Strengthening Nagpra, B. Stephen Jones

Cardozo Arts & Entertainment Law Journal

The note examines the limitations of the Native American Grave Protection and Repatriation Act (NAGPRA) in addressing international repatriation of cultural patrimony and proposes complementary legal frameworks to fill these gaps. It highlights the potential of the Safeguard Tribal Objects of Patrimony Act (STOP Act) and the Indigenous McClain Doctrine to enhance protections, while advocating for the recognition of intangible cultural patrimony and the use of moral rights and the right to publicity to safeguard Indigenous cultural sovereignty.

All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow

Cardozo Arts & Entertainment Law Journal

Eliza Evans’ project, All the Way to Hell, employs a novel legal strategy to challenge Oklahoma’s permissive fracking regulations by fragmenting mineral rights among thousands of co-owners, aiming to disrupt the forced pooling process. While her approach highlights systemic legal and environmental issues, the state’s industry-friendly framework and regulatory capture present significant barriers to meaningful change. The note argues that Evans’ activism underscores the need for legislative reform to balance individual property rights with environmental protection.

Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss

Cardozo Arts & Entertainment Law Journal

The COVID-19 pandemic accelerated the adoption of remote witnessing and notarization in trusts and estates, offering convenience but introducing risks like fraud and privacy concerns. The article advocates for a balanced approach, suggesting uniform national standards to mitigate these risks while maintaining the benefits of remote processes.

The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler

Cardozo Arts & Entertainment Law Journal

The note argues that the Federal Trade Commission's (FTC) "Made in America" policy is overly stringent and disproportionately burdensome for small businesses. The policy requires products labeled as "Made in America" to contain "all or virtually all" parts and processing from the U.S., a standard that is often ambiguous, economically prohibitive, and misaligned with consumer perceptions. The note contends that this strict enforcement creates a "Hobson's choice" for small businesses, making it infeasible for them to comply without suffering financial harm or reputational damage. It advocates for lowering the threshold to allow more flexibility, which would support small businesses, promote …

Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin

Cardozo Arts & Entertainment Law Journal

The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.

Caring For Fat Bodies: Bridging The Gap Between Intention And Practice In Primary Care, Sadie Pile

Doctor of Nursing Practice Projects

Healthcare providers work hard to support patients in optimizing their health. Typical care prioritizes use of the body mass index (BMI) which has widely been criticized for its ineffectiveness at measuring health, and which perpetuates a white European male body as “normal”. From individual care to public health policy, the measurement of health through BMI and thinness has created and enforced weight stigma. Literature over the past 20 years has continued to demonstrate the negative health impacts of weight stigma, not only in harming physiological, psychological, and behavioral health, but also in fact contributing to weight gain. Notably, the research …

Using Geospatial Social Media Data For Infectious Disease Studies: A Systematic Review, Fengrui Jing, Zhenlong Li, Shan Qiao Ph.D., Jiajia Zhang Ph.D., Bankole Olatosi Ph.D., Xiaoming Li Ph.D.

Faculty Publications

Geospatial social media (GSM) data has been increasingly used in public health due to its rich, timely, and accessible spatial information, particularly in infectious disease research. This review synthesized 86 research articles that use GSM data in infectious diseases published between December 2013 and March 2022. These articles cover 12 infectious disease types ranging from respiratory infectious diseases to sexually transmitted diseases with spatial levels varying from the neighborhood, county, state, and country. We categorized these studies into three major infectious disease research domains: surveillance, explanation, and prediction. With the assistance of advanced computing, statistical and spatial methods, GSM data …

Outlier State: Elite Rhetoric As A Window To Western Australian Regionalism, David Jones

Theses

Western Australia was the last of the Australian self-governing British colonies to agree to join the Australian Federation in 1900 and voted to secede, by a significant electoral margin, in a referendum held in 1933. Some have even argued the State has been a reluctant member of the Federation since this momentous vote. If this is the case, what evidence is there that can justify this perception, and possibly point to enduring underlying factors supporting this Western Australian regionalism sentiment and identity? Many of the drivers which led to the successful secession referendum in 1933 still exist today. The State …

Measuring The Impact And Satisfaction Rates Of Promotores De Salud-Led Health Programs In Yakima County, Isabela T. Ahumada-Reyna, Ravneet Nahal-Purewal

Doctor of Nursing Practice Projects

Purpose: Increased infection and mortality rates of COVID-19 have disproportionately affected Latine communities as seen in increased rates of infection, hospitalization, and deaths with lower rates of vaccination across multiple states. Yakima County, WA experienced the highest rates on the West Coast within two months of the initial March 2020 lockdown, overwhelming the local healthcare systems and highlighting barriers to accessing healthcare for local Latine communities. In August 2021, 56 percent of COVID-19 cases in Yakima County were Latine yet Latine identifying people only accounted for 49 percent of the county’s population.

Design: This study is a program evaluation of …

Optimizing Asthma Treatment In The Practice Setting: A Quality Improvement Project, Brooke Gibson

Doctor of Nursing Practice Projects

Technology is rapidly changing the way that clinicians provide care to patients. The use of smart phrases in electronic health records (EHRs) has been shown to improve efficiency amongst clinicians and provide easy access to large amounts of information for clinical decision-making. One area of medicine where treatment algorithms are particularly complex and there has been recent landmark changes to treatment algorithms, is asthma. The 2019 Global Institute for Asthma (GINA) guidelines changed the standard of care for asthma, and the principal investigator (PI) sustained a strong interest in whether the guidelines had been implemented into clinical EHRs effectively. A …

Civil Liability For Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

In January 2023, climate activists trespassed on the site of the German energy firm RWE’s Garzweiler coal mine to protest against its plans to expand operations there. The police eventually removed the protestors (including Greta Thunberg), many of whom were charged with committing criminal offenses. A few weeks after the occupation, RWE announced plans to seek compensation from the protestors for the injuries they inflicted on the firm, which included damage to vehicles and other equipment.[1] Should the law permit it to do so? More generally, should a liberal-democratic State hold civil disobedients legally liable to compensate the private …

Implementing An Educational Intervention Aimed At Nursing Staff To Improve Patient Hand Hygiene, Bonita Moore

DNP Projects

Abstract

Background/Purpose: Healthcare organizations are responsible for ensuring that healthcare workers adhere to effective hand hygiene (HH) protocols, and ample research exists on the best methods for monitoring and encouraging compliance. Despite the importance of HH for infection prevention, there has been little focus on patient hand hygiene (PHH). The purpose of this pilot project was to focus on improving nursing staff’s knowledge and attitudes about PHH with the expectation of showing a correlation between these factors and an increase in the performance PHH.

Methods: The project used a quasi-experimental study that took place on one hospital unit at …

Evaluating The Effectiveness Of Family-Based Treatment Education On Provider's Knowledge, Anticipatory Use, And Attitudes Who Treat Adolescent Patients Diagnosed With Anorexia Nervosa, Treven Back

DNP Projects

Background. Anorexia Nervosa is a chronic, disabling, and costly disease with a higher mortality rate than any other psychiatric illness. Because of the need for medical, psychiatric, and nutritional care, treatment is complex. The current literature supports Family-Based Treatment as a first-line treatment for adolescent patients diagnosed with Anorexia Nervosa. However, a gap exists between translating family-based treatments into clinical practice. Literature shows that education and understanding providers' attitudes and beliefs are the first steps to successfully implementing family-based treatments.

Purpose. This DNP project aimed to evaluate the effectiveness of a family-based treatment education intervention on providers' attitudes, knowledge, and …

Staff Perceptions Of Workplace Violence In The Emergency Department; Increasing Safety Awareness And Education, Marissa Hibbs

DNP Projects

Purpose: The purpose of this project was to evaluate nursing staff perceptions of safety and workplace violence and increase safety awareness and knowledge in the emergency department of a level 1 trauma center.

Methods: This study was a single site project that used a descriptive non-experimental survey design to evaluate staff perceptions on workplace violence and safety before and after educational intervention. The study was broken down into three parts. After obtaining IRB approval, an invitation to participate in the pre-survey was distributed via email in a private electronic unit-based list server. Then an educational intervention on workplace safety and …

The Negative Impacts Of Border Patrol On The Mental Health Of Migrants, Breyana M. Newton

Pell Scholars and Senior Theses

The research in this paper is a deep dive into the actions of Border Patrol on migrants and refugees and their effects on the individual. This includes impacts on mental health, child development, resettlement prevention, and racism and discrimination within border patrol itself. To understand all of this and how wide reaching all of this goes there needs to be a reflection on the history and policies of Border Patrol and the Government behind it.
The problem with patrolling our borders is that there are consequences on the U.S. as a nation and unintended consequences on those individuals migrating into …

Female Lawyers Don’T Need Pity; They Need A Paycheck, Meagan S. Bilodeau

Pell Scholars and Senior Theses

Whether it's pity or patronization female lawyers have often been criticized. They're visualized on the lower level of the patriarchal hierarchy system in the Hollywood courtroom. However, women that hold emotional intelligence don't need pity. Emotional intelligence encompasses how to set boundaries, stay motivated, hold healthy relationships inside and outside the courtroom, as well as maintain self-regulation. Through analysis of the biographical films Erin Brockovich, On the Basis of Sex, and The Mauritanian this study explores how extensively psychological resilience subfactors are depicted, proving whether or not female lawyers are emotionally prepared to succeed in their noteworthy cases.

A Precedent For Peace: The Role Of All Children Together In The Integration Of Northern Irish Schools, Sarah J. Kraus

Pell Scholars and Senior Theses

Established in County Down, Northern Ireland in the early 1970s, All Children Together was an organization comprised of both Protestant and Catholic parents who wished to see children from both denominations interact and be educated alongside one another. In 1981, the organization successfully established Lagan College, Northern Ireland’s very first school with a shared curriculum designed to accommodate children from both denominations. This work situates the organization within the greater context of the Troubles and examines the extent to which school integration played a role in Northern Irish community relations during a period of political and social upheaval.

The Modern Impact Of Artificial Intelligence Systems In Healthcare: A Concise Analysis, Habeeb Omotunde, Mourad R. Mouhamed

Mesopotamian Journal of Artificial Intelligence in Healthcare

Artificial intelligence systems are receiving significant attention in the healthcare domain because they have a considerable impact on the development of patients' electronic medical records (EMRs). Artificial intelligence systems have the ability to develop healthcare institutions and assist physicians in making the proper decisions. These systems have the ability to perform diagnosis, provide appropriate treatment, and perform administrative tasks in hospitals. Healthcare institutions seek to integrate hospital systems with computer systems and construct large warehouses to store data and medical records for each patient. These methods allow machine learning and deep learning algorithms to analyse diseases, predict and determine new …

Evaluation Of Chemical Control Options, Environmental Factors, And Management Practices Associated With Angular Leaf Spot (Pseudomonas Syringae Pv. Tabaci), Andrea Brooke Webb

Theses and Dissertations--Plant and Soil Sciences

Pseudomonas syringae pv. tabaci tox^- is the causal agent of angular leaf spot in dark tobacco. Since 2015, angular leaf spot has become the most significant foliar disease in dark tobacco production in Kentucky and Tennessee. Dark tobacco producers utilize one main tool, streptomycin sulfate, for the management of this bacterial disease. Resistance to streptomycin sulfate in P. syringae pv. tabaci isolates from dark tobacco fields in western Kentucky was first observed in 2015.

Field spray trials were developed to evaluate the efficacy of alternative active ingredients compared to the grower’s standard, streptomycin sulfate. Two separate field trials were …

Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.

Physical Scars Are Not The Only Evidence: Crucial Expansion Of New York's Penal Law To Define Coercive Control And Technological Abuse As Domestic Violence, Bailey D. Appel

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's domestic violence laws are insufficient as they fail to recognize non-physical forms of abuse, specifically coercive control and technological abuse. It emphasizes the need to expand the legal definition of domestic violence to include these forms, particularly in light of the increased prevalence during the COVID-19 pandemic, which trapped victims at home with their abusers.

Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca

Cardozo Arts & Entertainment Law Journal

The note examines the challenges of combating false election information on social media platforms, focusing on the role of Section 230 of the Communications Decency Act. It argues that while Section 230 is crucial for protecting online speech, its current form is inadequate in addressing the spread of misinformation in the modern digital landscape. The note evaluates various proposals for reform, including the repeal or modification of Section 230, and suggests a balanced approach that maintains its protections while incentivizing improved content moderation to combat false election information.

Accelerating Toward The Inevitable: How Covid-19 Helped Alter Traditional Models Of Talent Compensation In The Film Industry, Raven Berzal

Cardozo Arts & Entertainment Law Journal

The COVID-19 pandemic accelerated a significant shift in the film industry’s talent compensation models, driven by the rise of streaming platforms and the decline of traditional theatrical releases. This transformation has moved compensation structures from backend profit-sharing to upfront payments, raising legal and contractual challenges. The Johansson v. Disney case exemplifies these disputes, highlighting the need for clearer definitions of success and compensation in the streaming era. The industry is likely to adopt hybrid models, blending upfront fees with alternative compensation methods, as streaming continues to reshape how talent is paid.

Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen

Cardozo Arts & Entertainment Law Journal

During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …

Why And What Federal Nil Rights Legislation Is Needed, Matthew J. Mitten

Cardozo Arts & Entertainment Law Journal

The article argues that federal Name, Image, and Likeness (NIL) rights legislation is essential to maintain the amateur/educational model of intercollegiate sports, preserve the distinction between college and professional athletics, and ensure competitive balance. It emphasizes the need for national uniformity to prevent conflicting state laws and address antitrust concerns.

Nil Collectives - Title Ix's Latest Challenge, Kassandra Ramsey

Cardozo Arts & Entertainment Law Journal

The article explores the intersection of Name, Image, and Likeness (NIL) Collectives and Title IX, arguing that while NIL Collectives are not directly subject to Title IX, colleges and universities must ensure these organizations comply with Title IX to maintain gender equity. Schools are responsible due to their federal funding and their promotion of these collectives, necessitating guidelines, education, and audits to prevent disparities in opportunities for male and female athletes.

The Supreme Court's Decision In Ncaa V. Board Of Regents: Did The Ncaa Really Misread It So Badly?, John Wolohan

Cardozo Arts & Entertainment Law Journal

Today, college athletes like LSU gymnast Olivia Dunne and Alabama quarterback Bryce Young can earn hundreds of thousands of dollars a year from social media and product endorsements. However; it was only a couple of years ago that the National Collegiate Athletic Association (NCAA) declared University of Central Florida football player Donald De La Haye ineligible to play because he refused to stop monetizing his videos on YouTube, thereby losing his scholarship. The purpose of this paper is to examine the impact the Supreme Court's 1984 decision in NCAA v. Board of Regents has had in the NCAA, going from …

The Nil Revolution: What's Next?, Andrew Zimbalist

Cardozo Arts & Entertainment Law Journal

The article examines the transformative impact of the NIL (Name, Image, and Likeness) revolution on college athletics, highlighting its legal, economic, and educational implications. It traces the evolution from historical amateurism to recent legal challenges, such as White v. NCAA and O'Bannon v. NCAA, which have reshaped compensation rules for student-athletes. The NIL revolution has introduced a new market where athletes can earn money, but it also raises concerns about equity, financial sustainability for colleges, and the educational welfare of athletes. The author argues that while the NCAA has struggled to lead reforms effectively, Congressional intervention may be necessary …

Ambushing Nil Restrictions: How Nil "Conflict Language" Policies Conflict With The First Amendment, Sam C. Ehrlich, Neal C. Ternes

Cardozo Arts & Entertainment Law Journal

The article argues that state NIL (Name, Image, and Likeness) laws and institutional policies restricting college athletes from signing sponsorship deals conflicting with school sponsors infringe upon athletes' First Amendment rights. These restrictions, often broad and imprecise, fail to meet constitutional standards, particularly under the Central Hudson test for commercial speech, and risk being struck down as unconstitutional prior restraints.

Treating A Viral Culture: Using Cultural Competency And Social Informatics To Design Contextualized Information Literacy Efforts For Specific Social Information Cultures, Rachel N. Simons, Aaron J. Elkins, Shengnan Yang (Ed.), Xiaohua Zhu (Ed.), Pnina Fichman (Ed.)

STEMPS Faculty Publications

This chapter proposes a novel theoretical framework, Social Information Cultural Competency (SICC), that may be used for designing contextualized information literacy efforts. The SICC approach leverages the frameworks of social informatics, cultural competency, and psychosocial understandings of information behavior to encourage information professionals to develop more nuanced understandings of specific social information cultures. After defining this approach, the chapter then applies the SICC framework to a case study considering information literacy interventions addressing a social information culture engaged in sharing COVID-19 misinformation through social media. As part of this case study, the chapter discusses three current information literacy approaches to …