Digital Commons Network^™

The Professional Responsibility Case For Valid And Nondiscriminatory Bar Exams, Joan W. Howarth

Scholarly Works

Title VII protects against workplace discrimination in part through the scrutiny of employment tests whose results differ based on race, gender, or ethnicity. Such tests are said to have a disparate impact, and their use is illegal unless their validity can be established. Validity means that the test is job-related and measures what it purports to measure. Further, under Title VII, even a valid employment test with a disparate impact could be struck down if less discriminatory alternatives exist.

Licensing tests, including bar exams, have been found to be outside these Title VII protections. But the nondiscrimination values that animate …

Developments In The Laws Affecting Electronic Payments And Financial Services, Tom Kierner, Steve Middlebrook, Sarah Jane Hughes

Articles by Maurer Faculty

Federal and state developments affecting e-payments and financial services between June 1, 2018, and May 31, 2019, as in recent years, exceeded the space allowed for this survey. We have chosen to feature continuing regulatory efforts, including new guidance and innovations in cryptocurrencies as payments methods or as tradable "digital assets," and enforcement actions related to cryptocurrencies and to providers and users of cryptocurrencies. This survey also identifies guidance and enforcement actions that relate to providers of other types of financial products or services. Part II evaluates developments relating to cryptocurrencies, both as payment products and otherwise as "digital assets" …

International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan

Articles by Maurer Faculty

Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …

Do Blockchain Technologies Make Us Safer? Do Cryptocurrencies Necessarily Make Us Less Safe?, Sarah Jane Hughes

Articles by Maurer Faculty

This essay is based on a presentation made on January 24, 2020 at the invitation of the Texas Journal of International Law and the Strauss Center for National Security at the University of Texas. That presentation focused on the two questions mentioned in the title of this essay – Do Blockchain Technologies Make Us Safer? And Do Cryptocurrencies Necessarily Make Us Less Safe? The essay presents answers to the two questions: “yes” and “probably yes.” This essay begins with some level-setting on different types of blockchain technologies and of cryptocurrencies, and gives some background materials on global and national responses …

Circumventing Standing To Appeal, Ryan W. Scott

Articles by Maurer Faculty

The requirement of standing to sue in federal court is familiar, but the related requirement of standing to appeal within the Article III judiciary is badly undertheorized. The Supreme Court’s opinions suggest (at least) four constitutional rationales. Standing to appeal might serve the same functional purposes as standing to sue, or it might follow from the fact that appeals involve two separate courts, or it might be triggered because the underlying case or controversy has become moot, or because it has reached the point of final judgment.

Compounding the confusion, the requirement of standing to appeal can have troubling consequences …

Prevalence Of Chronic Hepatitis B In Oro Province, Papua New Guinea, Alice Unah Lee, Luke Mair, Bob Kevin, Lily Gandi, Olive Tarumuri, Caroline Lee, Sue Huntley, David Carl Hilmers

Faculty, Staff and Students Publications

Chronic hepatitis B (CHB) affects over 250 million people worldwide. In Papua New Guinea, the prevalence of CHB has been estimated to be over 8%, and it is a leading cause of death. To address this problem, an alliance was formed between the government of Oro Province, a large private employer and an Australian nongovernmental organization, which established a CHB test and treatment programme. Between 2014 and 2019, rapid hepatitis B surface antigen testing was performed on 4068 individuals in Oro Province. The crude prevalence rate was 12.98% and was significantly higher in males (15.26%) than females (10.94%) (P < 0.001). The rate was 4.72% among children aged 10 years and under, 12.81% among women of childbearing age (19–35 years) and 18.48% among health-care workers. These results indicate that the rates of vaccination at birth and later among women of childbearing age and health-care workers must be improved to prevent transmission of CHB.

Broken And Forgotten: A Case Of Unintentionally Retained Foreign Object, Hong Loan Nguyen, Lauren Nicholas Herrera, Ali Cheema, Pralay Kumar Sarkar

Faculty, Staff and Students Publications

Central venous catheter have become ubiquitous with greater than 15 million catheter days/year in the intensive care setting alone. However, the procedure carries with it several immediate and other delayed complications that can result in significant morbidity, mortality, and increased healthcare cost. We report a rare case of significantly delayed complications associated with intravascular loss of guide wire during central venous catheter placement and its impact on patient's long term management. The case highlights not only the importance of proper technique and safety precaution in performing an increasingly common procedure, but also the need for timely identification and rectification of …

Identifying Gaps In Transitional Care For Adolescent Parents And Their Infants Leaving The Nicu: A Needs Assessment, Stevie Griglak

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Parents of infants admitted to the Neonatal Intensive Care Unit (NICU) are more likely to experience posttraumatic stress, anxiety, feelings of hopelessness, difficulties caring for or bonding with their infants, and financial concerns than parents who deliver full-term, healthy newborns (Ionio et al., 2016). Some NICU admissions may last several months before the premature and/or critically ill infant is stable enough for discharge, and other times the likelihood of discharge is uncertain. Arguably, teen parents with NICU infants are confronted with even more stressors throughout their newborn's hospitalization and post-discharge when they settle into their role as a new parent. …

Experimenting With A Biologically Plausible Neural Network, Dmitri Murphy

University Honors Theses

We present research on an implementation of a biologically inspired Bayesian Confidence Propagation Neural Network (BCPNN). Based on previous work by Christopher Johansson and Anders Lansner, our implementation seeks to test and understand the various properties of this model. The floating-point implementation we built uses discrete time and bit-vectors as input/output. We found that the column based BCPNN model is able to memorize a decent number of input vectors and is able to restore noisy versions of these vectors with relatively high accuracy. We examine the model’s capacity, noise recovery ability and cross-column connection influence, among other attributes. The clearest …

Economic Analysis Of Green Marketing: The Correlation Between Consumers And Firms Through Environmental Incentives, Naomi Joyce

University Honors Theses

This thesis will seek to explore and analyze incentives in the market with relation to consumers and firms interacting in the current economic and environmental situation of the United States. These incentives are crucial to understanding the relationship between green consumerism and firm positions in the market. By analyzing the characteristics of green consumers and their reactions of firms, a better understanding of the economic relationship of firms and consumers for the future will become more apparent. The green consumer exhibits personal patterns in their purchasing habits which firms can utilize to attract the green consumer while increasing profits. When …

A Five-Sample Confirmatory Factor Analytic Study Of Burnout-Depression Overlap, Renzo Bianchi, Irvin Sam Schonfeld, Jay Verkuilen

Publications and Research

Objective: It has been asserted that burnout—a condition ascribed to unresolvable job stress—should not be mistaken for a depressive syndrome. In this confirmatory factor analytic study, the validity of this assertion was examined.

Methods: Five samples of employed individuals, recruited in Switzerland and France, were mobilized for this study (N = 3,113). Burnout symptoms were assessed with the Shirom–Melamed Burnout Measure, the Maslach Burnout Inventory (MBI)—General Survey, and the MBI for Educators. Depressive symptoms were measured with the PHQ‐9.

Results: In all five samples, the latent factors pertaining to burnout’s components correlated on average more highly with the latent Depression …

Neoliberalism And Financialization In Turkey, Hakan Yilmaz

Publications and Research

This paper summarizes the process of financialization under the neoliberal restructuring of the Turkish economy. First, it discusses the political and economic context that led to the restructuring. Then, it elaborates the first stage of Turkish neoliberalism and financialization under the ANAP government, and the various coalition governments throughout 1990s. Then, it describes the second stage of this process under the Neoliberal Populist regime of the AKP government. Finally, it tries to locate neoliberalism and financialization in the country’s long-term capitalist development. In this context, the paper aims to display the connection between Marx’s tendency of the rate of profit …

The Distributional Short-Term Impact Of The Covid-19 Crisis On Wages In The United States, Yonatan Berman

Publications and Research

This paper uses Bureau of Labor Statistics employment and wage data to study the distributional impact of the COVID-19 crisis on wages in the United States by mid-April. It answers whether wages of lower-wage workers decreased more than others', and to what extent. We find that the COVID-19 outbreak exacerbates existing inequalities. Workers at the bottom quintile in mid-March were three times more likely to be laid off by mid-April compared to higher-wage workers. Weekly wages of workers at the bottom quintile decreased by 6% on average between mid-February and mid-March and by 26% between mid-March and mid-April. The average …

The Ultimate In Air, Mary Ann Caws

Publications and Research

Air filling something that is then sent away, into the air or, perhaps, beyond. Starting with Chardin's "Air Bubbles" I take up some of Joseph Cornell's Bubble sets, and then Marcel Duchlamp's Air de Paris, ending with the present, in these pandemic times, Air de New York.

"Collaboration" (Digital Pedagogy In The Humanities), Katina Rogers, Amanda M. Licastro, Danica Savonick

Publications and Research

Digital Pedagogy in the Humanities is a peer-reviewed, curated collection of reusable and remixable resources for teaching and research. Organized by keyword, the annotated artifacts can be saved in collections for future reference or sharing. Each keyword includes a curatorial statement and artifacts that exemplify that keyword. This focus of this chapter is "Collaboration." In research, writing, and teaching, ideas build on countless others, weaving a complex network of influences. Collaborative work foregrounds this network, celebrating the value that many hands bring to a project. It includes diverse perspectives, flips the dichotomy of expert and novice, and explores alternative ideas. …

Professionalism Reconsidered, Emily Drabinski

Publications and Research

A review of the article "Professionalism Reconsidered" by Bundy & Wasserman.

The Querelle Des Clés: An Episode In Francisco Frontera De Valldemosa's Exuberant Life, Antoni Pizà

Publications and Research

In 1858, Francisco Frontera de Valldemosa published a peculiar music theory treatise in Madrid under the title Equinotación ó Nuevo sistema musical de llaves. It has two parts. The first (pp. 11-20) is an explanation of the invention (namely, the reduction of all clefs to only three) detailing the perceived actual need for it (that is, most clefs are unnecessary, and they impede or delay the creativity of the avid music learner). The second part (new pagination, pp. 2-83) is a curious anthology of music in many genres and styles. On the left page of each spread, there is a …

A Kinesin Adapter Directly Mediates Dendritic Mrna Localization During Neural Development In Mice, Hao Wu, Jing Zhou, Tianhui Zhu, Ivan Cohen, Jason Dictenberg

Publications and Research

Motor protein-based active transport is essential for mRNA localization and local translation in animal cells, yet how mRNA granules interact with motor proteins remains poorly understood. Using an unbiased yeast two–hybrid screen for interactions between murine RNA-binding proteins (RBPs) and motor proteins, here we identified protein interaction with APP tail-1 (PAT1) as a potential direct adapter between zipcode-binding protein 1 (ZBP1, a β-actin RBP) and the kinesin-I motor complex. The amino acid sequence of mouse PAT1 is similar to that of the kinesin light chain (KLC), and we found that PAT1 binds to KLC directly. Studying PAT1 in mouse …

Leveraging Technology To Blend Large-Scale Epidemiologic Surveillance With Social And Behavioral Science Methods: Successes, Challenges, And Lessons Learned Implementing The Unite Longitudinal Cohort Study Of Hiv Risk Factors Among Sexual Minority Men In The United States, H. Jonathon Rendina, Ali J. Talan, Nicola F. Tavella, Jonathan Lopez Matos, Ruben H. Jimenez, S. Scott Jones, Brian Salfas, Drew Westmoreland

Publications and Research

The use of digital technologies to conduct large-scale research with limited interaction (i.e., no in-person contact) and objective endpoints (i.e., biological testing) has significant potential for the field of epidemiology, but limited research to date has been published on the successes and challenges of such approaches. We analyzed data from a cohort study of sexual minority men across the United States, collected using digital strategies during a 10-month period from 2017 to 2018. Overall, 113,874 individuals were screened, of whom 26,000 were invited to the study, 10,691 joined the study, and 7,957 completed all enrollment steps, including return of a …

Double Inclusive Small-X Gluon Production And Their Azimuthal Correlations In A Biased Ensemble, Gary Kapilevich

Publications and Research

We consider double gg → g production in the presence of a bias on the unintegrated gluon distribution of the colliding hadrons or nuclei. Such bias could be due to the selection of configurations with a greater number of gluons or higher mean transverse momentum squared or, more generally, due to a modified spectral shape of the gluon distribution in the hadrons. Hence, we consider reweighted functional averages over the stochastic ensemble of small-x gluons. We evaluate explicitly the double inclusive gluon transverse momentum spectrum in high-energy collisions, and their azimuthal correlations, for a few simple examples of biases.

And Still They Rise: Lessons From Students In New York City's Alternative Transfer High Schools, Mica Baum-Tuccillo, Varnica Arora, Alison Holstein, Michelle Fine

Publications and Research

And Still They Rise is the first systematic analysis of alternative transfer schools in New York City – alternative educational spaces that keep their doors open to a range of students who seek an education despite past academic struggles. The report blends a qualitative and quantitative review of 842 students’ responses to a participatory survey that asked about goals, desires, obstacles, and what they found at transfer schools. In this report we present the stories and the statistics across schools, elevating silenced stories that lay behind the misnomer “at risk." We review data that shows how deeply students appreciate their …

High Tech, High Risk: Tech Ethics Lessons For The Covid-19 Pandemic Response, Emanuel Moss, Jacob Metcalf

Publications and Research

The COVID-19 pandemic has, in a matter of a few short months, drastically reshaped society around the world. Because of the growing perception of machine learning as a technology capable of addressing large problems at scale, machine learning applications have been seen as desirable interventions in mitigating the risks of the pandemic disease. However, machine learning, like many tools of technocratic governance, is deeply implicated in the social production and distribution of risk and the role of machine learning in the production of risk must be considered as engineers and other technologists develop tools for the current crisis. This paper …

On The Classification Of Duality Webs For Graded Quivers, Sebastían Franco, Azeem Hasan, Xingyang Yu

Publications and Research

We study the m-graded quiver theories associated to CY (m+2)-folds and their order (m + 1) dualities. We investigate how monodromies give rise to mutation invariants, which in turn can be formulated as Diophantine equations characterizing the space of dual theories associated to a given geometry. We discuss these ideas in general and illustrate them in the case of orbifold theories. Interestingly, we observe that even in this simple context the corresponding Diophantine equations may admit an infinite number of seeds for m ≥ 2, which translates into an infinite number of disconnected duality webs. Finally, …

Analysis Of Adult Neural Retina Extracellular Vesicle Release, Rna Transport And Proteomic Cargo, Jason Mighty, Jing Zhou, Alberto Benito-Martin, Sami Sauma, Samer Hanna, Onyekwere Onwumere, Cui Shi, Martin Muntzel, Moira Sauane, Michael Young, Henrik Molina, Dianne Cox, Stephen Redenti

Publications and Research

PURPOSE. Extracellular vesicles (EVs) contain RNA and protein cargo reflective of the genotype and phenotype of the releasing cell of origin. Adult neural retina EV release, RNA transfer, and proteomic cargo are the focus of this study.

METHODS. Adult wild-type mouse retinae were cultured and released EV diameters and concentrations quantified using Nanosight. Immunogold transmission electron microscopy (TEM) was used to image EV ultrastructure and marker protein localization. Quantitative real-time polymerase chain reaction (qRT-PCR) was used to analyze retinal cell transcripts present in EVs. Super-resolution microscopy was used to image fluorescent (green) RNA and (red) lipid membrane labeled EVs, released …

"Lagrangian Disks" In M-Theory, Sebastián Franco, Sergei Gukov, Sangmin Lee, Rak-Kyeong Seong, James Sparks

Publications and Research

While the study of bordered (pseudo-)holomorphic curves with boundary on Lagrangian submanifolds has a long history, a similar problem that involves (special) Lagrangian submanifolds with boundary on complex surfaces appears to be largely overlooked in both physics and math literature. We relate this problem to geometry of coassociative submanifolds in G₂ holonomy spaces and to Spin(7) metrics on 8-manifolds with T² fibrations. As an application to physics, we propose a large class of brane models in type IIA string theory that generalize brane brick models on the one hand and 2d theories T[M₄] on …

A Tale Of Winglets: Evolution Of Flight Morphology In Stick Insects, Yu Zeng, Connor O'Malley, Sonal Singhal, Faszly Rahim, Sehoon Park, Xin Chen, Robert Dudley

Publications and Research

The evolutionary transition between winglessness and a full-winged morphology requires selective advantage for intermediate forms. Conversely, repeated secondary wing reductions among the pterygotes indicates relaxation of such selection. However, evolutionary trajectories of such transitions are not well-characterized. The stick insects (Phasmatodea) exhibit diverse wing sizes at both interspecific and intersexual levels, and thus provide a system for examining how selection on flight capability, along with other selective forces, drives the evolution of flight-related morphology. Here, we examine variation in relevant morphology for stick insects using data from 1,100+ individuals representing 765 species. Although wing size varies along a continuous spectrum, …

The Role Of Warm, Dry Summers And Variation In Snowpack On Phytoplankton Dynamics In Mountain Lakes, Isabella A. Olesky, Whitney S. Beck, Roderick W. Lammers, Cara E. Steger, Codie Wilson, Kyle R. Christianson, Kim Vincent, Gunnar Forrest Johnson, Pieter T.J. Johnson, Jill S. Baron

Geology Faculty Publications and Presentations

Climate change is altering biogeochemical, metabolic, and ecological functions in lakes across the globe. Historically, mountain lakes in temperate regions have been unproductive because of brief ice-free seasons, a snowmelt-driven hydrograph, cold temperatures, and steep topography with low vegetation and soil cover. We tested the relative importance of winter and summer weather, watershed characteristics, and water chemistry as drivers of phytoplankton dynamics. Using boosted regression tree models for 28 mountain lakes in Colorado, we examined regional, intraseasonal, and interannual drivers of variability in chlorophyll a as a proxy for lake phytoplankton. Phytoplankton biomass was inversely related to the maximum snow …

Risk Perception, Bias, And Resistance To New Food Tech: The Case Of Gmos, Michael David Wanlass

Agribusiness and Applied Economics

GMOs are very controversial among consumers. Many fear that they may have risks scientists are not accounting for. Some GMOs, such as GMO soybean oil, have concerns over their processing methods as well. Traditional risk assessments that only account for hazard do not take these fears into account. Including risk perception, bias, and resistance is a way to account for consumers’ fears. Risk perception, bias, and resistance together create an aggregate that in turn affects willingness-to-purchase. A discrete choice experiment assessed risk perception of, bias towards, and resistance towards GMOs. Respondents revealed their preferences between buying GMO or non-GMO soybean …

The Many-Minded Man: The Odyssey, Psychology, And The Therapy Of Epic, Joel Christensen

Publications and Research

In The Many-Minded Man, Joel Christensen explores the content, character, and structure of the Homeric Odyssey through a modern psychological lens, focusing on how the epic both represents the workings of the human mind and provides for its audiences—both ancient and modern—a therapeutic model for coping with the exigencies of chance and fate. By reading the Odyssey as an exploration of the constitutive elements of human identity, the function of narrative in defining the self, and the interaction between the individual and their social context, The Many-Minded Man addresses enduring questions about the poem, such as the importance of …

Homer’S Thebes: Epic Rivalries And The Appropriation Of Mythical Pasts, Elton T. E. Barker, Joel P. Christensen

Publications and Research

Homer’s Iliad and Odyssey are the only early Greek heroic epics to have survived the transition to writing, even though extant evidence indicates that they emerged from a thriving oral culture. Among the missing are the songs of Boeotian Thebes.

Homer’s Thebes examines moments in the Iliad and Odyssey where Theban characters and thematic engagements come to the fore. Rather than sifting through these appearances to reconstruct lost poems, Elton Barker and Joel Christensen argue that the Homeric poems borrow heroes from Thebes to address key ideas—about politics, time, and genre—that set out the unique superiority of these texts in …