Digital Commons Network^™

Seila Law: Is There A There There?, Jack M. Beermann

Faculty Scholarship

In Seila Law LLC v. Consumer Financial Protection Bureau, the Supreme Court, in an opinion by Chief Justice John Roberts, invalidated the provision of the Dodd-Frank Act restricting the president's removal of the director of the Consumer Financial Protection Bureau (CFPB) to cases of "inefficiency, neglect of duty, or malfeasance in office." The Court's decision leaves the director subject to removal by the president for any reason or no reason at all.

This Essay on the Seila Law decision makes three points. First, because there is no legal or historical support for the Court's distinction between independent agencies headed …

Unraveling The Web Of Legal Protection: Race, Police Misconduct, And The Favorable Termination Rule, Jasmine Gonzales Rose, Caitlin Glass, Neda Khoshkhoo

Faculty Scholarship

The murder of George Floyd raised greater awareness of the pervasiveness of racialized police violence in the United States. Advocates, activists, and concerned policymakers have drawn attention to legal barriers that prevent accountability for police who kill and abuse Black, Indigenous, and other people of color (“BIPOC”), such as qualified immunity. However, the true extent of the legal system’s protections regarding racialized police misconduct remains unrecognized. A key example of this is the favorable termination rule, which many jurisdictions have interpreted as imposing an “indications-of-innocence” standard. This standard, in numerous instances, serves as a procedural loophole that prevents civil rights …

Why Glucagon Matters For Hypoglycemia And Physical Activity In Individuals With Type 1 Diabetes, Sheri R. Colberg

Human Movement Studies & Special Education Faculty Publications

No abstract provided.

Misdemeanor And Felony Diversion Program Success, Nicole M. Teske

All-Inclusive List of Electronic Theses and Dissertations

Previous research has demonstrated that individuals who commit crimes and have mental health concerns tend to do worse while incarcerated. For this reason, mental health diversion programs were created. These programs provide individuals with the necessary treatment and resources so they can be more successful living in the community. These programs often differ in terms of program requirements, and the impact of offender variables on outcomes are often inconsistent. The current study examined two mental health diversion programs in a rural community to examine the relation between offender gender, mental health diagnosis, and charge level in predicting program success and …

Using The Thematic Apperception Test As A Tool For Measuring Attachment In Clinical Settings, Audra Biermann

All-Inclusive List of Electronic Theses and Dissertations

Despite the frequency with which clinicians utilize principles of attachment theory in their work with patients, formal assessment of attachment is relatively uncommon in clinical settings (Burke et al., 2016). This is perhaps owing to a lack of familiarity with or accessibility to available attachment measures, many of which were developed primarily for research rather than clinical purposes. One instrument which may represent a useful tool for measuring attachment in clinical settings is the Thematic Apperception Test (TAT; Murray, 1936/1971), a projective measure of personality with widespread familiarity among clinicians. Although the TAT was not developed specifically as a measure …

A Three-Story Approach To Teaching Scripture, Scott R. Ward

Faculty Publications

As we interact with youmg people, we must remember that as Christian educators, our primary goal is to help them find their place in the story of God. We must show them where they appear and how choosing Jesus can change their lives. Then we must show them where they fit into the community of believers and provide opportunities for them to “live” their stories in mission and outreach opportunities in the world around them. We must play our part by being ready daily to share how our devotional times with Jesus each day are impacting our lives and decisions …

Academic Integrity At The Graduate Degree Level: Graduate Student Perspectives On Academic Integrity And Institutional Policies, Jamie Lynn Haney

All-Inclusive List of Electronic Theses and Dissertations

Academic integrity research has focused heavily on undergraduate students and indicates that students around the globe are unsure about the concept of academic integrity and the dishonest behaviors that can lead to penalization (Gullifer & Tyson, 2014; Ramzan et al., 2012). The limited literature focused on graduate students indicates they desire additional training on academic integrity to understand and meet institutional expectations (Asim et al., 2015; Atkinson et al., 2016; Bretag et al., 2014; Di Pierro, 2011; East & Donnelly, 2012; Leonard et al., 2015; Thompson et al., 2017). This qualitative phenomenological study examined graduate student perspectives of academic integrity …

Understanding, Promoting And Supporting Lgbtqi+ Diversity In Legal Education, Aidan Ricciardo, Shane L. Rogers, Stephen D. Puttick, Natalie Skead, Stella Tarrant, Melville Thomas

Research outputs 2014 to 2021

Australian law schools are becoming increasingly diverse. Yet, there is very little quantitative or qualitative data on diversity in law schools and even less research examining how students’ diverse backgrounds and social identities–including their sexual orientation and gender identity–affect their law student experience. This article begins to fill this gap in the literature by reporting the findings from a study examining the law school experiences of LGBTQI+ students at all law schools within a single Australian state. The study reveals that much of the law school experience is similar for both LGBTQI+ and non-LGBTQI+ students, and that LGBTQI+ law students …

Derivation Of A Prototype Asthma Attack Risk Scale Centred On Blood Eosinophils And Exhaled Nitric Oxide, Simon Couillard, Annette Laugerud, Maisha Jabeen, Sanjay Ramakrishnan, James Melhorn, Timothy Hinks, Ian Pavord

Research outputs 2014 to 2021

Reduction of the risk of asthma attacks is a major goal of current asthma management. We propose to derive a risk scale predicting asthma attacks based on the blood eosinophil count and exhaled nitric oxide. Biomarker-stratified trial-level attack rates were extracted and pooled from the control arms of the Novel START, CAPTAIN, QUEST, Benralizumab Phase 2b, PATHWAY, STRATOS 1-2 and DREAM trials (n=3051). These were used to derive rate ratios and the predicted asthma attack rate for different patient groups. The resultant prototype risk scale shows potential to predict asthma attacks, which may be prevented by anti-inflammatory treatment.

Utilising A Systematic Review-Based Approach To Create A Database Of Individual Participant Data For Meta- And Network Meta-Analyses: The Release Database Of Aphasia After Stroke, Louise R. Williams, Myzoon Ali, Kathryn Vandenberg, Linda J. Williams, Masahiro Abo, Frank Becker, Audrey Bowen, Caitlin Brandenburg, Caterina Breitenstein, Stefanie Bruehl, David A. Copland, Tamara B. Cranfill, Marie Di Pietro-Bachmann, Pamela Enderby, Joanne Fillingham, Federica Lucia Galli, Marialuisa Gandolfi, Bertrand Glize, Erin Godecke, Neil Hawkins, Katerina Hilari, Jacqueline Hinckley, Simon Horton, David Howard, Petra Jaecks, Elizabeth Jefferies, Luis M T Jesus, Maria Kambanaros, Eun K. Kang, Eman M. Khedr, Anthony P H Kong, Tarja Kukkonen, Marina Laganaro, Matthew A. Lambon Ralph, Ann C. Laska, Béatrice Leemann, Alexander P. Leff, Roxele R. Lima, Antje Lorenz, Brian Macwhinney, Rebecca S. Marshall, Flavia Mattioli, İlknur Maviş, Marcus Meinzer, Reza Nilipour, Enrique Noé, Nam-Jong Paik, Rebecca Palmer, Ilias Papathanasiou, Brigida F. Patricio, Isabel P. Martins, Cathy Price, Tatjana P. Jakovac, Elizabeth Rochon, Miranda L. Rose, Charlotte Rosso, Ilona Rubi-Fessen, Marina B. Ruiter, Claerwen Snell, Benjamin Stahl, Jerzy P. Szaflarski, Shirley A. Thomas, Mieke Van De Sandt-Koenderman, Ineke Van Der Meulen, Evy Visch-Brink, Linda Worrall, Heather H. Wright, Marian C. Brady, The Release Collaborators

Research outputs 2014 to 2021

Background: Collation of aphasia research data across settings, countries and study designs using big data principles will support analyses across different language modalities, levels of impairment, and therapy interventions in this heterogeneous population. Big data approaches in aphasia research may support vital analyses, which are unachievable within individual trial datasets. However, we lack insight into the requirements for a systematically created database, the feasibility and challenges and potential utility of the type of data collated. Aim: To report the development, preparation and establishment of an internationally agreed aphasia after stroke research database of individual participant data (IPD) to facilitate planned …

Exploring Specific Predictors Of Psychosis Onset Over A 2-Year Period: A Decision-Tree Model, Jone Bjornestad, Tore Tjora, Johannes H. Langeveld, Helen J. Stain, Inge Joa, Jan Olav Johannessen, Michelle Friedman-Yakoobian, Wenche Ten Velden Hegelstad

Research outputs 2014 to 2021

Aim: The fluctuating symptoms of clinical high risk for psychosis hamper conversion prediction models. Exploring specific symptoms using machine-learning has proven fruitful in accommodating this challenge. The aim of this study is to explore specific predictors and generate atheoretical hypotheses of onset using a close-monitoring, machine-learning approach. Methods: Study participants, N = 96, mean age 16.55 years, male to female ratio 46:54%, were recruited from the Prevention of Psychosis Study in Rogaland, Norway. Participants were assessed using the Structured Interview for Psychosis Risk Syndromes (SIPS) at 13 separate assessment time points across 2 years, yielding 247 specific scores. A machine-learning …

A Phylogeny Of Antirrhinum Reveals Parallel Evolution Of Alpine Morphology, Mario Durán-Castillo, Andrew Hudson, Yvette Wilson, David L. Field, Alex D. Twyford

Research outputs 2014 to 2021

Parallel evolution of similar morphologies in closely related lineages provides insight into the repeatability and predictability of evolution. In the genus Antirrhinum (snapdragons), as in other plants, a suite of morphological characters are associated with adaptation to alpine environments.

We tested for parallel trait evolution in Antirrhinum by investigating phylogenetic relationships using restriction-site associated DNA (RAD) sequencing. We then associated phenotypic information to our phylogeny to reconstruct the patterns of morphological evolution and related this to evidence for hybridisation between emergent lineages.

Phylogenetic analyses showed that the alpine character syndrome is present in multiple groups, suggesting that Antirrhinum has repeatedly …

‘Own Your Narrative’: Teenagers As Producers And Consumers Of Porn In Netflix’S Sex Education, Debra Dudek, Giselle Woodley, Lelia Green

Research outputs 2014 to 2021

Netflix’s Sex Education both represents sex education and educates viewers about sex. From the opening scene of the first episode, viewers are positioned to see this series as one that is not afraid to represent explicitly the details of a range of sexual experiences. The series’ frank depiction of sexual relationships between characters, and its exploration of characters’ hopes, fears, and choices regarding ways to express their sexual desire is, arguably, ground-breaking. This paper focuses upon the ways in which the series represents young people as producers and consumers of pornographic/erotic narratives, harnessing the communication options within their social settings …

Patients’ Experiences Of A Communication Enhanced Environment Model On An Acute/Slow Stream Rehabilitation And A Rehabilitation Ward Following Stroke: A Qualitative Description Approach, Sarah D'Souza, Deborah J. Hersh, Erin Godecke, Natalie Ciccone, Heidi Janssen, Elizabeth Armstrong

Research outputs 2014 to 2021

Background

Patients in hospital following stroke express a desire to continue therapy tasks outside of treatment activities. However, they commonly describe experiences of boredom and inactivity. An enriched environment aims to provide opportunities for physical, cognitive and social activity and informed the development of a Communication Enhanced Environment (CEE) model to promote patient engagement in language activities.

Purpose

Explore patient perceptions of a CEE model, and barriers and facilitators to engagement in the model.

Methods

A qualitative description study from a larger project that implemented a CEE model into acute and rehabilitation private hospital wards in Western Australia. Semi-structured interviews …

Independent And Interactive Associations Of Dietary Nitrate And Salt Intake With Blood Pressure And Cognitive Function: A Cross-Sectional Analysis In The Inchianti Study, Andrea M. Mcgrattan, Blossom C. M. Stephan, Oliver M. Shannon, Mohsen Mazidi, Mark Gilchrist, Miranda Smallwood, Paul Winyard, Nicholas Mcmahon, Lauren C. Blekkenhorst, Devi Mohan, Stefania Bandinelli, Louise Robinson, Luigi Ferrucci, Mario Siervo

Research outputs 2014 to 2021

Blood pressure (BP) control is a key target for interventions to reduce cognitive decline. This cross-sectional study explored associations between objective (24-hour urine excretion) and subjective (food frequency questionnaire [FFQ]) measures of dietary sodium and nitrate intakes with cognitive function and resting BP in the InCHIANTI cohort. Baseline data from 989 participants aged >50 years were included. In fully adjusted models, participants with concurrent high nitrate and low sodium (Odds Ratio (OR)=0.49, 95%CI 0.32–0.76, p = 0.001) and high nitrate and high sodium (OR = 0.49, 95%CI 0.32–0.77, p = 0.002) 24-hour urinary concentrations had lower odds of high BP …

Machine Infelicity In A Poignant Visitor Setting: Comparing Human And Ai’S Ability To Analyze Discourse, Martin Maccarthy, Hairong Shan

Research outputs 2014 to 2021

This study compares the efficacy of computer and human analytics in a commemorative setting. Both deductive and inductive reasoning are compared using the same data across both methods. The data comprises 2490 non-repeated, non-dialogical social media comments from the popular touristic site Tripadvisor. Included in the analysis is participant observation at two Anzac commemorative sites, one in Western Australia and one in Northern France. The data is then processed using both Leximancer V4.51 and Dialectic Thematic Analysis. The findings demonstrate artificial intelligence (AI) was incapable of insight beyond metric-driven content analysis. While fully deduced by human analysis the metamodel was …

Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan

Research outputs 2014 to 2021

In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in this case …

How To Phrase Critical Realist Interview Questions In Applied Social Science Research, Andreas Brönnimann

Research outputs 2014 to 2021

The tenets of critical and social realism are well supported in the literature. However, researchers following a realist paradigm have concerns about the lack of methodical guidance for qualitative interviewing, despite their affirmation about the importance of in-depth interviews. A conducted review of empirical realist literature provides evidence of an absence of guidance and commonality regarding interview planning practices. To overcome this absence, this paper composes a guiding framework to assist researchers to phrase more appropriate interview questions in realist research. The steps are founded on critical and social realist concepts while guided by methodological realist principles. Its contribution aims …

Urinary Metabotype Of Severe Asthma Evidences Decreased Carnitine Metabolism Independent Of Oral Corticosteroid Treatment In The U-Biopred Study, Stacey N. Reinke, Shama Naz, Romanas Chaleckis, Hector Gallart-Ayala, Johan Kolmert, Nazanin Z. Kermani, Angelica Tiotiu, David I. Broadhurst, Anders Lundqvist, Henric Olsson, Marika Strom, Asa M. Wheelock, Cristina Gómez, Magnus Ericsson, Ana R. Sousa, John H. Riley, Stewart Bates, James Scholfield, Matthew Loza, Frederic Baribaud, Per S. Bakke, Massimo Caruso, Pascal Chanez, Stephen J. Fowler, Thomas Geiser, Peter Howarth, Ildiko Horvath, Norbert Krug, Paolo Montuschi, Annelie Behndig, Florian Singer, Jacek Musial, Dominick E. Shaw, Barbro Dahlén, Sile Hu, Jessica Lasky-Su, Peter J. Sterk, Kian Fan Chung, Ratko Djukanovic, Sven Erik Dahlé, Ian M. Adcock, Craig E. Wheelock

Research outputs 2014 to 2021

Introduction: Asthma is a heterogeneous disease with poorly defined phenotypes. Severe asthmatics often receive multiple treatments including oral corticosteroids (OCS). Treatment may modify the observed metabotype, rendering it challenging to investigate underlying disease mechanisms. Here, we aimed to identify dysregulated metabolic processes in relation to asthma severity and medication. Methods: Baseline urine was collected prospectively from healthy participants (n=100), mild-to-moderate asthmatics (n=87) and severe asthmatics (n=418) in the cross-sectional U-BIOPRED cohort; 12–18-month longitudinal samples were collected from severe asthmatics (n=305). Metabolomics data were acquired using high-resolution mass spectrometry and analysed using univariate and multivariate methods. Results: Ninety metabolites were identified, …

Re-Formulating The Test For Ascertaining The Proper Law Of An Arbitration Agreement: A Comparative Common Law Analysis, Darius Chan, Jim Yang Teo

Research Collection Yong Pung How School Of Law

Following two recent decisions from the apex courts in England and Singapore on the appropriate methodology to ascertain the proper law of an arbitration agreement, the positions in these two leading arbitration destinations have now converged in some respects. But other issues of conceptual and practical significance have not been fully addressed, including the extent to which the true nature of the inquiry into whether the parties had made a choice of law is in substance an exercise in contractual interpretation, the applicability of a validation principle, and the extent to which the choice of a neutral seat may affect …

Ambiguous Genitalia: A Medical, Surgical, Psychiatric And Ethical Concern, Saachi M. Khanna, Anoush Sardesai Sadat, Ranjani Rammohan, Sundeep Payyanur Thotan

Manipal Journal of Medical Sciences

Disorders of Sexual Differentiation or DSDs are congenital anomalies which lead to the abnormal development of the internal and external genitalia. Our main objective in this review was to bring to light the psychiatric side of healthcare for a patient with ambiguous genitalia and DSD and create more awareness of the ethical aspects of the condition. The most important step in the management of DSD is the avoidance of prematurely designating sex or using gendered pronouns, as well as reassuring the family. Treatment is not singular, but a multidisciplinary approach. It involves medical management and surgical correction of the genitalia. …

Reasons For Home Educating In Australia: Who And Why?, Eileen Slater, Kate Burton, Dianne Mckillop

Research outputs 2014 to 2021

Home education is a legal educational option in Australia that continues to rise in popularity. This paper summarises the demographics and influences upon the decision to home educate of 385 home education families from Australia, representing 676 children who were home educated at the time of questionnaire completion. The research suggests female caregivers with higher levels of educational achievement than the general population predominantly coordinate home education. Some families eschewed mainstream education for philosophical reasons whilst others home educated due to perceived necessity. However, characteristic of both groups was the belief that the current education system was unable to provide …

Fifth Graders’ Use Of Gesture And Models When Translanguaging During A Content And Language Integrated Science Class In Hong Kong, Melanie Williams

Research outputs 2014 to 2021

Translanguaging in science includes the use of semiotic repertoires complete with non-linguistic modes of meaning (e.g. gesture, tactile) that until recently have gone unnoticed in research into content language integrated learning (CLIL). Currently, there are calls for classroom research in CLIL settings that examines the semiotic processes in the spontaneous translanguaging of emergent bilinguals. In response, this study aims to expand bilingualism research by investigating the ways in which fifth-grade emergent bilinguals’ draw from their semiotic repertoires when translanguaging in content-based science lessons. Multimodal transcriptions made from video recordings of the lessons allow a cross-case analysis of the emergent bilinguals’ …

Simple Treatment For Beauty Is Not Always The Best: A Corrective Surgery, Chun-Te Ho, Wen-Ken Tai, Chia-Tze Kao

Journal of Dental Sciences

No abstract provided.

Influence Of Different Kinematics On Stationary And Dynamic Torsional Behavior Of Jizai Nickel-Titanium Rotary Instruments: An In Vitro Study, Arata Ebihara, Myint Thu, Moe Kyaw, Satoshi Omori, Keiichiro Maki, Shunsuke Kimura, Hayate Unno, Takashi Okiji

Journal of Dental Sciences

Background/purpose Using conventional approach to examine stationary torque of nickel-titanium rotary instruments contradicts the clinical condition, and its validity for motions involving clockwise and counterclockwise rotations is questionable. This study aimed to examine the effect of different kinematics on the torsional behavior using a JIZAI instrument (#25/.04) under stationary/dynamic test conditions using clinical torque limit settings. Materials and methods In the stationary test, the 5-mm tip of JIZAI was fixed in a cylinder-shaped vise and rotated in continuous rotation (CR) with auto-torque-reverse, optimum-torque-reverse (OTR), or reciprocation (REC) until fracture (n = 10, each). In the dynamic test, straight and severe …

The Role Of Data For Ai Startup Growth, James Bessen, Stephen Michael Impink, Lydia Reichensperger, Robert Seamans

Faculty Scholarship

Artificial intelligence (“AI”)-enabled products are expected to drive economic growth. Training data are important for firms developing AI-enabled products; without training data, firms cannot develop or refine their algorithms. This is particularly the case for AI startups developing new algorithms and products. However, there is no consensus in the literature on which aspects of training data are most important. Using unique survey data of AI startups, we find that startups with access to proprietary training data are more likely to acquire venture capital funding.

Land Costs And New Housing, Michael Lewyn

Scholarly Works

Restrictive zoning limits housing supply, which (according to the law of supply and demand) increases housing costs. But some commentators argue that more permissive zoning would actually increase housing costs by increasing land costs. This article points out that if the latter claim was true, land costs would have risen in places that allowed lots of new housing and fallen in more restrictive regions such as San Francisco. In fact, land costs increased in both types of metro areas. More importantly, overall housing costs increased more rapidly in more restrictive metros.

Does Democracy Justify Zoning?, Michael Lewyn

Scholarly Works

One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.

Why Arkansas Act 710 Was Upheld, And Will Be Again, Mark Goldfeder

Scholarly Works

The recent Eighth Circuit ruling in Arkansas Times, LP v. Waldrip, a lawsuit revolving around an Arkansas state anti-discrimination bill, has been widely misreported and generally misunderstood. While the decision was actually very narrow, case-specific, and ripe for review, the misleading information presented to the public has led to speculation and fear that similar anti-discrimination legislation in dozens of other states might somehow be constitutionally deficient. This essay will clarify what actually happened in the Arkansas case, and explain why legislators and advocates around the country do not have to worry about this very limited opinion affecting the legality of …

Qualified Immunity And Unqualified Assumptions, Teressa Ravenell, Riley H. Ross Iii

Faculty Publications

No abstract provided.