Digital Commons Network^™

The Politics Of Regulatory Enforcement And Compliance: Theorizing And Operationalizing Political Influences, Jodi L. Short

Faculty Scholarship

There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization and empirical testing of how politics matters. Many enforcement and compliance studies omit political variables altogether. Among those that address political influences on regulatory outcomes, politics has been defined in myriad ways and, too often, left undefined. Even when political constructs are explicitly operationalized, the mechanisms by which they influence regulatory outcomes are thinly hypothesized or simply ignored. If politics is truly as important to enforcement and compliance outcomes as everyone in …

When Are Vaccine Mandates Appropriate?, Dorit R. Reiss, Carmel Shachar

Faculty Scholarship

Vaccine refusal is a serious public health problem, especially in the context of diseases with potential to spark global pandemics, such as Ebola virus disease in the Democratic Republic of the Congo. This article examines whether and when compelling vaccination through mandates and criminalization, for example, are appropriate. It argues that some legal approaches are ethical when they preserve social stability, trust in government, therapeutic research opportunities, or when they diminish disease severity.

The Cancer Curse: Regulatory Failure By Success, Robin C. Feldman

Faculty Scholarship

Since the turn of the millennium, a series of regulatory decisions—unrelated in time and design—has shifted the focus of the pharmaceutical industry toward cancer research and treatment. Regulation, of course, is designed to drive public and private behavior, but the sum of these regulatory actions is driving behavior well beyond governmental design. This phenomenon represents a peculiar form of regulatory failure that cannot be sufficiently explained without contemplating a new form of regulatory failure—failure by success.

As with any great epic tale, the modern saga is full of celebrities and drama, framed by truly heart-wrenching stories. However, with 89 percent …

Viral Licensing: Ensuring The Public Interest When Taxpayers Fund Pharmaceutical Research, Robin C. Feldman, Betty Chang Rowe, Rabiah Oral

Faculty Scholarship

In recent years, the nation's drug development and delivery system has loomed in the forefront of pressing policy concerns. This piece suggests a relatively simple pathway that could provide opportunities for progress with aspects of the problem. Through the addition of a few choice provisions in their licensing agreements, research universities could improve consumer choices and access to the drugs developed with their government-funded research. Looking at the entire drug development system, universities play a complex set of roles. They are both the keepers of the academic flame and the stewards of public money. Beyond that, universities also may benefit …

An Aye Aye For An Aye Aye: Making Biodiversity Offsets Sustainable, David Takacs

Faculty Scholarship

No abstract provided.

The Covid-19 Vaccine Dilemma, Dorit R. Reiss

Faculty Scholarship

COVID-19 continues to lead to large numbers of deaths, harms, and financial costs. Without an effective vaccine, those will continue. The pressure to find a vaccine is high; and that pressure places a risk on the safeguards in place to assure that vaccines are safe and effective will be ignored. The United States has an extensive apparatus to oversee vaccine safety before and after licensing, including multiple federal committees and several monitoring systems, and that apparatus gave us, in 2020, an extraordinarily safe vaccine supply. This Article explains the different pressures that push for and against using the same apparatus …

Institutionalizing The Centers For Disease Control And Prevention's Independence, Dorit R. Reiss

Faculty Scholarship

The United States' response to the COVID-19 pandemic was sub­ optimal. One problem in it was the politicization of the public health response. One aspect of that politicization was aggressive political intervention in the Centers for Disease Control and Prevention ( CDC) efforts to provide guidance and help pandemic response. The concern was strong enough that four previous CDC Directors, in an unusual step, published an op-ed calling out political intervention in the CDC. This article proposes two changes to strengthen the CDC's institutional independence: codifying the CDC's role in preventing diseases and reducing harms in a statute, and restructuring …

Digging The Rabbit Hole, Covid-19 Edition: Anti-Vaccine Themes And The Discourse Around Covid-19, Tara C. Smith, Dorit R. Reiss

Faculty Scholarship

This article draws on a broadcast popular among the anti-vaccine community to map out six themes used by the broadcast to mislead viewers about COVID-19. The themes are the claim that “they” e government and pharma e are lying to you, claims that COVID-19 is an excuse to remove civil liberties, viewing everyone as an expert, claiming that science cannot save us, skewing the science, and a claim that “they” are out to harm the viewers. The article points out that similar themes are used to mislead followers with anti-vaccine information. It highlights the concern that these themes will not …

Evidence Of Memory From Brain Data, Emily R. Murphy, Jesse Rissman

Faculty Scholarship

Much courtroom evidence relies on assessing witness memory. Recent advances in brain imaging analysis techniques offer new information about the nature of autobiographical memory and introduce the potential for brain-based memory detection. In particular, the use of powerful machine- learning algorithms reveals the limits of technological capacities to detect true memories and contributes to existing psychological understanding that all memory is potentially flawed. This article first provides the conceptual foundation for brain-based memory detection as evidence. It then com- prehensively reviews the state of the art in brain-based memory detection research before establishing a framework for admissibility of brain-based memory …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Faculty Scholarship

No abstract provided.

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

A Critique Of Jurisdictionality, Scott Dodson

Faculty Scholarship

Over the last two decades, and culminating in a quartet of cases decided in the last two terms, the Supreme Court has erected a frame­ work for determining when a rule is "jurisdictional." This framework is important because questions of jurisdictionality routinely come up in federal litigation. Pressing the virtues of simplicity and clarity in jurisdictional rules to avoid the costs of mistaken assumptions of ju­risdiction, the framework deploys clear-statement rules and formalis­tic, rule-based tests in an effort to be, in the Court's words, "easy to apply" and "readily administrable." In this article, I expose the weak­ nesses of the …

Reliance On Executive Constitutional Interpretation, Zachary S. Price

Faculty Scholarship

Federal executive officials routinely authorize government personnel to violate otherwise applicable laws based on contestable constitutional interpretations. This practice raises an important and unresolved question, one that arose in connection with the George W Bush Administration's interrogation practices and that could easily arise again: What legal effect, if any, should internal executive guidance on constitutional questions have in subsequent civil or criminal litigation against officials who relied on it? This Article systematically analyzes this question. Building on existing case law in related areas, it argues that any sound reliance defense in this area must balance three competing constitutional considerations: (1) …

Allocating Tax Transition Risk, Heather M. Field

Faculty Scholarship

No abstract provided.

The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez

Faculty Scholarship

Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations—particularly those addressing mass incarceration and securing justice—and has gained a new urgency following nationwide protests in response to racial violence and anti-Blackness. Such increased attention necessitates that reformists think carefully about the existing legal landscape of restorative justice to ensure that the construction and refinement of restorative justice laws do not yield undesirable state and local practices. Drawing on a dataset of 264 laws, including statutes, court rules, and regulations in 46 jurisdictions, this …

Son Of Sam, Service-Connected Entitlements, And Disabled Veteran Prisoners, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

Diel Activity Patterns Of Southern Flying Squirrels (Glaucomys Volans), Jason Robert Wogsland

Cal Poly Humboldt theses and projects

Southern flying squirrels (Glaucomys volans) are common and relatively abundant residents of Tennessee forests. They are often associated with mast-producing trees (ie. Quercus spp., oaks) and snags because they provide essential food resources and nest sites. However, they are widespread and occur in many different habitat types; including high-elevations in Eastern Tennessee where spruce-fir forests are dominant. Despite their extensive distribution, little is known about diel activity patterns or how factors such as elevation, temperature, or habitat composition influence timing and amount of activity. To better understand what influences activity, two passive monitoring methods (camera traps and acoustic detectors) were …

Use Of Pefloxacin As A Surrogate Marker To Detect Ciprofloxacin Susceptibility In Salmonella Enterica Serotypes Typhi And Paratyphi A, Safia Moin, Mohammad Zeeshan, Sidra Laiq, Ahmed Raheem, Afia Zafar

Department of Pathology and Laboratory Medicine

Objective: To determine the use of pefloxacin as a surrogate marker to detect fluoroquinolone (ciprofloxacin) susceptibility against Salmonella enterica serotypes Typhi and Paratyphi A.
Methods: The prospective, descriptive cross-sectional study was conducted at the Aga Khan University Hospital, Karachi, from September 2016 to March 2018, and comprised Salmonella Typhi and Paratyphi A isolates of blood cultures. Disk susceptibility tests and broth microdilution to test minimum inhibitory concentration were performed as per standard guidelines. Data was analysed using SPSS 21.
Results: Of the 138 isolates, 91(66%) were intermediate resistant to ciprofloxacin but were resistant to pefloxacin, 42(30%) were resistant to both …

2019 Hrs/Ehra/Aphrs/Lahrs Expert Consensus Statement On Catheter Ablation Of Ventricular Arrhythmias, Edmond M Cronin, Phillip Cuculich, Et Al.

2020-Current year OA Pubs

Ventricular arrhythmias are an important cause of morbidity and mortality and come in a variety of forms, from single premature ventricular complexes to sustained ventricular tachycardia and fibrillation. Rapid developments have taken place over the past decade in our understanding of these arrhythmias and in our ability to diagnose and treat them. The field of catheter ablation has progressed with the development of new methods and tools, and with the publication of large clinical trials. Therefore, global cardiac electrophysiology professional societies undertook to outline recommendations and best practices for these procedures in a document that will update and replace the …

Subject Approach To Information Retrieval With Special Reference To Bengali Documents: A Critical Study, Dr. Sambhu Nath Halder

Library Philosophy and Practice (e-journal)

The library provides its services to satisfy the user’s approach. This study is done to assess users’ attitudes towards the retrieval of the Bengali document in OPAC through subject headings. It also traces users’ perceptions regarding subject access highlighting the problems in the retrieval of Bengali documents by subject in OPACs. It can be inferred that some features are required to be incorporated to improve the functionality of the OPACs and thereby to satisfy users’ requirements. Results revealed that search experience using subject headings is not satisfactory. Keywords search rather performs better but due to redundancy of search, it is …

Research Output On Alopecia Areata Disease: A Scientometric Analysis Of Publications From 2010 To 2019, Muneer Ahmad, Dr. M.Sadik Batcha

Library Philosophy and Practice (e-journal)

The present study is undertaken to find out the publication trends on Alopecia Areata Disease during 2010-2019 from the global perspective. The study mainly focus on distribution of research output, top journals for publications, most prolific authors, authorship pattern, and citations pattern on Alopecia Areata Disease. The results indicate that highest growth rate of publications occurred during the year 2019. Columbia University topped the scene among all institutes. The maximum publications were more than four authored publications. Christiano AM and Clynes R were found to be the most prolific authors. It is also found that most of the prolific authors …

Information And Communication Technology Infrastructures And Staff Competence As Correlates Of Effective Resource Sharing In University Libraries In North Central, Nigeria, Tomi Babatunde, Jibril A. Alhassan Prof, Gideon A. Babalola Dr

Library Philosophy and Practice (e-journal)

The paper examined Information and Communication Technology (ICT) Infrastructures and Staff Competence as Correlates of Effective Resource Sharing in University Libraries in North Central, Nigeria. Objectives of the study was to find out the Information and Communication Technology infrastructures available for effective resource sharing and to ascertain the competencies of staff in the use of ICT for effective resource sharing in university libraries in North Central, Nigeria. Two research questions and one null hypothesis guided the study. The study adopted survey research design and the population comprised sixty (60) librarians. Descriptive and inferential statistics were used to analyse the data …

Measuring Research Productivity And Performance Of Medical Scientists On Coronary Artery Disease In Brazil: A Metric Study, Muneer Ahmad, Dr. M.Sadik Batcha

Library Philosophy and Practice (e-journal)

The aim of this study was to analyze Brazil research performance on Coronary Artery Disease as reflected in indexed publications in Web of Science with a view to understand their distribution of research output, top journals for publications, most prolific authors, authorship pattern, and citations pattern on CAD. The results indicate that highest growth rate of publications occurred between the years 1995-1999. University Sao Paulo topped the scene among all institutes. The maximum publications were more than ten authored publications. Ramires JAF and Santos RD were found to be the most prolific authors. It is also found that most of …

Employing Bibliometric Analysis On Research Published In Pakistan Journal Of Medical And Health Sciences From 2019 – 2009., Zameer Hussain Baladi, Abdullah Alabdali

Library Philosophy and Practice (e-journal)

Introduction: Pakistan Journal of Medical and Health Sciences is peer review and indexed in the Scopus-Elsevier database. This study signifies the participation of (PJMHS) in the research productivity, published from 2019 - 2009.

Material and Methods: The records of the published data retrieved from PJMHS website and Scopus-Elsevier database for tabulation in MS Office Excel Sheet. Frequency of publications, type of documents, usage of pages, citations, and association of the first author with their countries.

Results: Total 3817 documents written by 15401 (4%) authors in seven categories published in 43 issues. An average of (2.8%) pages consumed …

Challenges Faced By School Teachers When Seeking Information: How Barriers Be Addressed, Chamani Gunasekera, R. Balasubramani Dr.

Library Philosophy and Practice (e-journal)

The present study explored the challenges faced by school teachers when seeking information for teaching purposes and made suggestions to overcome these challenges. The study used a mixed-method approach, comprising a questionnaire survey and focus groups discussions. The data collected through the questionnaires were mainly quantitative and were analysed using the SPSS (21.0) while the qualitative data from the focus group discussions were analysed using thematic content analysis. For the quantitative approach, 318 school teachers were sampled in questionnaires survey where the descriptive statistics were used for analysis. The study found a variety of barriers that influenced teachers’ information seeking …

20 Years Of Dentistry Research At World Perspectives: A Scientometric Study, Mohammad Amees, Saddam Hosaain, Sadik M. Batcha

Library Philosophy and Practice (e-journal)

Dentistry is a branch of medicine that is involved in the study of diagnosis, prevention and treatment of diseases disorders and conditions of the oral function. The study rummages world performances based on its publication output in Dentistry during 1999-2018 (20 years) based on several parameters including a whole country of world’s annual average growth rate of publications share and rank Relative Growth Rate (RGR). The study was carried out from Web of Science on Dentistry research at Global perspective. The maximum records published 1536 with 9.62% in 2018 out of 15970 on Dentistry research, whereas the year 1999 is …

Library And Information Science Research In India: A Bibliometric Assessment Of Publications Output During 2014-18, Dr. Sharad Kumar Sonkar

Library Philosophy and Practice (e-journal)

The paper explored the productivity of Indian authors output in the field of library and information science research, a total 1275 publications have been downloaded from the web of science from the period of 2014-18. The research output were assessed in the year wise, author wise, gender wise, document wise, state wise and international collaborative publications. The paper also examines the highly cited articles. Most productive journals, most productive authors, most productive organizations in library and information science research in India during 2014-18.

Analysis Of The Needs Of Information About Issn For Scientific Journal Managers In Indonesia, Dwi Ridho Aulianto, Pawit M. Yusup, Yanti Setianti

Library Philosophy and Practice (e-journal)

This study aims to find out what information is needed by scientific journal publishers. The method of this study was a questionnaire and interview to the participants of the ISSN workshop held by Indonesian Institute of Sciences (LIPI). The answers of the question are processed and analyzed as the research data. The results of the study showed that the information which is needed by scientific journal managers are not only about the national accreditation but also the basic information needs regarding the use of ISSN, there are still many scientific journal publishers who published their works without any guidance or …

Beyond The Family Tree: Genealogy Instruction As A Gateway To Primary Source Literacy, Deedee Baldwin

Library Philosophy and Practice (e-journal)

Say the word “genealogy” in an academic library, and you are bound to see weary librarians and archivists roll their eyes and sigh. But academic librarians can do more than accepting genealogists as a frustrating fact of life: they can recognize a perfect opportunity to teach primary source literacy concepts to a group that is more than open to learning them.

Awareness And Usage Pattern Of Learner’S On Elearning Platform: A Survey, Vijay Kumar, Shweta Pandey Dr., Parminder Kaur

Library Philosophy and Practice (e-journal)

During this covid-19 pandemic situation, virtual e-learning environment is more effective and useful for learners’ and for any educational system to cater the needs. E-Learning provides opportunity to the learner’s regardless geographic location, independent of time and place. E-Learning platform helps the learners to enhance their learning skills, employability skill development, subject expertise, and research skills by which the teaching and learning strategy get increases. Learning through e- platforms develop the technical skills, exploring the knowledge, interest of learning and way to change teaching style. Through this paper, an attempt is made to understand the learner’s perception, their interactive pattern …