Digital Commons Network^™

Publicizing Corporate Secrets, Christopher J. Morten

Faculty Scholarship

Federal regulatory agencies in the United States hold a treasure trove of valuable information essential to a functional society. Yet little of this immense and nominally “public” resource is accessible to the public. That worrying phenomenon is particularly true for the valuable information that agencies hold on powerful private actors. Corporations regularly shield vast swaths of the information they share with federal regulatory agencies from public view, claiming that the information contains legally protected trade secrets (or other proprietary “confidential commercial information”). Federal agencies themselves have largely acceded to these claims and even fueled them, by construing restrictively various doctrines …

State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy, and more, state constitutions are defining rights across the nation. Despite intermittent calls for greater attention to state constitutional theory, neither scholars nor courts have provided a comprehensive account of state constitutional rights or a coherent framework for their adjudication. Instead, many state courts import federal interpretive practices that bear little relationship to state constitutions or institutions.

This Article seeks to begin a new conversation about state constitutional adjudication. It first shows how in myriad defining ways state constitutions differ from the U.S. Constitution: They protect …

Energy Insecurity Mitigation: The Low Income Home Energy Assistance Program And Other Low-Income Relief Programs In The Us, Andrea Nishi, Diana Hernández, Michael B. Gerrard

Faculty Scholarship

Energy insecurity, defined as the “inability to meet basic household energy needs,” can be both a chronic and an acute problem. Chronic energy insecurity manifests as an inability to access or afford adequate supplies of energy, while acute energy insecurity arises when infrastructural, maintenance, environmental, or other external sources disrupt or impede access to energy. A substantial number of individuals and families across the United States experience energy insecurity, which can lead to a variety of adverse consequences including residential instability and poor health outcomes.

Our Unruly Administrative State, Philip A. Hamburger

Faculty Scholarship

One of the perennial academic rituals of administrative “law” is to explain its compatibility with the rule of law. As surely as seasons pass, academics muster their formidable intellectual resources to reassure us, and themselves, that in pursuing administrative power, they have not abandoned the rule of law.

A more immediate justificatory project might be to explain the constitutionality of the administrative state. But notwithstanding valiant efforts, its constitutionality remains in doubt. So a fallback measure of its legitimacy seems valuable.

From this perspective, even if the administrative state is not quite constitutional, it can enjoy legitimacy under traditional common …

Debt Textualism And Creditor-On-Creditor Violence: A Modest Plea To Keep The Faith, Eric L. Talley, Sneha Pandya

Faculty Scholarship

In this article, we argue that debt textualism played a key role in laying the groundwork for our present malaise by encouraging contracts to become increasingly bloated, complex, and rigid up to the point of buckling completely. The dense contractual landscape wrought by debt textualism, when freshly populated with a calculating coterie of financial mercenaries, has transformed corporate lending markets into an elaborate and costly contest of Hunger Games-worthy contractual “gotcha” where (a) lenders scour loan agreements for unappreciated loopholes to undercut borrowers; (b) borrowers do the same in an attempt to counteract lenders; and (c) permutated coalitions from …

Increasing Clergy Members Awareness, Sensitivity, And Knowledge (Ask) Of The Lgbtqia+ Community Improves Health Outcomes, Claudette Green

Doctor of Nursing Practice Projects

Introduction: Individuals who identify as belonging to the LGBTQIA+ community in the context of religion and faith often experience spiritual discrimination and are made to feel like an outcast (Cole & Harris, 2017). Often, spiritual leaders lack the training, knowledge, and skills necessary to understand and communicate in a way that offers solace and comfort to their LGBTQIA+ congregants (Yarhouse & Sadusky, 2020). Moreover, the church has been at the forefront of leading the discrimination and condemnation of LGBTQIA+ members. This discrimination has led many to leave the church and become involved in self-harming behavior, ongoing mental health struggles, …

How Essential Oils Help Prevent Against Healthcare Workers’ Burnout, Lauren Casey

Doctor of Nursing Practice Projects

This project set out to see if stress and anxiety (leading to burnout) could be combatted with the use of essential oils (EOs). Burnout is a common concern amongst the medical community and healthcare providers are leaving their jobs and field at unprecedented rates. While EOs have been used for patients, they are rarely used for the healthcare providers’ benefit. Because of that, this project wanted to focus on the employee for a change, which in turn would benefit the patient by having a mentally-present provider and the company by having less turnover. The project consisted of a pre-survey prior …

Combating Compassion Fatigue In The Emergency Department, Pam Packard

Doctor of Nursing Practice Projects

Combating compassion fatigue in the emergency department is vital to nurses’ well-being. Compassion fatigue is the result of negative physical, emotional, and spiritual strains that often burden nurses. The weight of compassion fatigue is explored throughout this conceptualization of Combating Compassion Fatigue. Two questions were explored: Does compassion fatigue affect compassion satisfaction? If so, is compassion fatigue a precursor to suboptimal compassion satisfaction?

Heart Smart Holidays: Coping With Stress, Staying Active, And Healthy Cooking Strategies For Seniors In Cleveland County, Lauren Ridgeway

Doctor of Nursing Practice Projects

This Doctor of Nursing Practice Project assessed whether attending community group meetings focusing on stress, staying active, and healthy eating during the holidays, could influence cardiovascular disease awareness, mental health awareness, and quality of life of senior citizens in Cleveland County. A convenience sample of 6 participants attended the Coping with Stress and Staying Active event while 10 participants attended the Healthy Cooking Strategies event. The objectives were measured using a pretest posttest design before and after the presentations. There was strong evidence (t(9) = -13.597, p < .05) that the group seminar on managing stress and staying active during the holiday season improved the mental health awareness of participants. Data also showed a significant increase in Cardiovascular Disease Awareness from pretest to posttest (t(5) = 3.246, p < .05) after the seminar on healthy cooking strategies. The project raised community awareness to the importance of managing stress, staying active, and making small nutritional changes to positively impact the cardiovascular health of Seniors.

Increasing Nurses' Comfortability Using The Defibrillator, Mandy Whitaker

Doctor of Nursing Practice Projects

The educational needs of nurses vary depending on the practice setting in which he or she is employed. Some competencies are taught yearly or bi-yearly. The current process for registered nurses to learn how to use the defibrillator is through the advanced cardiovascular life support (ACLS) training they are required to take every 2 years. Although a certification proves a nurse is competent in a certain area, skills tend to be forgotten over time. It is often noted “if you don’t use your skills, you lose them.” Nelson and Aguirri (2020) reported even though there are many facets to the …

Sport Celebrities’ Covid-19 Prevention On Social Media: The Effect Of Credibility, Social Distance, Identification, And Message’S Power Style On Health Behavioral Intentions, Kyu-Soo Chung, Chad Goebert

Faculty Articles

During the COVID-19 outbreak, there emerged on social media an active cohort of sport celebrities, promoting through their messages virus-prevention behaviors. The study tested how people’s intentions to adopt COVID-19 prevention practices were affected by their perceived credibility of sport celebrities, perceived social distance of sport celebrities, and identification with sport celebrities. The study also tested how the message’s power style moderated those relations. The researchers selected four sport celebrities who were active on social media and applied powerful and powerless linguistic styles in developing their social media messages. College students (N = 284) were randomly exposed to one of …

Getting The Most From M.O.S.T.: Promoting Most Education For Palliative Care Providers, Shelby Mood

Doctor of Nursing Practice Projects

Physician Orders for Life-Sustaining Treatment (POLST) forms are relatively new in medicine. These forms help patients and providers navigate some of the difficult decisions that can occur near the end of life and in palliative care. Each state has its own version of POLST forms. In the state this DNP project was implemented, this form is called Medical Orders for Scope of Treatment, or MOST form. Given the complexities of medical decisions, patients may not always understand the options covered in the MOST form or the implied tasks with each choice. To further patient understanding of the MOST form, this …

Combating The Sedentary Lifestyle In A Rural North Carolina Community, Kelsey Toliver Watts

Doctor of Nursing Practice Projects

A rural North Carolina community is experiencing an increase in inactivity, obesity, and comorbidities. The project leader collaborated with the local health department and recreation department to implement community walking events. The events aimed to promote physical activity while providing education to the residents as to why physical activity is important. The project leader used optional pre-walking event and post-walking event surveys to assess activity change and increased knowledge. Out of the 90 attendees, 68% completed the pre-event survey and 14% responded to the post-event survey. This created limited data available for follow-up. All participants who completed the follow-up plan …

Increasing Cpr Awareness In School Staff, Savanna Parker

Doctor of Nursing Practice Projects

There are a limited number of staff members in Stokes County Schools that are CPR certified. A CPR workshop was conducted to provide an opportunity to allow more staff members to become certified, to gain knowledge and gain confidence in Cardiopulmonary Resuscitation, and to reduce delays in administering aid. Participants were asked to complete the Perceived Competence Scale (PCS) before and after participation in the CPR Workshop. The PCS is a 4-item questionnaire, based on a 7-point Likert scale. Answer choices range from Not True to Very True. Each question provides a lead-in statement, allowing for the concept being studied …

Using A Nurse Manager Prep Course To Spark Interest In Nurse Manager Succession Plan Participation, Sharon Pettiford

Doctor of Nursing Practice Projects

Hospitals strive to become Magnet-accredited facilities. Having Magnet status indicates an institution has high standards regarding nurse work environments and positive patient outcomes. The American Nurses Credentialing Center (ANCC) created the Magnet program criteria in 1994 (Dierkes et al., 2021). Obtaining Magnet accreditation is a coveted goal for hospitals. The target organization is currently not a Magnet-accredited hospital, nor does it have a nurse manager succession planning program. In preparation to achieve this accreditation, the target organization needed to implement a succession plan for nurse leaders. Institutions with successful succession planning programs pay careful attention when selecting participants for succession …

Connecting Simulation-Based Learning And Quality Improvement Among Student Nurses To Prevent Catheter-Associated Urinary Tract Infections, Jason Defreitas

Doctor of Nursing Practice Projects

Hospital Acquired Infections (HAIs) are a form of infection a patient acquired during hospitalization. Whether through the application or implementation of medical devices, performing bedside procedures, or non-adherence to following aseptic techniques, healthcare providers are responsible to ensure patients remain safe throughout the course of their inpatient treatment. Over the past 2 years, the Centers for Disease Control and Prevention (CDC), has reported HAIs, specifically catheter-associated urinary tract infections (CAUTI) have increased above pre-pandemic reported cases (CDC, 2021). These types of infections can lead to many factors that affect the patient and their family such as, “increased length of stay …

Appropriations, The Budget, And Public Debt Transparency: The Fiscal Panorama, Gillian E. Metzger, Anna Gelpern, Alissa Ardito Ashcroft, Erika Lunder, Karla Vasquez-Suarez

Faculty Scholarship

Appropriations, budget, and public debt law lurk in the recesses of public law. Every now and again, in a blaze of glory and spilled ink, they emerge under the guise of a constitutional issue. Should a constitutional question arise, usually separation of powers, amid a political stalemate, then an extended shutdown or debt ceiling drama steal the spotlight. After a last-minute compromise or, rarely, a judicial ruling, the green eyeshades return. Money, finance, public spending – whether mandatory or discretionary – exert little charm over lawyers, who went to law school to avoid arithmetic. But the federal government pays for …

Ignorance Of The Rules Of Omission: An Essay On Privilege Law, Rebecca Wexler

Faculty Scholarship

Evidentiary privileges--that is, rules that empower people to withhold evidence from legal proceedings-are one thread in a mesh of secrecy powers that control the flow of information in society. They are part and parcel of the laws, rules, norms, and practicalities that determine who can conceal and who can compel, that allocate power based on access to knowledge and its opposite. Despite the significance of privileges and of the harms that they produce, our understanding of this body of law has profound gaps.5 The questions posed above turn out to be more challenging than they might at first appear. Notwithstanding …

Private Enforcement In The States, Diego A. Zambrano, Neel Guha, Austin Peters, Jeffrey Xia

Faculty Scholarship

Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the past two decades, scholars have established that, almost uniquely in the world, the U.S. often relies on private parties rather than administrative agencies to enforce important statutory provisions. Take your pick of any area in American governance, and you will find private rights of action: environmental law, civil rights, employment discrimination, antitrust, consumer protection, business competition, securities fraud, and so on. In each of these areas, Congress has deliberately empowered private plaintiffs instead of, or in addition to, government agencies. …

Berlin Statement On Legacy And Emerging Contaminants In Polar Regions, Ralf Ebinghaus, Elena Barbaro, Susan Bengston Nash, Cristina De Avila, Cynthia A. De Wit, Valeria Dulio, Janine Felden, Antonio Franco, Juergen Gandrass, Marco Grotti, Heike Herata, Kevin A. Hughes, Morten Jartun, Hanna Joerss, Roland Kalleborn, Jan Koschorreck, Anette Küster, Rainer Lohmann, Zhanyun Wang, Matthew Macleod, Rebecca Pugh, Caren Rauert, Jaroslav Slobodnik, Roxana Sühring, Katrin Vorkamp, Zhiyong Xie

Graduate School of Oceanography Faculty Publications

Polar regions should be given greater consideration with respect to the monitoring, risk assessment, and management of potentially harmful chemicals, consistent with requirements of the precautionary principle. Protecting the vulnerable polar environments requires (i) raising political and public awareness and (ii) restricting and preventing global emissions of harmful chemicals at their sources. The Berlin Statement is the outcome of an international workshop with representatives of the European Commission, the Arctic Council, the Antarctic Treaty Consultative Meeting, the Stockholm Convention on Persistent Organic Pollutants (POPs), environmental specimen banks, and data centers, as well as scientists from various international research institutions. The …

When Judges Were Enjoined: Text And Tradition In The Federal Review Of State Judicial Action, Alexandra Nickerson, Kellen R. Funk

Faculty Scholarship

It is virtually a tenet of modern federal jurisdiction that judges, at least when they are acting as judges, are inappropriate defendants in civil suits. Yet on rare but salient occasions, state judges might be the sole or primary party responsible for violating the constitutional rights of citizens, for instance by imposing excessive bail or by opening their courtrooms to oppressive private suits like those under Texas’s Senate Bill 8 bounty regime. In such cases, injunctive relief against judicial officers may be the only or most effective remedy against constitutional violations, but federal courts from the trial level up to …

The End Of Asylum Redux And The Role Of Law School Clinics, Elora Mukherjee

Faculty Scholarship

The Biden Administration has perpetuated many of the prior administration’s hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the U.S.-Mexico border.

Exemplary Legal Writing 2020: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

For some years, John Coffee of the Columbia Law School, one of the country’s leading experts on corporate and securities law, has been critical of the government’s failure to effectively prosecute corporate crime. In this book, Coffee both propounds a general theory of why such criminality is rarely prosecuted in a meaningful way, and also offers some creative solutions to such underenforcement.

Child Development And The Family Regulation System, Clare Huntington

Faculty Scholarship

Child abuse and neglect clearly harm children, but the risks that accompany involvement with the family regulation system (also known as the child welfare system), especially placement in foster care, also present considerable risks to child development. This chapter describes these competing risks to child development, the legal framework governing the family regulation system, and scholarly debates in the field. It then analyzes the system in the broader context of the legal regulation of children, showing that the family regulation system is out of step with other areas and in need of significant reform. A core problem with the system …

Anticipatory Deference: What Will Courts Decide And Not Decide Before Enforcing An Agreement To Arbitrate?, George A. Bermann

Faculty Scholarship

The question of deference in international arbitration usually arises when the issue before a decision-maker, be it a tribunal or a court, is one that has already been addressed and ruled upon by another decision-maker over an arbitration’s life-cycle. The salience of this question stems from the fact that international arbitration is a highly iterative and staged process over the course of which different actors are successively confronted with the same issue. This is particularly the case in regard to jurisdictional issues because the authority of a tribunal to entertain a dispute is potentially an issue at all stages.

But …

The Gravity Of Legal Diffusion, Anu Bradford, Adam S. Chilton, Katerina Linos

Faculty Scholarship

A persistent empirical finding is that bilateral trade between two countries is proportional to the size of their economies and inversely proportional to their geographic distance. We hypothesize that a similar pattern is likely to hold for the diffusion of laws. We specifically argue that countries’ propensity to update their laws to converge with the leading regulator in a given policy area is likely to be proportional to the size of their economies and inversely proportional to their geographic distance. We then empirically test this theory in the area of antitrust and assess countries’ convergence to the world’s leading antitrust …

Demersal Fish Biomass Declines With Temperature Across Productive Shelf Seas, Daniel Van Denderen, Aurore A. Maureaud, Ken H. Andersen, Sarah Gaichas, Martin Lindegren, Colleen M. Petrik, Charles A. Stock, Jeremy Collie

Graduate School of Oceanography Faculty Publications

Aim: Theory predicts fish community biomass to decline with increasing temperature due to higher metabolic losses resulting in less efficient energy transfer in warm-water food webs. However, whether these metabolic predictions explain observed macroecological patterns in fish community biomass is virtually unknown. Here, we test these predictions by examining the variation in demersal fish biomass across productive shelf regions.

Location: Twenty one continental shelf regions in the North Atlantic and Northeast Pacific.

Time Period: 1980-2015.

Methods: We compiled high-resolution bottom trawl survey data of fish biomass containing 166,000 unique tows and corrected biomass for differences in sampling area and trawl …

Neighborhood Ecological Models Of Alcohol Outlet Density And Male–On–Female Domestic Violence: Accounting For Adjacent Place And Neighborhood Characteristics, Thomas H. Johnson, Aleksandra J. Snowden

Social and Cultural Sciences Faculty Research and Publications

Alcohol availability is a consistent predictor of domestic violence, including intimate partner violence. Less is known about the effects of alcohol availability in neighboring units of analysis on domestic violence. This study examined whether alcohol outlet density in Milwaukee, Wisconsin is associated with Male-on-Female domestic violence (MFDV). Using block groups as the unit of analysis (N = 571), spatial regression models were estimated to model the relationship between the density of total, on-premise, and off-premise alcohol outlets on MFDV, while accounting for the spatial spillover effect (i.e., alcohol availability and neighborhood characteristics in focal and surrounding block groups). At …

Racial Control Under The Guise Of Terror Threat: Policing Of Us Muslim, Arab, And Swana Communities, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

Using an analysis of U.S. government policies that have had high impacts on the personal safety and freedom of movement and expression of Arabs, Muslims, and others of Southwest Asian and North African (SWANA) origins living in or seeking to migrate to the US, this article argues that these policies mirror in significant ways a range of policies used currently and historically to police and control Black and brown bodies. Specifically, the article addresses three tactics shared across such policies: pre-emption, containment, and collective responsibility, and demonstrates how they are manifested in specific anti-terrorism and national security policies aimed at …

Beyond Abstractionism: Notes On Conjunctural State Theory, Michael A. Mccarthy

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.