Digital Commons Network^™

The Promise And Peril Of Paternalistic Approaches To Flood Risk, Alexander B. Lemann

University of Colorado Law Review

Our country's ever-growing exposure to flood risk has been the target of policy reform for decades. To many experts, it is clear that we must stop subsidizing flood-prone development and begin the process of moving people away from flood-prone areas. And yet, despite the seemingly obvious benefits of abandoning areas that will be permanently underwater in a generation, flood-prone living has been a difficult habit to kick.

Examining the problem against the background of the philosophical literature on paternalism helps show why. Paternalism- government intervention in people's choices for the good of those same people-has long been controversial. The insistence …

Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin

University of Colorado Law Review

Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary.

This Article proposes the concept of "too-easy solutions" to describe …

Can Nature Tourists Police Themselves? Comparing Eco-Pledges In The United States And Palau, Marcia Moana Levitan-Haffer

University of Colorado Law Review

No abstract provided.

Robophobia, Andrew Keane Woods

University of Colorado Law Review

Robots-machines, algorithms, artificial intelligence-play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly become concerned with the fairness, accuracy, and humanity of these systems. Indeed, anxiety about machine bias is at a fever pitch. While these concerns are important, they nearly all run in one direction: we worry about robot bias against humans; we rarely worry about human bias against robots.

This is a mistake. Not because robots deserve, in some deontological sense, to be treated fairly-although that may be true-but because our bias against nonhuman deciders is bad for us. For example, …

Leveling Up To A Reasonable Woman's Expectation Of Privacy, Victoria Schwartz

University of Colorado Law Review

Various privacy law doctrines involve a reasonable expectation of privacy or similar analyses that take into account social privacy norms. For the most part, however, neither courts nor scholars have explicitly grappled with whether courts descriptively do or normatively should consider gender in deciding what constitutes a reasonable expectation of privacy. This is despite the fact that, in various scenarios, a reasonable woman’s expectation of privacy might vary from a man’s in light of different lived experiences, biological differences, and existing societal gendered privacy norms.

This Article addresses how courts do and should take into account a reasonable woman’s expectation …

One Step Forward, Two Steps Back: How Attorney General Review Undermines Our Immigration Adjudication System, Emma K. Carroll

University of Colorado Law Review

No abstract provided.

Ball Never Lies: How Guaranteed Contracts Provide Nba Players More Security Than Nfl Players To Advocate For Social Justice, Matthew Epstein

University of Colorado Law Review

No abstract provided.

Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson

University of Colorado Law Review

The following work contains three monologues from Motus Theater's UndocuAmerica Project, which aims to interrupt dehumanizing portrayals of immigrants by encouraging thoughtful engagement on the challenges faced by undocumented communities and the assets immigrants bring to our country. The monologues were created in a collaboration between leaders with DACA status and Motus Theater Artistic Director Kirsten Wilson during a seventeen-week autobiographical- monologue workshop. All three pieces were presented in a virtual performance on April 8, 2021, as an introduction to the 29th Annual Rothgerber Conference.

The Immigration Court: Zigzagging On The Road To Judicial Independence, Mimi Tsankov

University of Colorado Law Review

The Article will begin by outlining the basic structure of the existing system and identifying some of the key changes that have impacted IJs (Immigation Judges) on the bench, which have driven us to a moment in history that many argue is our most tenuous. Part I will offer a brief overview of our court structure for context. Part II will explain how, after a tumultuous five years, Immigration Courts are currently significantly tarnished such that rehabilitation of the existing system may serve a short-term purpose but will inevitably fail to address the larger, fundamental inequities that result from a …

The Failures Of Good Moral Character Determinations For Naturalization, Zachary New

University of Colorado Law Review

This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.

Making The Most Of Program Evaluation Data: Understanding Human Services Professionals’ Well-Being Through Qualitative Secondary Analysis, Elizabeth Ann Deaton Wacker

Electronic Theses and Dissertations

Qualitative secondary analysis (QSA) allows researchers to explore new research questions and ensure that participants’ voices are heard to the greatest extent possible, without the burdens of additional data collection. However, this approach is rarely used outside of the health sciences, and little guidance exists in the literature about how to conduct QSA. This study is a secondary analysis of qualitative program evaluation data related to the well-being of human services professionals from two fields: child welfare and early care and education (ECE). It explores these professionals’ well-being, as well as the methodological issues of how well-being has been addressed …

Effect Of Naloxegol On Opioid-Induced Esophageal Motility Disorder, Crista Ulteig, Kristin Ciezki, Megan Jacobson, Maharaj Singh, Tarun Sharma

College of Nursing Faculty Research and Publications

Opioid effects on lower gastrointestinal motility are well documented, and increasing attention is being paid to their effect on esophageal motility. Naloxegol is a µ-opioid receptor antagonist that is used for opioid-induced constipation, but its impact on esophageal motility has not been well documented. We report a case series of 3 patients with coexisting esophageal dysmotility and constipation on chronic opioids that improved both symptoms after starting naloxegol. Based on these observational studies, we propose that formal studies be conducted to assess the effect of naloxegol on opioid-induced esophageal dysmotility.

Molecular Detection Of Novel Anaplasma Sp. And Zoonotic Hemopathogens In Livestock And Their Hematophagous Biting Keds (Genus Hippobosca) From Laisamis, Northern Kenya, Daniel M. Mwaki, Kevin O. Kidambasi, Johnson Kinyua, Kenneth Ogila, Collins Kigen, Dennis Getange, Jandouwe Villinger, Daniel K. Masiga, Mark Carrington, Joel L. Bargul

All Peer-Reviewed Publications

Background: Livestock are key sources of livelihood among pastoral communities. Livestock productivity is chiefly constrained by pests and diseases. Due to inadequate disease surveillance in northern Kenya, little is known about pathogens circulating within livestock and the role of livestock-associated biting keds (genus Hippobosca) in disease transmission. We aimed to identify the prevalence of selected hemopathogens in livestock and their associated blood-feeding keds. Methods: We randomly collected 389 blood samples from goats (245), sheep (108), and donkeys (36), as well as 235 keds from both goats and sheep (116), donkeys (11), and dogs (108) in Laisamis, Marsabit County, northern Kenya. …

Spontaneous Parthenogenesis In The Parasitoid Wasp Cotesia Typhae: Low Frequency Anomaly Or Evolving Process?, Claire Capdevielle Dulac, Romain Benoist, Sarah Paquet, Paul André Calatayud, Julius Obonyo, Laure Kaiser, Florence Mougel

All Peer-Reviewed Publications

Hymenopterans are haplodiploids and unlike most other Arthropods they do not pos-sess sexual chromosomes. Sex determination typically happens via the ploidy of individ-uals: haploids become males and diploids become females. Arrhenotoky is believed to be the ancestral reproduction mode in Hymenopterans, with haploid males produced parthenogenetically, and diploid females produced sexually. However, a number of transitions towards thelytoky (diploid females produced parthenogenetically) have appeared in Hymenopterans, and in most cases populations or species are either totally arrhenotok-ous or totally thelytokous. Here we present the case of Cotesia typhae (Fernandez-Triana), a Braconidae that produces parthenogenetic females at a low frequency. The …

Nitrogen Use Efficiency Trends For Sustainable Crop Productivity In Lake Victoria Basin: Smallholder Farmers' Perspectives On Nitrogen Cycling, Winnie Ntinyari, Joseph Gweyi-Onyango, Mekonnen Giweta, Benson Mochoge, James Mutegi, Generose Nziguheba, Cargele Masso

All Peer-Reviewed Publications

Nitrogen Use Efficiency (NUE) is one of the established metrics for benchmarking management of Nitrogen (N) in various systems. Numerous approaches to calculateNUEexist, making it difficult to compare the performances of systems depending on the methodology used. This study adopted the conceptualized framework by European Union Nitrogen Expert Panel (EUNEP) to calculateNUE values for cereal crops to determine future trends for the first time in the Lake Victoria region. Data were collected through in-person interviews among maize and rice smallholder farmers within the Lake Victoria region. Atotal of 293 observations were recorded. Collected data on yield andNfertilizer were used to …

Survival Rate, Blood Feeding Habits And Sibling Species Composition Of Aedes Simpsoni Complex: Implications For Arbovirus Transmission Risk In East Africa, Winnie W. Kamau, Rosemary Sang, Edwin O. Ogola, Gilbert Rotich, Caroline Getugi, Sheila B. Agha, Nelson Menza, Baldwyn Torto, David P. Tchouassi

All Peer-Reviewed Publications

Aedes simpsoni complex has a wide distribution in Africa and comprises at least three described sub-species including the yellow fever virus (YFV) vector Ae. bromeliae. To date, the distribution and relative contributions of the sub-species and/or subpopulations including bionomic characteristics in relation to YF transmission dynamics remain poorly studied. In this study conducted in two areas with divergent ecosystems: peri-urban (coastal Rabai) and rural (Rift Valley Kerio Valley) in Kenya, survival rate was estimated by parity in Ae. simpsoni s.l. mosquitoes sampled using CO2-baited BG Sentinel traps. We then applied PCR targeting the nuclear internal transcribed spacer 2 (ITS2), region …

Potential Of Entomocomposting Toward Soil Pathogen Suppression, Dennis Beesigamukama, María Gómez-Brandón, Chrysantus Mbi Tanga

All Peer-Reviewed Publications

Waste accumulation and microbial pollution are key environmental challenges in most developing countries. Land filling, the commonest waste disposal method, is not sustainable due to land scarcity and point source pollution. Thus, a large fraction of organic wastes is not properly disposed, yet the conventional methods of waste recycling are less effective. The degradation of waste using insect life stages (entomocomposting) has emerged as a novel tool that is fast, affordable, and sustainable in recycling organic wastes with maximum pathogen suppression. This bioconversion process also generates an organic fertilizer with potential to enhance soil remediation and provide additional benefits on …

The Combat Project: Controlling And Progressively Minimizing The Burden Of Vector-Borne Animal Trypanosomosis In Africa, Alain Boulangé, Veerle Lejon, David Berthier, Sophie Thévenon, Geoffrey Gimonneau, Marc Desquesnes, Samuel Abah, Prudenciène Agboho, Kalinga Chilongo, Tsegaye Gebre, Assane Gueye Fall, Dramane Kaba, Stefan Magez, Daniel Masiga, Enock Matovu, Aldjibert Moukhtar, Luis Neves, Pamela A. Olet, Soumaïla Pagabeleguem, William Shereni, Brice Sorli, Moeti O. Taioe, María Teresa Tejedor Junco, Rehab Yagi, Philippe Solano, Giuliano Cecchi

All Peer-Reviewed Publications

Vector-borne diseases affecting livestock have serious impacts in Africa. Trypanosomosis is caused by parasites transmitted by tsetse flies and other blood-sucking Diptera. The animal form of the disease is a scourge for African livestock keepers, is already present in Latin America and Asia, and has the potential to spread further. A human form of the disease also exists, known as human African trypanosomosis or sleeping sickness. Controlling and progressively minimizing the burden of animal trypanosomosis (COMBAT) is a four-year research and innovation project funded by the European Commission, whose ultimate goal is to reduce the burden of animal trypanosomosis (AT) …

Intensity Of Adoption Of Integrated Pest Management Practices In Rwanda: A Fractional Logit Approach, Vincent Gadamba Misango, Jonathan Makau Nzuma, Patrick Irungu, Menale Kassie

All Peer-Reviewed Publications

The push-pull technology (PPT) is considered as an alternative integrated pest management strategy for the control of fall armyworm and stemborer, among smallholder maize farmers in sub-Sahara African to conventional pesticides. However, the extent of PPT use in Rwanda where the technology was introduced in 2017 remains largely unexplored. This paper employed a fractional logit model to assess the factors influencing the intensity of adoption of PPT among smallholder maize farmers in Gatsibo and Nyagatare districts of Rwanda using survey data obtained from 194 PPT adopter households selected using a cluster sampling technique. While only 5 percent of smallholder farmers …

The Potential Economic Benefits Of Insect-Based Feed In Uganda, Zewdu Abro, Ibrahim Macharia, Kelvin Mulungu, Sevgan Subramanian, Chrysantus Mbi Tanga, Menale Kassie

All Peer-Reviewed Publications

Black soldier fly farming is gaining traction globally as a strategy for recycling organic waste into high-quality proteins and fat for feed and organic fertilizer for crop production. The support of governments in East Africa to integrate insect meal in livestock feed has opened opportunities for commercializing insect products. Understanding the potential value of Black soldier fly larvae meal (BSFLM) is paramount to inform policies and practices to promote insect farming and insect-based feed for livestock production. This paper uses the economic surplus method to generate evidence on the potential socioeconomic impact of replacing conventional soybean and fish meal protein …

Mass Production Of Entomopathogens In Less Industrialized Countries, David Grzywacz, Sean Moore, Belinda Luke, Sevgan Subramanian, David Moore, R. J. Rabindra

All Peer-Reviewed Publications

Production of entomopathogenic agents as biopesticides, mainly fungal and some viral agents, has been established in many countries of Asia, South America and Africa using low technology approach, often by small to medium scale producers. While these reduced technology systems can generate effective products, these systems require the application of appropriate production methodology and rigorous monitoring if the appropriate quality and safety standards are to be reached. The role of governments in creating and maintaining a policy and regulatory environment that promotes local entomopathogen (EP) production, marketing and use remains important for success. The wider adoption of EP products in …

Revision Of The Endemic African Genus Dinapsis (Dinapsini, Megalyridae, Hymenoptera) With Description Of Seven New Species, Simon Van Noort, Scott Richard Shaw, Robert S. Copeland

All Peer-Reviewed Publications

The endemic Afrotropical genus Dinapsis is revised, and seven new species are described and illustrated: D. bicolor van Noort & Shaw, sp. nov., D. gamka van Noort & Shaw, sp. nov., D. igneus van Noort & Shaw, sp. nov., D. spinitibia van Noort & Shaw, sp. nov., D. taita van Noort & Shaw, sp. nov., D. tricolor Shaw & van Noort, sp. nov., D. zulu Shaw & van Noort, sp. nov. The distribution of the Central African Republican species D. centralis Shaw & van Noort, 2009 is extended to include Cameroon, Kenya and Uganda. Dinapsis turneri Waterston, 1922, previously only …

The Alchemy Of Effective Auditor Regulation, Sarah J. Williams

Lewis & Clark Law Review

The audit profession has repeatedly failed in its obligation to accurately opine on financial statements prepared by companies that trade in U.S. markets. The list of entities that have contributed to the quest for effective regulation of these auditors is long; it includes the American Institute of Certified Public Accountants (AICPA), the U.S. Securities and Exchange Commission (SEC), Congress, outside directors of public companies, and the Public Company Accounting Oversight Board (PCAOB), a recent congressional creation. Yet, despite 50 years of effort, the formula for efficacious oversight of the audit profession remains elusive.

This Article is the first in a …

South Africa’S Reformed Investment Regime As A Model For Developing Countries, John Mayer

Lewis & Clark Law Review

Beginning in 2012, South Africa decided to unilaterally terminate many Bilateral Investment Treaties (BITs) with European countries—this represented a departure from the 1990s, where South Africa, like many other developing countries, entered into BITs with wealthy, capital-exporting states in the hopes of attracting foreign direct investment. In 2015, South Africa enacted, in place of the BITs, the Protection of Investment Act, designed to protect foreign investors while also providing the state more freedom to regulate in the public interest. This Comment analyzes the history of South Africa’s BIT policy, and argues that South Africa has suffered minimally, if at all, …

The Promise Of Patent-Backed Finance For Smes And Universities, And Shifting Patent Eligible Subject Matter, Mattias Karlsson Dinnetz, Michael S. Mireles

Lewis & Clark Law Review

This Article reviews and addresses some of the problems concerning adequate capital to develop patented inventions and products, and inhibiting the widespread use of patents to raise financing. The Article divides the IP finance market into three separate, but interrelated markets and analyzes problems, including U.S. patent-eligible subject matter doctrine, within those markets impeding patent-backed financing. The Article provides numerous proposals, some of which are in the literature, and calls for additional research for addressing the issues.

Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas

Lewis & Clark Law Review

This Article provides the first comprehensive analysis of the numerous election law cases that the Supreme Court and the federal appellate courts decided in the lead up to the 2020 election. The picture is bleak. Instead of protecting the constitutional right to vote, the Supreme Court and lower federal appeals courts unduly deferred to state legislatures in how to run the election, with little concern for the difficulties voters faced during a pandemic. If the courts do not alter their jurisprudence, then the only solution may be robust federal legislation or a constitutional amendment that enshrines the right to vote …

Radiation Of Meningioma Dural Tail May Not Improve Tumor Control Rates., Keenan Piper, Siyuan Yu, Mohammad Taghvaei, Christian Fernandez, Nikolaos Mouchtouris, Rupert D Smit, Clifford Yudkoff, Sarah Collopy, Maikerly Reyes, Pascal Lavergne, Michael Karsy, Giyarpuram Prashant, Wenyin Shi, James J. Evans

Student Papers, Posters & Projects

Introduction: Dural tails are thickened contrast-enhancing portions of dura associated with some meningiomas. Prior studies have demonstrated the presence of tumor cells within the dural tail, however their inclusion in radiation treatment fields remains controversial. We evaluated the role of including the dural tail when treating a meningioma with stereotactic radiation and the impact on tumor recurrence.

Methods: This is a retrospective, single-institution, cohort study of patients with intracranial World Health Organization (WHO) grade 1 meningioma and identified dural tail who were treated with stereotactic radiosurgery (SRS) or fractionated stereotactic radiotherapy (FSRT) from January 2012 to December 2018. SRS and …

Intolerance Of Uncertainty And Self-Compassion In Medical Students: Is There A Relationship And Why Should We Care?, Maria Poluch, Jordan Feingold-Link, Dimitrios Papanagnou, Jared Kilpatrick, Deborah Ziring,, Nethra S. Ankam, Md

Student Papers, Posters & Projects

Managing the uncertainty of clinical practice represents a significant source of stress for clinicians, including medical students transitioning into the clinical workplace. Self-compassion, a strategy to better cope with stress and burnout, may represent a skill that can be leveraged to better prepare learners for the uncertainty inherent in clinical practice. A negative correlation between intolerance of uncertainty and self-compassion has been demonstrated in undergraduate students and in the general population. An examination of this relationship in medical students may help inform future curricular development for addressing burnout in undergraduate medical education. We electronically administered the Intolerance of Uncertainty Short …

Exploring How Public Health Partnerships With Community-Based Organizations (Cbos) Can Be Leveraged For Health Promotion And Community Health., Senila Yasmin, Rayna Haque, Kaneza Kadambaya, Marzia Maliha, Maha Sheikh

Student Papers, Posters & Projects

The Academic Public Health Corps (APHC) works to support local public health in Massachusetts through varying models of collaboration. In the setting of the COVID-19 pandemic, one initiative of the APHC has been to partner with community-based organizations (CBOs) to address vaccine hesitancy and improve overall community health. The purpose of this article is to share how the APHC partnered with CBOs in Massachusetts to address COVID-19 concerns within their respective communities, and present strategies to empower communities, share resources, and increase health promotion. The APHC partnered with 2 CBOs who received the Massachusetts COVID-19 Community Grants distributed by Health …