Digital Commons Network^™

Civil Liability For Encouraging Bad Behavior: From Cheering At A Gang Rape To Promoting Opioid Abuse, James A. Henderson Jr.

Florida Law Review

This Article examines the civil liability of actors who encourage others to behave badly, thereby causing harm. The analysis distinguishes between individual encouragers and business-entity encouragers. Individuals most often intend for the bad behaviors and the consequential harms to occur—witness cheerleaders at a gang rape. This Article advocates stern treatment of such mean-spirited malcontents. On the one hand, if their encouragement is a but-for condition of the others’ harm causing bad behavior, they should be subject to liability based on traditional intentional tort. On the other hand, if their encouragement is not a but-for condition, this essay proposes an exception …

The Appearance Of Professionalism, Elizabeth B. Cooper

Florida Law Review

The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, religiously observant persons, and those who inhabit intersectional identities are among those who disproportionately remain excluded from the dominant culture and centers of power in the legal profession.

Expectations of appearance conformity create profound concerns that go well beyond style preferences, raising questions of autonomy and …

Vertical Mergers And Entrepreneurial Exit, D. Daniel Sokol

Florida Law Review

The idea that tech companies should be permitted to acquire nascent start-ups is under attack from antitrust populists. Yet, this debate on vertical mergers has overlooked important empirical contributions regarding innovation-related mergers in the strategy literature. This Article explores the extant empirical strategy literature, which generally identifies a procompetitive basis that supports vertical mergers as efficiency enhancing. This literature solidifies the current general vertical merger presumption that favors a procompetitive vertical merger policy for purposes of government merger enforcement. However, the procompetitive benefit for a presumption of merger approval for most vertical mergers does not end with the synthesis of …

A Threat Assessment Framework For Lone-Actor Terrorists, Melissa Hamilton

Florida Law Review

Lone-actor terrorist attacks are on the rise in the Western world in terms of numbers and severity. Public officials are eager for an evidence-based tool to assess the risk that individuals pose for terroristic involvement. Yet actuarial models of risk validated for ordinary criminal violence are unsuitable to terrorism. Lone-actor terrorists vary dramatically in their socio-psychological profiles and the base rate of terrorism is too low for actuarial modeling to achieve statistical significance. This Article proposes a new conceptual model for the terroristic threat assessment of individuals. Unlike risk assessment that is founded upon numerical probabilities, this threat assessment considers …

Gps And Cell Phone Tracking Of Employees, Marc Chase Mcallister

Florida Law Review

This Article examines employee location tracking through smart phone apps and GPS devices attached to or embedded within an employee’s personal or company vehicle. For each form of tracking, this Article provides separate frameworks for employers to follow when conducting individual employee misconduct investigations and when tracking an entire group of employees for non-investigatory purposes. Beginning with GPS tracking for individual misconduct investigations, this Article contends that such tracking should be used only as a means to corroborate evidence that an employee has committed a terminable offense, that an employer may resort to this technique only after alternative investigative methods …

The Scope Of Ipr Estoppel: A Statutory, Historical, And Normative Analysis, Christa J. Laser

Florida Law Review

When Congress implemented inter partes review (IPR) and other patent post-grant proceedings through the passage of the America Invents Act (AIA) in 2011, it provided that petitioners would be estopped in later proceedings from raising grounds for invalidity that they “raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § 315(e)(2). However, substantial uncertainty in interpretation of this provision causes an enormous impact on an accused patent infringer’s decision of whether and on what grounds to petition for review. One reading of the statutory estoppel provision suggests that “during that inter partes review” refers to the …

The Fourth Amendment, Dark Web Drug Dealers, And The Opioid Crisis, Katharine Stewart

Florida Law Review

This Note addresses whether people who use criminal aliases to send drugs through the mail should retain their Fourth Amendment rights in those packages. While several circuit courts have identified this as an issue, none have resolved it. One district court has been able to conclude, unquestioned by the higher courts, that such people do not retain their Fourth Amendment rights in the packages. This Note disagrees: People who send drugs through the mail using criminal aliases have Fourth Amendment rights in those packages. Because of the growing opioid crisis in the United States, a crisis fueled in part by …

Can The State Proclaim Life After Death? Hellerstedt And Regulating The Disposition Of Fetal Remains, Thomas J. Molony

Florida Law Review

The United States Supreme Court dealt a significant blow to abortion opponents in Whole Woman’s Health v. Hellerstedt, but the 2016 ruling did not dampen their resolve. Just days after Texas lost the Hellerstedt battle, the Texas Department of State Health Services (DSHS) returned to the fight and proposed regulations requiring health care facilities to inter or cremate the remains of aborted and miscarried fetuses. Undeterred by a preliminary injunction entered against those regulations once they became final, the Texas legislature enacted a law with similar effect in June 2017.

The Texas law, however, proved to be good ground …

Coordinating Community Reintegration Services For “Deportable Alien” Defendants: A Moral And Financial Imperative, Amy F. Kimpel

Florida Law Review

Recidivism rates for individuals who are convicted of illegal entry and re-entry (U.S.C. §§ 1325 and 1326) are quite high despite post-sentencing deportations. The “holistic defense” model developed in New York City at the Neighborhood Defender Services and Bronx Defenders has been instrumental in achieving better outcomes for criminal defendants and their communities, in large part due to an emphasis on re-entry or reintegration services for defendants being released from incarceration. However, that model is difficult to implement when applied to noncitizen defendants who are to be deported. This Article argues that some attention to re-entry services for deportable non-citizen …

Disruptive Philanthropy: Chan-Zuckerberg, The Limited Liability Company, And The Millionaire Next Door, Dana Brakman Reiser

Florida Law Review

Facebook founder Mark Zuckerberg and his wife, Dr. Priscilla Chan, have pledged to give 99% of their net worth to—in their words—“advance[e] human potential and promot[e] equal opportunity.” To make good on this promise, however, they did not set up a traditional nonprofit, tax-exempt organization. Instead, they founded the Chan-Zuckerberg Initiative, a limited liability company (LLC). The bulk of this Article provides the definitive explanation for this seemingly bizarre choice. Importantly, the philanthropy LLC structure offers donors the flexibility to bolster charitable grantmaking with impact investment and political advocacy, free of the restrictions, penalties, and transparency requirements applied to tax-exempt …

Considerations For Small Libraries In Adopting Virtual Reality Technology For Medical Education, Rachel Walden, Emily Weyant, Matthew Carroll

Southern Chapter/Medical Library Association Annual Conference

Objective: Describe considerations for small libraries considering the adoption of virtual reality technology as a resource for health sciences education.

Methods: A small academic medical library obtained grant funding to implement a virtual reality pilot project to support anatomy coursework.

Results: Observations were made related to the technology selection and purchasing process, space and safety requirements for implementing VR, student patterns of use, supplementary VR programs of interest to medical students (including gaming and meditation programs for stress relief), and staffing/scheduling/maintenance of the system.

Conclusions: Virtual reality technology is compelling for medical education; implementation resulted in increasing the library’s engagement …

The Path Forward: Using Canvas Commons For Online Information Literacy Instruction In The Health Sciences, Candace Vance, Katherine Farmer, Jeffrey Henry, Dana Statton Thompson, Megan Wilson

Southern Chapter/Medical Library Association Annual Conference

Question: How can we improve the delivery of information literacy instruction in the health sciences in a virtual environment? This paper examines the integration of Canvas Commons Modules to provide downloadable, open-access information literacy tutorials for students across various disciplines, including the health sciences.

Setting/Participants/Resources: The Murray State University Libraries and multiple disciplines, including Nursing and Communication Disorders.

Brief Description: As higher education offers more online courses, addressing virtual learners’ information literacy needs has become critical. The modules were originally created in Fall, 2019 as an additional mode of instruction and an online substitute for in-person information literacy instruction sessions …

Differential Lead Accumulation In Brassica Juncea, Brassica Rapa, And Lactuca Sativa And Evaluation Of Ground Level Barriers To Prevent Lead Contamination Of Produce Grown In Raised Beds, Celine Vera Richard

LSU Master's Theses

High lead (Pb) contamination of soils is a threat to human health. Urban area soils are frequently contaminated with lead from settling of gasoline exhaust, brake dust, and lead paint on homes, old playground equipment, etc. Exposure to soil-lead occurs by ingestion or inhalation and poses an elevated risk for young children. Indirect ingestion can occur through the food chain through activities such as growing certain vegetables with an ability to tolerate and accumulate lead in edible tissues. Many university extension systems recommend growing vegetables in raised beds as a reasonable reduced risk option for avoiding lead accumulation in garden …

Conservation Easement Landowners’ Willingness To Thin The Forest: A Contingent Valuation Approach, Ana Lucia Gutierrez Castillo

LSU Master's Theses

After being subject to several decades of degradation, the bottomland hardwood (BLH) forests within the Lower Mississippi Alluvial Valley (LMAV) have undergone landscape-scale restoration regimes through conservation easement programs, such as the Wetland Reserve Program (WRP) and now the Agricultural Conservation Easement Program-Wetland Reserve Easement (ACEP-WRE). Reforested easements now require landowners' adoption of forest management practices to fulfill the program's long-term conservation goals and ecosystem services thresholds. Using a contingent valuation (CV) approach, we examine easement landowners' willingness to accept (WTA) to thin their forested easement to enhance forest health and wildlife habitat quality. Results from an interval regression model …

The Effects Of Health-Based Wellness Programs On Employee Productivity, Brittany Holcomb

The Corinthian

Purpose: Stress is an inevitable part of an employee’s life. A majority of employees do not know how to properly handle stress and keep it under control. Having high level of occupational stress can lead to detrimental physical habits, such as poor nutrition, smoking, a sedentary lifestyle and substance consumption. The purpose of this study will be to take an in depth look into how employees take advantage of wellness programs offered to them, whether or not these programs have a direct impact on productivity and the levels of employees that take advantage the programs. Methods: Participants of the study …

Long-Term Outcomes Of Chronic, Recreational Marijuana Use, Celia G. Imhoff

The Corinthian

As numerous variations of cannabis become increasingly legalized in the United States, a growing body of research is emerging that reveals the adverse effects of chronic, recreational, and long-term marijuana use on human mental, emotional, and social development, general cognition, and academic and career performance. Marijuana is the most commonly used illicit drug in the nation and its potency continues to rise (Atkinson, 2016; Beaver, 2010; Gilman, 2015). Addiction scientists have found an association between chronic cannabis use and slowed neurocognitive function and information processing, measurable deficits in memory, learning, motivation, attention, persistent irritability, paranoia, insomnia, anxiety disorders, depression, general …

Promoting A Culture Of Wellness Among Employees On A College Campus: Increasing Employee Usage Of A Campus Wellness And Recreation Center, Kevin Hunt, Candice Griffeth

The Corinthian

PURPOSE: The purpose of this study was to identify and analyze environmental, behavioral and logistical factors that affect employee usage of a campus Wellness and Recreation Center (WRC), in order to design a logistically and conceptually sound intervention action plan that effectively promotes a culture of wellness on campus among employees. METHODS: An electronic survey was disseminated through the Qualtrics platform to campus faculty and staff, assessing employee demographic information; fitness levels; WRC membership status; satisfaction levels of WRC or off-campus wellness facilities; and impressions of potential WRC recruitment incentives. RESULTS: Employee response rates were observed at thirteen percent of …

Sex Education In The United States: Implications For Sexual Health And Health Policy, Eliana R. Johnson

The Corinthian

There is much disagreement over what constitutes effective sex education in the United States. There are several reasons why America’s sex education system is outdated and problematic. First, it often advocates only for abstinence, which leaves people unprepared and unable to protect themselves if/when they choose to have sex, leading to higher rates of unintended pregnancies, abortions, and sexually transmitted infections in the U.S. than in any other developed nation in the world. In addition, the culture of fear surrounding sex education leads to negative attitudes among young people about sex. This can not only cause sexual dysfunction and strife …

Effect Of An Intervention To Improve Smoking Cessation Treatment In A Federally Qualified Healthcare Clinic, Shirley A. Camp

The Corinthian

Abstract

Significant progress has been made in the reduction of tobacco use in the United States, but the smoking prevalence among the socially and economically disadvantaged populations (i.e. individuals who are homeless, uninsured, LGBT, and living with HIV) is significantly higher than the general population (CDC, 2018b). As a result, these vulnerable populations carry a disproportionate burden of tobacco-related mortality and morbidity (CDC, 2018b). There is a cost-effective and evidence-based treatment for tobacco use dependence (Fiore et al, 2008), but the delivery by primary care providers to this population is inconsistent (Tyman, Bonevski, Paul, & Bryant, 2014). This study focused …

Implementing The Heart Score Guideline To Decrease Length Of Stay In Low-Risk Chest Pain Patients In A Rural Hospital, Tonja D. Walker

The Corinthian

Abstract

This quality improvement (QI) project evaluated the length of stay (LOS) of low-risk chest pain (CP) patients in a rural hospital. A convenience sample of emergency department (ED) physicians and non-physician providers ages 18-75 employed at Navicent Health Baldwin were eligible for recruitment. Pre- and post-surveys were used to evaluate to evaluate ED providers’ knowledge of low-risk chest pain metrics for statistical significance and a comparison of LOS for low-risk chest pain patients was compared for clinical and statistical significance seen at the facility. The mean scores of eight items on the postintervention to preintervention knowledge survey were identical. …

Increasing Antibiotic Resistance In Shigella Bacteria In The United States, William J. Pharr

The Corinthian

Shigella bacteria cause half a million infections, 6,000 hospitalizations, and 70 deaths annually in the United States. These bacteria are of particular concern due to their high survivability, low infectious dose, and high adaptability. Cases of shigellosis from Shigella sonnei are becoming a more prevalent issue in the U.S. as the bacteria continues to develop higher resistance to today’s strongest antibiotics. Much of this resistance is connected to the exchange of genes between strains of Shigella due to insertion sequences (IS), intercontinental travel, and men who have sex with men (MSM). As a result of increased resistance, the use of …

Experiences Of Transgender Men Who Joined National Pan-Hellenic Council Sororities Pre-Transition, Sydney Epps

LSU Doctoral Dissertations

The National Pan-Hellenic Council (NPHC) - affectionately known as The Divine Nine - are places of support and leadership development for students. However, these groups espouse traditional gender role themes that align with sexual orientation and gender rigidity. This paper explores how four NPHC members negotiate their identity as both nonbinary or transgender, and Greek. Using the narrative inquiry approach, the researcher will explore how sorority members who no longer identify as cisgender women are treated post-gender transition by other sorority members.

Military Applications Of Nanotechnology, Alejandro Molestina, Karthik Raja Ravichandran, Michael N. Welleck

Student Papers in Public Policy

Over the past few decades technology has advanced significantly to better meet the needs of people who use them. The very first computer required a whole room and a significant amount of electrical power to make it work. The layperson now has access to technology that is more advanced than the onboard computer of the Mars rover and it is only the size of their hand. We have the capabilities to engineer components at the scale of a nanometer and they can contribute to more advances in technology. The applications of nanotechnology are vast, but one of the areas in …

Demystifying Artificial Intelligence Based Digital Twins In Manufacturing- A Bibliometric Analysis Of Trends And Techniques, Satish Kumar, Shruti Patil, Arunkumar Bongale, Ketan Kotecha, Anup Kumar M. Bongale, Pooja Kamat

Library Philosophy and Practice (e-journal)

Nowadays, data is considered as a new life force for operations of physical systems in various domains such as manufacturing, healthcare, transportations, etc. However, the hugely generated data, which mirrors the working essence of the product life cycle, is still underutilised. Digital Twin (DT), a collective representation of active and passive captured data, is a virtual counterpart of the physical resources that could help prevent effective preventive maintenance in any applied domain. Currently, lots of research is going on about the applicability of digital twin in smart IOT based manufacturing industry 4.0 environment. Still, it lacks a formal study, which …

Review Of Leading And Managing Archives And Manuscripts Program, Rory Grennan

Journal of Contemporary Archival Studies

Review of Leading and Managing Archives and Manuscripts Programs, edited by Peter Gottlieb and David W. Carmichael, examining the main topics of leadership and management of people in archival programs, its place in the archival literature, and its potential audience.

Vegetarian And Vegan Eating Patterns, Jamie Baum

Diet, Food, Exercise, and Nutrition (D-FEND)

Objectives:

Different types of vegetarian diets.

Identifying challenges vegetarians may experience

Protein complementation

Compare and contrast the dietary recommendations

November 20, 2020: Covid-19 Campus Update, Kettering University

Communication Updates

As we approach the Thanksgiving holiday, we want to encourage everyone to be very cautious so as to safely celebrate with loved ones. Stay safe and informed not just for the well-being of your friends and families, but also for our campus community upon your return. This means all of us continuing to practice social distancing, properly wearing a face mask and washing our hands often.

2020-11-20_Michigandaily_Covidmap, Michigan Department Of Health & Human Services

Daily Michigan COVID-19 Update

The "WHERE WE STAND WITH COVID-19" map was obtained from Michigan's main COVID-19 page: https://www.michigan.gov/coronavirus. Data was compiled by the Michigan Department of Health and Human Services (MDHHS). The information was updated daily at 3p.m., Monday - Saturday.

The State of Michigan is working around the clock to test and treat COVID-19 patients. Below is the most recent data healthcare experts across the state have compiled.

The image contained a map, indicating total cases by county, and also provides statistics on Total Confirmed Cases, Total COVID-19 Deaths, Daily Confirmed Cases, and Daily COVID-19 Deaths. There …

40 Update: Draft Course Guidelines Presented To Senate 11-9-20, University Of Northern Iowa. General Education Re-Envisioning Committee.

General Education Re-envisioning Committee Documents

A draft of guidelines for course proposals to be considered for addition to the new general education program. The guidelines include what student learning outcomes should be covered by the course for every category.

Using Frap Mixed Methodology To Identify Multi-Level Policy Levers That Could Improve Cervical Cancer Disparities In Us Hispanic Women, Autumn Kieber-Emmons Md, Mph, William L. Miller Md, Ma, Benjamin F. Crabtree Phd

Department of Family Medicine

No abstract provided.