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The Human Side Of Public-Private Partnerships: From New Deal Regulation To Administrative Law Management, Alfred C. Aman, Joseph C. Dugan

Articles by Maurer Faculty

During the New Deal era, Congress created a then-unprecedented program of economic and regulatory reforms, establishing independent agencies, and empowering them to shape and enforce pragmatic industrial policies. Twenty-first century regulation looks strikingly different from the New Deal vision. While New Deal agencies continue to perform some regulatory functions, market approaches have replaced many traditional command-and-control formulations, with private entities stepping in to perform tasks historically reserved to government.

Though government-by-contract is becoming the new normal, neither the Administrative Procedure Act ("APA") nor many of its state equivalents provide adequate guidance to ensure that individual rights are protected and democratic …

The Interaction Of The Pregnancy Discrimination Act And The Americans With Disabilities Act After Young V. Ups, Deborah A. Widiss

Articles by Maurer Faculty

Pregnant women sometimes ask employers for accommodations – such as being able to sit on a stool or avoid heavy lifting – to permit them to work safely and productively. In 2015, in Young v. United Parcel Service, the Supreme Court held that the Pregnancy Discrimination Act (PDA) requires courts to scrutinize carefully denial of such requests. The facts in Young arose prior to the effective date of the ADA Amendments Act of 2008 (ADAAA); accordingly, the Court did not address how the ADAAA, which expanded the range of health conditions that qualify as disabilities, affects claims for accommodations under …

Developing A General Methodology For Evaluating Composite Action In Insulated Wall Panels, Taylor Sorensen

Faculty Publications

Precast concrete sandwich wall panels (PCSWPs) have been in use for over 60 years. They provide a very efficient building envelope for many buildings. Characteristic PCSWPs comprise an outer and inner layer (or wythe) of concrete separated by an insulating material. To use all of the material as efficiently as possible, the layers are attached by connectors which penetrate through the insulating layer and are embedded in either concrete wythe. These connectors make it possible for both layers of the wall to work together when resisting loads. The connectors are made out of plastic, or FRP, to prevent heat transfer …

Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment, Bethany L. Edmondson

Georgia Law Review

In December of 2014, the First Circuit Court of Appeals
held, en banc, that the Massachusetts Department of
Corrections was not constitutionally obligated to provide
Michelle Kosilek, a transgender prisoner, with sexual
reassignment surgery. Kosilek sued the prison, arguing
that her Eighth Amendment rights against cruel and
unusual punishment were violated. The First Circuit held
that Kosilek did not have a serious medical need, due to
the prison's alternative treatment, and that the prison was
not deliberately indifferent to that need. This Note argues
that the First Circuit erred in applying the "serious
medical need" prong of the cruel and …

The Grand Jury: A Shield Of A Different Sort, R. M. Cassidy, Julian A. Cook Iii

Georgia Law Review

According to the Washington Post, 991 people were shot to
death by police officers in the United States during calendar year
2015, and 957 people were fatally shot in 2016. A
disproportionate percentage of the citizens killed in these police-
civilian encounters were black. Events in Ferguson, Missouri;
Chicago, Illinois; Charlotte, North Carolina; Baton Rouge,
Louisiana; and Staten Island, New York-to name but a few
affected cities-have now exposed deep distrust between
communities of color and law enforcement. Greater transparency
is necessary to begin to heal this culture of distrust and to inform
the debate going forward about police practices …

Charting The Middle Course: An Argument For Robust But Well-Tailored Health Care Discrimination Protection For The Transgender Community, John E. Farmer

Georgia Law Review

Section 1557 of the Patient Protection and Affordable
Care Act offers sweeping discriminationprotections for
patients, applicable to both health insurers and health
care providers who receive federal funding or are
subject to federal administration. Placing itself in the
canon of federal antidiscriminationlaws, Section 1557
incorporates Title IX of the Education Amendments of
1972 to prohibit discrimination on the basis of sex.
Just how sweeping this aspect of Section 1557s
prohibitions is has been the subject of controversy
exemplified in litigation in the federal courts, as well as
in the starkly contrasting views of two presidential
administrations. The Department of Health …

Easy Credit And The Erosion Of Dischargeable Debt In Bankruptcy: Advocating For A Broad Interpretation Of 11 U.S.C. § 523(A)(2)(A) & (B)'S "Statement Respecting.. . Financial Condition", Tyler Sandifer

Georgia Law Review

The Bankruptcy Code largely exists to provide a
"fresh start" to debtors. But not everyone gets a free
pass. If a debtor has intentionally lied in order to
obtain money, property, services, or an extension,
renewal, or refinancing of credit, he receives no
protection. However, there is an exception built into the
code to protect debtors from predatory lenders intent on
gaming the system in an effort to eliminate insolvency
risk. The size of this exception has become a matter of
judicial debate over the past thirty-eight years as a
circuit split has slowly developed over the
interpretation of 11 …

Equity Issuance Of Health Care Firms After The 2007 Market Crash And The 2010 Affordable Ca1·E Act, James C. Brau, J. Troy Carpenter

Faculty Publications

We provide an empirical analysis of 195 initial public offerings (IPOs) and 547 seasoned equity offerings (SEOs) of health care firms that issued between 2008 and October 2016. This period represents eight years after the US financial crisis of late 2007 and also includes all equity issuances since the passage of the Affordable Care Act of late 2010. We compare and contrast our results with those of Brau and Holloway (2009) who study health care equity issuances from 1970-2008. We find that global health care issues in both the IPO and SEO markets are significantly over-represented in both the post-crash …

Redefining Medical Care, Lauren R. Roth

Scholarly Works

President Donald J. Trump has said he will replace the Affordable Care Act (ACA) with health savings accounts (HSAs). Conservatives have long preferred individual accounts to meet social welfare needs instead of more traditional entitlement programs. The types of “medical care” that can be reimbursed through an HSA are listed in § 213(d) of the Internal Revenue Code (Code) and include expenses “for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.”

In spite of the broad language, regulations and court interpretations have narrowed this definition substantially. …

Flexible Regulation Scholarship Blossoms And Diversifies: 1980-2012, Cristie Ford

All Faculty Publications

This piece reviews the 198 US law review articles that were most influential within flexible regulation scholarship (which includes meta regulation, responsive regulation, reflexive law, principles based regulation, new governance, and more) between 1980 and 2012, which also discussed innovation. It is chapter 4 of a forthcoming book on financial innovation and regulation. The analysis demonstrates that across this time period, flexible regulation scholars advocated for regulatory structures that were permeable to three main non-legal forces: market forces, deliberation and community norms, and industry standards. The image that emerges is of a diverse scholarly community, within which many adopted economics-derived …

Moving Past Michelin: Towards Judicial Reconsideration Of The Intersection Of Copyright And The Charter Right To Freedom Of Expression, Graham Reynolds

All Faculty Publications

On a regular basis over the past two decades, Canadian courts considering the intersection of the Charter right to freedom of expression and copyright have cited to Michelin v. CAW-Canada as authority. In this paper, I argue that it is no longer acceptable for them to do so. As I will establish, the approaches to the intersection of freedom of expression and copyright employed in Michelin rely upon and have been shaped by conceptions of copyright and freedom of expression that although once endorsed by the Supreme Court of Canada, are no longer valid, namely the author-centric view of copyright …

The Effects Of Stimulus Rate On Abr Morphology And Its Relationship To P1 Caep Responses And Auditory Speech Perception Outcomes In Children With Auditory Neuropathy Spectrum Disorder Evidence From Case Reports, Garrett Cardon, Rosemary J. Mcknight, Hannah Glick, Anu Sharma

Faculty Publications

Objective: Auditory neuropathy spectrum disorder (ANSD) affects approximately 5–15% of children with sensorineural hearing loss (SNHL). ANSD is characterized by the presence of otoacoustic emissions (OAE) and an absent or abnormal auditory brainstem response (ABR). The purpose of this study was to investigate the prognostic value of slow-rate ABR in predicting the auditory cortical development and auditory speech perception outcomes in case studies of children with ANSD. Design: ABR waveform characteristics were collected at slow stimulation rates (5.1 clicks/second) and a fast stimulation rates (>11–31.1 clicks/second, rates typically used in a clinical setting) in three case reports of children …

Structural Covariance Of Sensory Networks, The Cerebellum, And Amygdala In Autism Spectrum Disorder, Garrett Cardon, Susan Hepburn, Donald C. Rojas

Faculty Publications

Sensory dysfunction is a core symptom of autism spectrum disorder (ASD), and abnormalities with sensory responsivity and processing can be extremely debilitating to ASD patients and their families. However, relatively little is known about the underlying neuroanatomical and neurophysiological factors that lead to sensory abnormalities in ASD. Investigation into these aspects of ASD could lead to significant advancements in our general knowledge about ASD, as well as provide targets for treatment and inform diagnostic procedures. Thus, the current study aimed to measure the covariation of volumes of brain structures (i.e., structural magnetic resonance imaging) that may be involved in abnormal …

Tripping The Light Fantastic: A Comparative Analysis Of The European Commission's Proposals For New And Interim Financing Of Insolvent Businesses, Jennifer Payne, Janis P. Sarra

All Faculty Publications

The European Commission published a draft Directive in November 2016, with the aim of ensuring that all Member States have in place an effective mechanism for dealing with viable, but financially distressed, businesses. The draft Directive includes provisions designed to encourage financing for the debtor company, both interim financing to “keep the lights on” for a brief period while the debtor negotiates with its creditors for a resolution to its financial distress, and where possible, to finance implementation of a restructuring plan, called “new financing” in the draft Directive. Creating such a financing regime is a complex and difficult issue, …

Effects Of Laryngeal Activity On Articulation, Christopher Dromey, Katherine M. Black

Faculty Publications

Abstract—This study examined the effects of three speech conditions (voiced, whispered, and mouthed) on global average measures of articulatory movement during sentence production. Participants were 20 adults (ten males and ten females) with no history of speech, language, or hearing disorders. They produced six target utterances in the three speaking conditions. Movements of the following articulators were recorded with an electromagnetic articulograph: Mid tongue, front of tongue, jaw, lower lip, and upper lip. The kinematic metrics were averages derived from movement strokes defined by minima in the speed record of each articulator. These measures revealed a number of significant changes …

Effects Of Voice-Sparing Cricotracheal Resection On Phonation In Women, Christopher Dromey, Kristine Tanner, Mark L. Berardi, Lisa M. Mattei, Jenny L. Pierce, Jonathan J. Wisco, Eric J. Hunter, Marshall E. Smith

Faculty Publications

Introduction: Individuals with idiopathic subglottic stenosis (SGS) are at risk for voice disorders prior to and following surgical management. This study examined the nature and severity of voice disorders in patients with SGS before and after a revised cricotracheal resection (CTR) procedure designed to minimize adverse effects on voice function. Method: Eleven women with idiopathic SGS provided presurgical and postsurgical audio recordings. Voice Handicap Index (VHI) scores were also collected. Cepstral, signal-to-noise, periodicity, and fundamental frequency (F0) analyses wereundertaken for connected speech and sustained vowel samples. Listeners made auditory-perceptual ratings of overall qualityand monotonicity.Results: Paired samples statistical analyses revealed that …

Incorporating Spanish Language Instruction Into Health Sciences Programs In A Hispanic-Serving Institution, Connie Summers, Vannesa Mueller, Celia Pechak, Jeri J. Sias

Faculty Publications

Patient-provider language discordance is a growing problem in health care among Spanish-speaking patients. To produce graduates capable of linguistically competent care, three university programs are incorporating Spanish language instruction into their curricula (pharmacy, physical therapy, and speech-language pathology). We review these three models of Spanish language training and summarize the lessons learned to date. Differences in the training models reflect fundamental differences regarding the use of spoken language in the disciplines.

Vocal Fry Use In Adult Female Speakers Exposed To Two Languages, Todd A. Gibson, Connie Summers, Sydney Walls

Faculty Publications

Summary: Objective. Several studies have identified the widespread use of vocal fry among American women. Popular explanations for this phenomenon appeal to sociolinguistic purposes that likely take significant time for second language users to learn. The objective of this study was to determine if mere exposure to this vocal register, as opposed to nuanced sociolinguistic motivations, might explain its widespread use. Study Design. This study used multigroup within- and between-subjects design. Methods. Fifty-eight women from one of three language background groups (functionally monolingual in English, functionally monolingual in Spanish, and Spanish-English bilinguals) living in El Paso, Texas, repeated a list …

Language Of Intervention In Bilingual Children With Autism Spectrum Disorders, Connie Summers, Vanessa Smith, Vannesa Mueller, Victoria Alexander, Amelie Muzza

Faculty Publications

Selecting the appropriate language of intervention for bilingual children with language impairment is difficult, especially for bilingual children with autism spectrum disorders (ASD) as their families are often encouraged by professionals to select one language only for communication. The limited evidence supports the use of bilingual language interventions when working with bilingual children with ASD. The current study sought to expand this limited work by presenting preliminary data of the effects of a bilingual and monolingual treatment condition on the language skills of two bilingual children with ASD (ages 3 and 5) using an alternating treatment, single-subject design. The two …

Perceptions Of Mentoring Slps And Clinical Fellows During The Clinical Fellowship, Maria Resendiz, Connie Summers, Roxanna Ruiz-Felter, Elizabeth Belasco, Katherine Fox

Faculty Publications

The clinical fellowship (CF) is completed by speech-language pathologists (SLPs) after graduating with a master’s degree. The clinical fellow is supervised by a mentoring SLP who meets the qualifications set forth by the American Speech-Language-Hearing Association (ASHA). The current study focused on differences and similarities in expectations during the CF by the mentoring SLP and clinical fellow. Participants were asked about knowledge and skills for which clinical fellows are evaluated at the end of the CF in the areas of assessment and treatment. Clinical fellows wanted more help with assessment and less assistance with treatment. Mentoring SLPs felt assistance was …

The Application Of Half-Life In Clinical Decision Making: Comparison Of The Pharmacokinetics Of Extended-Release Topiramate (Usl255) And Immediate-Release Topiramate, Barry E. Gidal, Annie M. Clark, Bob Anders, Frank G. Gilliam

School of Medicine Publications

Highlights

• t1/2z may not adequately describe drug accumulation and distribution for some drugs.

• t1/2eff may be more appropriate; it describes drug-loss rate over dosing interval.

• For IR and XR topiramate, t1/2z was similar but t1/2eff was 1.5× longer for XR.

• Steady-state simulations predicted reduced fluctuation for XR topiramate vs IR.

Abstract

Objective

For extended-release drugs with multi-compartment kinetics, such as topiramate, effective half-life (t1/2eff) may be a more clinically relevant parameter than elimination half-life (t1/2z). Using topiramate as a real-life example, the objective was to compare these half-life values for immediate- and extended-release topiramate (TPM-IR and USL255, respectively) …

Suffolk University Graduate Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2017-2018, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the graduate programs in the College of Arts and Sciences and the Sawyer Business School. The catalog is a PDF version of the Suffolk website, so many pages have repeated information and links in the document will not work.

The catalog is keyword searchable by clicking ctrl+f. A-Z course descriptions are also included here as separate PDF files with lists of CAS and SBS courses. Please contact the Archives if you need assistance navigating this catalog or finding information on degree requirements or course descriptions.

Suffolk University Undergraduate Academic Catalog, College Of Arts And Sciences, 2017-2018, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the undergraduate programs in the College of Arts and Sciences. The catalog is a PDF version of the Suffolk website, so many pages have repeated information and links in the document will not work.

The catalog is keyword searchable by clicking ctrl+f. A-Z course descriptions are also included here as a separate PDF file listing all CAS course offerings. Please contact the Archives if you need assistance navigating this catalog or finding information on degree requirements or course descriptions.

Investigating Social Perceptions Associated With Water Quality In Morgantown, West Virginia, Jonas G. Leveque

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation investigates public perceptions of water quality in Morgantown, West Virginia. In recent years, water has become an increasingly critical issue in terms of quantity worldwide, and also in terms of quality. In developed countries such as the United States, water quality is often taken for granted by the general public. Nonetheless, recent water crises in Flint, Michigan and Charleston, West Virginia, are examples showing there are environmental risks associated with human activities. This dissertation explores the context of West Virginia, with coal mining that is decreasing and non-conventional oil and gas drilling that is increasing in the Appalachia …

Identity Gaps And Perceived Racial Prejudice In The Grandparent-Grandchild Relationship, Matthew J. Thomas

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study is to examine potential relationships between both blatant and subtle racial prejudice, identity gaps (as conceptualized by the communication theory of identity) and relationship satisfaction in the grandparent-emerging adult grandchild relationship. This study also addresses the discrepancy between grandchild perceptions of grandparent levels of blatant and subtle prejudice compared to the grandchild’s selfreport of blatant and subtle prejudice. Results of the current study (N = 460) confirm previous research that indicates both the personal-enacted and personal-relational identity gaps have a negative relationship with relationship satisfaction. Additionally, this study suggests that grandchildren perceive their grandparents’ racial …

Using A Multi-Omic Approach To Investigate A Diet Intervention In Young Adults At Risk Of Disease, Oluremi Ariel Famodu

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Poor dietary behaviors are widely recognized in the role of development and course of a variety of illnesses, including but not limited to cardiovascular disease, obesity, and diabetes. Young adults have increased risk due to poor dietary behaviors, especially as they transition into a college setting. The evidence demonstrates an urgency for developing treatment and prevention through dietary intervention approaches in this population. In addition to improper diet, investigators have connected abnormal gut microbiome (i.e. the collection of genes from our intestinal microbiota) to inflammation and obesity, therefore momentum has gained in treating the altered gut microbiome with dietary …

Examining Strain Propagation In The Lateral And Codominant Branch Attachment Using Digital Image Correlation, Robert T. Eckenrode Iv

Graduate Theses, Dissertations, and Problem Reports (ETD)

Static load testing of branches is a well-established method for examining attachment strength of trees. Information gathered from these experiments is used to better understand how branches fail, and predict how they are attached to their parent stem. Digital image correlation (DIC) is used to directly measure strain on the surface of materials during static load testing. By examining how strain moves through the branch attachment, a better understanding of how trees carry loads can also be attained. In these experiments, strain propagation in the branch connection zone of lateral and codominant stems was measured utilizing digital image correlation. In …

Student-Athletes' Experiences With Racial Microaggressions In Sport: A Foucauldian Discourse Analysis, Sae-Mi Lee

Graduate Theses, Dissertations, and Problem Reports (ETD)

Despite growing research on racial microaggressions as a subtle but prevalent form of racial discrimination, research on microaggressions in sport and their effects on the psychosocial wellbeing of athletes is scarce. Moreover, some researchers question the legitimacy of microaggressions due to their subtle nature and the inconsistency among individuals in how microaggressions are experienced (Lilienfeld, 2017). The purpose of this study was to examine U.S. collegiate student-athletes-of-colors' experiences with racial microaggressions in sport through a new theoretical lens, Foucauldian poststructuralist theory. I theorized microaggressions as an example of the daily panoptic gaze that leads to self-surveillance and the production of …

Modeling, Simulation And Decentralized Control Of Islanded Microgrids, Farideh Doost Mohammadi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Modeling, Simulation and Decentralized Control of Islanded Microgrids by Farideh Doost Mohammadi This thesis develops a comprehensive modular state-space model of microgrids containing inverter-based Distributed Energy Resources (DERs). The model is validated and then used for small signal stability enhancement and voltage and frequency control. State space models of various microgrid elements are first derived, which allow for the inclusion of any possible elements such as current controlled inverters that are missing in the literature. Then a complete state space model is obtained to complement the models that are available in the literature and whose objectives are system analysis only …

Characterization Of Insulin Sensitivity And The Plasma Lipidome In Periparturient Dairy Cows, Sina Saed Samii

Graduate Theses, Dissertations, and Problem Reports (ETD)

During the transition from gestation to lactation, dairy cows experience negative energy balance due to an increased demand for energy to support milk production coupled with inadequate energy intake. Energy deficit during the peripartum is associated with the development of insulin resistance which contributes to adipose tissue lipolysis. In turn, elevated free fatty acids (FFA) in circulation increase triacylglycerol (TAG) deposition in liver. This metabolic impairment is known to cause postpartum metabolic diseases including fatty liver and ketosis. Consequently, postpartum metabolic disease can lead to reduced milk production in early lactation, impaired reproductive performance, and increased culling rates. Moreover, cows …