Digital Commons Network^™

Rulifying Reasonable Expectations: Why Judicial Tests, Not Originalism, Create A More Determinate Fourth Amendment, Michael Gentithes

Con Law Center Articles and Publications

For decades, commentators have decried the Supreme Court’s Fourth Amendment search jurisprudence as a hopelessly confusing jumble. Critics save their harshest barbs for the judicially created “reasonable expectations of privacy” test, suggesting that it provides little guidance and leaves search cases open to wide judicial discretion. Motivated by such critiques, several Justices have recently claimed that an originalist approach could replace the reasonable expectations test, limit judicial discretion, and clarify the Fourth Amendment’s meaning.

This Article provides a comprehensive defense of the reasonable expectations test against originalist calls to abandon it. It notes two flaws in the originalist response. First, …

Puerto Rican Crisis Migration : A Pastoral Response To Hurricane MaríA Crisis Migrants, José E. RodríGuez-Sanjurjo

ATS Dissertations

No abstract provided.

Emerging Dimensions Of Mission In A Global Body : Tracking And Evaluating Partnerships Between American Congregations And Their Global Counterparts, Daniel Richard Hunter

ATS Dissertations

No abstract provided.

To Determine The Efficacy Of Bilateral Inferior Petrosal Sinus Sampling In Differentiating Cushing Disease From Ectopic Cushing Syndrome, Muhammad Azeemuddin, Tanveer Ul Haq, Shahmeer Khan, Raza Sayani, Ayesha Shoukat Hussain, Rumaisa Khan

Department of Radiology

Management of endogenous Cushing syndrome is based on its aetiology. Increased Adrenocorticotropic Hormone (ACTH) levels are the most common cause of this disorder and, therefore, it is critical to determine the source of ACTH before further management. Dynamic post contrast MRI is currently the most common investigation implied to diagnose pituitary adenoma; however, it comes with the drawback of low specificity and high false positive results. Inferior petrosal sinus sampling (IPSS) is an established invasive procedure performed to differentiate central versus peripheral source of ACTH which, in turn, results in hypercortesolaemia. This is a series of 14 patients who underwent …

The Role Of The Community And Voluntary Sector In Identifying Vulnerabilities To Climate Change In Coastal Areas And Implementing Climate Adaptation Responses, Paul Lawlor

Research Outputs: 2025-Present

The National Adaptation Framework aims to reduce Ireland’s vulnerability to climate change by establishing climate adaptation considerations as a priority at local, regional and national level. With coastal areas and habitats particularly susceptible to negative climate change effects, it is necessary to build resilience in these areas by devising coastal adaptation responses in collaboration with coastal communities. Policies and structures have also been put in place to create an enabling environment which facilitates community participation. However, the extent of community engagement and its current role in formulating and implementing coastal adaptation responses are unclear. This paper assesses the effectiveness of …

Osteoporosis Prevention Is Linked To Education, Childhood Meals And Milk Consumption In Young Adult Females, Karen E. From

UNF Graduate Theses and Dissertations

The three aims of the study investigated the females’ age 18-25 perception, knowledge, and health beliefs, barriers and strategies to overcoming barriers to prevent osteoporosis. The mixed method explanatory design of research was implemented. Phase one used a survey to gather demographic data, past and current behaviors, the completion of the Osteoporosis Health Behavior Scale (OHBS) questionnaire, and Short Calcium Intake List (SCaIL). Four hundred forty-nine quality survey responses were obtained. The second phase, the focus group (n=23), discussed questions designed to answer the three aims of the study. Results- Our analysis showed 90% of our 447 survey participants did …

Thoughts On The Future Of Higher Education In The Uk: A Personal View With A Historical Context, Jonathan Blackledge

Articles

Before the effect of the COVID-19 Pandemic, there had been continued debate about the future of Higher Education (HE) in the UK. It is now accepted that the effect of the pandemic will have a long-lasting effect on HE in the UK and elsewhere. This paper addresses the changes that are currently taking place, based on a strategy that aims to develop a future knowledge-based economy, following the UK governments 2019 landmark review of HE. It explores the underlying parallels between the current situation and certain historical events that catalysed the development of a new approach to HE in the …

A Risk Framework For The Delivery Of Long-Term Performance Through The Large-Scale Energy Focused Retrofit Of Housing, Seamus Harrington, Mark Mulville Dr

Conference papers

The 2019 Climate Action Plan (Ireland) seeks to retrofit approximately 500,000 existing homes to attain a B2 Building Energy Rating by 2030. Although not without merit, this presents a number of risks. The authors, through a review of relevant literature and a survey of leading experts in the field of domestic retrofit, set out to explore if and how the implementation, execution, and performance of retrofit strategies that utilise a uniform approach to the retrofit of the decidedly non-uniform existing dwelling stock could create un-intended consequences. It is demonstrated how issues related to indoor air quality, comfort and overheating may …

Using Case Studies In Engineering Ethics Education: The Case For Immersive Scenarios Through Stakeholder Engagement And Real Life Data, Diana Adela Martin, Eddie Conlon, Brian Bowe

Articles

Our contribution is part of a broader study conducted in cooperation with the national accreditation body Engineers Ireland that examined the conceptualisation and education of ethics in engineering programmes in Ireland. The paper is a qualitative examination of the use of case studies in engineering ethics education and includes 23 engineering programmes from 6 higher education institutions in Ireland. The qualitative study aims to determine (RQ1) how cases are selected, (RQ2) the goals envisioned for engineering ethics case instruction, (RQ3) the characteristics of the scenarios employed and (RQ4) the preferred application by instructors. A first finding notes the diverse set …

Getting Lead Off The Landscape: A Theory And Data-Driven Approach To Increase Non-Lead Ammunition Use Among Hunters In The California Condor Range Of Utah (Usa), Jacob C. Richards, Jordan W. Smith

Environment and Society Faculty Publications

The leading cause of mortality in California condors (condors) is lead poisoning, which occurs when condors ingest lead-based ammunition left in carcasses. As a critically endangered species with approximately 100 individuals remaining in the American southwest, increasing the adoption of non-lead ammunition is essential to the recovery of the species. In Utah, the Division of Wildlife Resources (DWR) uses communication with hunters as the primary tool for increasing the adoption of non-lead ammunition in southwestern Utah. In this research, we use social science theory and data collected from a survey of hunters throughout the region to develop a strategic communication …

How To Promote Exclusive Breastfeeding In Ireland: A Qualitative Study On Views Of Chinese Immigrant Mothers, Haoyue Chen, Qianling Zhou, Tanya M. Cassidy, Katherine Younger, Siao Shen, John M. Kearney

Articles

Background The exclusive breastfeeding rate in Ireland is very low with extremely slow annual growth.The population of immigrants in Ireland is increasing. Improving exclusive breastfeeding practice amongimmigrants may contribute to the overall improvement of exclusive breastfeeding rates in Ireland. Thisstudy was conducted to elicit recommendations on improving exclusive breastfeeding rate for six monthsamong Chinese immigrants in Ireland. Methods Fourteen semi-structured in-depth individual interviewswere conducted with Chinese immigrant mothers resident in Ireland, who breastfed exclusively for four to six months.

Emerging Avenues Immunotherapy For The Management Of Malignant Pleural Mesothelioma, Steven G. Gray

Articles

Background: The role of immunotherapy in cancer is now well-established, and therapeutic options such as checkpoint inhibitors are increasingly being approved in many cancers such as non-small cell lung cancer (NSCLC). Malignant pleural mesothelioma (MPM) is a rare orphan disease associated with prior exposure to asbestos, with a dismal prognosis. Evidence from clinical trials of checkpoint inhibitors in this rare disease, suggest that such therapies may play a role as a treatment option for a proportion of patients with this cancer. Main text: While the majority of studies currently focus on the established checkpoint inhibitors (CTLA4 and PD1/ PDL1), there …

Application Of Plasma Technology In Bioscience And Biomedicine, Daniela Boehm, Christina Canal

Articles

Plasma technology has been an integral part of research in life sciences for decades through its role in the manufacture and modification of material surface characteristics of many common laboratory consumables, and it is still of interest in many fields, including the treatment of biomaterials and implants. In recent years, the use of plasma at room temperature and atmospheric pressure (cold atmospheric plasma) has led to a shift in the field by putting the focus on biomedicine due to its applicability to heat-sensitive materials, including biomaterials, and expanding the traditional applicability of plasmas to cells and tissues. Consequently, biomedical applications …

Doctors Can’T Be Doctors All Of The Time’: A Qualitative Study Of How General Practitioners And Medical Students Negotiate Public-Professional And Private-Personal Realms Using Social Media, Megan Marshal

Articles

Objective The objective of this study is to explore the experiences and perspectives of general practitioners’ and medical students’ use of, and behaviour on, social media and to understand how they negotiate threats to professional and personal life on social media. Design A two-phase qualitative design was used, consisting of semistructured interviews and follow-up vignettes, where participants were asked to respond to vignettes that involved varying degrees of unprofessional behaviour. Data were analysed using template analysis. Setting and participants Participants were general practitioner tutors and third year medical students who had just completed placement on the University of Limerick longitudinal …

Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Articles

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …

Taxing Parents: Welfarist Theories, Shannon Weeks Mccormack

Articles

The Internal Revenue Code (the “Code”) taxes parents inequitably. Couples with a sole earner are under-taxed compared to couples with dual earners or single parents. Previous scholarship has identified these inequities and then argued that this sole earner bias should be eliminated. These arguments, however, have often been incomplete. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, the Code plays favorites all the time. Scholars have traditionally turned to theories of distributive justice when evaluating whether tax preferences are warranted. These theories offer competing visions about the way resources should be …

Protecting Patients From Physicians Who Inflict Harm: New Legal Resources For State Medical Boards, Elizabeth Pendo, Tristan Mcintosh, Heidi A. Walsh, Kari Baldwin, James M. Dubois

Articles

State medical boards (SMBs) protect the public by ensuring that physicians uphold appropriate standards of care and ethical practice. Despite this clear purpose, egregious types of wrongdoing by physicians are alarmingly frequent, harmful, and under-reported. Even when egregious wrongdoing is reported to SMBs, it is unclear why SMBs sometimes fail to promptly remove seriously offending physicians from practice. Legal and policy tools that are targeted, well-informed, and actionable are urgently needed to help SMBs more effectively protect patients from egregious wrongdoing by physicians.

Past reviews of SMB performance have identified features of SMBs associated with higher rates of severe disciplinary …

Eu General Data Protection Regulation Sanctions In Theory And In Practice, W. Gregory Voss, Bouthinon-Dumas, Hugues

Santa Clara High Technology Law Journal

EU GENERAL DATA PROTECTION REGULATION SANCTIONS IN THEORY AND IN PRACTICE

Should Personal Information And Biometric Data Be Protected Under A Comprehensive Federal Privacy Statute That Uses The California Consumer Privacy Act And The Illinois Biometric Information Privacy Act As Model Laws?, Buresh, Donald L.

Santa Clara High Technology Law Journal

The issue addressed in this paper was that only a minority of states have passed privacy and biometric privacy rights laws. The collection, storage, use, and dissemination of personal information and biometric data is becoming paramount due to the public’s ever-increasing desire for security. The purpose of this study was to understand and evaluate the privacy and property issues that states confront that are inherent within the use and results of employing personal information and biometric data to enhance corporate security in their efforts to protect individual privacy. This research addressed the following questions: (1) What are the biometric privacy …

The Future Of Biotechnology: Accelerating Geneediting Advancements Through Non-Exclusive Licenses And Open-Source Access Of Crispr-Cas9, Rissberger, Emily N.

Santa Clara High Technology Law Journal

From the immune system of bacteria comes a promising new gene-editing technology, CRISPR-Cas9. Discovered in 2012, CRISPR-Cas9 has already been named one of the fastest, easiest, and cheapest gene-editing technologies. With this reputation, CRISPR-Cas9 shows promise in the research and treatments of a wide array of diseases: cancer, blood disorders, blindness, AIDS, Cystic Fibrosis, Muscular Dystrophy, Huntington’s disease, and even COVID-19 to name a few. This relatively new technology has brought hope to researchers, doctors, and patients alike; however, current biotechnology licensing practices could hinder CRISPR-Cas9’s groundbreaking potential. This article examines common biotechnology licensing practices, specifically the practices of two …

Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson

Georgia Law Review

To determine the proper procedure by which landowners
may seek judicial review of adverse decisions on rezoning
applications, Georgia courts must consider the nature of
rezoning decisions. For decades, the courts have held—with
little explanation—that rezoning decisions are legislative acts
subject to de novo review. Then, in the 2017 case Diversified
Holdings, LLP v. City of Suwanee, the Georgia Supreme
Court classified rezoning decisions as adjudicative acts that
may only be reviewed by writ of certiorari. Because the court
did not explicitly overturn the decades of precedent classifying
rezoning decisions as legislative acts, however, the nature of
rezoning decisions—and thus …

Gvsu Undergraduate And Graduate Catalog, 2021-2022, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2021-2022 undergraduate and graduate course catalog. Course catalogs are published annually to provide students with information and guidance for enrollment.

2021 Adult Foster Home Resident And Community Characteristics Report On Adult Foster Homes, Paula Carder, Jason Z. Kyler-Yano, Ozcan Tunalilar, Sarah Dys, Sheryl Elliott, Ellis Jourdan Hews, Minju Kim

Institute on Aging Publications

This report describes results from an annual study of Oregon adult foster homes (AFH). Data contained in this report include home and owner characteristics; monthly charges and payment sources; and resident characteristics, personal and health-related needs. The study’s purpose was to collect and report data that can inform and advise policymakers, state and county agency staff, aging advocates and AFH owners about the status of AFHs in Oregon. These data were collected between December 2020 and February 2021. This report constitutes the first year during the COVID-19 pandemic that these annual data were collected.

Reimagining Civil Case Management, Paula Hannaford-Agor

Faculty Publications

Court rules are necessary, but insufficient by themselves to address problems of cost and delay. Instead, state courts today are embracing a considerably broader view of civil case management, one that encompasses the total constellation of court rules, business practices, culture and governance, and staffing and technology infrastructure. Effective case management now recognizes the importance of five core components that are necessary to achieve timely, cost-effective, and procedurally fair justice: (1) triage to ensure that cases receive attention proportional to their needs; (2) process simplification to remove procedural barriers that unnecessarily complicate litigation; (3) stakeholder engagement to ensure clear communication …

The Right To Benefit From Big Data As A Public Resource, Mary D. Fan

Articles

The information that we reveal from interactions online and with electronic devices has massive value—for both private profit and public benefit, such as improving health, safety, and even commute times. Who owns the lucrative big data that we generate through the everyday necessity of interacting with technology? Calls for legal regulation regarding how companies use our data have spurred laws and proposals framed by the predominant lens of individual privacy and the right to control and delete data about oneself. By focusing on individual control over droplets of personal data, the major consumer privacy regimes overlook the important question of …

Advisors Or Enablers? Bringing Professional Service Providers Into The Guiding Principles’ Fold, Anita Ramasastry

Articles

After a decade, different businesses adhere to the UN Guiding Principles on Business and Human Rights (UNGPs). Some key commercial entities, however, remain largely outside of the UNGPs universe, including professional service providers (PSPs) who are retained by businesses to provide  expert advice and services. These advisors include lawyers, management consultants, architects and others. Some may have specialized units that provide advice on the UNGPs when retained solely for that purpose. But when asked to provide general commercial legal advice, to design a building, or restructure a business, such advisors do not typically appear to apply the UNGPs, to identify …

Christian Worship In Nagaland, Jane Elizabeth Laremore

Masters Theses

Christianity has historically suppressed Naga traditional music and culture, and yet Christian music plays an important role in the construction of Naga identity. A brief history and overview of Christian music in Nagaland including, hymn singing, contemporary Christian music, and revival songs demonstrates how the unique social, cultural and political context of Nagaland has created a generational divide in worship style preferences and the birth of the revival song genre. Snapshots of the life and work of Naga composers further illustrate these themes and provide insight into the incorporation of Naga folk music in Christian worship. While advocates make strong …

What’S The Church’S Official Position On Official Positions?: Grappling With “Truth” And “Authority”, Trevan Hatch

Faculty Publications

In the previous essay, Dr. Rabbi Peter Haas considered how some of our Jewish friends have approached the issue of authority in their search for truth. During my engagement with such approaches as a student at Baltimore Hebrew University, Hebrew University of Jerusalem, and the Spertus Institute of Jewish Studies in Chicago, I have wondered how this approach might inform my own quest for truth within the context of my faith tradition. As a Latter-day Saint, what authorities should I consult? Where do I turn for truth? How can I know whether a certain claim is an “official position” of …

Estimation Of The Healthcare Waste Generation During Covid-19 Pandemic In Bangladesh, Tamal Chowdhury, Hemal Chowdhury, Md Salman Rahman, Nazia Hossain, Ashfaq Ahmed, Sadiq M. Sait

School of Mathematical & Statistical Sciences Faculty Publications

COVID-19 pandemic-borne wastes imposed a severe threat to human lives as well as the total environment. Improper handling of these wastes increases the possibility of future transmission. Therefore, immediate actions are required from both local and international authorities to mitigate the amount of waste generation and ensure proper disposal of these wastes, especially for low-income and developing countries where solid waste management is challenging. In this study, an attempt is made to estimate healthcare waste generated during the COVID-19 pandemic in Bangladesh. This study includes infected, ICU, deceased, isolated and quarantined patients as the primary sources of medical waste. Results …

The Influence Of Strength And Mobility On Lumbar Biomechanics During Lifting, Christopher S. Patterson

Loma Linda University Electronic Theses, Dissertations & Projects

Weakness of the lumbar and hip extensors muscles as well as limited hip flexion mobility have been proposed to contribute to greater lumbar spine loading and greater lumbar flexion during functional tasks. The purpose of the current study was to examine the associations among hip and lumbar spine extension strength, hip flexion mobility and lumbar spine biomechanics during a squat lifting task. Fifty healthy adults participated in the study. Strength of the lumbar extensors and hip extensors was measured using a motor driven dynamometer. Hip range of motion was assessed using a 3D motion capture system. Participants lifted boxes of …