Digital Commons Network^™

Conceptualizing Appealability: Resisting The Supreme Court's Categorical Imperative, Richard L. Heppner Jr.

Law Faculty Publications

This paper draws on insights from cognitive psychology to understand how courts conceive of categories of orders. Cognitive psychologists have shown that people understand the world using not only "classical categories" based on logical definitions, but also "conceptual categories" based on fuzzier, intuitive concepts of similarity and typicality. This paper approaches appealability as a two-step process-first, categorizing the order and, second, applying the appropriate doctrine. Previous interventions have focused on whether different doctrines use rules or standards at the second step. This paper focuses on the initial categorization step.

This paper makes two contributions to the study of federal appealability. …

Child Competency And A Science-Based Approach To A Right To Counsel For Children In Immigration Proceedings, Angelica M. Mercado

Student Works

No abstract provided.

All Of Me, Saves All Of You: A New Approach To Organ Donation By The Imminently Dying And Consenting Individual, Vanessa Pinto

Student Works

No abstract provided.

The Value Of Your Last Day: The Information Asymmetry In End-Of-Life Care Planning Is Levying A High Human Cost In America, Anthony Sango

Student Works

No abstract provided.

Localized Cytokine Responses To Total Knee Arthroplasty And Total Knee Revision Complications, Nicole Prince, Julia A. Penatzer, Matthew J. Dietz, Jonathan W. Boyd

Faculty & Staff Scholarship

Background

The study of localized immune-related factors has proven beneficial for a variety of conditions, and one area of interest in the field of orthopaedics is the impact of implants and localized infections on immune response. Several cytokines have shown increased systemic concentrations (in serum/plasma) in response to implants and infection, but tissue-level cytokines have not been investigated as thoroughly.

Methods

This exploratory study investigated tissue-level cytokines in a cohort of patients (N = 17) in response to total knee arthroplasty and total knee revision to better understand the immune response to implants and localized infection (e.g., prosthetic joint infection). …

Criminal Procedure: Confessions, Searches, And Seizures, Leonel V. Mata, Honorable Michael E. Keasler

SMU Annual Texas Survey

No abstract provided.

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.

Spatially Fractionated Radiation Therapy: History, Present And The Future, Weisi Yan, Mohammad K. Khan, Xiaodong Wu, Charles B. Simone Ii, Jiajin Fan, Eric Gressen, Xin Zhang, Charles L. Limoli, Houda Bahig, Slavisa Tubin, Waleed F. Mourad

Department of Radiation Oncology Faculty Papers

No abstract provided.

Secondary Traumatic Stress In The Mortuary Industry: Prevalence And Mitigation, Robert Borselli

Walden Dissertations and Doctoral Studies

For those working in the mortuary industry, exposure to traumatically deceased remains may predispose them to developing subjective Secondary Traumatic Stress (STS). The purpose of this quantitative study was to examine the relationship among the independent variables of hardiness and perceived social support, and the dependent variable of subjective STS in mortuary workers. The theoretical foundations on which this research was based are the theories of stress and illness, secondary traumatic stress, hardiness, and social support. The primary research question governing this research was whether social support and hardiness had any correlation to the levels of subjective STS in this …

Tetanus Immunity Among Adults In The Democratic Republic Of The Congo, Sue K. Gerber

Walden Dissertations and Doctoral Studies

Although tetanus is not a contagious disease, it can be deadly for people who are exposed and do

not have protective immunity against tetanus, which can be acquired only through vaccination.

Most studies on adult tetanus protective immunity are from high-income countries; limited

studies occur in Africa, and none has been reported from the Democratic Republic of the Congo

(DRC). This study sought to determine protective immunity against tetanus among adults in

DRC in relation to their age, sex, place of residence, and for women, antenatal care. The primary

purpose of this observational cross-sectional study using a nested serosurvey within …

The Politics Of Pregnancy Accommodation, Stephanie Bornstein

UF Law Faculty Publications

How can antidiscrimination law treat men and women “equally” when it comes to the issue of pregnancy? The development of U.S. law on pregnancy accommodation in the workplace tells a story of both legal disagreements about the meaning of “equality” and political disagreements about how best to achieve “equality” at work for women. Federal law has prohibited sex discrimination in the workplace for over five decades. Yet, due to long held gender stereotypes separating work and motherhood, the idea that prohibiting sex discrimination requires a duty to accommodate pregnant workers is a relatively recent phenomenon—and still only partially required by …

Deadly Delay: The Fda's Role In America's Covid-Testing Debacle, Barbara J. Evans, Ellen Wright Clayton

UF Law Faculty Publications

In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) published a series of 2020 guidance documents on how to seek Emergency Use Authorizations (EUAs) for new SARS-CoV-2 tests. These guidance documents suggest EUAs are needed for laboratory-developed tests (LDTs), a type of test created and used in-house by high-complexity clinical laboratories that already are regulated by the Clinical Laboratory Improvement Amendments of 1988 (CLIA). These CLIA-regulated laboratories traditionally have provided a rapid response to emerging epidemics. Many laboratories viewed the FDA’s 2020 guidance documents as having a practical binding effect even though the FDA lacked clear …

The Political Economy Of Corporate Law And Governance: American And Korean Rules Under Different Endogenous Conditions And Forms Of Capitalism, Robert J. Rhee

UF Law Faculty Publications

Advanced economies operate under different forms of capitalism and social order. Corporate law is fixed only insofar as a country’s political economy and social organization are static. This article explains why an advanced economy may choose inefficient rules. Korean rules are the product of past industrial development policies and current social-political-economic conditions; endogenous conditions align corporate law with nationalistic sentiments and the public interest. The cost of this policy is diminution of firm value. The benefit is the erection of a plausible distinction between rule- and fact-based control of key corporate groups. This system maintains de facto national control of …

Transboundary Waters, Annie Brett

UF Law Faculty Publications

In 2018, toxic algae spread from Lake Okeechobee through the State of Florida, leading to a state of emergency and costing the state over $17 million. Similar toxic algal blooms have become an annual occurrence throughout the country and highlighted the pervasive issues with the US. water supply. Inadequate and incomplete monitoring data means that state and federal managers, as well as the public, know shockingly little about water quality in most of the waters in the United States despite the fact that the Clean Water Act requires extensive water quality monitoring and assessment. Academics have widely discussed failings of …

Integrative Environmental Law: A Prescription For Law In The Time Of Climate Change, Alyson C. Flournoy

UF Law Faculty Publications

As the magnitude of the threat posed by climate change has become increasingly apparent, scholars and practitioners have begun a dialogue about how to reform environmental law to meet the challenge. Concepts like adaptive management, sustainability, and resilience have emerged in succession, as policy makers and scholars search for new moorings for our ethical and legal framework. While useful, these concepts have failed to provide a vision, goal, or solid ethical grounding for environmental law in the era of climate change. This project takes a new approach by exploring what we can learn from the field of Integrative Medicine. The …

Seed Production, Jeffrey J. Steiner, Tim L. Springer

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

No abstract provided.

Larkspur Poisoning Of Cattle: Plant And Animal Factors That Influence Plant Toxicity, Benedict T. Green, Dale R. Gardner, Clint A. Stonecipher, Stephen T. Lee, James A. Pfister, Kevin D. Welch, Daniel Cook, T. Zane Davis, Bryan L. Strgelmeier

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Toxic larkspurs (Delphinium species) poison and kill cattle in western North America, and cattle deaths from larkspur poisoning can be as high as 15%.¹ Millions of dollars are lost from ranching communities due to animal deaths, increased management costs, and the underutilization of nutritious rangelands. Economic costs of larkspur poisoning to ranchers is not only associated with cow deaths, but, for example, other costs include loss of that cow nursing a healthy calf. The rancher must keep the calf alive, and if it survives there is lost income from marketing an early weaned, poor-performing calf. Ranchers must also replace …

Genetic Diversity Among Mycobacterium Avium Subspecies Revealed By Analysis Of Complete Genome Sequences, John Bannantine, Cyril Conde, Darrell O. Bayles, Maxime Branger, Franck Biet

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Mycobacterium avium comprises four subspecies that contain both human and veterinary pathogens. At the inception of this study, twenty-eight M. avium genomes had been annotated as RefSeq genomes, facilitating direct comparisons. These genomes represent strains from around the world and provided a unique opportunity to examine genome dynamics in this species. Each genome was confirmed to be classified correctly based on SNP genotyping, nucleotide identity and presence/absence of repetitive elements or other typing methods. The Mycobacterium avium subspeciesparatuberculosis (Map) genome size and organization was remarkably consistent, averaging 4.8 Mb with a variance of only 29.6 kb among the 13 strains. …

Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd

UF Law Faculty Publications

It is the ultimate gift to have one’s work trigger feedback, critique and challenge that expands and deepens the project. Professors Cooper, Huntington, McGinley, Silbaugh, and Woodhouse all have been sources of inspiration for me; their Articles and Essays in response to Reimagining Equality contribute both to my thinking and to the core focus of the book, the well-being, development and equality of all children, but also to the broad focus of this special issue on children and poverty. I am particularly grateful for their challenges and critiques, and their shared focus on the strategies I explore in the book, …

Expanding The Framework Of Family Issues: Bringing Children’S Rights And Children’S Perspectives Into Immigration, Nancy E. Dowd

UF Law Faculty Publications

Family law, and the systems with which families interact, and child law or children’s rights, are typically viewed as separate legal subjects or categories. This essay challenges that separation and its consequences for family issues, arguing that family law and the systems with which families interact would benefit from a stronger infusion of children’s perspectives, interests and rights. One benefit would be a stronger structural or systemic focus to family law, reflecting the responsibilities of the State for children in the form of positive socio-economic supports for systems of health, education, housing and employment that are critical to children’s development. …

Minding The Gaps In Regulation Of Do-It-Yourself Biotechnology, Barbara J. Evans

UF Law Faculty Publications

This Symposium confronts the reality that genetic technologies – not just genetic tests, but tools for altering plant, animal, and human genomes – are rapidly becoming and indeed already are consumer technologies. People can experiment with and apply these technologies in disintermediated formats, potentially without the involvement of national research funding agencies, professional scientists, physicians, genetic counselors, regulators, and traditional medical product manufacturers. The framework of 20th -century medical product and practice regulations assigned each of these parties a role in promoting ethical, safe, and effective biomedical research and health care. Do-it-yourself biotechnology (DIYbio), which includes direct-to-consumer (DTC) and do-it-yourself …

Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, Lee-Ford Tritt

UF Law Faculty Publications

Will construction—the process wherein a trier of fact must determine the testator’s probable intent because the testator’s actual intent is not clear—is too little discussed and too often misunderstood in succession law jurisprudence. Yet, construction issues are becoming increasingly important due to a growing number of will and trust disputes concerning the determination of beneficiaries in a post-Obergefell United States. Currently, courts are being asked to construe terms like “spouse,” “husband,” “wife,” “child,” “son,” “daughter,” and “descendants” in estate planning documents during a time in which understandings of marriage, identity, reproduction, religious liberty, and public policy are rapidly evolving. Interestingly, …

“Their Markers As They Go”: Modified Trees As Waypoints In The Dena’Ina Cultural Landscape, Alaska, Douglas Deur, Jamie Hebert

Anthropology Faculty Publications and Presentations

The Inland Dena’ina, an Athabaskan people of south-central Alaska, produce and value Culturally Modified Trees (CMTs) in myriad ways. Ethnographic interviews and field visits conducted with Inland Dena’ina residents of the village of Nondalton, Alaska, reveal the centrality of CMTs in the creation and valuation of an Indigenous cultural landscape. CMTs serve as waypoints along trails, as Dena’ina people travel across vast distances to hunt wide-ranging caribou herds and fish salmon ascending rivers from Bristol Bay. CMTs also provide bark and sap used in Dena’ina material culture and medicines, leaving signature marks upon the spruce, birch, and other trees found …

Walking Dena’Ina: A Cultural Landscape Report For The Telaquana Trail, Douglas Deur, Jamie Hebert, John Branson, Tricia Brown

Anthropology Faculty Publications and Presentations

The Telaquana Trail is an ancient pathway ascending from the shores of Qizhjeh Vena, Lake Clark, through tundra and timbered valleys, into a high-elevation expanse of rolling tundra and smaller interior lakes nearly 50 miles north of Lake Clark. The pathway is an ancestral corridor used by Native peoples since the beginning of remembered time. Though the archaeological record of the trail is still coming into focus, it lends us important clues about the trail and how it was used. For example, archaeological evidence at places like Twin Lakes and Snipe Lake suggests that ancestral Native communities occupied and traveled …

Testing An Ecological Model Of Obesity Among School-Age Children: Identifying Targets For Tailored Intervention, Dorothy Mcleod Loren

Dissertations

Childhood obesity rates remain historically high in the US. One way to conceptualize the many factors that contribute to obesity is through the use of an ecological model. There is a particular need to adapt and test this type of comprehensive model among vulnerable racial/ethnic and socioeconomic groups. Using a large sample of US youth drawn from the ECLS-K:2011 (N=8,225), this project first investigated an ecological model of childhood obesity from kindergarten to second grade, including factors such as child physical activity, child screen time, child bedtime, family physical activity, family food insecurity, family meals, and neighborhood safety. Then, it …

Finding Balance, Forging A Legacy: Harassers’ Rights And Employer Best Practices In The Era Of Metoo, Rachel Arnow-Richman

UF Law Faculty Publications

This article, prepared for the Annual Jack Pemberton Lecture on Workplace Justice, calls for the development of best practices for handling accused harassers in response to the MeToo movement. It contends that much of MeToo’s legacy will be determined by the voluntary choices of employers as they implement new policies and practices surrounding sexual harassment. It is therefore crucial that employers gain a better understanding of the nature and scope of sexual harassment and the risks of both over- and under-enforcement of anti-harassment norms. Through analysis of Harvey Weinstein’s final contract as Co-Chairman of the Weinstein Companies, the article juxtaposes …

History Of Childhood Physical Abuse And Current Risky Drinking: The Role Of Coping Motives, H. Addison Lowery, Deepali M. Dhruve, Arazais D. Oliveros

CAS Publications

A childhood history of physical abuse is associated with increased risky drinking in adolescence, and a two-fold risk of alcohol dependence. Research on substance use disorders (SUD) suggests that people who drink with the motivation to cope with their emotions face a greater risk of SUD. Given that childhood physical abuse is associated with emotional difficulties, the current study examined the interplay between childhood physical discipline (inclusive of abuse) and coping motives in predicting risky drinking. Specifically, we expected ratings of childhood physical discipline and current risky drinking to be associated positively and for that relation to be mediated (explained) …

Black Males Accessing And Usage Of Sex Education In Mississippi, Devin D. Moss

Dissertations

in the United States, sex education curricula sponsored by public school districts varies from state-to-state. Nationally, this arrangement provides students with varied levels of exposure to critical sex education information. Sex education is mandatory in Mississippi, but is not required to be medically accurate, include HIV education, and be culturally appropriate or unbiased. Mississippi's sex education curriculum is mandated to be age appropriate and can promote religion. the parameters of sex education in Mississippi have led to sex information gaps for youth. Black males experience this lack of information and turn to other sources to fill in the resulting information …

Voices Of African American Women In Computer Science: Implications For K-12 Stem Education And Beyond, Yolanda B. Sanders

Dissertations

Voices of African American Women in Computer Science is a qualitative dissertation about African American women who have successfully completed a computer science degree. This research explored how computer science education departments in predominantly White institutions (PWIs) contribute to the oppression of African American females. Critical race feminism (CRF) provides the platform that places the voices of women of color who have successfully obtained a computer science degree despite difficulties that have been imposed by the reality of racial biases that are present throughout the American education system and American culture at large. This research was guided by the following …

First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas

SMU Law Review

No abstract provided.