Digital Commons Network^™

Refining The Edinburgh Postpartum Depression Screening: Is There A Distinct Role For Anxiety?, Meada R. Daly-Cano

Open Access Dissertations

Anxiety and depressive symptoms were investigated using the Edinburgh Postpartum Depression Scale (EPDS) in a convenience sample of 371 mothers who were referred to a maternal mentoring program for mothers with, or at risk for, postpartum depression. Social support is considered a protective factor for postpartum mothers at risk for depression but there is less research about the connection between postpartum anxiety and social support.

A factor analysis of the EPDS provided evidence of a two-factor correlated model with a three-item anxiety subscale and six-item depression subscale. Comparisons, using chi-square tests, were done of risk factors, associated with postpartum depression …

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

Scholarly Works

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …

The False Allure Of Settlement Pressure, Nicholas Almendares

Articles by Maurer Faculty

The threat of “blackmail” or “in terrorem” settlements have shaped the law, leading courts to conclude that if the plaintiff does not appear likely to win the case, then the litigation should be halted at an early stage. This Article questions the established logic of settlement pressure. After clarifying the concept and presenting the strongest case for it, I show that it cannot serve as the basis for wide-ranging civil procedure doctrines. Doing so has perverse results, such as privileging the defendant’s idiosyncratic tastes and helping corporate managers hide important facts from their shareholders. In addition, settlement pressure is not …

Project Sweat (Summer Weight And Environmental Assessment Trial): Study Protocol Of An Observational Study Using A Multistate, Prospective Design That Examines The Weight Gain Trajectory Among A Racially And Ethnically Diverse Convenience Sample Of Economically Disadvantaged School-Age Children, Laura C. Hopkins, Christine Penicka, Carly Evich, Blake Jones, Carolyn Gunther

Faculty Publications

Introduction Racial/ethnic minority school-age children are at risk for unhealthy weight gain during the summer, and there is a dearth of information regarding the underlying behavioural and environmental factors. The study objective is to provide an in-depth examination of dietary and physical activity behaviours and food, physical activity, and social environments of African American and Hispanic school-age children during the summer.

Methods and analysis An observational study will be conducted using a multistate (Ohio and Indiana, USA) prospective design examining the weight gain trajectory among a racially/ethnically diverse convenience sample of economically disadvantaged school-age children. In addition, a subset of …

Sleep Disturbances And Depression Severity In Patients With Parkinson’S Disease, Daniel Kay, Jared J. Tanner, Dawn Bowers

Faculty Publications

Objectives: Parkinson’s disease (PD) is a multisystem movement disorder associated with sleep disturbance and depression. Sleep disturbances and depression severity share a bidirectional association. This association may be greater in individuals who are more vulnerable to the deleterious consequences of sleep disturbance and depression severity. We investigated whether the association between sleep disturbances and depression severity is greater in patients with PD than in matched controls (MC).

Materials and Methods: The study sample (N = 98) included 50 patients with idiopathic PD and 48 age-, race-, sex-, and education-matched controls. Sleep disturbances were assessed using self-reported total sleep time (TST) …

Female Family Members Lack Understanding Of Indeterminate Negative Brca1/2 Test Results Shared By Probands, Wendy C. Birmingham, Deborah O. Himes Msn, Aprn-Bc, Deborah K. Gibbons, Renea L. Beckstrand, Amanda Gammon, Anita Y. Kinney, Margaret F. Clayton

Faculty Publications

Genetic test results have important implications for close family members. Indeterminate negative results are the most common outcome of BRCA1/2 muta-tion testing. Little is known about family members' understanding of indeterminate negative BRCA1/2 test results. The purpose of this mixed-methods study was to in-vestigate how daughters and sisters received and understood genetic test results as shared by their mothers or sisters. Participants included 81 women aged 40–74 with mothers or sisters previously diagnosed with breast cancer and who received inde-terminate negative BRCA1/2 test results. Participants had never been diagnosed with breast cancer nor received their own genetic testing or counseling. …

Securing The Internet Of Healthcare, Michael Mattioli, Scott J. Shackelford, Steve Myers, Austin Brady, Yvette Wang, Stephanie Wong

Articles by Maurer Faculty

Cybersecurity, including the security of information technology (IT), is a critical requirement in ensuring society trusts, and therefore can benefit from, modern technology. Problematically, though, rarely a day goes by without a news story related to how critical data has been exposed, exfiltrated, or otherwise inappropriately used or accessed as a result of supply chain vulnerabilities. From the Russian government's campaign to influence the 2016 U.S. presidential election to the September 2017 Equifax breach of more than 140-million Americans' credit reports, mitigating cyber risk has become a topic of conversation in boardrooms and the White House, on Wall Street and …

The Ethical Practice Of Human-Centered Civil Justice Design, Victor D. Quintanilla, Haley Hinkle

Articles by Maurer Faculty

Over the past two decades, legal professionals have increasingly engaged in a new form of professional activity: civil justice design. In the past, legal professionals handled cases and transactions for clients or served as neutrals, including mediators and arbitrators, who helped to resolve disputes between parties. Today, legal professionals increasingly play a principal design role in creating systems that resolve streams of conflicts, disputes, and grievances between parties. Lawyers regularly now create internal grievance procedures, procedures for companies to resolve disputes with customers, and court-annexed alternative dispute resolution systems. The emergence of this new role raises difficult questions about the …

The New Writs Of Assistance, Ian Samuel

Articles by Maurer Faculty

The providers of network services (and the makers of network devices) know an enormous amount about our lives. Because they do, these network intermediaries are being asked with increasing frequency to assist the government in solving crimes or gathering intelligence. Given how much they know about us, if the government can secure the assistance of these intermediaries, it will enjoy a huge increase in its theoretical capacity for surveillance—the ability to learn, in principle, almost anything about anyone. That has the potential to create serious social harm, even assuming that the government continues to adhere to ordinary democratic norms and …

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, W. William Weeks, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson

Articles by Maurer Faculty

Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate-change impacts; (2) consider conservation tools other than perpetual conservation …

Life In The Sweatbox, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne

Articles by Maurer Faculty

The time before a person files bankruptcy is sometimes called the financial “sweatbox.” Using original data from the Consumer Bankruptcy Project, we find that people are living longer in the sweatbox before filing bankruptcy than they have in the past. We also describe the depletion of wealth and well-being that defines people’s time in the sweatbox. For those people who struggle for more than two years before filing bankruptcy—the “long strugglers”—their time in the sweatbox is particularly damaging. During their years in the sweatbox, long strugglers deal with persistent collection calls, go without healthcare, food, and utilities, lose homes and …

Autonomy In The Age Of Autonomous Vehicles, Michael Mattioli

Articles by Maurer Faculty

This essay describes intertwined policy challenges related to autonomous vehicle data. The policy goals of promoting privacy, safety, competition, and commerce are all so deeply intertwined, I conclude, that they must be understood and addressed together. This essay does not attempt to solve the problem. Instead, it presents a descriptive snapshot of the current state of play in the industry and closes by raising a set of questions. I hope these questions will prompt useful discussions among policy experts and the public.

Against Seminal Principles: Ethics, Hubris, And Lessons To Learn From Illicit Inseminations, Jody L. Madeira, Steven R. Lindheim Md, Mark V. Sauer Md

Articles by Maurer Faculty

This short essay addresses the ethical implications of Illicit inseminations, instances of fertility fraud in which a physician uses his own gametes to impregnate a patient.

Wayfair: Sales Tax Formalism And Income Tax Nexus, David Gamage, Adam Thimmesch, Darien Shanske

Articles by Maurer Faculty

This is the second of a series of essays wherein we analyze the U.S. Supreme Court's decision in South Dakota v. Wayfair. In this essay, we address issues related to sales tax formalism and income tax nexus.

The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Innovation Diffusion In The Legal Industry, William D. Henderson

Articles by Maurer Faculty

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an "innovation diffusion curve" and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in …

Reaching And Teaching Millennials: Designing The Future Of Student Services, Kimberly Mattioli, Brian Detweiler, Mike Martinez Jr.

Articles by Maurer Faculty

Today’s students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their …

Cumulative Finality, Bryan Lammon

Georgia Law Review

A proper notice of appeal is a necessary first step in
most federal appeals. But federal litigants sometimes
file their notice of appeal early, before district court
proceedings have ended. When those proceedingsfinally
end and no new notice is filed, the law of cumulative
finality determines what effect-if any-the premature
notice has. Sometimes the notice is effective and the
appeal proceeds as normal. Sometimes it's not, and
litigants lose their right to appeal.
At least, that's how the law of cumulative finality looks
from a distance. Up close, the courts of appeals are
hopelessly divided on matters of cumulative finality. …

Families And Workplaces, E. Jeffrey Hill, Erin K. Holmes

Faculty Publications

In order to survive and thrive, every family must both provide for and nurture its members. This is true regardless of the particular structure, size, ethnicity, religious affiliation, sexual orientation, or cultural background of the family. Physical needs of families are most frequently met through paid labor in workplaces. Nurturing needs of individuals are most commonly met by family members in the home. Learning how to simultaneously provide for and nurture one's family in harmony is of interest to everyone but very difficult to achieve. It is not wonder that research on the interface between families and workplaces has exploded …

The Bearish Bankruptcy, Diane L. Dick

Georgia Law Review

Modern bankruptcy practice under Chapter 11
presumptively excludes the large and publicly-traded
corporate debtor's shareholders from the negotiation
table based on a longstanding assumption that they
have no economic interest to protect because most
bankrupt companies are insolvent. But bankruptcy
practice overlooks a shareholder's most important
economic interest: the right to enjoy the reorganized
firm's unlimited upside potential after all creditor
claims are satisfied. This interest, which is essentially
an option right, is totally ignored in the debtor's
hypothetical liquidation analysis. In a similar way,
the debtor's upside potential is not fully captured by
prevailing enterprise valuation techniques.
Of course, …

Proactive Social Validation Of Methods And Procedures Used For Training Speech Production In Aphasia, Tyson G. Harmon, Lucy Hardy, Katarina L. Haley

Faculty Publications

Background: Social validation evaluates the importance and acceptability of treatment goals, procedures, and outcomes. Previous studies for treatments that train speech production in aphasia have applied social validation during the post-treatment period or to treatment protocols that are already fully developed.

Aims: The purposes of this study were to (1) examine the social validity of goals and procedures experienced in speech production treatment for people with aphasia and (2) evaluate the feasibility of procedural choice-making during such tasks.

Method: Seven people with aphasia and eight speech-language pathologists were interviewed about previous treatment that targeted speech production. Participants were also observed …

Law, Religion, And Immigration: Building Bridges With Express Lanes, Mark Goldfeder, Gideon Sapir

Scholarly Works

This Article asks whether it can ever be moral or legal to use certain criteria, including nationality and/or religion, in formulating preferential immigration policies. In order to answer the question, it presents an in-depth look at the controversial "right of return, " focusing in particular on the example of the Israeli Law of Return. It contains a detailed history of the law and its development; a defense of the right of return in general; the principle and contextual arguments in favor of an amendment to or abrogation of Israel’s law; and a theoretical and practical defense of the law, with …

Behavioral Household Finance, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

This chapter provides an overview of household finance. The first part summarizes key facts regarding household financial behavior, emphasizing empirical regularities that are inconsistent with the standard classical economic model and discussing extensions of the classical model and explanations grounded in behavioral economics that can account for the observed patterns. This part covers five topics: consumption and savings, borrowing, payments, asset allocation, and insurance. The second part addresses interventions that firms, governments, and other parties deploy to shape household financial outcomes: education and information, peer effects and social influence, product design, advice and disclosure, choice architecture, and interventions that directly …

How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky

Scholarly Works

As a licensing exam, the purpose of the bar exam is consumer protection–-ensuring that new lawyers have the minimum competencies required to practice law effectively. As critics point out, however, the exam, and particularly the multiple-choice question portion of the exam, has significant flaws because it assesses legal knowledge and analysis in an artificial and unrealistic context, and the closed-book format rewards the ability to memorize thousands of legal rules, a skill unrelated to law practice.

This essay discusses how to improve the exam by changing its multiple-choice content and format. We use two law licensing exams to illustrate how …

Development Of Bioreactors For Comparative Study Of Naturalattenuation, Biostimulation, And Bioaugmentation Ofpetroleum-Hydrocarbon Contaminated Soil, Mohammad-Saeed Safdari, Hamid-Reza Kariminia, Mahmood Rahmati, Farhad Fazlollahi, Alexandra Polasko, Shaily Mahendra, W Vincent Wilding, Thomas H. Fletcher

Faculty Publications

Bioremediation of soil and groundwater sites contaminated by petroleum hydrocarbons is known as a technically viable, cost-effective, and environmentally sustainable technology. The purpose of this study is to investigate laboratory-scale bioremediation of petroleum-hydrocarbon contaminated soil through development of eight bioreactors, two bioreactors for each bioremediation mode. The modes were: (1)natural attenuation (NA); (2) biostimulation (BS) with oxygen and nutrients; (3) bioaugmentation (BA)with hydrocarbon degrading isolates; (4) a combination of biostimulation and bioaugmentation (BS-BA). Total petroleum hydrocarbons (TPH) mass balance over the bioreactors showed about 2% of initial20,000 mg kg-soil−1TPH was removed by advection due to synthetic groundwater which was flow-ing …

Life Activity Choices By People With Aphasia: Repeated Interviews And Proxy Agreement, Tyson G. Harmon, Katarina L. Haley, Jennifer L. Womack, Karen L. Mcculloch, Richard A. Faldowski

Faculty Publications

Background: Person-centered rehabilitation requires that meaningful life activities are identified on a case-by-case basis, but the discovery process can be inaccessible for clients with aphasia. Card-sorting methodology addresses core barriers and help clients communicate their preferences.

Aims: To characterize life activities that people with aphasia want to do, to estimate consistency in selections over time, and to replicate previous findings about the ability of family members and friends to identify their loved ones’ activity preferences.

Methods & Procedures: We administered the Life Interests and Values (LIV) Cards to 26 people with aphasia, asking them which of 95 …

Justice As Harmony: The Distinct Resonance Of Chief Justice Beverley Mclachlin's Juridical Genius, Marcus Moore

All Faculty Publications

Chief Justice McLachlin’s juridical work has earned special praise, but what specifically distinguishes it among the work of other leading jurists has proven elusive for lawyers and social scientists to identify. My experience as a law clerk to McLachlin CJC suggested a distinct approach never comprehensively articulated, but intuitively well-known and widely-emulated among those in her sphere of influence. Drawing on the Chief Justice’s public lectures—where she often explained and offered deeper reflection on the McLachlin Court’s defining jurisprudence—I make the case in this article that at the heart of that approach is a quality best described as the pursuit …

Vulnerability, Canadian Disaster Law And The Beast, Jocelyn Stacey

All Faculty Publications

This article is the first step in a major research project on Canadian disaster law. As such, the article's first objective is to map the terrain of the law in Canada that governs disasters. To provide context for this exercise in mapping, the article focuses on the circumstances surrounding the 2016 Fort McMurray wildfire ('the Beast'). Focusing on the 'the Beast' also gives rise to the article's second objective: a critical examination of the ways in which Canadian disaster law fails to reflect foundational social science research on disaster harm. The article argues that the current framework of Canadian law …

The Use Of Item Response Theory In Survey Methodology: Application In Seat Belt Data, Mark K. Ledbetter, Norou Diawara, Bryan E. Porter

Mathematics & Statistics Faculty Publications

Problem: Several approaches to analyze survey data have been proposed in the literature. One method that is not popular in survey research methodology is the use of item response theory (IRT). Since accurate methods to make prediction behaviors are based upon observed data, the design model must overcome computation challenges, but also consideration towards calibration and proficiency estimation. The IRT model deems to be offered those latter options. We review that model and apply it to an observational survey data. We then compare the findings with the more popular weighted logistic regression. Method: Apply IRT model to the observed data …

Examining Acoustic And Kinematic Measures Of Articulatory Working Space: Effects Of Speech Intensity, Christopher Dromey, Jason A. Whitfield, Panika Palmer

Faculty Publications

Purpose: The purpose of this study was to examine the effect of speech intensity on acoustic and kinematic vowel space measures and conduct a preliminary examination of the relationship between kinematic and acoustic vowel space metrics calculated from continuously sampled lingual marker and formant traces. Method: Young adult speakers produced 3 repetitions of 2 different sentences at 3 different loudness levels. Lingual kinematic and acoustic signals were collected and analyzed. Acoustic and kinematic variants of several vowel space metrics were calculated from the formant frequencies and the position of 2 lingual markers. Traditional metrics included triangular vowel space area and …