Digital Commons Network^™

Electricity Competition And The Public Good: Rethinking Markets And Monopolies, Jonas J. Monast

University of Colorado Law Review

The United States electricity sector is engaged in a long-term experiment regarding the proper role of market competition. Many states that transitioned to competitive electricity markets in the early 2000s are again reconsidering the relationship between market competition and public policy goals. Low natural gas prices, falling costs of renewable energy and energy storage, and improvements in efficiency are causing early retirements of coal and nuclear power plants and thus affecting environmental policy goals and economic interests. States that continue to rely on monopoly utilities for electricity are also reconsidering the role of competition, but from a different angle. Rather …

Best Interests In The Long Term: Fiduciary Duties And Esg Integration, Susan N. Gary

University of Colorado Law Review

Two persistent misconceptions continue to affect the way fiduciaries think about sustainable investing: (1) fiduciary duties block a fiduciary investor from considering environmental and social factors; and (2) the portfolio will suffer financially if a fiduciary investor engages in sustainable or responsible investing. An examination of socially responsible investing; ESG integration (an investment process that considers material environmental, social, and governance (ESG) factors alongside traditional financial metrics); corporate social responsibility; and impact investing, shows that neither of these assumptions is correct. Analyses of different forms of sustainable investing have found no necessary cost to a portfolio when sustainable funds are …

Mine Reclamation's Reliance On King Coal: Meeting Legacy Environmental Obligations With A Declining Industry, Claire Jarrell

University of Colorado Law Review

Coal mines throughout Appalachia have left the land scarred and the water damaged. Although mine reclamation programs are the only major system of recourse for addressing environmental degradation caused by mining, the downturn of the coal market has put reclamation programs in a precarious position for achieving that end. Funds for coal mine reclamation are derived from the current coal industry's profits. As coal profits continue to atrophy, so too does the pot of money designated for reclamation efforts. These dwindling financial resources are particularly problematic because there is still significant need for reclamation funding throughout Appalachia.

This Comment explores …

Table Of Contents (Vol. 90, Issue 4)

University of Colorado Law Review

No abstract provided.

The Quasi-Parent Conundrum, Michael J. Higdon

University of Colorado Law Review

Although family law is very much concerned with legal parentage and its attendant rights, children are much more concerned with maintaining relationships with those who care for them, regardless of whether that person is a legal parent or someone functioning as one. What happens though if the child's legal parent attempts to banish the quasi-parent from the child's life? Doing so can be extremely damaging to the child. Nonetheless, parents do possess a constitutional right to make decisions about how to rear their children, including who may have access to the child.

Trying to strike a balance between protecting the …

Medical Records And Privacy Rights: The Unintended Consequences Of Aggregated Data In Electronic Health Records, Andrea C. Maciejewski

University of Colorado Law Review

In an era of rapid-pace technological innovation and political focus on healthcare, the federal government is pushing for nationwide interoperability of electronic health records. While there are many benefits from such a program, the lack of federal or state privacy regulations for patients' personal data opens up the possibility of widespread dissemination of private and sensitive information. This inattention to privacy will cause major problems if exploited.

Currently, there are no federal or Colorado laws that protect against potential privacy violations and provide recourse for a patient if a medical professional decides to insert nonmedical information, such as information about …

Redefining What It Means To "Furnish Items In Excess Of A Patient's Needs": A Federal Tool To Guide Physician Prescribing Behavior And Combat The Opioid Crisis, Carson Schneider

University of Colorado Law Review

The United States is in the midst of one of the deadliest drug epidemics in its history: the opioid crisis. The relevant players- prominent physicians, federal investigators, and multiple presidents, to name a few-have demonstrated a desire to combat the crisis, but they have not always focused on addressing one of the crisis's most prominent causes. This Comment starts by identifying a major cause of the opioid crisis-physician-prescribed opioid painkillers-and then advocates for federal regulation and monitoring through the Department of Health and Human Services (HHS) as a remedy.

Under the current statutory regime, HHS has the power to control …

A Purpose-And-Effect Test To Limit The Expansion Of The Government Speech Doctrine, Will Soper

University of Colorado Law Review

The First Amendment of the Constitution prohibits the government from passing any law that limits the freedom of private speech. However, in order to effectively govern, the state must communicate its policies and messages in ways that may not leave room for competing views. Since the early 1990s, the Supreme Court has articulated and developed the doctrine of government speech: when the government speaks, it is exempt from the First Amendment. The doctrine's use and expansion has its detractors. Many are worried that government speech should only be protected when it would be clear to a reasonable listener that the …

Dietary Intake Of Inorganic Nitrate In Vegetarians And Omnivores And Its Impact On Blood Pressure, Resting Metabolic Rate And The Oral Microbiome, Ann Ashworth, Craig Clarke, Garry Farnham, Luke Liddle, Mia Burleigh, Ana Rodiles, Carla Sillitti, Michele Kiernan, Melanie Moore, Mary Hickson, Chris Easton, Raul Bescos

School of Health Professions

No abstract provided.

How Data Science Can Advance Mental Health Research, Tc Russ, E Woelbert, Kas Davis, Jd Hafferty, Et Al

Peninsula Medical School

Accessibility of powerful computers and availability of so-called big data from a variety of sources means that data science approaches are becoming pervasive. However, their application in mental health research is often considered to be at an earlier stage than in other areas despite the complexity of mental health and illness making such a sophisticated approach particularly suitable. In this Perspective, we discuss current and potential applications of data science in mental health research using the UK Clinical Research Collaboration classification: underpinning research; aetiology; detection and diagnosis; treatment development; treatment evaluation; disease management; and health services research. We demonstrate that …

Best Practice Guidelines For Training Professional Carers In The Administration Of Buccal (Oromucosal) Midazolam For The Treatment Of Prolonged And/Or Clusters Of Epileptic Seizures In The Community, Rohit Shankar

Peninsula Medical School

No abstract provided.

Optimising Feedback For Early Career Professionals: A Scoping Review And New Framework, Karen Mattick, Nicola Brennan, Simon Briscoe, Chrysanthi Papoutsi, Mark Pearson

Peninsula Medical School

No abstract provided.

Patient And Public Involvement In Medical Performance Processes: A Systematic Review, Mirza Lalani, Rebecca Baines, Marie Bryce, Martin Marshall, Sol Mead, Stephen Barasi, Julian Archer, De Bere S Regan

Peninsula Medical School

No abstract provided.

Neurological Effects Of Glucocerebrosidase Gene Mutations, S. Mullin, D. Hughes, A. Mehta, A. H.V. Schapira

Peninsula Medical School

No abstract provided.

Gender Incongruence In Children, Adolescents And Adults, Susan Bewley, Damian Clifford, Margaret Mccartney, Richard Byng

Peninsula Medical School

More individuals are requesting medical assistance for gender uncertainty or dysphoria and provision of adult NHS gender identity services (GIS) is changing. Despite minimal medical input to polarised debates, several issues are potentially concerning: reports of poor care; rapid rises in referrals of children and young people to GIS; public conflation of biological sex with socially influenced gender roles; and extensive uncertainty in the evidence base to guide practice. Medical practice should happen within robust human rights frameworks where individual patients always have their concerns heard. Generalists, with expertise in whole-person care, handling uncertainty and complexity, have a key role …

From Mental Disorder To Shared Understanding: A Non-Categorical Approach To Support Individuals With Distress In Primary Care, Richard Byng, Nora Groos, Christopher Dowrick

Peninsula Medical School

This article argues that, rather than aiming for a psychiatric diagnosis, generalist professionals such as those working in primary care, as well as in other hospital and community settings, should use a non-diagnostic framework when encountering distress. The conceptual and empirical limitations of the psychiatric diagnostic system and evidence that psychological phenomena are dimensional suggest the need for an alternative approach; one that might also address problems of overdiagnosis and overmedication.1 There are three key problems with the current Diagnostic Statistical Manual (DSM) and International Classification of Diseases (ICD) systems of psychiatric classification. The process can be stigmatising; diagnoses are …

Predictors And Trajectory Of Performance Status In Patients With Advanced Cancer: A Secondary Data Analysis Of The International European Palliative Care Cancer Symptom Study, Jw Boland, Victoria Allgar, Eg Boland, Stein Kaasa, Marianne J. Hjermstad, Miriam J. Johnson

Peninsula Medical School

Background: Performance status, a predictor of cancer survival, and ability to maintain independent living deteriorate in advanced disease. Understanding predictors of performance status trajectory could help identify those at risk of functional deterioration, target support for independent living and reduce service costs. The relationship between symptoms, analgesics and performance status is poorly delineated. Aim: The aim of this study is to determine whether demographics, analgesics, disease characteristics, quality-of-life domains and C-reactive protein predict the trajectory of Karnofsky Performance Status (KPS) in patients with advanced cancer. Design: The study design is the secondary data analysis of the international prospective, longitudinal European …

Non-Invasive Coronary Ct Angiography-Derived Fractional Flow Reserve: A Benchmark Study Comparing The Diagnostic Performance Of Four Different Computational Methodologies, Jason Matthew Carson, Sanjay Pant, Carl Roobottom, Robin Alcock, Blanco P Javier, Bulant C Alberto, Yuri Vassilevski, Sergey Simakov, Timur Gamilov, Roman Pryamonosov, Fuyou Liang, Xinyang Ge, Yue Liu, Perumal Nithiarasu

Peninsula Medical School

Non-invasive coronary computed tomography (CT) angiography-derived fractional flow reserve (cFFR) is an emergent approach to determine the functional relevance of obstructive coronary lesions. Its feasibility and diagnostic performance has been reported in several studies. It is unclear if differences in sensitivity and specificity between these studies are due to study design, population, or "computational methodology." We evaluate the diagnostic performance of four different computational workflows for the prediction of cFFR using a limited data set of 10 patients, three based on reduced-order modelling and one based on a 3D rigid-wall model. The results for three of these methodologies yield similar …

Perioperative Oxidative Stress: The Unseen Enemy, Jia L. Stevens, Martin Feelisch, Daniel S. Martin

Peninsula Medical School

Reactive oxygen species (ROS) are essential for cellular signaling and physiological function. An imbalance between ROS production and antioxidant protection results in a state of oxidative stress (OS), which is associated with perturbations in reduction/oxidation (redox) regulation, cellular dysfunction, organ failure, and disease. The pathophysiology of OS is closely interlinked with inflammation, mitochondrial dysfunction, and, in the case of surgery, ischemia/reperfusion injury (IRI). Perioperative OS is a complex response that involves patient, surgical, and anesthetic factors. The magnitude of tissue injury inflicted by the surgery affects the degree of OS, and both duration and nature of the anesthetic procedure applied …

Insulin Resistance During Normal Child Growth And Development Is Associated With A Distinct Blood Metabolic Phenotype (Earlybird 72), Joanne Hosking, Jonathan Pinkney, Alison Jeffery, Ornella Cominetti, Silva L Da, Sebastiano Collino, Martin Kussmann, Jorg Hager, Francois Pierre Martin

Peninsula Medical School

No abstract provided.

Where There's A Will, There's A Way: Implementing Motivational Strategies To Combat Decision Fatigue, David Huang

CMC Senior Theses

Recent research suggests we have a limited supply of willpower, termed the “ego”, which becomes depleted by undergoing cognitively demanding tasks. Any acts of volition, including decision-making, self-control, and taking responsibility, reduce this supply of “ego” (Baumeister, 1998), which impedes our ability to further perform these tasks. Decision fatigue, a specific form of ego depletion, is prevalent everywhere from judicial court cases (Danzinger, Levav, & Avnaim-Pesso, 2010) to our daily lives. There is now significant mainstream media exposure and literature on decision fatigue and the activities to which it applies. However, it remains contested how to best handle its negative …

Healthy Skepticism: The Relationship Between Funding Source And Conclusion In Nutrition-Related Scientific Articles On Saturated Fat, Lili Muskal

CMC Senior Theses

Recently published scientific articles have led to mixed nutritional advice on dietary saturated fatty acids. Lesser et. al (2007) identified that mixed conclusions in scientific articles on sweetened beverages might be attributed industry funding, as articles funded by the beverage industry are four to eight times more likely to report conclusions in favor of the sponsor’s products. This thesis applies Lesser’s methods to determine whether industry funding influences the inconsistent conclusions on saturated fatty acids. This thesis analyzes 100 articles on foods high in dietary saturated fatty acids. While studies with food industry funding are more likely to produce favorable …

The Use Of Personality Testing In Personnel Selection, Riya Kumar

CMC Senior Theses

Research has shown that more than 45% of American companies are opting to integrate personality tests in their recruitment processes. Given this surge in personality testing, this thesis examines whether personality testing is a valid predictor of job-fit and performance in the context of personnel selection. A large proportion of this paper is focused upon the Big-Five factor model, its limitations, and derivative tests of the model. The impact of technology upon personality testing is also discussed as an emerging field. By tracing and examining the history of personality testing to current day, I have found that personality tests are …

The Growth Of Socially Responsible Investing Practices In U.S. Equity Markets And Abnormal Sin Stock Returns, Jack Lori

CMC Senior Theses

In my Senior Thesis, I explore the growth of socially responsible investing (SRI) practices in U.S. equity markets and abnormal sin stocks returns. I analyze the historical performance of socially responsible ETFs and portfolios of current sin stocks—alcohol, tobacco, gaming, and aerospace & defense stocks. I propose that as socially responsible investing practices continue to grow in U.S. equity markets, more industries will eventually be deemed sinful—such as sugary beverages, fast food/sugary food, biotech & pharmaceuticals, and tech/social media. I examine two sinful industries—alcohol and tobacco—by comparing the performance of these sinful portfolios before and after their industries were widely …

How Organizations And Their Brands Leverage Marketing Partnerships To Enhance Their Success: The Guidelines To Navigating Both Reaffirming And Repositioning Strategic Partnerships, Remi A. Edwards

CMC Senior Theses

Understanding the different factors, influencers, and outcomes that form a successful brand partnership allow for marketers to make informed decisions that benefit their company. This paper provides a comprehensive review of the literature regarding partnership marketing and issues a set of guidelines for marketers to strategically market their brand by way of collaboration. With two distinct strategic frameworks, reaffirming partnerships and repositioning partnerships, this paper seeks illustrate the efficacy of brand collaboration and how to achieve success based on varying brand goals.

Fostering Transformational Leadership In Asian Americans: How To Reach The C-Suite, Khadija Ganijee

CMC Senior Theses

This paper investigates what has caused a lack of Asian American leadership in the corporate space and how transformational leadership can be the solution for these people by using their culture to their advantage. This was accomplished through a comprehensive review of transformational leadership and the personality traits associated with it, as well as psychological research on Asian American issues in the workplace and the role of Asian American culture. Stereotyping and discrimination play a role in the workplace, but usually, what a person can do to combat these issues is not explicated. This thesis aims to fill in that …

The Digitalization Of Development: Understanding The Role Of Technology And Innovation In Development Through A Case Study Of Kenya And M-Pesa, Kara Schachter

CMC Senior Theses

This thesis analyzes the connection of mobile phone technology to increased economic development in Kenya. Drawing on previous research, I first examine the state of development by analyzing social, political, and economic factors in Kenya in 2007/2008. I then examine the role of technology on these development factors in Kenya by focusing on the rapid rise of mobile money platform M-Pesa and the rise of decentralized banking. This thesis finds that M-Pesa’s success stems from the failure of public trust in traditional institutions, collaboration between the public, private, and nonprofit sector, initial lack of regulation to promote innovation, and heavy …

The Changing Nature Of Work, Leadership, And Organizational Culture In Future Ready Organizations, Saloni Dhir

CMC Senior Theses

Abstract

The relationship between individual and organizational performance is a key challenge for leaders in modern organizations, especially with the current disruption in technology and innovation. This thesis is a literature review and compilation of the relevant empirical evidence on various processes of industrial groups and organizational characteristics such as the changing nature of work, leadership, and company culture in detail. I investigate the complex challenges that millennials and organizations are facing in the current VUCA work environment as well as their potential responses to these changes. I map out the evolution of the concept of work and compare changes …

What's Going Wrong In Nevada? A Comparative Analysis Of California And Nevada Gun Control Laws As They Relate To Gun Violence, Danielle Chami

CMC Senior Theses

The recent mass shooting on October 1, 2017 in Las Vegas, Nevada has been marked in history as the worst mass shooting in the United States to this point. The details of the shooting beg the question, is it coincidence that it happened in Nevada, a state with some of the least restrictive gun control laws? Mass shootings have become an unfortunate part of reality in the United States, but these are fairly uncommon occurrences. While they are horrific and deserve attention, daily gun violence cannot be forgotten. In the face of such a multitude of gun violence, what can …

The Effectiveness Of Collaboration Within Supply Chain Management: A Case Study Of Adidas Group, Daniel Carr

CMC Senior Theses

For a multi-national company like Adidas, supply chain management is one of the most crucial aspects of business operations. Products cannot be sold unless Adidas’s supply chain is well-managed and efficient, and public perception of a brand/company is critical to success.

This case study analyzes the effectiveness of Adidas's distinct “collaborative approach” to supply chain management, which is characterized by not only monitoring and auditing suppliers, but also training them to make Adidas’s standards their own and approaching suppliers with the intention of building long-term relationships where the suppliers can become self-sufficient.

This study reviews the structure of Adidas's supply …