Digital Commons Network^™

The Terms Of Their Deal: Revitalizing The Treaty Right To Limit State Jurisdiction In Indian Country, Dylan R. Hedden-Nicely

Lewis & Clark Law Review

For over 200 years, the “whole course of judicial decision” in the United States has recognized that American Indian tribes possess inherent sovereignty to govern their lands and people. Federal recognition of that sovereignty was memorialized in countless treaties, congressionally ratified agreements, and executive orders setting aside reservations throughout the United States. Throughout that same period, and with only minimal exception, the judiciary faithfully applied those treaties to protect tribal property rights, recognize tribal sovereignty, and bar states from imposing jurisdiction within Indian Country.

The jurisprudence in this arena has shifted, however, over the past few decades. Although the Supreme …

Abortion Localism And Preemption In A Post-Roe Era, Kaitlin Ainsworth Caruso

Lewis & Clark Law Review

In Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court eliminated federal constitutional protections for abortion. Practically, a person’s access to abortion has long depended on where they live and where they can travel; that disparity is far worse now. In light of Dobbs, some states decisively changed their laws, often decimating abortion access. In other states, however, the law remains unclear; advocates are furiously lobbying and litigating to redefine their states’ standards. Amid this upheaval, one element of the new abortion landscape is underappreciated: how localities impact abortion access.

For decades, local governments have influenced access to abortion …

Juvenile Competency Restoration, David R. Katner

Lewis & Clark Law Review

Despite legal competence presumptions about juveniles facing delinquency charges, tens of thousands of forensic mental health evaluations challenge the status of court-involved children in the United States each year. Researchers now find mental health disorders prevalent among juveniles in the justice system, with up to 70% having a diagnosable mental health problem. It is inappropriate to think of adolescents as younger versions of adults whose behaviors can be viewed through the same lens as adult behaviors. The Article will explore some of the causes and conclusions about why many juveniles are not competent and why many of them may not …

Class Action Cy Pres: A Call For Reform Amidst Inconsistency And Criticism, Emily Potucek

Lewis & Clark Law Review

The prevalence of cy pres awards in class action settlements has increased remarkably in the last several decades. However as class action cy pres practice has become more commonplace, so have the concerns for its propriety in the class action context. Indeed because these concerns were recognized by the U.S. Supreme Court without further clarity on how, and whether, they can be alleviated, the viability of class action cy pres practice is uncertain. In response to this uncertainty, this Comment presents an exhaustive inquiry into cy pres practice in class action settlements. It demonstrates that while certain courts’ cy pres …

Socioeconomic Status Under Title Vii: Why Socioeconomic Status Should Be Protected And How Class-Based Discrimination Already Violates The Law, Ember Devaul

Lewis & Clark Law Review

Title VII of the Civil Rights Act was enacted with a goal to end workplace discrimination. However, many workers still face discrimination today based on factors that were intended to be protected by the statute. This Comment discusses the severity of socioeconomic discrimination and why prohibiting discrimination based on socioeconomic status is important, explores how the addition of socioeconomic status as a protected class under Title VII is supported by both legislative intent and judicial interpretation, and dissects how employers are already opening themselves up to liability under Title VII when they discriminate based on an individual’s socioeconomic status.

Front Matter

Lewis & Clark Law Review

Front Matter includes Table of Contents, masthead, and faculty for Lewis & Clark Law Review Volume 27, Issue 3.

Making Red Lives Matter: Public Choice Theory And Indian Country Crime, Adam Crepelle

Lewis & Clark Law Review

American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated procedural safeguards, cannot prosecute non-Indian criminals. While state or federal law enforcement have jurisdiction over reservation crimes involving non-Indian perpetrators, they often fail to respond. Hence, non-Indians know they can target Indians with little fear of reprisal. This Article argues the rules governing Indian country crimes were not designed to …

Court Reform And The Promise Of Justice: Lessons From Reconstruction, David H. Gans

Lewis & Clark Law Review

The Supreme Court is broken. How should we fix it? This Article argues that Reconstruction, a period in American history when the role of the Supreme Court in American life was hotly debated and Congress repeatedly took steps to reform the courts, provides important and underappreciated lessons.

Reconstruction’s model makes clear that when the Supreme Court runs roughshod over constitutional rights, Congress need not sit on the sidelines. Rather, the Constitution gives it powerful tools of reform. Congress can (1) change the composition of the Court, (2) alter its jurisdiction and regulate its proceedings, and (3) use its express enforcement …

Recourse To Sages And Supermen: Interpreting The 1857 Oregon Constitution In Light Of The Convention’S Failure To Hire An Official Reporter, Nora Coon

Lewis & Clark Law Review

The lodestar of Oregon interpretive methodology is “legislative intent,” whether it is statutory or constitutional. But discerning that intent is often difficult and it is made even harder when there is a dearth of meaningful history. The Oregon Constitution is one such troublesome document. The Oregon Constitutional Convention of 1857 went against the trend of constitutional conventions in its era and failed to hire a reporter to document its proceedings, leaving that task to newspapers of varying political ideologies. The Oregon delegates, like their contemporaries, relied on four primary considerations: (1) the cost; (2) the importance of immediate publication; (3) …

Abortion Rights As (Inter)National Human Rights: Dobbs And The Noncompliance Of U.S. Abortion Policies Under International Human Rights Law, Sydney Chong Ju Padgett

Lewis & Clark Law Review

The current state of reproductive rights in the United States following Dobbs v. Jackson Women’s Health Organization constitutes yet another chapter in the saga of the United States’ hypocrisy in failing to uphold international human rights at the domestic level. International human rights law unequivocally provides that safe and legal abortion access is a fundamental human right. Yet, applying treaty body guidance to the cruel and irrational legislation enacted in Dobbs’ wake, it is clear: the United States has wholly and dangerously failed to comply with its international commitments to protect and uphold the fundamental rights at stake in regulating …

Blind Adoption: Oregon’S Jury Exclusion Law, Catherine Mattecheck

Lewis & Clark Law Review

Jury service is a core tenet of civic engagement and an essential part of ensuring a trial by a jury of one’s peers. Despite this, millions of Americans are barred from serving on a jury based on a prior criminal conviction. Oregon has one of the harshest jury exclusion laws in the country, barring people from serving on a jury with a felony conviction and certain misdemeanors. The modern context of the criminal justice system requires a new look at Oregon’s law.

Fault Lines Of Immigration Federalism: United States V. Texas And The Reverse-Commandeering Of Immigration Enforcement Power, Kristine Quint

Lewis & Clark Law Review

Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration’s enforcement priority guidelines inflict significant injury on the states while also violating statutory mandates and the Administrative Procedure Act. This Note analyzes United States v. Texas and concludes that the states’ arguments constitute an act of reverse-commandeering that usurps executive enforcement and policymaking power. The result is a state-held de facto veto, wielded through …

Legal Research And Writing, Michelle M. Gilmore

Syllabus Repository

No abstract provided.

Structural Impact Of Epstein-Barr Virus- Encoded Small Rna -1 On Its Transport And Function, Zubaida Hassan

Dissertations

Epstein-Barr Virus (EBV)-Encoded RNAs (EBERs) are two small, noncoding, structurally conserved transcripts that are expressed in millions of copies in all stages of EBV infection. Despite their abundant expression, the role of EBERs in EBV biology or pathogenesis is not well defined. However, they are associated with driving cell proliferation and improving intercellular communication via their secretion in exosomes. In spite of the pathogenic potentials of EBERs, the mechanisms involved in their transport and function remain to be elucidated. The aim of this PhD dissertation was to investigate the structural impact of EBER1 in its transport and function. The conserved …

"Having It Both Ways: Containing The Champions Of Feminism In Female-Led Origin And Solo Superhero Films", Jessica Taylor, Laura Glitsos

Research outputs 2014 to 2021

In this article, we consider the emerging trend of solo, female-led superhero films, and their repeated location in aesthetically distinct pasts or “closed moments.” This pastness, we contend, serves to distinguish the concerns of the protagonists, which are often read as feminist, as redundant for the contemporary audience. This framing is in keeping with a postfeminist cultural context, wherein feminist values and successes are celebrated, while simultaneously declared irrelevant.

We examine the historical or closed settings in Wonder Woman (2017), Wonder Woman 1984 (2020), Captain Marvel (2019) and Black Widow (2021), and consider how this collective investment in the past …

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A Walsh, Kari A Baldwin, Patricia King, Emily E Anderson, Catherine V Caldicott, Jeffrey D Carter, Sandra H Johnson, Katherine Mathews, William A Norcross, Dana C Shaffer, James M Dubois

2020-Current year OA Pubs

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team's larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.

Specialized Intensive Inpatient Rehabilitation Is Crucial And Time-Sensitive For Functional Recovery From Disorders Of Consciousness, Bei Zhang, Katherine O'Brien, Jean Woo, Bradley Chi, Colton Reeh, Sheng Li, Sunil Kothari

Faculty, Staff and Students Publications

Background: Disorders of consciousness (DoCs) after severe brain injury are considered to be conditions with dire prognosis. Despite the accumulating evidence, inpatient rehabilitation is often denied by payers referring to the Medicare/Medicaid criteria, under the assumption that such patients will not "actively" participate in therapy or make "measurable improvements."

Objective: This study aimed to report on the effectiveness and efficiency of a specialized inpatient DoC rehabilitation program based on measurable clinical parameters.

Methods: A retrospective cohort study was conducted. The cohort comprised 137 patients with DoC admitted to a specialized acute inpatient rehabilitation program between January …

Pediatric Bipolar Disorder: Evolution In Clinical And Biological Markers And Future Perspectives, Kirti Saxena, Kiki Chang, Gabriele Sani

Faculty, Staff and Students Publications

No abstract provided.

Habenular Molecular Targets For Depression, Impulsivity, And Addiction, Snigdha Srivastava, Benjamin R Arenkiel, Ramiro Salas

Faculty, Staff and Students Publications

No abstract provided.

Gastrointestinal Organoids In The Study Of Viral Infections, J Thomas Gebert, Francesca Scribano, Kristen A Engevik, Jacob L Perry, Joseph M Hyser

Faculty, Staff and Students Publications

Viruses are among the most prevalent enteric pathogens. Although virologists historically relied on cell lines and animal models, human intestinal organoids (HIOs) continue to grow in popularity. HIOs are nontransformed, stem cell-derived, ex vivo cell cultures that maintain the cell type diversity of the intestinal epithelium. They offer higher throughput than standard animal models while more accurately mimicking the native tissue of infection than transformed cell lines. Here, we review recent literature that highlights virological advances facilitated by HIOs. We discuss the variations and limitations of HIOs, how HIOs have allowed for the cultivation of previously uncultivatable viruses, and how …

Emerging Issues In Probiotic Safety: 2023 Perspectives, Daniel Merenstein, Bruno Pot, Gregory Leyer, Arthur C Ouwehand, Geoffrey A Preidis, Christopher A Elkins, Colin Hill, Zachery T Lewis, Andi L Shane, Niv Zmora, Mariya I Petrova, Maria Carmen Collado, Lorenzo Morelli, Gina A Montoya, Hania Szajewska, Daniel J Tancredi, Mary Ellen Sanders

Faculty, Staff and Students Publications

Probiotics are used for both generally healthy consumers and in clinical settings. However, theoretical and proven adverse events from probiotic consumption exist. New probiotic strains and products, as well as expanding use of probiotics into vulnerable populations, warrants concise, and actionable recommendations on how to work toward their safe and effective use. The International Scientific Association for Probiotics and Prebiotics convened a meeting to discuss and produce evidence-based recommendations on potential acute and long-term risks, risks to vulnerable populations, the importance for probiotic product quality to match the needs of vulnerable populations, and the need for adverse event reporting related …

The Role Of Neural And Genetic Processes In Learning To Read And Specific Reading Disabilities: Implications For Instruction, Jessica A Church, Elena L Grigorenko, Jack M Fletcher

Faculty, Staff and Students Publications

To learn to read, the brain must repurpose neural systems for oral language and visual processing to mediate written language. We begin with a description of computational models for how alphabetic written language is processed. Next, we explain the roles of a dorsal sublexical system in the brain that relates print and speech, a ventral lexical system that develops the visual expertise for rapid orthographic processing at the word level, and the role of cognitive control networks that regulate attentional processes as children read. We then use studies of children, adult illiterates learning to read, and studies of poor readers …

Advances In Imaging Modalities For Pediatric Brain And Spinal Cord Tumors, Thierry A G M Huisman, Rajan Patel, Stephen Kralik, Nilesh K Desai, Avner Meoded, Karen Chen, Howard L Weiner, Daniel J Curry, Maarten Lequin, Mariette Kranendonk, Gunes Orman, George Jallo

Faculty, Staff and Students Publications

Background: Neuroimaging has evolved from anatomical imaging toward a multi-modality comprehensive anatomical and functional imaging in the past decades, important functional data like perfusion-weighted imaging, permeability imaging, diffusion-weighted imaging (DWI), and diffusion tensor imaging (DTI), tractography, metabolic imaging, connectomics, event-related functional imaging, resting state functional imaging, and much more is now being offered.

Summary: Precision diagnostics has proven to be essential for precision treatment. Many minimal invasive techniques have been developed, taking advantage of digital subtraction angiography and interventional neuroradiology. Furthermore, intraoperative CT and/or MRI and more recently MR-guided focused ultrasound have complemented the diagnostic and therapeutic armamentarium.

Key messages: …

The Current Burden And Future Solutions For Preoperative Cataract-Refractive Evaluation Diagnostic Devices: A Modified Delphi Study, Bonnie An Henderson, Jaime Aramberri, Robin Vann, Adi Abulafia, Margaret Ainslie-Garcia, John Berdahl, Nicole Ferko, Kjell Gunnar Gundersen, So Goto, Preeya Gupta, Samuel Multack, Elizabeth Persaud, Duna Raoof, Giacomo Savini, H John Shammas, Li Wang, Wendy Zhi Wang

Faculty, Staff and Students Publications

Purpose: To obtain consensus on the key areas of burden associated with existing devices and to understand the requirements for a comprehensive next-generation diagnostic device to be able to solve current challenges and provide more accurate prediction of intraocular lens (IOL) power and presbyopia correction IOL success.

Patients and methods: Thirteen expert refractive cataract surgeons including three steering committee (SC) members constituted the voting panel. Three rounds of voting included a Round 1 structured electronic questionnaire, Round 2 virtual face-to-face meeting, and Round 3 electronic questionnaire to obtain consensus on topics related to current limitations and future solutions for preoperative …

Ageing And Rejuvenation Of Tissue Stem Cells And Their Niches, Anne Brunet, Margaret A Goodell, Thomas A Rando

Faculty, Staff and Students Publications

Most adult organs contain regenerative stem cells, often organized in specific niches. Stem cell function is critical for tissue homeostasis and repair upon injury, and it is dependent on interactions with the niche. During ageing, stem cells decline in their regenerative potential and ability to give rise to differentiated cells in the tissue, which is associated with a deterioration of tissue integrity and health. Ageing-associated changes in regenerative tissue regions include defects in maintenance of stem cell quiescence, differentiation ability and bias, clonal expansion and infiltration of immune cells in the niche. In this Review, we discuss cellular and molecular …

Diabetes At A Glance: Assessing Ai Strategies For Early Diabetes Detection And Intervention, Ban Salman Shukur, Noorayisahbe Mohd Yaacob, Mohamed Doheir

Mesopotamian Journal of Artificial Intelligence in Healthcare

For the early identification of diabetes, a chronic illness that affects millions of people globally, artificial intelligence (AI) shows enormous promise. AI algorithms can recognize diabetes signs and give patients and healthcare providers early warnings by examining a variety of data sources, such as medical records, patient histories, and lifestyle factors. AI's capacity to evaluate sizable and intricate datasets is one of its main advantages in the diagnosis of diabetes. AI is capable of taking into account a broad range of variables that could lead to diabetes, such as age, BMI, food preferences, physical activity, and genetic predisposition. Artificial intelligence …

The Efficiency Of Toltrazuril, Thymol, And Toltrazuril + Thymol Combination On Eimeriosis In Lamb, Mehmet Özüi̇çli̇, Ahmet Onur Gi̇ri̇şgi̇n, İhsan Kisadere, Ali̇ İhsan Di̇ker, Ali̇ Erdi̇ Candar, Levent Aydin

Turkish Journal of Veterinary & Animal Sciences

This study aimed to evaluate and compare the efficacy of the treatment with a single dose of toltrazuril 5% (Baycox), thymol (Versatile, Nine Life, United Arab Emirates), and toltrazuril + thymol combination to control Eimeria spp. infection in lambs in intensive feeding. The study was designed with five groups and these groups aligned as; group 1 (negative control group; NEG), group 2 (positive control group; POZ), group 3 (thymol; THY), group 4 (toltrazuril; TOL) and group 5 [(thymol + toltrazuril; (THY + TOL)]. Each group consisted of 26 Merino lambs which are 60-75 days old each. Treatment groups were administered …

Professional Teaching Standards And Inclusion In Teacher Education: Insights From A Hearing-Impaired Health And Physical Education Pre-Service Teacher’S Professional Experience, Donna Barwood, John O'Rourke, Dawn Penney, Andrew Jones, Jordan Thomas

Research outputs 2014 to 2021

Initial Teacher Education (ITE) is a critical arena for advancing inclusion in Health and Physical Education (HPE). This paper reports research that is engaging with the diversity of the HPE profession and practitioners. It centres on a unique case study that critically explored the school-based professional experience of an Australian secondary HPE Pre-service Teacher (PsT) who has a hearing impairment. Specifically, to enable PST success in HPE professional experiences as defined by the professional standards for teachers in Australia and to which, PSTs’ must evidence to graduate and attain teacher registration. Drawing on documentary and interview data the paper focuses …

Examining The Nexus Of Housing Instability And Neighborhood Within New York City (Nyc), Benjamin Boateng

College of Graduate Studies: Theses & Dissertations

Housing instability within the New York City (NYC) area significantly affects the community's well-being. As a robust and growing city, many families in the low-income bracket face the challenge of spending a significant portion of their monthly income toward housing costs (rent, utilities, insurance). With families spending 50% (extreme housing burden) and more of their monthly income to stay in their housing units, various disparities have presented themselves within the housing context.

Even before the COVID-19 pandemic in March 2020, families within NYC have struggled to maintain their housing stock. Policy and community-based actions are needed to reduce the burden …

Hepatic Transcriptomic Assessment Of Sprague Dawley Rats In Response To Dietary Perfluorobutane Sulfonate (Pfbs) Ingestion, Isaac Appiah

College of Graduate Studies: Theses & Dissertations

Perfluorobutane sulfonate (PFBS) is a short-chain PFAS that is considered to be a less toxic replacement for the rather more toxic long-chain perfluorooctane sulfonate (PFOS). Its numerous industrial applications and widespread presence in the environment have raised environmental and health concerns because of growing evidence associating adverse health effects and certain liver diseases to PFBS exposure. The study goal was to investigate whether dietary ingestion of PFBS would induce liver injuries, damage, inflammations, and oxidative stress. To achieve these goals, Sprague-Dawley rats were assigned into three PFBS dietary treatment groups (0, 50, and 100 PPM) for 11 weeks. After this …