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 …

Removal Of Context: Blackstone, Limited Monarchy, And The Limits Of Unitary Originalism, Jed Handelsman Shugerman

Faculty Scholarship

The Supreme Court's recent decisions that the President has an unconditional or indefeasible removal power rely on textual and historical assumptions and a "removal of context." This article focuses on the "executive power" part of the Vesting Clause and particularly the unitary theorists' misuse of Blackstone. Unitary executive theorists overlook the problems of relying on England's limited monarchy: the era's rise of Parliamentary supremacy over the Crown and its power to eliminate or regulate (i.e., make defeasible) royal prerogatives. Unitary theorists provide no evidence that executive removal was ever identified as a "royal prerogative" or a default royal power. The …

The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's The Specter Of Dictatorship: Judicial Enabling Of Presidential Power (2021), Jed Handelsman Shugerman

Faculty Scholarship

In "The Specter of Dictatorship: Judicial Enabling of Presidential Power," David Driesen questions the unitary executive theory and other doctrines of unchecked executive power. He offers primarily a critique of purposivism, a mix of original public meaning and more recent history illuminating those purposes: the Founders’ anti-tyranny purpose and then the rise of European tyranny from Nazi Germany to contemporary Hungary, Turkey, and Poland.
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/="/">This review first focuses on Driesen’s approach to Congress: He identifies the broad congressional delegation of powers to the president as a source of expansive executive power, but he does not entertain that doctrines …

Fast Cbt For Pediatric Ocd: A Multiple-Baseline Controlled Pilot Trial Of Parent Training In Exposure And Response Prevention Delivered, Lara J Farrell, Natalja A Nabinger De Diaz, Sharna Mathieu, Matthew L Mckenzie, Taka Miyamoto, Caroline L Donovan, Allison M Waters, Sonja March, Nicole Bothma, Rianca Kroon, Gabrielle Simcock, Robert S Ware, Robert R Selles, Eric A Storch, Thomas Ollendick

Center for Medical Ethics and Health Policy Staff Publications

Objective: The current study utilized a single case series, non-concurrent multiple baseline design to examine the efficacy of training parents via telehealth videoconferencing in exposure and response prevention (ERP) for home delivery of the treatment for their children and adolescents with obsessive compulsive disorder (OCD).

Method: There were nine participants aged 8 to 14 years who had received a primary diagnosis of OCD. The design involved a series of AB replications, whereby following pre-treatment assessments participants were randomly assigned to either a 2-week (n = 4) or 3-week (n = 5) baseline condition with weekly monitoring of their …

Who Benefits?: How The Aia Hurt Deceptively Non-Joined Inventors, Jordana N. Goodman

Faculty Scholarship

Congress enacted the America Invents Act (“AIA”) to bolster economic development, sustain American innovation, and protect American jobs. This pro-business legislation, however, overlooked one actor critical to any successful innovation endeavor: the inventor. The AIA created access barriers, preventing inventors from efficiently and effectively seeking the entire remedy spectrum to which they are entitled. Paul Morinville and others have opined that the new first-to-file system put small inventors out of business, naming the AIA the single worst disaster in the history of the U.S. patent system. Beyond the filing and subject matter changes, the AIA created fundamental access to justice …

Ms. Attribution: How Authorship Credit Contributes To The Gender Gap, Jordana Goodman

Faculty Scholarship

Misattribution plagues the practice of law in the United States. Seasoned practitioners and legislators alike will often claim full credit for joint work and, in some cases, for the entirety of a junior associate’s writing. The powerful over-credit themselves on legislation, opinions, and other legal works to the detriment of junior staff and associates. The ingrained and expected practice of leveraging junior attorneys as ghost-writers is, to many, unethical. But it presents a distinct concern that others have yet to interrogate: misattribution disparately impacts underrepresented members of the legal profession.

This Article fills that space by offering a quantitative analysis …

Delaware's Dominance, Wyoming's Dare: New Challenge, Same Outcome?, Pierluigi Matera

Faculty Scholarship

Despite increasing criticism, Delaware's dominance in corporate law has not experienced a significant decline: as of today, 67.8 percent of Fortune 500 companies are still incorporated in its jurisdiction. Nevada is known as Delaware's most important competitor, with an aggressive strategy that has overridden the efforts of any other jurisdiction. Yet, its success has been limited to a specific market segment: small firms with low institutional shareholding and high insider ownership.

Scholars suggest several explanations for both the rise and the staying power of Delaware. These explanations are essentially subsumed under the credible commitment theory and the network theory. According …

Systematic Review To Evaluate Algorithms For Reboa Use In Trauma And Identify A Consensus For Patient Selection., Amelia Walling Maiga, Rishi Kundi, Jonathan James Morrison, Chance Spalding, Juan Duchesne, John Hunt, Jonathan Nguyen, Elizabeth Benjamin, Ernest E Moore, Ryan Lawless, Andrew Beckett, Rachel Russo, Bradley M Dennis

Trauma and Acute Care Articles

BACKGROUND: Patient selection for resuscitative endovascular balloon occlusion of the aorta (REBOA) has evolved during the last decade. A recent multicenter collaboration to implement the newest generation REBOA balloon catheter identified variability in patient selection criteria. The aims of this systematic review were to compare recent REBOA patient selection guidelines and to identify current areas of consensus and variability.

METHODS: In accordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, we conducted a systematic review of clinical practice guidelines for REBOA patient selection in trauma. Published algorithms from 2015 to 2022 and institutional guidelines from a seven-center …

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Faculty Scholarship

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …

Ford's Underlying Controversy, Christine P. Bartholomew, Anya Bernstein

Faculty Scholarship

Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a defendant with sufficient in-state contacts related to a plaintiff’s claim. This Article reveals, however, that courts diverge radically in their understanding of what a claim is. Without stating so outright, some courts limit the claim to a cause of action or its elements, while others understand it to encompass the controversy underlying the litigation. What is worse, few have noticed that these discrepancies even exist, much less explained why. This Article does just that. We show that …

Supporting The Intersections Of Life And Work: Retaining And Motivating Academic Librarians Throughout Their Careers, Lori Birrell, Marcy A. Strong

University Libraries Faculty Publications and Presentations

Objective – This study uses the Kaleidoscope Career Model (Mainiero & Sullivan 2006a) to determine key sources of motivation for library professionals during their careers and identifies strategies for how library administrators can better retain and inspire their staff.

Methods – The authors adapted the Kaleidoscope Career Model survey tool with permission from Mainiero and Sullivan. The authors used Qualtrics to send out the adapted survey and in October 2019 emailed a call for participation with the survey link to six library electronic mailing lists. A total of 433 participants completed the survey. The authors reviewed the demographic data and …

Meditating A New Pedagogical Approach In Early Childhood Education Post Covid-19 In The United Arab Emirates, Lawrence Meda, Laila Mohebi

All Works

Many learning institutions across the globe are currently operating under emergency-response mode because of the global pandemic of COVID-19 which has affected the education sector. COVID-19 has forced academics to meditate education for young children and project how it could be like when the pandemic is over. The purpose of this study is to explore meditated thoughts of internship students and faculty supervisors about the implementation of early childhood education programmes in the United Arab Emirates post COVID-19. The study was guided by the question: Would you recommend incorporating online teaching as part of early childhood program after COVID-19, and …

Intraoperative Post Partum Hemorrhage In A Patient With Dengue Fever, Usama Ahmed, Asiyah Aman

Department of Anaesthesia

A 33 year old obstetric patient with mild fever of undiagnosed etiology underwent emergency caesarean section under general anesthesia. She had platelet count of 98,000 per microliter and increased APTT of 37.8 s at the time of surgery. After uneventful anesthetic induction and delivery of fetus, slow and oozing type of bleeding led to massive hemorrhage. Patient remained vitally stable throughout perioperative phase and was extubated. Next day, patient's dengue IgM antibody was reported positive. Neonate was well and his dengue test was negative. Pregnant women are at high risk of developing severe complications of dengue fever with unclear mechanisms …

Pet Imaging Reveals Reduced Synaptic Density In People With Well-Controlled Hiv Infection, Julian Joseph Weiss

Yale Medicine Thesis Digital Library

Background: Synaptic injury is a pathological hallmark of neurological impairment in people living with HIV (PLWH), a common complication despite viral suppression with antiretroviral therapy (ART). However, there are no biomarkers sensitive to neurocognitive impairment in PLWH. Measurement of synaptic density in living humans may allow better understanding of HIV neuropathogenesis and provide a dynamic biomarker for therapeutic studies. We applied novel synaptic vesical protein 2A (SV2A) positron emission tomographic (PET) imaging to investigate synaptic density in the frontostriatalthalamic region in PLWH and HIV-uninfected (HIV-) participants.

Methods: In this cross-sectional pilot study,13 older male PLWH on ART underwent neurocognitive assessments, …

"How To Succeed": Determining And Comparing The Musical And Non-Musical Influences Behind The Broadway Adaptation Of How To Succeed In Business Without Really Trying, Gary Bogers

Electronic Theses and Dissertations, 2020-2023

The following research project is the result of comparing and contextualizing the original non-musical and musical drafts of the original 1961 Broadway production of How to Succeed in Business without Really Trying. The intention is to detail the process of musically adapting a non-musical source, specifically the 1952 satirical text How to Succeed in Business without Really Trying: The Dastard's Guide to Fame and Fortune by businessman-turned-satirist Shepherd Mead. Research was predominantly completed through analysis of the non-musical draft written by television writers Jack Weinstock and Willie Gilbert in the 1950s and acquired from the Billy Rose Theatre Division of …

Breaking The Mold: Haunted Attraction Mazes; A Study In Reducing Predictability & Increasing Intensity, Within Unconventional Halloween Attraction Experiences, Amy Avalos

Electronic Theses and Dissertations, 2020-2023

Every enchanted Fall season, a segment of the public flocks to a multitude of haunted Halloween attractions across the U.S., to experience fear as a form of amusement and entertainment. Psychologists continue to research the physiological and cognitive behaviors that are associated with fear and the "fight or flight" responses that are triggered when individuals are engaged in a heighten sense of danger. However, as guests traverse through these haunted attraction experiences, it's commonplace for guests to enter into these typical modes of "fight or flight" behaviors very quickly. Once this response kicks in, the guests' instinct is to scramble …

Choreographing Closeness: The Effects Of Intimacy Choreography Best Practices In Educational Theatre, Morgan Cobb

Electronic Theses and Dissertations, 2020-2023

Power dynamics between teacher/director and student/actors in an educational theatre setting are inevitable and directly impact the way consent is viewed and given, specifically with youth performers. In response to the #MeToo movement within theatre and film, the role of intimacy choreographer emerged with the goal of creating a consent-based rehearsal process that ensured the mental, emotional, and physical safety of the actor (Pace 25) while conveying the intimacy required to effectively support the script. The use of intimacy choreographers is almost exclusively used in professional film and theatre settings. Applying the pedagogies created and taught by leading intimacy organizations …

Nurse Managers' Patient Safety Communication, Christine Deatrick

Electronic Theses and Dissertations, 2020-2023

Medical errors are a continuing issue for healthcare organizations and can lead to patient harm or death. To bring about organizational learning and therefore reduce medical errors, information must successfully flow through an organization. Nurse managers play an essential role as the conduit of information between frontline staff and the organization. The primary purpose of this study is to describe the decision-making process of how nurse managers actively select and transmit information on patient safety concerns. A qualitative constructivist grounded theory approach was used. Nineteen unit-level nurse managers, working full-time in an acute care hospital with a minimum of one-year …

Two Essays On Investor Disagreement And Asset Prices, Sulei Han

Electronic Theses and Dissertations, 2020-2023

My dissertation studies the measurement of investor disagreement and the effects of investor disagreement on asset prices. In my first essay, I clarify the seemingly contradicting theoretical predictions of Miller (1977), and Varian (1985, 1989) and Abel (1989), and design empirical analysis to test the predictions in a unified framework. Miller models the effect of the level of disagreement on asset prices and predicts a negative relation between investor disagreement and subsequent asset returns. Varian and Abel present results on the effect of the change in disagreement on asset prices and the resulting positive relation between disagreement and subsequent asset …

For The Very First Time: A Process Of Rehearsal And Performance In The Beginnings Of Covid-19., Andrew Hansen

Electronic Theses and Dissertations, 2020-2023

Acting is a discipline that changes over time not only for the audience, but for the actors who create it. Not only is their craft shaped through study, practice, and repetition that we as individuals have towards the art form, but it is strongly influenced by our environment and personal histories. As actors, we have to bear in mind what we are presenting, when we are presenting it, and why. These choices are a collaborative effort made through the discussion of various artists including, actor, director, writer, etc. For my thesis, I would like to show you what my journey …

National Identity And Civil War Memory In The American South: How History, Ideology, And Media Inform The Culture Wars Of The Late Twentieth Century, John Lancaster

Electronic Theses and Dissertations, 2020-2023

On Veterans Day weekend, 1994, the remains of a Confederate soldier named Lewis Powell were reinterred in a cemetery in Geneva, Florida and given military honors. This thesis begins by historicizing Powell's burial ceremony to the final decades of the twentieth century to argue for new ways of viewing and understanding how Americans engaged with Civil War memory and legacy at a time of particularly felt social and cultural change. The 'culture wars' of the 1980s and 1990s describe the many battles and debates fought over issues as wide-ranging as race, politics, gender, sexuality, religion, and education, and were often …

A Theoretical Prototype For Narrative And Interactive Development Within A Theme Park Parade, Carson Luter

Electronic Theses and Dissertations, 2020-2023

While theme park parades have developed with technology and guest demands, there is an opportunity to continue innovating the medium with additional guest interactivity. This thesis tracks experiential comparatives that provide iterative components to be utilized for a new theme park parade concept; parade "show stops" that allow for guests to approach the parade floats up-close, participatory entertainment offerings with live actor-driven branching narratives, roleplay and gameplay-driven interactive experiences, and theme park parades that follow a direct linear narrative. What follows is a theme park parade design concept, accompanied by a production and operational plan, that combines the existing spectacle …

Utilizing Dramaturgy To Activate Creativity In Young Audiences, Joni Newman

Electronic Theses and Dissertations, 2020-2023

Theatre for Young Audiences companies in the United States rely heavily on recognized titles to bring in audiences. As a result, most of their productions are adapted from recognizable titles, including films, television series, and popular literature. These adaptations draw audiences in that may not otherwise go to the theatre, which is especially important within the world of TYA where the target audience (children) only gains access to a theatre through adult caregivers. Additionally, most children go to the theatre as part of school field trips, further encouraging season selections that will fill educational needs in addition to providing theatrical …

Musicals, Murders, And Motivation: A View On The Audience And Their Support Towards Musical Murderers Through Maslow, Lesly Nuñez

Electronic Theses and Dissertations, 2020-2023

Audiences relay morbid support towards the enjoyment of horrific entertainment. Such examples are the success and long-standing allure spectators hold towards musicals such as Phantom of the Opera, Spring Awakening, Heathers, and more. These are shows that include themes of death, darkness, and tragedy which are presented. Using Abraham Maslow's Hierarchy of Needs and Motivation, The Jungian Archetype of Shadow, and Catharsis I will show how audiences are supportive of protagonists who portray actions resulting in death, darkness, and murder despite the societal pressure to find such subject matter as offensive, vile, repugnant, or obscene. By referencing the characters found …

Graph Neural Networks For Improved Interpretability And Efficiency, Patrick Pho

Electronic Theses and Dissertations, 2020-2023

Attributed graph is a powerful tool to model real-life systems which exist in many domains such as social science, biology, e-commerce, etc. The behaviors of those systems are mostly defined by or dependent on their corresponding network structures. Graph analysis has become an important line of research due to the rapid integration of such systems into every aspect of human life and the profound impact they have on human behaviors. Graph structured data contains a rich amount of information from the network connectivity and the supplementary input features of nodes. Machine learning algorithms or traditional network science tools have limitation …

In Appreciation Of Professor Bill Dorsaneo, David Crump

SMU Law Review

No abstract provided.

Expanding Civil Rights To Combat Digital Discrimination On The Basis Of Poverty, Michele Estrin Gilman

SMU Law Review

Low-income people suffer from digital discrimination on the basis of their socio-economic status. Automated decision-making systems, often powered by machine learning and artificial intelligence, shape the opportunities of those experiencing poverty because they serve as gatekeepers to the necessities of modern life. Yet in the existing legal regime, it is perfectly legal to discriminate against people because they are poor. Poverty is not a protected characteristic, unlike race, gender, disability, religion or certain other identities. This lack of legal protection has accelerated digital discrimination against the poor, fueled by the scope, speed, and scale of big data networks. This Article …

The Law’S Role In Ending The Suicide Crisis: Liability For Suicide Under The State-Created Danger Doctrine, Brittany White

SMU Law Review

The mounting prevalence of suicides in the United States has translated into a full-fledged, nationwide suicide crisis, impacting the lives of far too many. Even if an individual is fortunate enough never to have directly endured the tragedy of losing a loved one to suicide, they have certainly been exposed to this crisis through ever-frequent media reports of suicides. Given the widespread and detrimental nature of this crisis, it is imperative that prompt action is taken by individuals and institutions across a multitude of disciplines, the law notwithstanding. Indeed, the force of law itself implies that certain faculties possessed by …

May I Use The Restroom? The Supreme Court’S Likely Opportunity To Define “Sex” In Title Ix And End The Transgender Bathroom Debate, Kaleb Degler

SMU Law Review

The Supreme Court’s landmark decision in Bostock, which established that “sex” under Title VII includes gender identity and sexual orientation, now protects LGBTQ+ persons from discrimination in the workplace. However, this interpretation of “sex” was not subsequently applied wholesale to “sex” under Title IX, leaving many LGBTQ+ students—particularly transgender students—subject to the fate of where they were born and the shifting tides of the federal executive. Beginning with the Obama Administration, a history of conflicting guidance and opinion letters has dominated the discussion on whether transgender students are allowed to use the restroom that corresponds with their gender identity.

In …

Regulation, Targets And Functions Of Chk, Shudong Zhu, Rong Sun, Xialing Guo, Yuanwu Bao, Dianzheng Zhang

PCOM Scholarly Works

Src family kinases (SFKs) play pivotal roles in multiple signaling pathways (Yeatman, 2004). SFK activity is inhibited by phosphorylation at its C-terminal tyrosine, by CSK (C-terminal Src kinase) and CHK (CSK-homologous kinase). CHK expression is restricted to normal hematopoietic cells, brain, and colon tissues. Downregulation of CHK in brain and colon tumors contributes to tumorigenicity in these tissues. CHK does not phosphorylate Src efficiently, however, in contrast to CSK, CHK inhibits Src kinase activity allosterically. Although the functions of CHK are still largely unknown, potential substrates of CHK including β-synuclein, α-tubulin, α-spectrin, 14-3-3, and Hsp90 have been identified. CHK is …