Digital Commons Network^™

Free Speech And The Law Of Evidence, Dan T. Coenen

Scholarly Works

To what extent does the First Amendment limit the ability of prosecutors to offer evidence of a defendant’s past protected speech? As it turns out, the Supreme Court has touched on this question in only a handful of rulings, each of which it crafted to target only the distinctive facts of the case at hand. Many lower courts, however, have distilled from these decisions a sweeping, admissibility-favoring constitutional rule. According to that rule, the First Amendment imposes no limit on prosecutorial use of past-speech evidence—no matter how prejudicial—so long as it meets the minimum standard of evidentiary relevance. This approach …

Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William H. Simon

Faculty Scholarship

Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.

This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …

Domesticating Guidance, Peter L. Strauss

Faculty Scholarship

This Essay, written for an occasion celebrating the scholarship of Professor William Funk of Lewis & Clark Law School, builds in good part on his analyses of soft law documents — statements of general policy and interpretive rules — that today one generally finds discussed under the rubric “guidance.” These are agency texts of less formality than hard law regulations adopted under the procedures of 5 U.S.C. § 553, that inform the public how an agency intends to administer its responsibilities, as a matter of policy or (what may seem just one instance of that) via the interpretation of its …

Death By Stereotype: Race, Ethnicity, And California’S Failure To Implement Furman’S Narrowing Requirement, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence, David C. Baldus, George W. Woodworth, Richard Newell

Faculty Scholarship

This Article examines the possible racial and ethnic implications of California’s expansive death penalty statute in light of the Eighth Amendment’s requirement that each state statute narrow the subclass of offenders on whom a death sentence may be imposed. The narrowing requirement derives from the holding in Furman v. Georgia over forty-five years ago, when the U.S. Supreme Court ruled that existing death penalty statutes violated the Eighth Amendment’s prohibition against cruel and unusual punishments. Citing statistics demonstrating arbitrary and capricious application of capital punishment, a majority of the Justices concluded that a death sentencing scheme is unconstitutional if it …

Overcoming Impediments To Offshore Co2 Storage: Legal Issues In The U.S. And Canada, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered. The techniques developed for CCS can also be used to sequester carbon dioxide that has been removed from the atmosphere using direct air capture or other negative emission technologies. Past CCS …

Informed Trading And Cybersecurity Breaches, Joshua Mitts, Eric L. Talley

Faculty Scholarship

Cybersecurity has become a significant concern in corporate and commercial settings, and for good reason: a threatened or realized cybersecurity breach can materially affect firm value for capital investors. This paper explores whether market arbitrageurs appear systematically to exploit advance knowledge of such vulnerabilities. We make use of a novel data set tracking cybersecurity breach announcements among public companies to study trading patterns in the derivatives market preceding the announcement of a breach. Using a matched sample of unaffected control firms, we find significant trading abnormalities for hacked targets, measured in terms of both open interest and volume. Our results …

Fiduciary Principles In Family Law, Elizabeth S. Scott, Ben Chen

Faculty Scholarship

Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. Most importantly, the legal relationship between parents and their minor children is best understood as one that is regulated by fiduciary principles. Husbands and wives relate to one another as equals under contemporary law, but this relationship as well is subject to duties of care and loyalty when either spouse is in a condition of dependency. Finally, if an adult is severely intellectually disabled or becomes incapacitated and in need of a guardian, a family …

Community Education Through A Stroke Champion Program, Michele Gribko

Walden Dissertations and Doctoral Studies

Stroke is the fifth leading cause of death and primary cause of long-term disability in the United States. Public awareness of stroke symptoms and ability to activate the emergency medical system (EMS) quickly are essential for early treatment. At a large Joint Commission-certified Comprehensive Stroke Center with over 6,000 employees, a stroke champion program that included both clinical and nonclinical volunteers was initiated to determine whether stroke champion volunteers could learn and disseminate information about stroke symptoms and the importance of activating EMS within their community. Roger's diffusion-of- innovation framework was used to design and evaluate the outcome of the …

Geospatial Analysis Of Care And Mortality In The 2014 Liberia Ebola Outbreak, Marion Carlton Kinkade

Walden Dissertations and Doctoral Studies

The Ebola outbreak in West Africa in 2014 to 2016 had more than 28,000 suspected, probable, and confirmed cases. It was the largest Ebola outbreak in history. Of the 28,000 cases in the three Ebola-affected countries, Liberia had 10,000 cases with almost 5,000 deaths. The Ebola Virus Disease (EVD) entered Liberia along the border of Guinea and moved to the capital city of Monrovia where the virus spread. Ebola Treatment Units (ETUs) were constructed throughout the response in locations where there were available facilities versus distance to care challenges. This study examined the association of distance from villages to ETUs …

Pregnant African American Women Breastfeeding Intentions, Beliefs, Attitudes And Perspectives, Janelle S. Mcclain, Phd

Walden Dissertations and Doctoral Studies

Breastfeeding is the best infant feeding source of nutrition for infants in their early stages of development. However, there is a fundamental gap in the number of African American women that initiate breastfeeding compared to White, Asian, and Hispanic mothers. Social cognitive theory was used to explore the breastfeeding intentions, beliefs, perceived barriers, and perceptions on breastfeeding through a basic qualitative research method. To capture the essence of the lived experiences of African American pregnant women, a purposeful sample of 13 African American pregnant women were invited to participate in the study. Two focus groups discussions pertaining to breastfeeding intentions …

Parents' And Health Professionals' Perceptions Of Asthma Medication Noncompliance Among Puerto Rican Children, Luz E. Nieves

Walden Dissertations and Doctoral Studies

Children of Hispanic origin have the highest prevalence of asthma of all ethnic groups in the United States, especially Puerto Rican children, who have a prevalence of 12.9%. Treatment nonadherence has been identified as one contributing factor. The purpose of this qualitative study was to explore the reasons for nonadherence to the asthma treatment regimen among Puerto Rican children. Parents and health care providers of asthmatic children were interviewed regarding their beliefs about asthma as a disease, its effect on the child's life, and their experience with asthma treatment. Two models served as the theoretical framework: the health belief model …

Coping Mechanisms To Existing Climate Hazards In The Agriculture Sector Of Barangay Maravilla, Nagcarlan, Laguna, Philippines, Marianne R. De Luna, Ma. Rosary T. Tesorero, Janet L. Saturno, Joan P. Sadoral, Bordeesorn Phumrungruang, Abigail P. Daria, Ajaree Sikhandakasamita, Rowena Dt Baconguis

Journal Article

The study wanted to identify coping mechanisms of farmers to existing climate hazards and to recommend possible solutions to the identified problems in agriculture. Farmers from Barangay Maravilla, Nagcarlan, Laguna, Philippines were interviewed using Participatory Rural Appraisal (PRA) tools like Village/ Resource Map, Timeline, Seasonal Calendar, Venn Diagram, and Problem and Alternative Trees. Results showed that climate hazards such as typhoons and flooding and the occurrence of pests and diseases had affected their major crops like coconut, banana and lanzones. The farmers’ coping strategies included inter-cropping of cash crops, use of integrated pest and disease management and engaging in non-farm …

Association Between Periodontal Disease And Prostate Cancer, Nur Ras. Aji, Dahlia Herawati

Journal of Dentomaxillofacial Science

No abstract provided.

Test Of Anthocyanin Level And Evaluation Of Rambutan Leaf Extract (Nephelium Lappacheum L.) As An Alternative To Disclosing Material Of Dental Plaque Detection Solution, Asti P. Adnan, Siti Z. Tripalu, Erwin Gunawan, Ahmad S. Jarigau, Rini Pratiwi

Journal of Dentomaxillofacial Science

No abstract provided.

Effectivity Of Hand Washing Technique Using World Health Organization (Who) Method With An Ultraviolet Light Assessment On Health Workers At Department Of Oral And Maxillofacial Surgery, Faculty Of Dentistry, Universitas Sumatera Utara February-March 2018, Olivia A. Hanafiah, Isnandar Isnandar, Indra B. Siregar, Lung L. Wong

Journal of Dentomaxillofacial Science

No abstract provided.

Assessment Of Pain And Swelling Following Surgical Extraction Of Impacted Mandibular Third Molar Using Complete And Partial Wound Closure Techniques In A Tertiary Institution, Thomas Owobu, Babatunde O. Bamgbose, Abubakar M. Kaura, Ibisola O. Amole, Junichi Asaumi

Journal of Dentomaxillofacial Science

No abstract provided.

Analysis Of Stem And Root Extract Of Kepok Banana (Musa Paradisiaca Linn.) In Inhibit Staphylococcus Aureus Growth, Harlina, Octhavya Pd. Pradana

Journal of Dentomaxillofacial Science

No abstract provided.

Periodontal Management Of The Elderly With Medical Compromise: A Case Report, Ira A. Sembiring, Andi M. Adam

Journal of Dentomaxillofacial Science

No abstract provided.

Does Propolis Can Relief Toothache???, Ardo Sabir

Journal of Dentomaxillofacial Science

No abstract provided.

Calcium Loss On Root Canal Dentin After Ethylenediaminetetraacetic Acid (Edta) Application With Different Varians, Juni J. Nugroho, Christine A. Rovani, Hermiati Daharuddin, Aries C. Trilaksana, Nurhayaty Natsir, Andi Sumidarti

Journal of Dentomaxillofacial Science

No abstract provided.

Association Between Caries Status And Quality Of Life Of Adults In Pinrang, 2019, Rasmidar Samad

Journal of Dentomaxillofacial Science

No abstract provided.

Comparison Of The Effectivity Of Handrubbing And Handwashing On The Number Of Bacterial Colonization On Clinical Students At The Department Of Oral And Maxillofacial Surgery, Faculty Of Dentistry, Universitas Sumatera Utara March-May 2018, Ahyar Riza, Abdullah Oes, Hendry Rusdy, Khairun Nisah

Journal of Dentomaxillofacial Science

No abstract provided.

Indonesian Propolis Suppressed The Expression Of Cox-2 In Inflamed Rat Dental Pulp In Direct Capping Treatment, Ardo Sabir

Journal of Dentomaxillofacial Science

No abstract provided.

Reversible Pulpitis Accompanied With Sinus Tract On Buccal Side Of The Right Maxillary First Premolar Teeth: Case Report, Andi Sumidarti, Sitty Nm. Moersidi

Journal of Dentomaxillofacial Science

No abstract provided.

Saliva As A Diagnostic Tool In Forensic Odontology, Jessica Jessica, Elza I. Auerkari

Journal of Dentomaxillofacial Science

No abstract provided.

Relationship Between Region Abscess Maxillofacial And Climate In South Sulawesi, Andi Tajrin, Muhammad Ruslin, Abul Fauzi, Muhammad I. Rasul, Leen D. K. Seleng

Journal of Dentomaxillofacial Science

No abstract provided.

Comparison Of Chloroxylenol 4.8% And Povidone Iodine 7.5% On Total Bacteria Count Post Who Routine Hand Washing On Clinical Students At The Department Of Oral Surgery, Faculty Of Dentistry, Universitas Sumatera Utara March-May 2018, Ahyar Riza, Isnandar Isnandar, Rahmi Syaflida, Jasmine Jasmine

Journal of Dentomaxillofacial Science

No abstract provided.

Steeping From Green And Black Robusta Coffee Beans Increase Viability Of Peripheral Blood Mononuclear Cells (Pbmc) And Salivary Leukocytes Which Is Induced By Streptococcus Mutans, I-Dewa A.R. Dewanti, Roedy Budirahardjo, Ristya We. Yani, Pujiana E. Lestari, Dyah Setyorini, Eri H. Jubhari, Sunlip Wibisono

Journal of Dentomaxillofacial Science

No abstract provided.

Relationship Of Accessibility Oral Health Care With Sosiodemografi Conditions In Urban And Rural Areas Of Indonesia, 2018: Pilot Pathfinder Survey, Fuad H. Akbar

Journal of Dentomaxillofacial Science

No abstract provided.

Effectiveness Wall Mounted Automatic Toothbrush Against Oral Hygiene On Cerebral Palsy Children At Smplb And Smalb D Ypac Jember, Husna Afifah, Dwi Prijatmoko, Kiswaluyo Kiswaluyo

Journal of Dentomaxillofacial Science

No abstract provided.