Digital Commons Network^™

Torts: Covid-19 Pandemic Business Safety Act & Executive Order By The Governor Designating Auxiliary Management Workers And Emergency Management Activities, Angelena Velaj, Troy Viger

Georgia State University Law Review

The Executive Order expanded immunity from liability for volunteer health care workers as emergency management workers performing emergency management activities. The Order was not limited to only COVID-19-related activities. When the legislature reconvened, legislators passed the Georgia COVID-19 Pandemic Business Safety Act, which provided liability limitation to businesses against tort claims arising from the pandemic.

Elections: Elections And Primaries Through The Pandemic, Joseph M. Brickman, Logan D. Kirkes

Georgia State University Law Review

The 2020 election cycle was all but normal. Due to certain health concerns associated with the COVID-19 pandemic, Georgia delayed its primary election three months from March to June and summarily mailed absentee ballot request forms to all active, registered voters. From presidential social media postings to a federal lawsuit, debate ensued over the widespread usage of absentee ballots, their overall effectiveness and security, who would receive request forms, and whether postage requirements qualified as an impermissible poll tax. To further compound these uncertainties, Georgia legislators, who are not permitted to fundraise or campaign during the forty-day legislative session, had …

Preemption: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Marisa P. Ahlzadeh, Fanny Chac

Georgia State University Law Review

The doctrine of preemption expresses the idea that “a higher authority of law will displace a lower authority of law when the two authorities come into conflict.” Preemption exists on both the federal and state level. According to the Georgia Constitution, local laws are permissible if they do not conflict with the state law on the subject. During a Public Health State of Emergency, the Governor of Georgia maintains certain expanded powers to take necessary action for the health and safety of the public. On April 2, 2020, Governor Brian Kemp (R) used these expanded powers to enact an Executive …

Taxing Book Profits: New Proposals And 40 Years Of Critiques, Mindy Herzfeld

UF Law Faculty Publications

This paper considers recent domestic and international proposals to use financial statement earnings as the basis for imposing additional or minimum taxes on corporate income and to reallocate corporate profits among jurisdictions. It reviews prior research undertaken in the context of previous proposals to partially substitute financial accounts for taxable income and considers how valid critiques of prior proposals are with respect to current initiatives. It concludes by noting that the concerns raised about earlier proposals have neither been fully considered nor addressed in the recent initiatives.

Super-Statutory Contracting, Kristelia A. García

Washington Law Review

The conventional wisdom is that property rules induce more—and more efficient—contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules, they are contracting for more protection than that dictated by law, something this Article calls “super-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection. Through a series of deal analyses, this Article explores this counterintuitive phenomenon, and updates seminal thinking on …

Being Careful : Progressive Era Women And The Movements For Better Reproductive Health Care, Sarah Patterson

Legacy Theses & Dissertations (2009 - 2024)

ABSTRACTFor American and British women, the definition of being healthy changed in the first two decades of the twentieth century. Previously, there had been a resigned acceptance of the fact that a woman’s reproductive capacity often relegated her to a lifetime of suffering and ill health. Certainly, individual women sometimes sought out solutions to their health problems, but there was no concerted social movement to help all women. Then in the Progressive Era that changed. The professionalization of medicine, combined with scientific breakthroughs, such as using Salvarsan to treat syphilis and urine testing to identify eclampsia meant that women could …

Curriculum Design And Instructional Practices : A Case Study Use Of Theory In Accelerated Adult Learning Programs, Lorraine V. Beach

Legacy Theses & Dissertations (2009 - 2024)

This is a qualitative case study that examined four institutions of higher education in New York to assess how well they have done at implementing a quality standard established by the Commission on Accelerated Programs (CAP) in 2011 and 2019 calling for accelerated adult programs to incorporate adult learning theory within their curricula and instructional practices. Data collection consisted of interviews with faculty and staff, documentation reviews, and classroom observations. Through iterative case review processes, the author used this data to: a) clarify organizational policy and practices at each of the colleges/universities; and then b) to identify the impact of …

Structured Data Mining Networks, Time Series, And Time Series Of Networks, Lin Zhang

Legacy Theses & Dissertations (2009 - 2024)

The rate at which data is generated in modern applications has created an unprecedented demand for novel methods to effectively and efficiently extract insightful patterns. Methods aware of known domain-specific structure in the data tend to be advantageous. In particular, a joint temporal and networked view of observations offers a holistic lens to many real-world systems. Example domains abound: activity of social network users, gene interactions over time, a temporal load of infrastructure networks, and others. Existing analysis and mining approaches for such data exhibit limited quality and scalability due to their sensitivity to noise, missing observations, and the need …

Trading Privacy For Promotion? Fourth Amendment Implications Of Employers Using Wearable Sensors To Assess Worker Performance, George M. Dery Iii

Northwestern Journal of Law & Social Policy

This Article considers the Fourth Amendment implications of a study on a passive monitoring system where employees shared data from wearables, phone applications, and position beacons that provided private information such as weekend phone use, sleep patterns in the bedroom, and emotional states. The study’s authors hope to use the data collected to create a new system for objectively assessing employee performance that will replace the current system which is plagued by the inherent bias of self-reporting and peer-review and which is labor intensive and inefficient. The researchers were able to successfully link the data collected with the quality of …

Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty

Northwestern Journal of Law & Social Policy

No abstract provided.

Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert

Northwestern Journal of Law & Social Policy

While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office’s traditional solutions for refugees – local integration, resettlement in a third country, and voluntary repatriation – have mostly eluded refugees who spend an average of twenty years in exile. The limitations UNHCR’s structure imposes on the office, specifically in its ability to fund its operations and compel nations to act, have contributed to its …

Three Essays On Health Economics, Jihye Kim

Legacy Theses & Dissertations (2009 - 2024)

This thesis focuses on various factors affecting health of American adults and the elderly based on the Health and Retirement Study (HRS). In chapter 1, I examine the role of educational and racial differences in life expectancy (LE) and health-adjusted life expectancy (HALE) for Americans at ages 45-64 using Health and Retirement Study (HRS) during 2000-2016. I compute severity-weighted prevalence of diseases with comorbidity adjustments based on the Global Burden of Disease (2015), and map onto the information on 17 doctor-diagnosed diseases and four self-rated disabling health conditions from HRS. This approach allows us to evaluate the importance of major …

Predictive Facts, Brent Ferguson

Washington Law Review

A substantial portion of constitutional law rests on untested factual predictions made by the Supreme Court. Such forecasts have played a large role in a wide range of case outcomes, helping the Court decide questions such as whether corporations have the right to spend money on elections and what evidence may be used in criminal cases despite Fourth Amendment violations.

Scholars have not yet studied the frequency of such predictions, the problems they create, or the functions they serve. The literature has looked more closely at court decisions that depend on conclusions of legislative fact—facts not specific to a certain …

Protecting Protected Activity, Daiquiri J. Steele

Washington Law Review

The United States Supreme Court recently rolled back protections in employment retaliation cases by requiring plaintiffs to prove that their protected activity was the but-for cause of adverse actions by their employers. As a result, employers may escape liability even though the employee-plaintiffs have proven that employers had an impermissible motive in taking adverse actions. In doing so, the Court undermined the underlying statutes’ retaliation provisions created to help enforce the underlying statute, leading to a court-instituted failure to protect activity that Congress sought to protect.

While legal scholars have paid much attention to the establishment of a but-for causation …

Restoring Reasonableness To Workplace Religious Accommodations, Dallan F. Flake

Washington Law Review

When Congress amended Title VII of the Civil Rights Act in 1972 to require employers to reasonably accommodate employees’ religious practices absent undue hardship to their business, it intended to protect employees from being forced to choose between their jobs and their religious beliefs. Yet in the decades since, courts have cut away at this right to the point it is practically nonexistent. Particularly concerning is the growing tendency of courts to read reasonableness out of the accommodation requirement, either by conflating reasonableness and undue hardship so that an accommodation’s reasonableness depends solely on whether it would cause the employer …

Aspects Of The Becker Brewing And Malting Company Of Ogden, Utah: A Study Of Labor, Prohibition, And Finance, Jason Neil

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

Embedded within the economic narrative of the nineteenth and twentieth century American West lays the rich, but frequently forgotten, history of brewing in Utah. While most businesses in Utah centered on agriculture, railroads, and mining, the breweries of Utah also played a significant role in the industrial and economic development of the region. One of the largest and most significant of these breweries was the Becker Brewing and Malting Company of Ogden, Utah. Founded in 1892, this company deeply affected the brewing industry until its dissolution in 1965. Many of the original records kept by the company still exist and …

Ring, Amazon Calling: The State Action Doctrine & The Fourth Amendment, Grace Egger

Washington Law Review Online

Video doorbells have proliferated across the United States and Amazon owns one of the most popular video doorbell companies on the market—Ring. While many view the Ring video doorbell as useful technology that protects the home and promotes safer neighborhoods, the product reduces consumer privacy without much recourse. For example, Ring partners with cities and law enforcement agencies across the United States thereby creating a mass surveillance network in which law enforcement agencies can watch neighborhoods and access Ring data without the user’s knowledge or consent. Because Amazon is not a state actor, it is able to circumvent the due …

Characterizing The Impact Of Adversity, Abuse, And Neglect On Adolescent Amygdala Resting-State Functional Connectivity, Theresa W. Cheng, Kathryn L. Mills, Oscar Miranda Dominguez, Dagmar Zeithamova, Anders Perrone, Darrick Sturgeon, Sarah W. Feldstein Ewing, Philip A. Fisher, Jennifer H. Pfeifer, Damien A. Fair, Kristen L. Mackiewicz Seghete

Psychology Faculty Publications

Characterizing typologies of childhood adversity may inform the development of risk profiles and corresponding interventions aimed at mitigating its lifelong consequences. A neurobiological grounding of these typologies requires systematic comparisons of neural structure and function among individuals with different exposure histories. Using seed-to-whole brain analyses, this study examined associations between childhood adversity and amygdala resting-state functional connectivity (rs-fc) in adolescents aged 11–19 years across three independent studies (N = 223; 127 adversity group) in both general and dimensional models of adversity (comparing abuse and neglect). In a general model, adversity was associated with altered amygdala rs-fc with clusters within the …

Missing In Action: Locating The Body In Interdisciplinary Studies, Ann Lenore Moradian

Master's Theses

This research project relied on the use of interdisciplinary literature, surveys and interviews to explore the prevalence of the human body and its movement across a variety of disciplines other than movement-based practices, and also to explore perspectives of movement experts regarding the knowledge, skills, and capacities they believed might be related to their practice-based work. In other words, what do movement practitioners and movement experts know, and who cares? The materials gathered were analyzed with the aim of understanding the range of possibilities for future work, and identifying areas of potential discourse, engagement, or collaboration across disciplines. The outcomes …

The Drug Overdose Epidemic Seen Through Different Lenses, Barbara Blake Gonzalez, Richard Cebula, James V. Koch

Economics Faculty Publications

The age-adjusted death rate from drug overdoses in the United States per 100,000 individuals rose from 6.8 in 2010 to 17.1 in 2018. The most common explanation offered is the deaths of despair hypothesis. We identify additional factors that have contributed to the rise in drug overdose deaths in cities and counties. Methods: We utilize a period fixed effects model with a multi-variate panel data set for 94 independent cities and counties in Virginia for the period 2008 through 2017. Results: The drug overdose mortality rate is: (a) an increasing function (prob.

The Bridwell Quill. Issues 23-28: Journey To The West, Anthony Elia

Bridwell Library Publications

No abstract provided.

Populist Nationalism Threatens Health And Human Rights In The Covid-19 Response, Caitlin R. Williams, Jocelyn Getgen Kestenbaum, Benjamin Mason Meier

Articles

COVID-19 demands international cooperation, yet populist nationalism is resurgent, threatening public health, human rights, and global governance. In responding to the pandemic, populist nationalism and global solidarity represent distinct paths, with enduring consequences for health and human rights.

Backbone Interactions Between Transcriptional Activator Exsa And Anti-Activator Exsd Facilitate Regulation Of The Type Iii Secretion System In Pseudomonas Aeruginosa, Manisha Shrestha, Robert C. Bernhards, Yichen Fu, Kylie Ryan, Florian D. Schubot

Faculty Research, Scholarly, and Creative Activity

The type III secretion system (T3SS) is a pivotal virulence mechanism of many Gram-negative bacteria. During infection, the syringe-like T3SS injects cytotoxic proteins directly into the eukaryotic host cell cytoplasm. In Pseudomonas aeruginosa, expression of the T3SS is regulated by a signaling cascade involving the proteins ExsA, ExsC, ExsD, and ExsE. The AraC-type transcription factor ExsA activates transcription of all T3SS-associated genes. Prior to host cell contact, ExsA is inhibited through direct binding of the anti-activator protein ExsD. Host cell contact triggers secretion of ExsE and sequestration of ExsD by ExsC to cause the release of ExsA. ExsA does not …

The Resilience Of Female Survivors Of Intimate Partner Violence In Southwest Nigeria: An Interdisciplinary Analysis, Tobi F. Oloyede

Electronic Theses and Dissertations

Female survivors of intimate partner violence (IPV) in Nigeria endure harsh and traumatic experiences that affect their rights as women and their well-being. As the phenomenon of IPV persists in Nigeria, it is not only a family problem but a critical social and psychological problem. This study examined Nigerian female survivors’ hidden strength, agency, and resilience, rather than their powerlessness and vulnerability. Analysis of survey questionnaires, interviews, and secondary scholarship reveals that some Nigerian female survivors of IPV are able to cope whilst navigating stressful and traumatic experiences. The results also show that survivors’ ability to thrive and cope under …

A Survey Of Pre-Service And In-Service Teachers On Training And Knowledge Of State Anti-Bullying Laws And Policies Related To Students With Disabilities, Molly Henry

Electronic Theses and Dissertations

Bullying is a serious problem on its own but emerging research suggests that bullying may present differently in students with disabilities and affect them more severely than previously thought. The purpose of this study was to explore the multi-layered issue of bullying involving students with disabilities, examine the programs and legislation developed around this issue, and determine the training and knowledge teachers and teacher candidates have regarding the problem. An exploratory survey was completed by 105 teachers and teacher candidates in northeast Tennessee. Descriptive statistics and T-tests revealed that in-service teachers were more knowledgeable in identification of bullying and the …

Assessing Nurse Practitioners' Knowledge And Clinical Practice With Regard To The Oral-Systemic Link, Angela Haynes

Electronic Theses and Dissertations

Nurse Practitioners (NPs) comprise a significant portion of the U.S. primary care workforce and play an essential role in patients' health awareness, prevention strategies, disease management, and in providing appropriate provider referrals. Nurse Practitioners receive education on the oral-systemic connection, yet there have been limited studies on the clinical practice of NPs assessing the oral cavity to evaluate the condition of the teeth and the oral tissues. The purpose of this study was to explore the nurse practitioners’ knowledge and practice habits of assessing the oral cavity for diseases or abnormalities in the mouth that can, in turn, affect overall …

Lower Survival After Coronary Artery Bypass In Patients Who Had Atrial Fibrillation Missed By Widely Used Definitions, Giovanni Filardo, Benjamin D Pollock, Briget Da Graca, Danielle M Sass, Teresa K Phan, Debbie E Montenegro, Gorav Ailawadi, Vinod H Thourani, Ralph J Damiano Jr

2020-Current year OA Pubs

OBJECTIVE: To investigate the impact of limiting the definition of post-coronary artery bypass graft (CABG) atrial fibrillation (AF) to AF/flutter requiring treatment-as in the Society of Thoracic Surgeons' (STS) database- on the association with survival.

PATIENTS AND METHODS: We assessed in-hospital incidence of post-CABG AF in 7110 consecutive isolated patients with CABG without preoperative AF at 4 hospitals (January 1, 2004 to December 31, 2010). Patients with ≥1 episode of post-CABG AF detected via continuous in-hospital electrocardiogram (ECG)/telemetry monitoring documented by physicians were assigned to the following: Group 1, identified as having post-CABG AF in STS data and Group 2, …

Preparing For A Driverless Future, Daniel P. Piatkowski, Santosh Pitla, Joe Luck, Josephine K. Hazelton

Nebraska Department of Transportation: Research Reports

Autonomous vehicles (AVs) are widely considered to be the future of surface transportation in the United States, but little is understood about how people will interact with these vehicles, what they will use them for, and how they will impact our roads. However, farmers have been interacting with some degree of AV technology, primarily auto-guidance, in Nebraska for at least the last 10 years. The research in Section 1 first utilizes in-depth qualitative interviews to understand farmers’ experiences with using highly automated technology in order to inform adoption and diffusion patterns of AVs. The findings in Section 1 lead to …

Naming The Cook Islands: Articulation Theory And ‘Akapapa‘Anga, Emma Ngakuraevaru Powell

Pacific Studies

The Cook Islands has existed as a formal polity for roughly one hundred years. There is no antecedent Māori name for this nation. Referencing the explorer Captain James Cook, it has been the nation’s primary identifier since the late nineteenth century despite the nation comprising fifteen islands and various and distinct cultural genealogies prior to European arrival. In this article, I ask how might we effectively describe the formation of the Cook Islands’ national identity and understand its name given its underlying genealogical and cultural diversity. In asking this question, I consider the utility of cultural studies’ articulation theory for …

Confronting Wicked Crypto: Wicked Problems, Encryption Policy, And Exceptional Access Technology, Kevin Nicholas Kredit

Masters Theses

Public debate has resumed on the topic of exceptional access (EA), which refers to alternative means of decryption intended for law enforcement use. The resumption of this debate is not a renege on a resolute promise made at the end of the 1990s “crypto war”; rather, it represents a valid reassessment of optimal policy in light of changing circumstances. The imbalance between privacy, access, and security in the context of constantly changing society and technology is a wicked problem that has and will continue to evade a permanent solution. As policymakers consider next steps, it is necessary that the technical …