Digital Commons Network^™

Data-Driven Constitutional Avoidance, Gregory P. Magarian, Lee Epstein, James L. Gibson

Scholarship@WashULaw

This article uses a case study to explain how empirical analysis can promote judicial modesty. In Matal v. Tam, the U.S. Supreme Court invoked the First Amendment to strike down the Lanham Act's bar on federal registration of "disparaging" trademarks. The Tam decision has great constitutional significance. It expands First Amendment coverage into a new field of economic regulation, and it deepens the constitutional prohibition on viewpoint-based speech regulations. This article contends that empirical analysis could have given the Court a narrower basis for the Tam result, one that would have avoided the fraught First Amendment issues the Court decided. …

How To Save The Supreme Court, Daniel Epps, Ganesh Sitaraman

Scholarship@WashULaw

The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory after decades of increasingly partisan battles over control of the Court. The result is a Supreme Court whose Justices are likely to vote along party lines more consistently than ever before in American history. That development gravely threatens the Court’s legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court’s ability to render impartial justice, the Court’s power to settle important questions of law will be in …

Teacher For The Nation, Daniel Epps

Scholarship@WashULaw

In these brief remarks, delivered at the Hastings Law Journal's Symposium on the Jurisprudence of Justice Kennedy, I discuss Justice Kennedy's impact on American law. I reflect on the events that led to Justice Kennedy's appointment to the Supreme Court and discuss his vision of the Justices as teachers for the nation and how that vision seems to have informed his view of judicial review.

Faculty Publications 2018, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 810 publications.

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …

Ucc Minutes, January 2019, University Curriculum Council

UCC Agendas/Minutes

No abstract provided.

Identifying The Homology Of The Short Human Pisiform And Its Lost Ossification Center, Kelsey M. Kjosness, Philip L. Reno

PCOM Scholarly Works

Background: The pisiform and calcaneus are paralogous bones of the wrist and ankle and are the only carpal and tarsal, respectively, to develop from two ossification centers with an associated growth plate in mammals. Human pisiforms and calcanei have undergone drastic evolutionary changes since our last common ancestor with chimpanzees and bonobos. The human pisiform is truncated and has lost an ossification center with the associated growth plate, while the human calcaneus has expanded and retained two ossification centers and a growth plate. Mammalian pisiforms represent a wide range of morphologies but extremely short pisiforms are rare and ossification center …

Survey Of Osteopathic Medical Students Regarding Physician Shadowing Experiences Before And During Medical School Training., Erik E. Langenau, Sarah B Frank, Sarah J Calardo, Michael B. Roberts

PCOM Scholarly Works

Introduction: Shadowing a physician is an observational experience which includes a student observing a licensed healthcare provider caring for patients. Shadowing is commonly done by students before and during medical school, but little is known about the nature or extent of these extra-curricular observational experiences.

Objective: We hypothesized that shadowing experiences were common yet variable. We investigated the prevalence, nature, and perceived value of medical student experiences with shadowing physicians (both before and during medical school).

Methods: This survey-based study was non-experimental with a cross-sectional convenience sample of osteopathic medical students about their shadowing experiences before and during medical school. …

Curricula For Empathy And Compassion Training In Medical Education: A Systematic Review., Sundip Patel, Alexis Pelletier-Bui, Stephanie Smith, Michael B. Roberts, Hope Kilgannon, Stephen Trzeciak, Brian W Roberts

PCOM Scholarly Works

BACKGROUND: Empathy and compassion are vital components of health care quality; however, physicians frequently miss opportunities for empathy and compassion in patient care. Despite evidence that empathy and compassion training can be effective, the specific behaviors that should be taught remain unclear. We synthesized the biomedical literature on empathy and compassion training in medical education to find the specific curricula components (skills and behaviors) demonstrated to be effective.

METHODS: We searched CENTRAL, MEDLINE, EMBASE, and CINAHL using a previously published comprehensive search strategy. We screened reference lists of the articles meeting inclusion criteria to identify additional studies for potential inclusion. …

Mta3-Sox2 Module Regulates Cancer Stemness And Contributes To Clinical Outcomes Of Tongue Carcinoma., Zhimeng Yao, Liang Du, Min Xu, Kai Li, Haipeng Guo, Guodong Ye, Dianzheng Zhang, Robert P Coppes, Hao Zhang

PCOM Scholarly Works

Cancer cell plasticity plays critical roles in both tumorigenesis and tumor progression. Metastasis-associated protein 3 (MTA3), a component of the nucleosome remodeling and histone deacetylase (NuRD) complex and multi-effect coregulator, can serve as a tumor suppressor in many cancer types. However, the role of MTA3 in tongue squamous cell cancer (TSCC) remains unclear although it is the most prevalent head and neck cancer and often with poor prognosis. By analyzing both published datasets and clinical specimens, we found that the level of MTA3 was lower in TSCC compared to normal tongue tissues. Data from gene set enrichment analysis (GSEA) also …

The Feasibility Of A Behavioral Group Intervention After Weight-Loss Surgery: A Randomized Pilot Trial, Michelle R. Lent, Laura K Campbell, Mackenzie C Kelly, Jessica L Lawson, Jessica M Murakami, Sasha Gorrell, G Craig Wood, Marianne M Yohn, Stephanie Ranck, Anthony T Petrick, Krystal Cunningham, Megan E Lamotte, Christopher D Still

PCOM Scholarly Works

BACKGROUND: Formal psychosocial support programs after weight-loss surgery are limited in scope and availability.

OBJECTIVE: This randomized pilot study evaluated the feasibility of a postoperative behavioral intervention program.

MATERIALS AND METHODS: Postoperative weight-loss surgery patients (N = 50) were recruited from February 2017-July 2017 and randomized to a four-month behavioral program or usual care wait-list. Outcomes evaluated in addition to feasibility included health-related quality of life (Short Form -36), psychosocial functioning and adherence. Secondary outcomes included within-group changes for each outcome.

RESULTS: Out of eight possible sessions, intervention participants attended a mean of 4.2 sessions. Intervention group participants experienced greater …

Rhabdomyosarcoma And Wilms Tumors Contain A Subpopulation Of Noggin Producing, Myogenic Cells Immunoreactive For Lens Beaded Filament Proteins, Jacquelyn Gerhart, Kathryn Behling, Michele Paessler, Labraya Milton, Gregory Bramblett, Denise Garcia, Meghan Pitts, Reginald Hurtt, Mitchell Crawford, Richard Lackman, Daniela Nguyen, Joseph Infanti, Paul Fitzgerald, Mindy George-Weinstein

PCOM Scholarly Works

Myo/Nog cells are identified by their expression of the skeletal muscle specific transcription factor MyoD and the bone morphogenetic protein inhibitor noggin, and binding of the G8 monoclonal antibody. Their release of noggin is critical for morphogenesis and skeletal myogenesis. In the adult, Myo/Nog cells are present in normal tissues, wounds and skin tumors. Myo/Nog cells in the lens give rise to myofibroblasts that synthesize skeletal muscle proteins. The purpose of this study was to screen human lens tissue, rhabdomyosarcoma cell lines, and tissue sections from rhabdomyosarcoma, Wilms and tumors lacking features of skeletal muscle for co-localization of antibodies to …

Neighborhood Walking Tours For Physicians-In-Training, Jeremiah Cross

Yale Medicine Thesis Digital Library

Social and economic factors have a profound impact on the health of patients served by physician residents. However, education about these factors has not been consistently incorporated into residency training. Experiential education, such as neighborhood walking tours, may help physician residents learn about the social determinants of health and community resources available to patients.

Using a community-based participatory research (CBPR) approach, we implemented a neighborhood walking tour curriculum for physician residents and faculty in the Pediatrics, OB/Gyn, Emergency Medicine, Primary Care and Traditional Medicine programs. In 2017, 86 individuals participated in the tours, 81 physician residents and 5 faculty. Both …

Methods For The Visualization Of Placental Vasculature In Fetoscopic Surgery, Praneeth Sadda

Yale Medicine Thesis Digital Library

Twin-to-twin transfusion syndrome is a potentially fatal disease of placental vasculature in twin pregnancies. It is treated with fetoscopic laser photocoagulation surgery, a procedure in which a surgeon uses an endoscope to find and cauterize abnormal vascular anastamoses on the placental surface. However, even after surgery, mortality remains as high as twenty to forty-eight percent, largely due to anastamoses being missed during the operation. Many technical challenges contribute to anastamoses being missed, including poor endoscopic image quality and a limited field of view. Any tools capable of addressing these challenges would be clinically valuable. This thesis presents the design and …

Evaluation Of The Mechanisms Of Anti-Cancer Immune Responses, Noel Turner

Yale Medicine Thesis Digital Library

Metastatic melanoma historically carries a grim prognosis, with a median survival of 9 months and a long-term survival rate of 10%. Melanoma is highly immunogenic, and the development of immunotherapies has dramatically changed the landscape of metastatic melanoma treatment. To study the immune mechanisms engaged by these therapies, the Bosenberg lab developed YUMMER, an immunogenic mouse melanoma line that forms tumors when injected into mice. This and other immunogenic murine cancer models were used to demonstrate that B cell depletion does not impair the anti-PD-1-induced anti-tumor immune response in mice. In addition, supplementing immune checkpoint inhibition with therapies targeting myeloid …

Drs. Truman And Virginia Blocker: Tales Of A Texas Power Couple Presidential Address, East Texas Historical Association, Heather Green Wooten

East Texas Historical Journal

No abstract provided.

The Insurance Debacle Of 1956: Why Depositors Cheered For Albert Benton Shoemake’S Attempted Suicide, Alexander J. Dodd

East Texas Historical Journal

No abstract provided.

Environmental Law, Travis M. Trimble

Scholarly Works

In 2017,1 district courts in the United States Court of Appeals for the Eleventh Circuit decided three cases that clarified issues arising under the Clean Water Act (CWA). 2 The United States District Court for the Southern District of Georgia preliminarily enjoined the Environmental Protection Agency (EPA) and the Army Corps of Engineers from enforcing the Waters of the United States Rule (WOTUS Rule), 3 a regulatory attempt to define the term "Waters of the United States," which is a jurisdictional threshold for agencies' regulatory authority under the CWA.4 Also, the United States District Court for the Northern District of …

Social Vulnerability Assessment Of Dog Intake Location Data As A Planning Tool For Community Health Program Development: A Case Study In Athens-Clarke County, Ga, 2014-2016, Lisa Milot, Jessie Lee Dyer

Scholarly Works

A retrospective spatial analysis of dog intake data from an open admission animal shelter in Georgia was conducted to explore patterns within dog demographics and outcomes by pickup location or by the home address of the person who transferred ownership rights of the dog to Athens-Clarke County Animal Control during the period 2014–2016. Spatial analysis found the relationship between these intake locations and the final disposition of the dogs to be non-random, suggesting social and environmental influences on distribution. Statistically significant clusters were identified using the Getis-Ord Gi* statistic. This study found statistically significant hot spots (i.e., areas with higher …

The Role Of Fault In § 1983 Municipal Liability, Michael Wells

Scholarly Works

Under Monell v. Department of Social Services, local governments are not vicariously liable for constitutional violations committed by their employees. Those governments, however, are liable under 42 U.S.C. § 1983 for violations committed by "policymaking" officials. In the face of these two principles, courts have struggled with cases in which an underling commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding constitutional rights, a standard that demands an even greater showing of culpability than …

A New Deal For Debtors: Providing Procedural Justice In Consumer Bankruptcy, Pamela Foohey

Scholarly Works

Across the criminal and civil justice systems, research regarding procedural justice — feeling that one has a voice, is respected, and is before a neutral and even-handed adjudicator — shows that people’s positive perceptions of legal processes are fundamental to the legal system’s effectiveness and to the rule of law. About a million people file bankruptcy every year, making the consumer bankruptcy system the part of the federal court system with which people most often come into contact. Given the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing and investigating how …

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 …

A Homestead Act For The 21st Century, Mehrsa Baradaran

Scholarly Works

The goal of the 21st century Homestead Act is to counteract the longstanding legacy of racially discriminatory housing policies by revitalizing distressed communities through public investment. The basic structure of the program is a wholesale transfer of land to residents who meet certain criteria. Accompanied by a holistic plan at the city level to revitalize the community through public investments in infrastructure and jobs, this proposal would benefit people who live in select small and medium-sized cities that are experiencing high vacancies.

Building From Scratch: University Of Georgia School Of Law's Practicum In Animal Welfare Skills, Lisa Milot, Deena Agamy

Scholarly Works

The Practicum in Animal Welfare Skills (PAWS) brings together students from the University of Georgia School of Law, legal and law enforcement professionals from the Athens-Clarke County (ACC) Unified Government, and private parties interested in improving animal welfare in the Athens area, for the sake of the animals and the people who care about them. This Article focuses on the evolution of the Practicum in Animal Welfare Skills (PAWS) at UGA School of Law.

Clinical Syllabi As Demonstration Of Best Practices Implementation, Jean Goetz Mangan, Fernanda Mackay

Scholarly Works

This Article posits that the University of Georgia School of Law for Clinical Programs course syllabi demonstrate implementation of recommendations found in leading works that advocate for change in traditional legal education. This Article reviews some high points of legal education reform with a focus on clinical legal education and then discusses the role of syllabi in the classroom and the potential within the document that many professors miss. This Article then turns to using syllabi to measure the extent that the clinics are implementing instruction that addresses all three apprenticeships as defined in the Carnegie Report.. To assess the …

Book Review: Global Lawmakers: International Organizations In The Crafting Of World Markets By Susan Block-Lieb And Terence C. Halliday, Melissa J. Durkee

Scholarly Works

Susan Block-Lieb and Terence Halliday gradually build up an empirically grounded, meticulously realized argument that individual lawmakers matter. When one allows facts to inform theory rather than the other way around, the authors show, what becomes clear is that individual lawmakers are not just governmental delegates, but a whole variety of professionals, industry association representatives, and others with some stake in the lawmaking process. These actors work not just through formal processes, but also through an array of informal ones. Most importantly, their presence matters to the content of the legal norms that take hold around the world. The book …

From Decision To Incision: Ideologies Of Gender In Surgical Cancer Care, Piper Sledge

Sociology Faculty Research and Scholarship

In this paper, I draw on the narratives of 57 individuals whose gender identities and decisions about their bodies trouble the medical protocols for breast and gynecological cancer care. I focus here on the decision-making process for three groups of elective surgeries: hysterectomy, prophylactic bilateral and contralateral mastectomy, and breast reconstruction. These elective surgeries illustrate places in medical interactions where patients and providers rely on frames of gender to determine whether a given surgery is an appropriate option for cancer prevention or care. These cases also explain how patient experiences of medical interactions are shaped by and thus reproduce ideologies …

A New Way Of Being Church: Fabc Teachings On Basic Ecclesial Communities, Ramesh Lakshmanan

Asia Pacific Mission Studies

Asian bishops and general AsIPA (Asian Integral Pastoral Approach) assemblies have always insisted that the Asian Church has to be participatory. This is realized through Basic Ecclesial Communities (BECs). BECs encourage lay participation in the life and mission of the Church, particularly in the parishes. BECs have brought a new dimension to the ministry of the Church. They have become a good platform to carry out new ministries. This article presents the teachings of the Asian bishops and the AsIPA in their final statements.

Sec-Lib: Protecting Scholarly Digital Libraries From Infected Papers Using Active Machine Learning Framework, Nir Nissim, Aviad Cohen, Jian Wu, Andrea Lanzi, Lior Rokach, Yuval Elovici, Lee Giles

Computer Science Faculty Publications

Researchers from academia and the corporate-sector rely on scholarly digital libraries to access articles. Attackers take advantage of innocent users who consider the articles' files safe and thus open PDF-files with little concern. In addition, researchers consider scholarly libraries a reliable, trusted, and untainted corpus of papers. For these reasons, scholarly digital libraries are an attractive-target and inadvertently support the proliferation of cyber-attacks launched via malicious PDF-files. In this study, we present related vulnerabilities and malware distribution approaches that exploit the vulnerabilities of scholarly digital libraries. We evaluated over two-million scholarly papers in the CiteSeerX library and found the library …

Eeg-Based Processing And Classification Methodologies For Autism Spectrum Disorder: A Review, Gunavaran Brihadiswaran, Dilantha Haputhanthri, Sahan Gunathilaka, Dulani Meedeniya, Sampath Jayarathna

Computer Science Faculty Publications

Autism Spectrum Disorder is a lifelong neurodevelopmental condition which affects social interaction, communication and behaviour of an individual. The symptoms are diverse with different levels of severity. Recent studies have revealed that early intervention is highly effective for improving the condition. However, current ASD diagnostic criteria are subjective which makes early diagnosis challenging, due to the unavailability of well-defined medical tests to diagnose ASD. Over the years, several objective measures utilizing abnormalities found in EEG signals and statistical analysis have been proposed. Machine learning based approaches provide more flexibility and have produced better results in ASD classification. This paper presents …