Digital Commons Network^™

Testimony Before The Commission On Native Children, Matthew L.M. Fletcher

Other Publications

This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act. I make several recommendations:

The Commission should recommend that Congress amend ICWA to provide for effective enforcement mechanisms. Those amendments could include (1) the establishment of express rights to bring interlocutory appellate court actions at more key points in state court child welfare matters, (2) the availability of attorney fees awards for Indian parents and Indian tribes in the event that a state or …

Mich. Ruling Widens Sentencing Protections For Young Adults, Kimberly A. Thomas

Other Publications

On July 28, the Michigan Supreme Court held that the mandatory imposition of a life-without-parole sentence on an 18-year-old violated the state constitution.

This decision expands the protections provided for young defendants by the U.S. Supreme Court in Miller v. Alabama and builds on a nascent trend that provides additional constitutional and statutory protections for young people over 17 years old who are charged with serious offenses.

Blood Meal Analysis And Arbovirus Detection In A Sylvatic Aedes Chaussieri At Oloolua Forest, Kenya, Robinson Okoth Kisero Okiro

All Master’s Theses

Arboviral pathogens are a growing public health problem especially in Africa. Bridge vectors facilitate virus transmission to humans from forest or sylvatic environments although the species involved are not fully understood. In this study, we investigated the role of Aedes chaussieri in sylvatic arboviral transmission cycle. Archived samples collected from the Oloolua Forest in the outskirts of Nairobi, Kenya, were analyzed in pools for viruses by cell culture in Vero Cells followed by RT-PCR and sequencing. Blood-fed specimens were processed for host meal sources by PCR and sequencing of a portion of the mitochondrial 12S ribosomal RNA gene. Viral screening …

Fault Slip-Rates And Coulomb Stress Interactions In The Intersection Zone Of The Hope, Kelly And Alpine Faults, South Island, New Zealand, Jessie L. Vermeer, Mark C. Quigley, Robert M. Langridge, Brendan G. Duffy, Zoë K. Mildon, Manuel Lukas Diercks

School of Geography, Earth and Environmental Sciences

Plate boundary faulting in New Zealand's South Island involves transfer of ∼50% of slip from the largest fault (Alpine Fault) onto the Hope-Kelly Fault system through a structurally complex fault intersection zone. The slip-rate contributions of faults within the Hope-Kelly system and possible role of static stresses in facilitating slip transfer are explored in this study. Lidar-based geomorphic and fault mapping combined with luminescence dating of fault-proximal sedimentary deposits constrain post-last glacial slip-rates on the Hope and Kelly faults. Dextral slip-rates on the central Hope Fault (12–15 mm/yr) decrease westward on the Taramakau section from 5.6 (+2.1/−0.7) mm/yr to 1.7 …

Evaluation Of A Multicomponent Oral Health Education Intervention In A Vulnerable Infant Population: A Mixed Methods Study, Nicole Thomas

Peninsula Dental School Theses

Policy makers and researchers have recommended that oral health initiatives should target primary caregivers in the first year of life to reduce the risk of early childhood caries. Approaches using mobile technologies for oral health are now being endorsed by the World Health Organisation. This mixed methods exploratory study examined the feasibility, acceptability and effectiveness of engaging and delivering a multicomponent oral health education intervention to vulnerable caregivers in the first year of their infant’s life. The study explored three engagement approaches: in-person (IP), a social messaging platform (two-way text messaging and/or a social messaging group) (SMP), or both (IP-SMP). …

Modern Authorities From Brandies To Brnovich: For Jurists Who Have Considered Social Science / When Doctrine Was Not Enough, Jeremiah Chin

Articles

While the Supreme Court is the final authority on the Constitution, its interpretations increasingly turn to outside, non-legal sources to authoritatively support its conclusions of law and fact. Particularly in cases involving racial discrimination, the Court relies on social science data presented by the trial record, amicus curiae, or its own research. However, the Court lacks explicit rules or methods of analysis for these data. To remedy this gap in analysis, this article proposes a critical methodology for analyzing the use of social science data in cases involving race. By outlining a historiography of the Court's invocation of extrinsic data, …

The Landscape Of Startup Corporate Governance In The Founder-Friendly Era, Jennifer S. Fan

Articles

In corporate governance scholarship, there is an important debate about the nature and roles of the members of the board of directors in venture capital-backed private companies. The impact of a newly emerged, founder-centric model has been underappreciated, while the role of the independent director as tiebreaker or swing vote is vastly overstated. The reality is that corporate governance in these companies is a norm-driven, consensus-building process that rarely spills out into open conflict.

This is the first empirical study of startup corporate governance post-Great Recession and during the pandemic. Using survey and interview methodologies, this Article makes four primary …

Terrified By Technology: How Systemic Bias Distorts U.S. Legal And Regulatory Responses To Emerging Technology, Steve Calandrillo, Nolan Kobuke Anderson

Articles

Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic bias we must acknowledge that it is pervasive and extends beyond the contexts of race, privilege, and economic status. Understanding all forms of systemic bias helps us to better understand ourselves and our shortcomings. At first glance, a human bias against emerging technology caused by systemic risk misperception might seem uninteresting or unimportant. But this Article demonstrates how the presence of systemic bias anywhere, even in an …

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang

Articles

No abstract provided.

The Supreme Court’S Chief Justice Of Intellectual Property Law, Bob Gomulkiewicz

Articles

Justice Clarence Thomas is one of the most recognizable members of the United States Supreme Court. Many people recall his stormy Senate confirmation hearing and notice his fiery dissenting opinions that call on the Court to reflect the original public meaning of the Constitution. Yet observers have missed one of Justice Thomas’s most significant contributions to the Court—his intellectual property law jurisprudence. Justice Thomas has authored more majority opinions in intellectual property cases than any other Justice in the Roberts Court era and now ranks as the most prolific author of patent law opinions in the history of the Supreme …

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”^[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …

Incentivizing Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This Article advocates for a new approach to incentivizing innovation through the design of ex post tax incentives for research and development (R&D) investment. In contrast to many nations, the United States relies largely on ex ante tax incentives, namely a tax deduction and tax credit for qualified R&D spending. Fundamental design flaws exist with these ex ante incentives; moreover, innovation occurs continuously and yields results at the back end of the innovation cycle. An appropriate framework should take into consideration the key players in the innovation landscape. These players are often treated differently under the tax laws such that …

The Hidden Harms Of Privacy Penalties, Mary D. Fan

Articles

How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …

Unravelling Inventorship, Toshiko Takenaka

Articles

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventorto- file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …

Revitalizing Conservation And Management Of The American Crocodile (Crocodylus Acutus) In The Dominican Republic, Robert Greco

UNF Graduate Theses and Dissertations

Crocodilian populations declined globally during the 20^th century because of overhunting and habitat loss. Some crocodilian populations have recovered recently through legal protections and habitat restoration, but the status of many crocodilian populations are still unknown because of a lack of recent data. The American crocodile (Crocodylus acutus) population in the Dominican Republic (DR) is one of these data-deficient populations, with country-wide surveys not carried out since the 1980s. From May through July 2021 we surveyed areas within DR where C. acutus is still likely residing. Our surveys yielded no crocodile sightings in Monte Cristi, suggesting that …

Gender Differences In Academic Self-Concept, Perfectionism, And Math Performance Among First-Year Stem And Non-Stem Students, Jessica Lewis

UNF Graduate Theses and Dissertations

The primary goal of this research was to compare academic self-concepts and adaptive and maladaptive perfectionistic tendencies as they relate to differences in mathematics performance of first-year undergraduate students’ gender and major (STEM or non-STEM). One hundred and ninety-nine first-year undergraduate students completed self-reported questionnaires including the Frost Multidimensions Perfectionism Scale, the academic self-concept scale of the Personal and Academic Self-Concept Scale (PASCI), and a math performance measure consisting of practice SAT questions. This study utilized correlational, multivariate analyses of variances (MANOVA), and multiple regression techniques. MANOVA results revealed a main effect of gender on all variables and a marginally …

Painting, Playing, Personas: Inserting Change In An Established Painting Practice, Robyn Jean Thomas

School of Law, Humanities and Social Sciences Theses

This doctoral research project explores the impact and changes alternative identities —personas— and a play-based method have on my established painting practice while disentangling it from the belief that a single identity authentically makes a painting art. Its methodology provides a path to answering how using personas with 'play' within a painting practice form strategies meeting this project's aims. Three personas were created and applied across the first two stages of the studio inquiry using my painting practice's methods, including reiteration. In the third stage, continuing to paint independent of the personas, their impact and that of the infinite play …

Developing An Integrated Multilevel Model Of Uncertainty In Health Care: A Qualitative Systematic Review And Thematic Synthesis, Prashanti Eachempati, Roland Brian Büchter, Kiran Kumar Ks, Sally Hanks, John Martin, Mona Nasser

Peninsula Dental School

Introduction Uncertainty is an inevitable part of healthcare and a source of confusion and challenge to decision-making. Several taxonomies of uncertainty have been developed, but mainly focus on decisions in clinical settings. Our goal was to develop a holistic model of uncertainty that can be applied to both clinical as well as public and global health scenarios.Methods We searched Medline, Embase, CINAHL, Scopus and Google scholar in March 2021 for literature reviews, qualitative studies and case studies related to classifications or models of uncertainty in healthcare. Empirical articles were assessed for study limitations using the Critical Appraisal Skills Programme (CASP) …

Information About Law School, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Microsoft Defender Will Be Defended: Memoryranger Prevents Blinding Windows Av, Denis Pogonin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Windows OS is facing a huge rise in kernel attacks. An overview of popular techniques that result in loading kernel drivers will be presented. One of the key targets of modern threats is disabling and blinding Microsoft Defender, a default Windows AV. The analysis of recent driver-based attacks will be given, the challenge is to block them. The survey of user- and kernel-level attacks on Microsoft Defender will be given. One of the recently published attackers’ techniques abuses Mandatory Integrity Control (MIC) and Security Reference Monitor (SRM) by modifying Integrity Level and Debug Privileges for the Microsoft Defender via syscalls. …

Optimizing Model Observer Performance In Learning-Based Ct Reconstruction, Gregory Ongie, Emil Y. Sidky, Ingrid S. Reiser, Xiaochuan Pan

Mathematical and Statistical Science Faculty Research and Publications

Deep neural networks used for reconstructing sparse-view CT data are typically trained by minimizing a pixel- wise mean-squared error or similar loss function over a set of training images. However, networks trained with such losses are prone to wipe out small, low-contrast features that are critical for screening and diagnosis. To remedy this issue, we introduce a novel training loss inspired by the model observer framework to enhance the detectability of weak signals in the reconstructions. We evaluate our approach on the reconstruction of synthetic sparse-view breast CT data, and demonstrate an improvement in signal detectability with the proposed loss.

Guide Sur La Protection Respiratoire, Capucine Ouellet, Charles Labrecque

Guides

No abstract provided.

Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise

Touro Law Review

Society has a distorted view of those battling addiction and essentially marks them with a sign of disgrace; however, what society may not fully understand is that addiction is a disability beyond the afflicted individual’s control. The National Survey on Drug Use and Health indicates that 19.7 million Americans have battled a substance use disorder in their life. Of the 19.7 million Americans who battled illicit substance use disorders, approximately seventy-four percent also struggled with alcohol use disorder.

Based on these statistics, it is clear that illicit drug use disorders are often interconnected with alcohol use disorders. However, Congress makes …

You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis

Touro Law Review

The right to remain silent has long been recognized by the Supreme Court as requiring a high degree of protection. Since Miranda v. Arizona was decided in 1966, procedural safeguards have been put in place to inform individuals of this right upon arrest. Yet, a gray area exists when it comes to the use of an individual's silence post-arrest. It may surprise some that a point in time exists when an individual has not yet been read their Miranda rights post-arrest. Several circuit courts have taken the position that any silence that follows arrest but precedes the reading of Miranda …

Baby, We Were Born This Way: The Case For Making Sexual Orientation A Suspect Classification Under The Equal Protection Clause Of The Fourteenth Amendment, Jennifer R. Covais

Touro Law Review

Currently, the Equal Protection clause of the Fourteenth Amendment of the U.S. Constitution provides minimal constitutional safeguards against discrimination based on sexual orientation. Laws that treat queer Americans differently than their straight counterparts are presumptively constitutional if those laws bear a rational relationship to any legitimate government interest. Consequently, states may limit same-goods and services of certain businesses, and qualify for government programs. The Supreme Court established enhanced equal protection guarantees for classifications based on race, ethnicity, and national origin which are deemed suspect classifications. These classifications will only survive judicial review if the government proves the law is necessary …

Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment, Amanda Pendel

Touro Law Review

18 U.S.C. § 922(g)(4) imposes a lifetime ban on those who have been involuntarily committed to a mental institution from purchasing, or possessing a firearm, regardless of an extended passage of time, or a finding that the individual is unlikely to pose a danger to themselves or the public. Three circuits have created a split concerning the constitutionality of this statute. The Third Circuit held in Beers v. Attorney General United States that those involuntarily committed were outside of the scope of the Second Amendment; therefore, the § 922(g)(4)’s categorical ban is constitutional. Next, the Ninth Circuit in Mai v. …

End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.

Touro Law Review

The best end of life care is always that which aligns with the wishes and values of the incapacitated person. For individuals with the capacity to execute advance directives, these documents and conversations with appointed surrogates are the clearest way to make care values known. However, the time, access, and ability to engage in advance planning is not an opportunity equally afforded.For those without advance directives and now involved in a guardianship proceeding, the party petitioning or otherwise involved in the case should consider addressing end of life decision-making directly in the guardianship hearing when major medical decision-making power may …

Safeguarding The Public: Why Workers’ Rights Education Should Be Required Learning For Nurses, Esperanza N. Sanchez

Touro Law Review

Nurses are integral to the delivery of quality health care in this country. They set aside their own needs and fears to provide care and other social services to people across a multitude of settings, taking on the burdens and stresses of others. However, our profit-driven health care system incentivizes employers to maximize productivity at reduced costs by asking nurses to do more with less. Nurses are expected to endure harsh working conditions, proven to be harmful to the nurses’ health and well-being, despite evidence showing that poor working conditions can lead to poor patient outcomes.

There are numerous worker …

Is Extraterritoriality The Golden Ticket Out Of Corporate Liability? How The Modern-Day Willy Wonka’S Chocolate Factory Evaded Liability Under The Alien Tort Statute In Nestlé V. Doe, Alyaa Chace

Touro Law Review

The Alien Tort Statute (“ATS”) was drafted as part of the Judiciary Act of 1789. It was intended to provide federal courts with the jurisdiction to hear civil actions brought by foreign plaintiffs for torts committed in violation of the law of nations or other United States treaty. After a two-hundred-year dormancy period, the Statute has since been revived and become a vehicle by which foreign plaintiffs seek redress for environmental and human rights offenses carried out on foreign soil, often at the hands of United States corporations. However, the Supreme Court continues to limit the reach of the Statute, …