school drug-testing policies to this point. Part III examines the current state of drug testing in the academic setting – specifically focusing on the ongoing legal situation at Linn State. Part IV delves into questions concerning the Eighth Circuit’s current treatment of the Linn State situation, as well as the potential approaches that the judiciary could take in future cases.

Syntax Or Experience: What Should Determine If Sex Trafficking Qualifies As A Crime Of Violence?, Britteny Pfleger

Missouri Law Review

This Note analyzes the Fourth Circuit’s opinion in United States v. Fuertes, ultimately concluding that, contrary to the decision in Fuertes, sex trafficking should be considered a crime of violence under 18 U.S.C. § 924(c). Part II of this Note details the acts of German Ventura, a defendant charged with sex trafficking and possession of a gun during a crime of violence. Part III explores the purpose of § 924(c) and courts’ interpretations of “crime of violence”; it then considers federal circuit courts’ bases for finding sex trafficking under the TVPA to be a violent crime under a variety of …

Statutory Interpretation In Missouri, Matthew Davis

Missouri Law Review

Although countless secondary sources discuss the canons used to interpret statutory language, few thoroughly focus on the canons cited by Missouri courts. This four-part Note attempts to fill that void. Part II begins by organizing and concisely stating roughly thirty rules of statutory interpretation. Part III then contends that two of these principles – that the purpose of a statute should be furthered and that absurd outcomes should be avoided – often lend themselves to unpredictable results. Part IV concludes by suggesting one way this unpredictability could be minimized.

How Prosecutors And Defense Attorneys Differ In Their Use Of Neuroscience Evidence, Deborah W. Denno

Fordham Law Review

Much of the public debate surrounding the intersection of neuroscience and criminal law is based on assumptions about how prosecutors and defense attorneys differ in their use of neuroscience evidence. For example, according to some commentators, the defense’s use of neuroscience evidence will abdicate criminals of all responsibility for their offenses. In contrast, the prosecution’s use of that same evidence will unfairly punish the most vulnerable defendants as unfixable future dangers to society. This “double- edged sword” view of neuroscience evidence is important for flagging concerns about the law’s construction of criminal responsibility and punishment: it demonstrates that the same …

A Glimpse Inside The Brain’S Black Box: Understanding The Role Of Neuroscience In Criminal Sentencing, Bernice B. Donald, Erica Bakies

Fordham Law Review

This Article begins by discussing what neuroscience and the smaller associated field of study, neuropsychology, are and what they can tell us about an individual. It then recounts a brief history of sentencing in the United States. Additionally, it expounds on how the legal system currently utilizes neuroscience in the courts, noting specifically the ways in which neuroscience can be presented during the sentencing phase of trial. Finally, it discusses the use of neuroscience as a mitigating factor during sentencing and how judges can use neuroscience to combat their implicit biases.

Can Neuroscience Help Predict Future Antisocial Behavior?, Lyn M. Gaudet, Jason P. Kerkmans, Nathaniel E. Anderson, Kent A. Kiehl

Fordham Law Review

Part I of this Article reviews the tools currently available to predict antisocial behavior. Part II discusses legal precedent regarding the use of, and challenges to, various prediction methods. Part III introduces recent neuroscience work in this area and reviews two studies that have successfully used neuroimaging techniques to predict recidivism. Part IV discusses some criticisms that are commonly levied against the various prediction methods and highlights the disparity between the attitudes of the scientific and legal communities toward risk assessment generally and neuroscience specifically. Lastly, Part V explains why neuroscience methods will likely continue to help inform and, ideally, …

The Overlooked History Of Neurolaw, Francis X. Shen

Fordham Law Review

In this Article, I argue that our field should more readily acknowledge that there is a history to law and neuroscience. A central challenge is whether, and how, we will learn from this history. I do not endeavor here to provide a comprehensive history of brain science and law but rather to highlight a series of four important, yet often overlooked, “moments.” These moments are (1) foundational medico-legal dialogue in the nineteenth and early twentieth centuries, (2) the introduction of electroencephalography evidence into the legal system in the mid- twentieth century, (3) the use of psychosurgery for violence prevention in …