Digital Commons Network^™

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

American Indian Law Journal

The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …

Understanding Behavioral Health And Treatment Engagement With Former Users Of Prenatal Substances: A Strengths-Focused Mixed Methods Inquiry, Jennifer G. Benson, Peggy Maclean, Andrew Hsi, Sarah J. Erickson

Psychology ETDs

Accessible services for users of prenatal substances are lacking, and treatment engagement is poor with services that are available. Furthermore, legal consequences are often punitive, which ultimately damages the well-being of mother and child. Milagro and FOCUS are two New Mexico programs that provide comprehensive, coordinated care, including medication-assisted treatment, to former users of prenatal substances during pregnancy (in the Milagro Program) and for three years post-birth (in the FOCUS Program). This mixed methods study explored the lived experiences of women from this complex, high-risk population, using a high-engagement sample of women who utilized services at both Milagro and FOCUS. …

Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward

William & Mary Bill of Rights Journal

No abstract provided.

Private Actors, Corporate Data And National Security: What Assistance Do Tech Companies Owe Law Enforcement?, Caren Morrison

William & Mary Bill of Rights Journal

When the government investigates a crime, do citizens have a duty to assist? This question was raised in the struggle between Apple and the FBI over whether the agency could compel Apple to defeat its own password protections on the iPhone of one of the San Bernardino shooters. That case was voluntarily dismissed as moot when the government found a way of accessing the data on the phone, but the issue remains unresolved.

Because of advances in technology, software providers and device makers have been able to develop almost impenetrable protection for their customers’ information, effectively locking law enforcement out …

Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, Emily J. Heltzel

William & Mary Bill of Rights Journal

No abstract provided.

The Fourth Amendment Disclosure Doctrines, Monu Bedi

William & Mary Bill of Rights Journal

The third party and public disclosure doctrines (together the “disclosure doctrines”) are long-standing hurdles to Fourth Amendment protection. These doctrines have become increasingly relevant to assessing the government’s use of recent technologies such as data mining, drone surveillance, and cell site location data. It is surprising then that both the Supreme Court and scholars, at times, have associated them together as expressing one principle. It turns out that each relies on unique foundational triggers and does not stand or fall with the other. This Article tackles this issue and provides a comprehensive topology for analyzing the respective contours of each …

Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary

William & Mary Bill of Rights Journal

This Article addresses touch DNA, chemical analysis of skin traces, and the implications for crime scene investigation, arguing that changes in how trace evidence is analyzed require alterations in the law’s approach to its use. Part I discusses the history of traditional DNA analysis. Part II examines the emergence of touch DNA and related technologies and how they differ from traditional DNA analysis. Part III outlines the specific risks created by the collection and storing of results under the current outdated jurisprudence. Part IV focuses on specific risks to suspects and victims of crime. Part V proposes a legal framework …

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

William & Mary Bill of Rights Journal

We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious.

As for ambition, the Court …

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey Kahn

William & Mary Bill of Rights Journal

Terry v. Ohio’s “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism. …

Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal

William & Mary Bill of Rights Journal

In at least two recent cases, courts have rejected service providers’ capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular third-party litigant could not. In the situations presented by the recent cases, by …

Environmental Ngo-Private Sector Partnerships: A Tool To Generate Business Value And Protect The Natural World, Carolyn Nogy Nogy

Master's Projects and Capstones

Many environmental challenges are complicated by complex and social, cultural, economic and political interactions, which are difficult to address by a single entity. However, partnerships can offer the necessary depth and versatility to address them effectively. By working together, there is an opportunity for cross sector partners to leverage their unique expertise, while blending resources to achieve more comprehensive and sustainable solutions to existing environmental problems. This project examines the use of partnerships between environmental NGOs and the private sector to manage complex environmental problems, providing a critical assessment of the partnership attributes that generate the most mutual benefit. The …

Float Rns: Unit Specific Tools To Promote A More Positive Float Experience, Tarra Abdullah-Grayson

Doctor of Nursing Practice (DNP) Projects

Despite efforts to transition large portions of primary health care services to more community-based outpatient settings, federal projections say the rising complexity of acute care will increase demand for RNs in hospital settings by 36% in 2020 (American Association of Colleges of Nursing [AACN], 2017). Other projections indicate that by 2025, the U.S. registered nursing shortage will expand to more than 260,000 (Buerhaus, Auerbach, & Staiger, 2009). In an effort to address the ongoing challenges of nursing staff shortages, many hospitals have established a core of internal float pool RNs as a practical and cost effective solution to address the …

Gerontological Community-Academic Partnership For An Msn Internship, Francine Serafin-Dickson

Doctor of Nursing Practice (DNP) Projects

The growing population of older adults beckons nursing education to evolve and prepare the future nursing workforce with skills and knowledge to coordinate care for the community-dwelling older adult (gerontological) population. The purpose of this project is to develop, implement, and evaluate academic partnerships with agencies serving community-dwelling older adults for the Master of Science in Nursing (MSN) Clinical Nurse Leader (CNL) students. The formation of Community-Academic Partnerships (CAP) offers the opportunity for an experiential learning internship in combination with a gerontological curriculum. The curriculum is integrated into the CNL role courses and internship, focusing on person-centered interactions with older …

Lee V. Willow Creek Ranch Estates No. 2 Subdivision Homeowners' Association, Inc. Clerk's Record Dckt. 45390

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Fake News: Can We Correct It All And Does It Matter If We Don't?, Emma C. Brickfield

Economics Department Student Scholarship

This paper looks to identify if correcting fake news articles is sufficient to prevent people from making decisions based on factually incorrect information. Through an experiment, I find that correcting a fake news article makes a person less likely to put money towards the issue that the fake story supported. I also find that over time people are more likely to forget the corrections but that it does not change their economic decision at a statistically significant rate.

The Road Taken That Has Made All The Difference: A Narrative Inquiry Of Student Engagement And Success In Butler Community College's Accelerated Learning Program In English, Troy Nordman

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this dissertation was to investigate whether students who completed the accelerated learning program (ALP) in English at Butler Community College in fall 2016 perceived a three-part, structured approach to the course as having been a significant factor to their persistence and successful completion of the course. These perceptions were gathered during the spring 2017 semester through one-on-one, face-to-face interviews with 12 students from the fall 2016 cohort. Utilizing the conceptual framework of narrative inquiry proposed by Clandinin (2006) allowing the individual student narratives to weave a common, thematic context, this study examined the specific factors associated with …

Venous Thromboembolism Within Professional American Sport Leagues., Meghan Bishop, Matthew Astolfi, Eric M. Padegimas, Peter F. Deluca, Sommer Hammoud

Department of Orthopaedic Surgery Faculty Papers

Background: Numerous reports have described players in professional American sports leagues who have been sidelined with a deep vein thrombosis (DVT) or a pulmonary embolism (PE), but little is known about the clinical implications of these events in professional athletes.

Purpose: To conduct a retrospective review of injury reports from the National Hockey League (NHL), Major League Baseball (MLB), the National Basketball Association (NBA), and the National Football League (NFL) to take a closer look at the incidence of DVT/PE, current treatment approaches, and estimated time to return to play in professional athletes.

Study Design: Descriptive epidemiology study.

Methods: An …

Assessing And Enhancing Nuclear Safety And Security Culture For Small Facilities That Handle Radioactive Material, Solymosi Máté

International Journal of Nuclear Security

The use of radioactive sources is expanding all over the world and abreast the necessity of the enhancement of its safe and secure application is increasing too. In the nuclear industry, the safety and security are top priorities since decades. They share the same goal, to protect humans from the negative affect of the ionizing radiation. The human component of them is a significant factor and technical solutions can protect us so far and thus the culture for safety and security become a major focus. On the other hand, there are still some contradiction between recommendations and international guidance of …

Diet And Activity Patterns Of Five Bat Species In North-Central Kansas, Holly G. Wilson

Master's Theses or Doctor of Nursing Practice

My study focuses on six bat species that occur in north-central Kansas. Although each species is widely distributed, information about their diet and activity patterns is lacking, especially within Kansas. Increased knowledge about bat species in Kansas can provide a baseline for future studies and conservation efforts for the species included in my study; big brown bat (Eptesicus fuscus), eastern red bat (Lasiurus borealis), hoary bat (Lasiurus cinereus), northern myotis (Myotis septentrionalis), evening bat (Nycticeius humeralis), and tricolored bats (Perimyotis subflavus) were captured and fecal samples were examined for diet diversity. I captured bats in mist nets in the Kansas …

Curating Contemporary Japanese Art: Exhibition Catalogue Production For Hidden Landscapes: Yasuaki Onishi And Invisible Space, Emily Lawhead

Master's Projects and Capstones

In the last decade, there has been a telling increase of attention given to contemporary Asian artists exhibited in the United States and Europe. Since 2008, artists from China, Japan, South Korea, and Central Asia have been featured in exhibitions from the Venice Biennale to the Whitney Biennale, and are becoming ever more present on the Western art stage. Meanwhile, curatorial practice, once focused on the care of objects, is shifting to encompass a wider range of creative activity. Curators are taking time to engage with living artists in a collaborative setting, rather than as impartial facilitators. This capstone seeks …

Development Of A Formalized Mentorship Program For Newly Licensed Registered Nurses At A Large Community Medical Center, Javier Moreno

Master's Projects and Capstones

With mentorship being a key to addressing several issues at a large community medical center, the leadership of the institution engaged with students of a Clinical Nurse Leader (CNL) Program to conduct a thorough assessment. This paper addresses the charge for a standardized and formalized evidence-based approach to a nurse mentorship program to address key areas that enhance not only the work environment but also the quality of care. These key areas include the 1) promotion of professional development and engagement via 2) acquisition of skills necessary to achieve nursing competence, 3) address lateral violence, 4) increase in staff retention …

Homecare Portacath Protocol In Ivig Administration, Cindy Watson

Master's Projects and Capstones

Homecare Portacath Protocol in IVIg Administration

The objective for this CNL internship project was to close a practice gap that was discovered while evaluating my microsystem for system improvements. My microsystem is a medium sized Home Health Agency with a specialty of in home infusion therapy. While evaluating protocols for immunoglobulin (Ig) infusion I found that there was no protocol for the administration of Ig by portacath. After consulting with the Director of Nursing (DON) and my colleagues on the Infusion Team, it was agreed that a current evidence based protocol was needed to close the practice gap. The methods …

Implementation Of A Fruit And Vegetable Voucher Program In San Francisco, Alexandra Kambur

Master's Projects and Capstones

Chronic disease has emerged as the predominant public health challenge of the 21st century. Chronic diseases like cardiovascular disease, cancer, type 2 diabetes and obesity have maintained their top positions as the leading causes of poor health, disability, death, and high health-care expenditures for over a decade. Health and hunger go hand-in-hand. Today over 15 million households in the United States struggle with food insecurity, meaning they do not have sufficient access to food that meets their dietary needs for an active and healthy life. The issue of food insecurity in cities like San Francisco, California is exacerbated by the …

Oh Baby! Evaluating The Impact Of Blossom's Natural Childbirth Prep Course On Women's Childbirth Experience, Florence Oxenham

Master's Projects and Capstones

The United States has some of the highest rates of maternal morbidity and mortality among developed countries. Comprehensive childbirth education is an important component of improving maternal health outcomes. This project was a pilot evaluation of a childbirth education course offered by Blossom Birth Services, a community-based non-profit organization providing resources for new and expectant families in the San Francisco Bay Area. A 41-item survey questionnaire was developed and administered to explore the impact of Blossom’s Natural Childbirth Prep course on women’s knowledge, feelings, and sense of self-efficacy regarding childbirth. Likert scales were used and thematic analysis of qualitative data …

Constitutional Reform: Decolonization In The Comoros Islads, Nicholas A. Daou

Capstone Collection

Since its independence in 1975 the Union of Comoros has seen a great deal of political upheaval as a part of its decolonization process. This study examines the period between 1975 and 2001 with special emphasis on the 1997 Secession Crisis and the methods by which that crisis was resolved. The literature review is composed of predominantly native Comorian authors, supplemented by several French authors and information from international organizations. The events and literature are also examined through the lenses of the psychoanalytical group identity theory of Vamik Volkan and the Conflict Transformation work of Johan Galtung. Data regarding attitudes …

Editors' Note, Chelsea Lee, Makayla Okamura

Criterion: A Journal of Literary Criticism

No abstract provided.

Acquisition Of Aquatic Motor Skills Through Children’S Motor Stories, Juan Antonio Moreno Murcia, Elisa Huescar Hernandez, Jose Antonio Richart Parra

International Journal of Aquatic Research and Education

An increasing interest in the renewal of traditional recreational content and the use of the aquatic environments as educational resources is supported by very few empirical, evidence-based studies that link the two. This quasi-experimental study analyzed the role of stories in influencing perceived motor competence and real motor skills in seventy-eight children ages between 4 and 5 years through the administration of two questionnaires on aquatic motor ability and aquatic motor competence. Differences were found in aquatic motor competence (p < .01) and aquatic motor ability (p < .05) for the experimental group, where higher means values were obtained after the intervention. We present this methodological proposal as a useful educational tool for early childhood stimulation with achievements that go beyond motor progress itself.