Digital Commons Network^™

Copyright Exceptions Across Borders: Implementing The Marrakesh Treaty, Laurence R. Helfer, Molly K. Land, Ruth L. Okediji

Faculty Scholarship

This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other contexts.

Designing Business Forms To Pursue Social Goals, Ofer Eldar

Faculty Scholarship

The long-standing debate about the purpose and role of business firms has recently regained momentum. Business firms face growing pressure to pursue social goals and benefit corporation statutes proliferate across many U.S. states. This trend is largely based on the idea that firms increase long-term shareholder value when they contribute (or appear to contribute) to society. Contrary to this trend, this Article argues that the pressing issue is whether policies to create social impact actually generate value for third-party beneficiaries—rather than for shareholders. Because it is difficult to measure social impact with precision, the design of legal forms for firms …

The Enhanced Danger Of Physicians’ Off-Label Prescribing, Doriane Lambelet Coleman, Philip M. Rosoff

Faculty Scholarship

The COVID-19 pandemic represents a major challenge to both technologically advanced and resource-poor countries. There are currently no effective treatments for severe disease other than supportive care and advanced life support measures, including the use of mechanical ventilators. With the urgency and necessity bred from desperation, there have been many calls to utilize unproven therapies, such as hydroxychloroquine, for which little evidence of efficacy exists. We have previously argued that such off-label use, while legal, is problematic (and even dangerous) and have suggested several regulatory remedies that could protect patients and advance their interests while preserving the reasonable authority of …

The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens

Faculty Scholarship

This article examines a January 1888 letter to U.S. Supreme Court Chief Justice Morrison Waite from Associate Justice Stanley Matthews. Justice Matthews requested time away from the notoriously overworked Court’s session in order to attend the funeral of Dr. Peter Parker, renowned medical missionary and diplomat. The piece presents biographical sketches of Justice Matthews and Dr. Parker, and considers the historical context of the potential absence on the late nineteenth-century Court’s operations.

Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar

Faculty Scholarship

A key question at the intersection of state and federal law is whether corporations can use their charters or bylaws to restrict securities litigation to federal court. In December 2018, the Delaware Chancery Court answered this question in the negative in the landmark decision Sciabacucchi v. Salzberg. The court invalidated “federal forum provisions” (“FFPs”) that allow companies to select federal district courts as the exclusive venue for claims brought under the Securities Act of 1933 (“1933 Act”). The decision held that the internal affairs doctrine, which is the bedrock of U.S. corporate law, does not permit charter and bylaw provisions …

The Law Of Corporate Investigations And The Global Expansion Of Corporate Criminal Enforcement, Jennifer Arlen, Samuel W. Buell

Faculty Scholarship

The United States model of corporate crime control, developed over the last two decades, couples a broad rule of corporate criminal liability with a practice of reducing sanctions, and often withholding conviction, for firms that assist enforcement authorities by detecting, reporting, and helping prove criminal violations. This model, while subject to skepticism and critiques, has attracted interest among reformers in overseas nations that have sought to increase the frequency and size of their enforcement actions. In both the U.S. and abroad, insufficient attention has been paid to how laws controlling the conduct of corporate investigations are critical to regimes of …

Reconciling Environmental Justice With Climate Change Mitigation: A Case Study Of Nc Swine Cafos, D. Lee Miller, Ryke Longest

Faculty Scholarship

For thirty years, the swine industry has externalized severe environmental and health harms onto poor communities of color in Eastern North Carolina. This “Big Pig” problem is caused by the confinement, consolidation, and concentration of industrial hog operations within the low, flat, and economically marginalized Coastal Plain. Big Pig’s rise was not inevitable. As recently as 1982, more than 11,000 small swine farms freckled nearly all of North Carolina’s 100 counties. Then came the “boom” of consolidation and industrialization that transformed hog production into a highly consolidated and vertically integrated industry.

Never Waste A Crisis: Anticorruption Reforms In South America, Rachel Brewster, Andres Ortiz

Faculty Scholarship

In the midst of dramatic corruption scandals, South American countries have passed some of the most noteworthy anticorruption legislation in the region’s history. This Article examines the wave of anticorruption reforms and how international law, and in particular anticorruption treaties, has had an important influence on the content of these reforms. Specifically, this Article argues that that the OECD Anti-Bribery Working Group has acted as a political entrepreneur, advocating for specific and meaningful reforms. The influence of international law was critical in ensuring that the reforms adopted during these corruption scandals were robust and that the opportunity presented by these …

Genetic Race? Dna Ancestry Tests, Racial Identity, And The Law, Trina Jones, Jessica L. Roberts

Faculty Scholarship

Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use genetic ancestry in determining race. In this Essay, we examine the ways in which DNA ancestry tests may affect contemporary understandings of racial identity. We argue that these tests are poor proxies for race because they fail to reflect the social, cultural, relational, and experiential norms …

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah Britton-Purdy

Faculty Scholarship

We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it …

Tax Law’S Workplace Shift, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

In December 2017, Congress passed major tax reform. The reform included an important new provision that granted independent contractors and other pass-through taxpayers—but not employees or corporations—a potential tax deduction equal to 20% of their qualified business income. Critics have argued that this new deduction (codified at 26 U.S.C. § 199A) could lead to a widespread shift toward independent contractor jobs as workers seek to reduce taxes paid. This shift could cause workers to lose important employee protections and leave them more economically vulnerable.

This Article examines whether this new tax provision will create a large-scale workplace shift and, if …

Mibig 2.0: A Repository For Biosynthetic Gene Clusters Of Known Function, Satria A. Kautsar, Kai Blin, Simon Shaw, Jorge C. Navarro-Munoz, Louise K. Charkoudian, Samuel C. Epstein '19, Ashley C. Sisto '20

Chemistry Faculty Scholarship

No abstract provided.

A Crucial Role For The Protein Quality Control System In Motor Neuron Diseases., Riccardo Cristofani, Valeria Crippa, Maria Elena Cicardi, Barbara Tedesco, Veronica Ferrari, Marta Chierichetti, Elena Casarotto, Margherita Piccolella, Elio Messi, Mariarita Galbiati, Paola Rusmini, Angelo Poletti

Department of Neuroscience Faculty Papers

Motor neuron diseases (MNDs) are fatal diseases characterized by loss of motor neurons in the brain cortex, in the bulbar region, and/or in the anterior horns of the spinal cord. While generally sporadic, inherited forms linked to mutant genes encoding altered RNA/protein products have also been described. Several different mechanisms have been found altered or dysfunctional in MNDs, like the protein quality control (PQC) system. In this review, we will discuss how the PQC system is affected in two MNDs-spinal and bulbar muscular atrophy (SBMA) and amyotrophic lateral sclerosis (ALS)-and how this affects the clearance of aberrantly folded proteins, which …

Identifying Protective Factors To Early Suicide Markers: The Buffering Effects Of Savoring And Resilience, Matthew Miceli

College of Graduate Studies: Theses & Dissertations

Suicide continues to be one of the leading causes of death in the United States, which highlights the need for researchers to identify protective models through longitudinal designs (Centers for Disease Control and Prevention [CDC], 2019). Importantly, suicide prevention strategies are more efficacious when they target early indicators of suicide and consider risk and protective factors. Desire for death, the combination of thwarted belongingness and perceived burdensomeness proposed by the interpersonal-psychological theory of suicidal behavior (Van Orden et al., 2008), is one such early marker of suicidal behavior. A protect factor is methodologically defined as one that demonstrates an inverse …

Virtual Criminal Courts, Deniz Ariturk, William E. Crozier, Brandon L. Garrett

Faculty Scholarship

Criminal courtrooms are among many workplaces to shut down and adopt virtual operations in response to the coronavirus pandemic. As criminal courts around the United States suspended in-person proceedings, virtual hearings, where parties appear through videoconference or teleconference technology, have allowed courts to remain in session while reducing the danger to public health. Courts at all levels, from small municipal courts to the U.S. Supreme Court, have been hearing arguments remotely. In 38 states, as well as the District of Columbia and Puerto Rico, courts have either mandated or encouraged the use of virtual hearings when appropriate. Federal courts …

Congress Must Provide Real Aid To People In The Next Stimulus Package, Pamela Foohey, Sara Sternberg Greene

Faculty Scholarship

No abstract provided.

Interbranch Information Sharing: Examining The Statutory Opinion Transmission Project, Marin K. Levy, Tejas N. Narechania

Faculty Scholarship

No abstract provided.

The Effectiveness Of Kinesiotaping For Patients With Fractured Ribs: A Single-Subject Experimental Design, Simone Dafoe, Leigh Rushworth, Kathy Stiller

Internet Journal of Allied Health Sciences and Practice

Purpose: Kinesiotape is an elastic, adhesive tape applied to the skin that has been used extensively to reduce pain associated with various musculoskeletal conditions. Its use in the setting of fractured ribs is less clear. The aim of this preliminary study was to investigate the effect of kinesiotaping for patients with rib fracture(s) on pain levels, pulmonary function, and mobility. Method: We prospectively evaluated five patients admitted with fractured ribs using a single-subject experimental ABAB design. Each phase lasted 24 hours with kinesiotape applied during B phases. All participants received usual medical, nursing, and allied health care. Outcome measures included …

Athletic Training Assessment Of Knowledge Inconsistent With Perceptions Of Knowledge Needs: Part Ii, Jessica R. Edler, Lindsey E. Eberman

Internet Journal of Allied Health Sciences and Practice

Purpose: Continuing education (CE) is intended to promote continued competence beyond the level required for entry-level practice. Previous research suggests that athletic trainers are unable to identify their knowledge gaps regarding their clinical practice. The purpose of this research study was to determine if athletic trainers’ perceived need for CE aligns with their performance on an actual knowledge assessment. Method: We used a correlational design conducted on Qualtrics, a web-based platform. Four hundred, forty-four (444) athletic trainers completed all the CE Needs Assessment and over 60% of the athletic training assessment of knowledge. The CE Needs Assessment determined participant’s perceived …

Educational Perspectives: Integrating A Student Post-Stroke Clinic Within A First-Year Occupational Therapy Kinesiology Course, Mark Blanchard, Barbara M. Doucet

Internet Journal of Allied Health Sciences and Practice

ABSTRACT
Purpose: In many occupational therapy graduate programs, student experiences with actual patient evaluation and intervention typically occur following several semesters of didactic instruction. We explored the impact of an early immersive and reflective hands-on patient experience on student learning and clinical skill development. Method: Following participation in five task-specific occupational therapy clinical sessions that were embedded into an applied kinesiology course, students performed reflections on the experience. These reflections included thoughts on kinesiology course content and clinical skill development through patient sessions over the semester. Results: A qualitative thematic analysis of student reflections was conducted. Findings reflected …

Impact Of An Interprofessional Education Quality Of Life Forum On Students’ Perceptions And Commitment To Addressing Local Health Disparities And The Social Determinants Of Health, Jamie Bayliss, Erin Hofmeyer, Bc Charles-Liscombe, Kristin Clephane, Sandra Matthias, Donna Glankler, Nicole Harshbarger

Internet Journal of Allied Health Sciences and Practice

ABSTRACT

Purpose: Healthcare providers and educational programs share a challenge where limited resources make interprofessional education (IPE) and collaboration difficult. The purpose of this research was to investigate the impact of IPE, specifically The Greater Cincinnati Quality of Life Forum within the School of Health Science at Mount St. Joseph University, on students’ perceptions of communication skills, collaboration, and values of interprofessional practice as they relate to emergent topics within the community and healthcare. Methods: Consenting participants completed an electronic survey with five reflection questions. Qualitative assessment included analysis of text for emergent themes. Results: Four themes evolved impacting future …

Physician Assistants’ Views Of Direct-To-Consumer Advertising Effects During Patient Encounters, Anna A. Filipova

Internet Journal of Allied Health Sciences and Practice

Purpose: Direct-to-consumer advertising (DTCA) has become an important tool for disseminating drug information that directly impacts the patients and providers in the delivery of health care. Limited research shows that DTCA has both benefits and drawbacks that impact public health. However, there is a paucity of empirical evidence of the effects of DTCA information discussed during an office visit from the perspective of physician assistants. The purpose of the study was to examine physician assistants’ general views of DTCA benefits and drawbacks, as well as the effects DTCA information discussed during patient encounters on physician assistant-patient relationship, physician assistants’ prescriptive …

A Survey To Guide The Emerging Role Of Allied Health Teams In A Regional Tertiary Hospital Emergency Department, Bede M. Ashley, Tilley Pain, Heidi Clark, Ellen O'Connor, Liana Schnierer, Kathryn Laspina, Meghan E. Fitzpatrick

Internet Journal of Allied Health Sciences and Practice

ABSTRACT

Purpose: A multidisciplinary allied health team has worked in The Townsville Hospital Emergency Department for seven years. Patients are referred to the allied health team by medical and nursing staff with the aim of reducing patient admission and improving patient outcomes. However, the type and number of referrals received by the allied health team suggest there is a lack of detailed interdisciplinary knowledge by the referrers. Therefore, the Emergency Department Allied Health Team surveyed other emergency department health professionals to ascertain their knowledge of allied health roles. The results will be used to develop education sessions to fill …

Transforming Through Reflection: Use Of Student-Led Reflections In The Development Of Intercultural Competence During A Short-Term International Immersion Experience, Diane Ceo-Difrancesco, Leah S. Dunn, Nathalie Solorio

Internet Journal of Allied Health Sciences and Practice

ABSTRACT

Purpose: Curricular integration designed to include cultural competence standards for health care professionals is paramount to preparing students to meet the needs of a growing diverse population in the U.S. The purpose of this research is to examine the cultural competency development of occupational therapy students, and to report on their reflections and perspectives during a two-week immersive and service-learning experience in Guatemala. Methods: As intercultural competence is a highly personal trait, the study used a descriptive qualitative research design gaining participants’ perspectives of the short-term international immersion experience through student-led reflective focus groups, using an open discussion format, …

Feasibility Of A Readiness Exam For Predicting Radiography Program Success: A Pilot Study, Tammy L. Webster, Sarah B. Mcbrien, Gregory M. Mehrer, Harlan R. Sayles

Internet Journal of Allied Health Sciences and Practice

ABSTRACT

Background: Research investigating predictors of academic success in rigorous health science education is valuable for curricular intervention for identified at-risk students. Various predictors of success have been investigated, but the literature is insufficient when examining anatomy and physiology readiness scores as they correlate to radiography curricular success. This pilot study assessed the correlation between readiness exam scores and programmatic course GPA to determine if the scores could be used as a metric for identifying academic success resources for incoming students. Cohorts of the radiography program at a midwestern health sciences center demonstrated a longitudinal trend of difficulty with anatomy …

Weight Changes Post-Phentermine Use, Cassandra S. Towns, Roschelle A. Heuberger, Jack Logomarsino, Arturo Olivera Jr.

Internet Journal of Allied Health Sciences and Practice

Purpose: Evaluate weight maintenance in subjects who lost weight while taking phentermine (PTM). Methods: This study was conducted by utilizing a validated survey to collect self-reported data about weight changes post-PTM use. The survey was sent to 19,986 email addresses of current and former patients of a PTM-based outpatient clinic, located in Chicago, IL; 546 participants completed the survey. Results were analyzed using a variety of techniques. Results: At the time of the survey, 42% of responders maintained all the weight lost while on PTM, and 25.2% had maintained a weight loss of at least 10% of their body weight. …

The Effect Of Extraversion On Practical Examination Scores In Students Of Physical Therapy, Scott Richardson, Zachary Zemanek, Travis Downen, Chantsen Rich, Nate Weltzin

Internet Journal of Allied Health Sciences and Practice

Purpose: The purpose of this study was to determine whether a physical therapy student’s level of extraversion positively correlates to practical exam scores. Methods: Participants were a convenience sample recruited from the classes of 2018 and 2019 in the Doctor of Physical Therapy program at Franklin Pierce University in Goodyear, Arizona. Subjects completed the Goldberg’s Big-Five Factor Marker questionnaire as a measure of introversion/extraversion. These scores were compared with participants’ practical exam scores using a Spearman Rho statistical test with data analysis completed using SPSS software. Results: 60 participants (31 males, 29 females) with mean extraversion score (32.97+/-7.90, p=.27) and …

Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz

Faculty Scholarship

This Article addresses a topic at the intersection of finance, agency, contract, and trust law: the pre-default duties of an indenture trustee for bondholders. The existing scholarship on indenture trustee duties focuses on the post-default scenario, when the indenture trustee is required to act as a prudent person in like circumstances on behalf of the bondholders. No prior scholarship addresses an indenture trustee’s predefault duties. It is critical to try to define those duties because activist investors in the $42-trillion-plus bond market increasingly are making pre-default demands on indenture trustees, requiring them to know how to respond.

Comparing The Perceptions Of Interprofessional Socialization Among Health Profession Students, Karen Aul, Jody Long

Internet Journal of Allied Health Sciences and Practice

Introduction: Based on a review of literature, there is a gap of knowledge on how students perceive the professional roles and responsibilities of other disciplines. The purpose of this study was to explore the perceptions of interprofessional socialization among health profession students. Subjects: Participants included 300 undergraduate and 114 graduate students from eight health disciplines: nursing, communication disorders, physical therapy, social work, radiological science, occupational therapy, clinical lab science, and nutritional science. Methods: Data were collected using the Interprofessional Socialization and Valuing Scale (ISVS-21). The participants rated 21 items about their beliefs, behaviors, and attitudes of interprofessional socialization on a …

Allied Health Professionals Experience Of Supervising Allied Health Assistants. A Mixed Method Study., Patrick F. Brown, Sue Fitzpatrick, Rowena Hockings

Internet Journal of Allied Health Sciences and Practice

Purpose: The aim of this paper is to quantify time spent by allied health professionals in allied health assistant supervision and to explore allied health assistant supervision from an allied health professional perspective. Method: A convergent parallel mixed method design was used. Forty-seven allied health professionals were surveyed, and 18 allied health professionals participated in focus groups, providing different but complementary data with the aim of gaining a more complete understanding of allied health assistant supervision load. Results: Allied health professionals report spending 10% of their workday supervising allied health assistants. Descriptive interpretation of the focus group data presents evidence …