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2018

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Characterization Of Free-Radical Solution Polymerizations Of Acrylamide Initiated By Persulfate Initiator Systems, Yashu Chen Jan 2018

Characterization Of Free-Radical Solution Polymerizations Of Acrylamide Initiated By Persulfate Initiator Systems, Yashu Chen

Masters Theses

”In order to reduce the water production and improve the oil recovery of mature reservoir, various conformance control technologies have been extensively developed. Preformed particle gel (PPG), a cost-effective plugging agent, has been successfully applied to block the high permeability zone and thus to displace the water to up-swept zone.

A common PPG based on polyacrylamide hydrogel have been wildly used. Identifying the parameters that affect gelation performance and understand how these parameters affect the performance is very useful to predict and manipulate the gelation time and to control the performance of gels.

The objective of this research is to …


Numerical And Experimental Analysis Of Local Buckling Of Axially Loaded Steel Tubes Confined By Concrete And Frp, Nicholas Colbert Jan 2018

Numerical And Experimental Analysis Of Local Buckling Of Axially Loaded Steel Tubes Confined By Concrete And Frp, Nicholas Colbert

Masters Theses

“The hollow core Fiber-Reinforced-Polymer (FRP) concrete circular-steel (HC-FCS) column consists of an outer circular fiber reinforced polymer (FRP) tube, an inner thin-walled circular steel tube concentrically aligned, and a concrete shell between them. Research has been performed on the performance of the member as a whole, but to date, there has been no investigation into the behavior of the steel tube confined in the column. 17 small-scale columns were tested under axisymmetric axial compressions applied directly to the steel tube under displacement control. The conducted parametric study examined the effects of diameter-to-thickness (D/t) ratio, concrete unconfined compressive strength, FRP thickness, …


Thermal Curing Efficiency Of Geopolymer Mortars, Simon Peter Sargon Jan 2018

Thermal Curing Efficiency Of Geopolymer Mortars, Simon Peter Sargon

Masters Theses

”Missouri is the fourth largest coal consumer in the U.S. with coal-fired power plants generate 81.3% of the electricity in the state which generate about 2.7 million tons of coal combustion residuals (CCRs) annually. The CCR, including fly ash, disposal issue is not limited to Missouri, rather it is a national issue with CCRs being the second largest waste stream in the U.S. Ninety million tons of fly ash are stored in landfills and ash ponds annually. Hence, using this waste product effectively is necessary. One of the emerging applications of fly ash is to use it as binder in …


Multiscale Approaches Toward Advanced Lithium-Ion Battery: From Nano To Meso Scale, Susmita Sarkar Jan 2018

Multiscale Approaches Toward Advanced Lithium-Ion Battery: From Nano To Meso Scale, Susmita Sarkar

Masters Theses

“Battery performance and its degradation are determined by various aspects such as the transport of ions and electrons through heterogeneous internal structures composed of constituent particles, kinetic reactions at the interfaces, and a corresponding interplay between mechanical, chemical, and thermal responses. Further, modern battery materials require a variety of engineering processes such as coating, doping and mixing. As a result, in order to fully understand the behavior of the battery material and improve battery performance, it is necessary to understand and control the individual particle behavior and then connect it to the electrode. This study elucidated the physical phenomena associated …


Laser-Aided Additive Manufacturing Of Glass, John Michael Hostetler Jan 2018

Laser-Aided Additive Manufacturing Of Glass, John Michael Hostetler

Masters Theses

“This thesis presents various approaches for the laser-aided additive manufacturing of glass. First, a technique is investigated to create free-form, low to zero coefficient of thermal expansion structures out of silica-gel. A CO2 laser was coupled through a gantry system and focused onto a binder-free silica-gel powder bed (15-40 μm particles). Prior to writing each layer, powder is dispensed by sifting it onto the build platform as opposed to a conventional wiper system, avoiding contacting and potentially damaging sensitive parts. After deposition, the parts are annealed in a furnace to increase their strength. The influence of various process parameters …


Find Cancer Early: Evaluation Of A Community Education Campaign To Increase Awareness Of Cancer Signs And Symptoms In People In Regional Western Australians, Emma J. Croager, Victoria Gray, Iain S. Pratt, Terry Slevin, Simone Pettigrew, C. D'Arcy Holman, Max K. Bulsara, Jon D. Emery Jan 2018

Find Cancer Early: Evaluation Of A Community Education Campaign To Increase Awareness Of Cancer Signs And Symptoms In People In Regional Western Australians, Emma J. Croager, Victoria Gray, Iain S. Pratt, Terry Slevin, Simone Pettigrew, C. D'Arcy Holman, Max K. Bulsara, Jon D. Emery

Health Sciences Papers and Journal Articles

Introduction: Cancer outcomes for people living in rural and remote areas are worse than for those living in urban areas. Although access to and quality of cancer treatment are important determinants of outcomes, delayed presentation has been observed in rural patients.

Methods: Formative research with people from rural Western Australia (WA) led to the Find Cancer Early campaign. Find Cancer Early was delivered in three regions of WA, with two other regions acting as controls. Staff delivered the campaign using a community engagement approach, including promotion in local media. Television communications were not used to minimize contamination in the control …


International Validation Of The Eortc Qlq-Prt20 Module For Assessment Of Quality Of Life Symptoms Relating To Radiation Proctitis: A Phase Iv Study, Georgia K.B Halkett, Charles Adam Wigley, Samar M. Aoun, Maurizio Portaluri, Francesco Tramacere, Lorenzo Livi, Beatrice Detti, Stefano Arcangeli, Jo-Asmund Lund, Are Kristensen, Nathalie Mcfadden, Arne Grun, Sean Bydder, Irina Sackerer, Elfriede Greimel, Nigel Spry, Eortc Quality Of Life Group Jan 2018

International Validation Of The Eortc Qlq-Prt20 Module For Assessment Of Quality Of Life Symptoms Relating To Radiation Proctitis: A Phase Iv Study, Georgia K.B Halkett, Charles Adam Wigley, Samar M. Aoun, Maurizio Portaluri, Francesco Tramacere, Lorenzo Livi, Beatrice Detti, Stefano Arcangeli, Jo-Asmund Lund, Are Kristensen, Nathalie Mcfadden, Arne Grun, Sean Bydder, Irina Sackerer, Elfriede Greimel, Nigel Spry, Eortc Quality Of Life Group

Health Sciences Papers and Journal Articles

Background: Although patients experience radiation proctitis post radiotherapy no internationally tested instruments exist to measure these symptoms. This Phase IV study tested the scale structure, reliability and validity and cross-cultural applicability of the EORTC proctitis module (QLQ-PRT23) in patients who were receiving pelvic radiotherapy.

Methods: Patients (n = 358) from six countries completed the EORTC QLQ-C30, QLQ-PRT23 and EORTC Quality of Life Group debriefing questions. Clinicians completed the EORTC Radiation Therapy Oncology Group scale. Questionnaires were completed at four time-points. The module’s scale structure was examined and validated using standard psychometric analysis techniques.

Results: Three items were dropped from the …


How Are Junior Doctors Managing Patients With Self-Limiting Illnesses At Their First Presentation? A Video Vignette Study, Eugene D'Souza, Catherine Krejany, Rosie Meng, Moyez Jiwa Jan 2018

How Are Junior Doctors Managing Patients With Self-Limiting Illnesses At Their First Presentation? A Video Vignette Study, Eugene D'Souza, Catherine Krejany, Rosie Meng, Moyez Jiwa

Medical Papers and Journal Articles

Purpose: To conduct a video vignette survey of medical students and doctors investigating test ordering for patients presenting with self-limiting or minor illness.

Methods: Participants were shown six video vignettes of common self-limiting illnesses and invited to devise investigation and management plans for the patients’ current presentation. The number of tests ordered was compared with those recommended by an expert panel. A Theory of Planned Behaviour Questionnaire explored participants’ beliefs and attitudes about ordering tests in the context of self-limiting illness.

Results: Participants (n=61) were recruited from across Australia. All participants ordered at least one test that was not recommended …


The Teaching And Learning Of Health Advocacy In An Australian Medical School, Arabelle M. Douglas, Donna B. Mak, Caroline Bulsara, David J. Macey, Indira V.M Samarawickrema Jan 2018

The Teaching And Learning Of Health Advocacy In An Australian Medical School, Arabelle M. Douglas, Donna B. Mak, Caroline Bulsara, David J. Macey, Indira V.M Samarawickrema

Medical Papers and Journal Articles

Objectives: To determine if medical graduates from an Australian university are educated and skilled in health advocacy for their future practice with patients and the wider community.

Methods: The authors used an exploratory mixed methodology starting with curriculum mapping of the medical curriculum, followed by key informant interviews with the University of Notre Dame, School of Medicine academics (n = 6) and alumni (n = 5) on teaching/learning and practice of health advocacy. The final stage consisted of a cross-sectional survey on teaching/learning health advocacy among third and fourth (final) year medical students (N = 195).

Results: The medical curriculum …


Informing Implementation Of Quality Improvement In Australian Primary Care, Charlotte Hespe, Lucie Rychetnik, David Peiris, Mark Harris Jan 2018

Informing Implementation Of Quality Improvement In Australian Primary Care, Charlotte Hespe, Lucie Rychetnik, David Peiris, Mark Harris

Medical Papers and Journal Articles

Background: Quality Improvement (QI) initiatives in primary care are effective at improving uptake of evidence based guidelines, but are difficult to implement and sustain. In Australia meso-level health organisations such as Primary health care Organisations (PHCO) offer new opportunities to implement area-wide QI programs. This study sought to identify enablers and barriers to implementation of an existing Australian QI program and to identify strategic directions that PHCOs can use in the ongoing development of QI in this environment.

Methods: Semi-structured telephone interviews were conducted with 15 purposively selected program staff and participants from the Australian Primary Care Collaborative (APCC) QI …


Midwives' Knowledge, Attitudes And Learning Needs Regarding Antenatal Vaccination, Annette Regan, Yvonne Hauck, Lisa Nicolaou, Danielle Engelbrecht, Janice Butt, Donna B. Mak, Rikki Priest, Ronit Cukierman, Paul Effler Jan 2018

Midwives' Knowledge, Attitudes And Learning Needs Regarding Antenatal Vaccination, Annette Regan, Yvonne Hauck, Lisa Nicolaou, Danielle Engelbrecht, Janice Butt, Donna B. Mak, Rikki Priest, Ronit Cukierman, Paul Effler

Medical Papers and Journal Articles

Objective: To determine the knowledge, attitudes and learning needs of midwives regarding antenatal vaccination.

Design & Setting: A cross-sectional, paper-based survey of midwives employed at the only public tertiary maternity hospital in the Australian state of XX between November 2015 and July 2016.

Participants: 252 midwives providing care in antepartum, intrapartum, and/or postpartum settings.

Measurements: Self-reported responses to a 41-item survey.

Findings: The vast majority of midwives supported influenza and pertussis vaccination for pregnant women, with 90.0% and 71.7% reporting they would recommend pertussis and influenza vaccine, respectively, to a pregnant friend or family member, and almost all stating that …


International Medical Electives In Selected African Countries: A Phenomenological Study On Host Experience, Elspeth Fotheringham, Pippa Craig, Elina Tor Jan 2018

International Medical Electives In Selected African Countries: A Phenomenological Study On Host Experience, Elspeth Fotheringham, Pippa Craig, Elina Tor

Medical Papers and Journal Articles

Objectives: To explore the host experience on international medical electives at a selection of hospitals in low- and middle-income countries in Africa. Outcomes of the study may inform and improve the preparation of global health curriculum, pre-elective training and debriefing for international medical electives.

Methods: A descriptive phenomenological study was undertaken, involving semi-structured interviews with ten elective hosts at seven study sites in three African countries. Purposive convenience sampling augmented by snowballing was utilised to recruit study participants. The data were thematically analysed and interpreted with reflexivity to generate an accurate aggregate of the experience of participants in hosting international …


A Research And Evaluation Capacity Building Model In Western Australia, Roanna Lobo, Gemma Crawford, Jonathan Hallett, Sue Laing, Donna B. Mak, Jonine Jancey, Sally Rowell, Kahlia Mccausland, Lisa Bastian, Anne Sorenson, P.J. Matt Tilley, Simon Yam, Jude Comfort, Sean Brennan, Maryanne Doherty Jan 2018

A Research And Evaluation Capacity Building Model In Western Australia, Roanna Lobo, Gemma Crawford, Jonathan Hallett, Sue Laing, Donna B. Mak, Jonine Jancey, Sally Rowell, Kahlia Mccausland, Lisa Bastian, Anne Sorenson, P.J. Matt Tilley, Simon Yam, Jude Comfort, Sean Brennan, Maryanne Doherty

Medical Papers and Journal Articles

Evaluation of public health programs, services and policies is increasingly required to demonstrate effectiveness. Funding constraints necessitate that existing programs, services and policies be evaluated and their findings disseminated. Evidence-informed practice and policy is also desirable to maximise investments in public health. Partnerships between public health researchers, service providers and policymakers can help address evaluation knowledge and skills gaps. The Western Australian Sexual Health and Blood-borne Virus Applied Research and Evaluation Network (SiREN) aims to build research and evaluation capacity in the sexual health and blood-borne virus sector in Western Australia (WA). Partners’ perspectives of the SiREN model after 2 …


Prevalence Of Internet Addiction Disorder In Chinese University Students: A Comprehensive Meta-Analysis Of Observational Studies, Lu Li, Dan-Dan Xu, Jing-Xin Chai, Di Wang, Lin Li, Ling Zhang, Li Lu, Chee H. Ng, Gabor S. Ungvari, Song-Li Mei, Yu-Tao Xiang Jan 2018

Prevalence Of Internet Addiction Disorder In Chinese University Students: A Comprehensive Meta-Analysis Of Observational Studies, Lu Li, Dan-Dan Xu, Jing-Xin Chai, Di Wang, Lin Li, Ling Zhang, Li Lu, Chee H. Ng, Gabor S. Ungvari, Song-Li Mei, Yu-Tao Xiang

Medical Papers and Journal Articles

Background and aims: Internet addiction disorder (IAD) is common in university students. A number of studies have examined the prevalence of IAD in Chinese university students, but the results have been inconsistent. This is a meta-analysis of the prevalence of IAD and its associated factors in Chinese university students.

Methods: Both English (PubMed, PsycINFO, and Embase) and Chinese (Wan Fang Database and Chinese National Knowledge Infrastructure) databases were systematically and independently searched from their inception until January 16, 2017.

Results: Altogether 70 studies covering 122,454 university students were included in the meta-analysis. Using the random-effects model, the pooled overall prevalence …


Inpatient Rehabilitation Did Not Positively Affect 6-Month Patient-Reported Outcomes After Hip Or Knee Arthroplasty, Adam G. Hutchinson, Benjamin Gooden, Matthew C. Lyons, Justin P. Roe, Michael D. O'Sullivan, Lucy J. Salmon, Kaka Martina, Leo Pinczewski Jan 2018

Inpatient Rehabilitation Did Not Positively Affect 6-Month Patient-Reported Outcomes After Hip Or Knee Arthroplasty, Adam G. Hutchinson, Benjamin Gooden, Matthew C. Lyons, Justin P. Roe, Michael D. O'Sullivan, Lucy J. Salmon, Kaka Martina, Leo Pinczewski

Medical Papers and Journal Articles

Background: The aim of this study was to compare patient-reported outcomes 6 months after hip or knee arthroplasty in subjects who were discharged to home compared to those who attended inpatient rehabilitation.

Methods:

Seven hundred and forty-eight consecutive total hip or knee replacement patients were identified from a prospective database. Preoperative and 6-month post-operative patient-reported outcome measures were recorded. Forty-four patients discharged directly to home were cohort matched by age, gender, procedure and surgeon to 44 patients from the cohort who received inpatient care. Patient outcomes were compared using SPSS version 24 software.

Results: Both cohorts saw significant improvements from …


Improving Household Surveys And Use Of Data To Address Health Inequities In Three Asian Cities: Protocol For The Surveys For Urban Equity (Sue) Mixed Methods And Feasibility Study, Helen Elsey, Ak Narayan Poudel, Tim Ensor, Tolib Mirzoev, James Nicholas Newell, Joseph Paul Hicks, Christopher Cartwright, David Wong, Caroline Tait, Sushil Baral, Radheshyam Bhattarai, Sudeepa Khanal, Rajeev Dhungel, Subash Gajurel, Shraddha Manandhar, Saidur Mashreky, Junnatul Ferdoush, Rumana Huque, Tarana Ferdous, Shammi Nasreen, Hoang Van Minh, Duong Minh Duc, Bao Ngoc, Dana Thomson, Hilary Wallace Jan 2018

Improving Household Surveys And Use Of Data To Address Health Inequities In Three Asian Cities: Protocol For The Surveys For Urban Equity (Sue) Mixed Methods And Feasibility Study, Helen Elsey, Ak Narayan Poudel, Tim Ensor, Tolib Mirzoev, James Nicholas Newell, Joseph Paul Hicks, Christopher Cartwright, David Wong, Caroline Tait, Sushil Baral, Radheshyam Bhattarai, Sudeepa Khanal, Rajeev Dhungel, Subash Gajurel, Shraddha Manandhar, Saidur Mashreky, Junnatul Ferdoush, Rumana Huque, Tarana Ferdous, Shammi Nasreen, Hoang Van Minh, Duong Minh Duc, Bao Ngoc, Dana Thomson, Hilary Wallace

Medical Papers and Journal Articles

Introduction: As rapid urbanisation transforms the sociodemographic structures within cities, standard survey methods, which have remained unchanged for many years, under-represent the urban poorest. This leads to an overly positive picture of urban health, distorting appropriate allocation of resources between rural and urban and within urban areas. Here, we present a protocol for our study which (i) tests novel methods to improve representation of urban populations in household surveys and measure mental health and injuries, (ii) explores urban poverty and compares measures of poverty and ‘slumness’ and (iii) works with city authorities to understand, and potentially improve, utilisation of …


A Reader’S Guide To John Milton’S Areopagitica, The Foundational Essay Of The First Amendment Tradition, Vincent A. Blasi Jan 2018

A Reader’S Guide To John Milton’S Areopagitica, The Foundational Essay Of The First Amendment Tradition, Vincent A. Blasi

Faculty Scholarship

Fittingly, the most imaginative and densely suggestive of the classic arguments for free speech was written by a poet. Had his career unfolded as he wished, John Milton would never have produced his renowned Areopagitica of 1644. It was only with great reluctance that he undertook to engage in prose polemics during the English Civil War, sacrificing his “calm and pleasing solitariness” to “embark in a troubled sea of noises and hoarse disputes.” He described pamphleteering as something he did “with the left hand” all the while “knowing myself inferior to myself.” Posterity, always a Miltonic concern, has begged to …


Rethinking Family-Court Prosecutors: Elected And Agency Prosecutors And Prosecutorial Discretion In Juvenile Delinquency And Child Protection Cases, Joshua Gupta-Kagan Jan 2018

Rethinking Family-Court Prosecutors: Elected And Agency Prosecutors And Prosecutorial Discretion In Juvenile Delinquency And Child Protection Cases, Joshua Gupta-Kagan

Faculty Scholarship

Like criminal prosecutors, family-court prosecutors have immense power. Determining which cases to prosecute and which to divert or dismiss goes to the heart of the delinquency system’s balance between punishment and rehabilitation of children and the child protection system’s spectrum of family interventions. For instance, the 1990s shift to prosecute (rather than dismiss or divert) about 10 percent more delinquency cases annually is as significant a development as any other. Yet scholars have not examined the legal structures for these charging decisions or family-court prosecutors’ authority in much depth.

This Article shows how family-court prosecutors’ roles have never been fully …


Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu Jan 2018

Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu

Faculty Scholarship

Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California’s disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and drought relief interventions across the state. Voters approved the $7.45 billion bond, which reserved millions of dollars of funding for DACs with persistent water quality problems. In setting aside those funds, the Legislature acknowledged that decades of disinvestment in rural, disadvantaged communities had created severe water contamination, limited water access, and …


Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy Jan 2018

Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy

Faculty Scholarship

The Supreme Court’s “weaponized” First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a “new Lochnerism.” In this Essay, part of a Columbia Law Review Symposium, I press beyond these criticisms to diagnose the ideological outlook of these opinions and to propose an alternative. The leading decisions of the antiregulatory First Amendment often associate free speech with a vision of market efficiency; but, I argue, closer to their heart is antistatist fear of entrenchment …


Text Over Intent And The Demise Of Legislative History, Thomas W. Merrill, Michael S. Paulsen, Saikrishna Prakash, Lawrence B. Solum, Sandra Segal Ikuta Jan 2018

Text Over Intent And The Demise Of Legislative History, Thomas W. Merrill, Michael S. Paulsen, Saikrishna Prakash, Lawrence B. Solum, Sandra Segal Ikuta

Faculty Scholarship

The following is the transcript of a 2016 Federalist Society panel entitled: Text Over Intent and the Demise of Legislative History. The panel originally occurred on November 17, 2016 during the National Lawyers Convention in Washington, D.C. The participants were: Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School; Prof. Michael S. Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Prof. Saikrishna Prakash, James Monroe Distinguished Professor of Law, University of Virginia School of Law; Prof. Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center. The moderator was …


Impeachment: A Handbook, Philip C. Bobbitt Jan 2018

Impeachment: A Handbook, Philip C. Bobbitt

Faculty Scholarship

Charles Black’s Impeachment: A Handbook, first published in 1974 at the height of the Watergate crisis, has become the authoritative guide on the subject of presidential impeachment. In September, the Yale University Press published a new edition of the classic handbook, incorporating a new preface and new material by constitutional theorist Philip Bobbitt. Bobbitt’s contribution to the new edition appears in the Essay that follows.

Because Professor Black’s original text had no accompanying notes, the publisher decided to continue this format in the new print edition. In this re-publication, the Journal worked with Bobbitt to present his chapters with …


A Private Law Court In A Public Law System, Jamal Greene Jan 2018

A Private Law Court In A Public Law System, Jamal Greene

Faculty Scholarship

The U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, among others. This approach, derivative of a private-law model of dispute resolution, sits in tension with the rights claims typical of a pluralistic jurisdiction with a mature rights culture, in which litigants more often disagree, reasonably, about the scope of rights rather than deny that others …


The Administrative Evasion Of Procedural Rights, Philip A. Hamburger Jan 2018

The Administrative Evasion Of Procedural Rights, Philip A. Hamburger

Faculty Scholarship

Administrative power does profound harm to civil liberties, and nowhere is this clearer than in the administrative evasion of procedural rights. All administrative power is a mode of evasion, but the evasion of juries, due process, and other procedural rights is especially interesting as it most concretely reveals the administrative threat to civil liberties.

In contemporary doctrine, due process and most other procedural rights are understood mainly as standards for adjudication in the courts. Traditionally, however, they were understood, at least as much, to bar adjudication outside the courts. That is, they were understood to block evasions of the courts …


Sparking King's Revolution, Bernard E. Harcourt Jan 2018

Sparking King's Revolution, Bernard E. Harcourt

Faculty Scholarship

Fifty years ago, Martin Luther King, Jr., protested our country’s counterinsurgency war in Vietnam. King passionately decried the bombings and civilian deaths, the destruction of families and villages, and the herding of the population into “concentration camps.” King denounced our imperialist arrogance and urged “a radical revolution of values.” From the pulpit at Riverside Church in New York City, King declared: “These are revolutionary times.” Indeed they were. And if anything, they have become even more so today.


Rethinking Criminalization Of Hiv Exposure – Lessons From California’S New Legislation, Y. Tony Yang, Kristen Underhill Jan 2018

Rethinking Criminalization Of Hiv Exposure – Lessons From California’S New Legislation, Y. Tony Yang, Kristen Underhill

Faculty Scholarship

Laws that criminalize certain behaviors on the basis of the person’s HIV status have long been challenged as ineffective prevention measures that harm public health. They are nevertheless widespread: according to the Center for HIV Law and Policy, 34 states have HIV-specific criminal statutes, and 23 have applied more general laws (e.g., against assault with a deadly weapon) in order to criminalize HIV exposure. Most of these laws don’t reflect current evidence regarding protective factors such as antiretroviral treatment (ART), and many encompass behaviors that carry negligible risk.


Fulfilling States’ Duty To Evaluate Medicaid Waivers, Kristen Underhill, Atheendar Venkataramani, Kevin G. Volpp Jan 2018

Fulfilling States’ Duty To Evaluate Medicaid Waivers, Kristen Underhill, Atheendar Venkataramani, Kevin G. Volpp

Faculty Scholarship

Nearly 75 million U.S. residents have health insurance coverage through Medicaid. Benefits and program designs vary from state to state. One source of state-based variation is Section 1115 projects, which are defined as “experimental, pilot, or demonstration” programs that are “likely to assist in promoting the objectives” of the Medicaid statute. States seeking to implement experimental policies in their Medicaid programs must apply to the Centers for Medicare and Medicaid Services (CMS) for a Section 1115 waiver, which lifts certain federal regulations for 5 years. Thirty-seven states had active Section 1115 waivers as of October 31, 2018, and more than …


Copyright As Market Prospect, Shyamkrishna Balganesh Jan 2018

Copyright As Market Prospect, Shyamkrishna Balganesh

Faculty Scholarship

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts – principally trespass and negligence – in order to understand copyright’s structure of entitlement and liability. This focus on property – and harm-based torts – has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant’s volitional actions interfere with a …


The Supreme Court, Judicial Elections, And Dark Money, Richard Briffault Jan 2018

The Supreme Court, Judicial Elections, And Dark Money, Richard Briffault

Faculty Scholarship

Judges, even when popularly elected, are not representatives; they are not agents for their voters, nor should they take voter preferences into account in adjudicating cases. However, popularly elected judges are representatives for some election law purposes. Unlike other elected officials, judges are not politicians. But judges are policy-makers. Judicial elections are subject to the same constitutional doctrines that govern voting on legislators, executives, and ballot propositions. Except when they are not. The same First Amendment doctrine that protects campaign speech in legislative, executive, and ballot proposition elections applies to campaign speech in judicial elections – but not in quite …


Expectations As Property: Histories, Contexualizations, Critiques, Freya Irani, Katharina Pistor Jan 2018

Expectations As Property: Histories, Contexualizations, Critiques, Freya Irani, Katharina Pistor

Faculty Scholarship

The last four decades have seen an enormous expansion in the number of international investment treaties (particularly bilateral investment treaties) and in investment treaty-based arbitrations and awards. Traditionally made between capital-exporters and capital-importing states (that is, along a North-South axis), such treaties generally assure investors of one signatory state (the "home state") protection on the basis of pre-determined standards in the other signatory state or states (the "host state"). Such treaties also provide for compensation in case of breaches of these standards, and give investors recourse to arbitration in case of disputes. Given these provisions alongside arbitral treaties themselves, in …