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Higher Education's Immunity To Change: Understanding How Leaders Make Meaning Of Their Student Success Landscape, Brittany Motley

Antioch University Dissertations & Theses

Closing equity gaps in the higher education sector is a long-standing issue. This issue has become exacerbated with the impact of COVID-19 and racial injustices happening across America. Now more than ever it has become imperative to use participatory action research to understand how leaders make meaning of their student success landscape and use that meaning to influence their strategic action for equity. I engaged two student success stakeholders from one university as co-researchers to help identify a problem in practice as it relates to equity gaps in student success. We used a modified approach to immunity to change (ITC) …

Should The U.S. Government Actively Assert Its Own Patents?, Christopher J. Morten, Barry Datlof, Amy Kapczynski, Donna Meuth, Zain Rizvi

Faculty Scholarship

On March 10, 2021, our journal partnered with the Engelberg Center on Innovation Law and Policy to host a symposium addressing the role and impact of U.S. innovation policy on access to medicine. Our 2021 Symposium Issue — Volume 11, Issue 1 — captures that event.

The following article represents the second of four panels. This panel asked, “Should the U.S. government actively assert its own patents?” The panel was moderated by Christopher Morten, Deputy Director of NYU Law’s Technology Law & Policy Clinic. The panelists included Barry Datlof, Chief of Business Development and Commercialization in the Office of Medical …

The Lie Of Pandemic Pivot And Essential Work, Alexandra Crampton

Social and Cultural Sciences Faculty Research and Publications

My emotional responses to this moment include feelings of anger, hope, and déjà vu. Although the scope and scale of this pandemic is unprecedented in our lifetimes, what has been especially hard is not necessarily new – nor entirely unprecedented – and therefore unavoidable. In this essay, I reflect on what was avoidable and call for better response. We must question the seemingly benign (if not optimistic) terms emerging as pandemic discourse, such as “pivot to a new normal” and “essential work,” for what they reveal of social injustice and failure to avert future crisis.

Dangerous Women/Women In Danger: Gendered Impacts Of The September 11th Attacks, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

VERBAL AND PHYSICAL EXPRESSIONS of public animosity toward Arab and Muslim Americans surged in the United States in the first months after the attacks on September 11, 2001 (9/11), and then quelled to highly varying degrees afterward, depending on place (Levin 2017). This pattern was unlike punitive government actions, which continued nationwide at high levels for years (see Cainkar 2009). My ethnographic and sociological study of the impacts of 9/11 on Muslim Arabs in metropolitan Chicago, involving field research conducted between 2002 and 2005 and in-depth interviews with 102 Arab Muslims (45 percent of whom were women), found that women …

Cryptic Metabolisms In Anoxic Subseafloor Sediment, Arkadiy I. Garber, Gustavo A. Ramírez, Sean M. Mcallister, William Orsi, Steven D'Hondt

Graduate School of Oceanography Faculty Publications

Microbial gene expression in anoxic subseafloor sediment was recently explored in the Baltic Sea and the Peru Margin. Our analysis of these data reveals diverse transcripts encoding proteins associated with neutralization of reactive oxygen species, including catalase, which may provide an in situ source of oxygen. We also detect transcripts associated with oxidation of iron and sulfur, and with reduction of arsenate, selenate and nitrate. Given limited input of electron acceptors from outside the system, these results suggest that the microbial communities use an unexpectedly diverse variety of electron acceptors. Products of water radiolysis and their interactions with sediment continuously …

Disadvantaged Unincorporated Communities And The Struggle For Water Justice In California, Jonathan K. London, Amanda L. Fencl, Sara Watterson, Yasmina Choueiri, Phoebe Seaton, Jennifer Jarin, Mia Dawson, Alfonso Aranda, Aaron King, Peter Nguyen, Camille Pannu, Laurel Firestone, Colin Bailey

Faculty Scholarship

This article maps a meshwork of formal and informal elements of places called Disadvantaged Unincorporated Communities (DUCs) to understand the role of informality in producing unjust access to safe drinking water in California’s San Joaquin Valley. It examines the spatial, racial, and class-based dimensions of informality. The paper aims to both enrich the literature on informality studies and use the concept of informality to expand research on DUCs and water access. We use socio-spatial analyses of the relationships between informality and water justice to reach the following conclusions: DUCs face severe problems in access to safe drinking water; disparities in …

Letter To Council Members Regarding Council Draft 5, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We understand that the ALI Council will consider Council Draft 5 (CD5) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on January 20-21, 2021. We appreciate the opportunity to provide comments on CD5. We hope that you will give careful consideration to these comments and send CD5 back to the Reporters to address the problems we describe below.

Corporate Finance For Social Good, Dorothy S. Lund

Faculty Scholarship

Corporations are under pressure to use their outsized power to benefit society, but this advocacy is unlikely to result in meaningful change because corporate law’s incentive structure rewards fiduciaries who maximize shareholder wealth. Therefore, this Essay proposes a way forward that works within the wealth-maximization framework and yet could result in dramatic social change. The idea is simple: Use private debt markets to provide incentives for public-interested corporate action. Specifically, individuals who value prosocial corporate decisions could finance them by contributing to corporate social responsibility (CSR) bonds that would offset the corporation’s implementation costs. To provide an incentive to depart …

Microbiopsy Sampling For Examining Age-Related Differences In Skeletal Muscle Fiber Morphology And Composition, Garrett Hester, Trisha Vandusseldorp, Phuong L. Ha, Kaveh Kiani, Alex A. Olmos, Melody Jabbari, Shania Kalladanthyil, Soobin An, Alyssa R. Bailly, Benjamin E. Dalton, Anton Bryantsev

Faculty Articles

The increasingly popular microbiopsy is an appealing alternative to the more invasive Bergström biopsy given the challenges associated with harvesting skeletal muscle in older populations. Parameters of muscle fiber morphology and composition derived from the microbiopsy have not been compared between young and older adults. The purpose of this study was to examine muscle fiber morphology and composition in young (YM) and older (OM) males using the microbiopsy sampling technique. A secondary aim was to determine if specific strength is associated with serum levels of C-terminal agrin fragment [CAF; an indicator of neuromuscular junction (NMJ) degradation]. Thirty healthy, YM ( …

Disability Admin: The Invisible Costs Of Being Disabled, Elizabeth F. Emens

Faculty Scholarship

This Essay comes in five parts. After this Introduction, Part I begins by briefly sketching the concept of life admin and setting out the understanding of disability that informs the ADA. Part II demonstrates the special burdens that admin places on people with disabilities and uses this argument to refine the social model of disability and clarify its implications. This theoretical insight lays the groundwork for Part III to fill a gap in the analysis of “reasonable” accommodation under Title I. This Part shows that, although courts have set out a cost-benefit analysis as the framework for determining the “reasonableness” …

Populist Prosecutorial Nullification, Kerrel Murray

Faculty Scholarship

No one doubts that prosecutors may sometimes decline prosecution notwithstanding factual guilt. Everyone expects prosecutors to prioritize enforcement based on resource limitation and, occasionally, to decline prosecution on a case-by-case basis when they deem justice requires it. Recently, however, some state prosecutors have gone further, asserting the right to refuse categorically to enforce certain state laws. Examples include refusals to seek the death penalty and refusals to prosecute prostitution or recreational drug use. When may a single actor render inert her state’s democratically enacted law in this way? If the answer is anything other than “never,” the vast reach of …

Regulating Antitrust Through Trade Agreements, Anu Bradford, Adam S. Chilton

Faculty Scholarship

Antitrust law is one of the most commonly deployed instruments of economic regulation around the world. To date, over 130 countries have adopted a domestic antitrust law. These countries comprise developed and developing nations alike, and combined produce over 95 percent of the world’s GDP. Most of the countries that have adopted an antitrust law have done so since 1990. This period of significant proliferation of antitrust laws also coincides with a notable expansion of international trade agreements, including the creation of the World Trade Organization (WTO) in 1995 and the negotiation of numerous bilateral and multilateral trade agreements. These …

Trading Pharma Goods The Wto Legal Framework, Neeraj Rajan Sabitha, Petros C. Mavroidis

Faculty Scholarship

Trading of pharma goods has attracted widespread global attention in the wake of the COVID-19 pandemic. The Agreement on Trade in Pharmaceutical Products (“Pharma Agreement”) – a sectoral agreement between a handful of WTO members – was concluded in 1994 and aimed to eliminate duties on various pharmaceutical products. Nevertheless, this is all that the Pharma Agreement does: it eliminates duties and does not touch upon the regulatory aspects relating to marketing of pharmaceutical goods. WTO members remain sovereign to decide on this score, but must observe the WTO Licensing Agreement as well as nondiscrimination. Thus, while the intensity of …

Biometric Analysis Of Emotional Responses And Cognitive Effort To Stimuli In Euhydrated Versus Hypohydrated States, Chase Castleberry

Electronic Theses and Dissertations

The purpose of this study was to examine the effects that hydration status, euhydrated versus hypohydrated, has on emotional responses and the intensity of these responses to three separate stimuli of a carbohydrate-electrolyte drink. Six male participants provided informed consent for participation. During a single trial of a walking dehydration exercise in an environmental chamber at 35℃, participants viewed three stimuli, pre and post exercise, consisting of a video commercial, three still images, and live viewing of a carbohydrate-electrolyte drink while reporting perceptual measures. Arousal and feeling states decreased from 3.89 to 2.50 and 3.83 to 2.17 (p = 0.02, …

Emerging State-Level Environmental Justice Laws, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Environmental justice (EJ) has grown in prominence in the political discourse in the last several years While most of the attention has gone to federal actions, several states have just adopted their own laws to advance EJ.

The basic idea behind EJ is that disadvantaged communities should not be disproportionately exposed to environmental hazards, that these communities should have a say in the actions that affect their environment, and that the environmental laws should be vigorously enforced there.

Removing Carbon Dioxide Through Ocean Alkalinity Enhancement: Legal Challenges And Opportunities, Romany M. Webb, Korey Silverman-Roati, Michael B. Gerrard

Faculty Scholarship

Many scientists now agree that achieving the 2015 Paris Agreement’s goal of limiting global warming to “well below” 2°C, and ideally to 1.5°C, above pre-industrial levels will require both major reductions in greenhouse gas emissions and the removal of massive amounts of carbon dioxide from the atmosphere. Various terrestrial and ocean-based carbon dioxide removal techniques have been proposed, but further research is needed to evaluate their relative benefits and drawbacks. Initial studies suggest that terrestrial carbon dioxide removal techniques, such as bioenergy with carbon capture and storage, may require large amounts of land, which could lead to conflicts with other …

Trade Integration In Turbulent Times, Petros C. Mavroidis

Faculty Scholarship

The WTO has been going through an existential crisis, from which it is like that it will not exit unscathed. If it is to remain an organization of universal membership, it will have to content itself to shallow integration. Its continuing policy relevance, will largely depend on the choices it will make about the nature of its own integration process. The good news is that no one can simply walk away from globalization. The downside (for the WTO) is that globalization is being increasingly administered through bilateral contracts.

Restoring Student Press Freedoms: Why Every State Needs A 'New Voices' Law, Clare R. Norins, Taran Harmon-Walker, Navroz Tharani

Scholarly Works

Scholastic journalists across America have long provided vital reporting, commentary, and fresh perspective on issues of public concern to their readers. Never has this been more true than in the current age of dwindling print media, where scholastic journalists at both the high school and post-secondary levels are stepping in to populate what would otherwise be news deserts. Yet the Supreme Court’s decision in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), allows school officials to censor both the content and style of school-sponsored media without offending the First Amendment. This essay traces the history of student speech rights …

Mdl Revolution, Elizabeth Chamblee Burch, Abbe Gluck

Scholarly Works

Over the past 50 years, multidistrict litigation (MDL) has quietly revolutionized civil procedure. MDLs include the largest tort cases in U.S. history, but without the authority of the class-action rule, MDL judges—who formally have only pretrial jurisdiction over individual cases—have resorted to extraordinary procedural exceptionalism to settle cases on a national scale. Substantive state laws, personal jurisdiction, transparency, impartiality, reviewability, federalism, and adequate representation must all yield if doing so fulfills that one goal.

Somehow, until now, this has remained below the surface to everyone but MDL insiders. Thanks to the sprawling MDL over the opioid crisis—and unprecedented opposition to …

Information For The Common Good In Mass Torts, Elizabeth Chamblee Burch, Alexandra D. Lahav

Scholarly Works

In recent years, judges have privileged confidentiality over transparency in discovery, especially in large scale multidistrict litigation such as the Opiate litigation. By uncovering the assumptions underlying our current regime, this Article sheds light on the process that got us here as a first step towards re-envisioning the rules governing information in litigation. We investigate an untold history of discovery’s publicity to show that many of our assumptions about what is public and what is private is historically contingent, even accidental. So too are our assumptions about the best way to arrive at truth.

Accordingly, we suggest that courts ought …

Systemic, Racial Justice-Informed Solutions To Shift "Care" From The Criminal Legal System To The Mental Health Care System, Sarah Vinson, Andrea L. Dennis

Scholarly Works

The current configuration and function of U.S. societal structures drives the overrepresentation of people with serious mental illness in the criminal legal system. Although the causes are multifactorial, the mental health system poorly serves those at highest risk of criminal legal system involvement. The growth of the mental health evidence base regarding the social determinants of mental health has ushered in greater understanding of their central role in the promotion and maintenance of mental illness and health. These academic strides, however, have failed to translate into widespread care and payment policy changes. Additionally, as is the case in the criminal …

Introduction: The Future Of Global Health Governance, Elizabeth Weeks, Anish Patel

Scholarly Works

CONFERENCE: The Future of Global Health Governance

Hosted by the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law on January 25, 2021 in Athens, Georgia

When we began developing this topic last winter and early spring, the global pandemic in which we still find ourselves deeply entrenched, a year later, was just emerging. For many in the United States, including our former President, the threat seemed distant, even hypothetical.' Few imagined the devastating loss of life, health, economic security, home, family, companionship, and "normal" ways of life that we would come to experience over …

How Journalists Think About The First Amendment Vis-À-Vis Their Coverage Of Hate Groups, Gregory Perreault, Jonathan Peters, Brett Johnson, Leslie Klein

Scholarly Works

This study, based on in-depth interviews with U.S.-based journalists (n = 18), explores the increasingly fraught circumstances of reporting on hate groups. We examine how journalists think about the First Amendment vis-à-vis their coverage of such groups. Through the lens of media ecology and First Amendment principles and theories, we argue ultimately that journalists who cover hate groups use the First Amendment to identify their place in the journalistic environment.

International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer

Scholarly Works

Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …

Tax Policy And Covid-19: An Argument For Targeted Crisis Relief, Assaf Harpaz

Scholarly Works

The COVID-19 pandemic caused a sharp global economic decline. By the end of 2021, the U.S. government responded to the downturn with record fiscal legislation totaling over $5 trillion, which includes considerable tax relief. Most notably, the U.S. government distributed over $800 billion in three rounds of advanced refundable tax credits (known as recovery rebates, or stimulus checks) to most households. Tax relief has been unprecedented in scale but has often been the product of political circumstances rather than principled policy design. Tax relief thus remains largely undertheorized and politically motivated.

This Article examines the U.S. tax policy response to …

2021 Community-Based Care: Resident And Community Characteristics Report On Assisted Living, Residential Care, And Memory Care Communities, Ozcan Tunalilar, Paula Carder, Sheryl Elliott, Jason Z. Kyler-Yano, Sarah Dys, Minju Kim, Diana Cater, Ellis Jourdan Hews

Institute on Aging Publications

This report summarizes findings from the 7th annual study of Oregon assisted living (AL) and residential care (RC) facilities, including memory care (MC) communities. The purpose of this report is to inform Oregon Department of Human Services (ODHS), providers, consumers, and other interested parties about this sector of long-term services and supports (LTSS) and ensure data-informed policy decisions. The report contains information about various resident and community characteristics, including capacity and supply, resident demographics and health services use, and community services, policies, fees, and staffing. These data were collected between winter 2020 and spring 2021. This report constitutes the first …

Evaluation Of The Livewell Method: Final Report, Paula Carder, Serena Hasworth, Diana Cater

Institute on Aging Publications

The LiveWell Method uses a practice-based framework to improve the quality of life for people living and working in long-term care settings, including assisted living and memory care. It is designed to improve teamwork, communication, and morale by helping staff organize, track, measure, and improve daily operations. This evaluation is informed by the LiveWell Method’s “bottom-up and top enabled” approach, which engages and empowers direct care staff and administrators to create a more democratic and transparent workplace. In addition, the evaluation included questions to assess LiveWell’s core values, such as creating care innovations, nurturing dignity, creating community, and honoring elders, …

Kassa (Abebaw) V. State, 137 Nev., Adv. Op. 16 (Apr. 29, 2021), Cecilia Diaz

Nevada Supreme Court Summaries

No abstract provided.

Ralph Edmond Goad V. State Of Nevada, 137 Nev. Adv. Op. 17 (Apr. 29, 2021), Maggie Difederico

Nevada Supreme Court Summaries

No abstract provided.

Oral Hygiene Level And Prevalence Of Gingivitis Amongst Pregnant Women In A Nigerian Teaching Hospital, Mohammad A. Kaura, Halima M. Bawa, Edugie Ekuase, Babatunde O. Bamgbose

Journal of Dentomaxillofacial Science

No abstract provided.