Digital Commons Network^™

Strong Bonds : A Three-Day Retreat For Military Couples, Donald T. Bridges

ATS Dissertations

No abstract provided.

New Church, New Leaders? : How Do We Select The People Who Plant New Churches In The Future?, David Richards

ATS Dissertations

No abstract provided.

The Moderating Role Of Job Insecurity On The Relationship Between Psychological Contract Breach And Employee Turnover Intention, Madeline R. Clark

Master's Theses

The intentions for an employee to voluntarily leave their position at an organization has been widely researched, given it is a strong determinant of actual employee turnover. Psychological contract breach (PCB), an employee’s perception that their organization has failed to fulfill its promises or obligations, has been identified as a known predictor of employee turnover intention. While various moderators of the relationship between PCB and turnover intention have been explored in previous research, current literature had yet to examine how the job insecurity employees experience might be associated with this relationship. Therefore, the present study examined job insecurity as a …

Fichte’S 1804 Wissenschaftslehre: A Possible Reply To Schelling’S Bruno, Michael Vater

Philosophy Faculty Research and Publications

No abstract provided.

Bridging The Gap: Transforming Primary Care Through The Artificial Intelligence And Machine Learning For Primary Care (Aim-Pc) Curriculum, Winston Liaw, Brian Hischier, Cornelius A James, Ioannis Kakadiaris, Jacqueline K Kueper, Vasiliki Rahimzadeh

Center for Medical Ethics and Health Policy Staff Publications

No abstract provided.

The Seroprevalence Of Sars-Cov-2-Specific Antibodies In Australian Children: A Cross-Sectional Study, Archana Koirala, Jocelynne Mcrae, Philip N Britton, Marnie Downes, Shayal A Prasad, Suellen Nicholson, Noni E Winkler, Matthew V N O'Sullivan, Fatima Gondalwala, Cecile Castellano, Emma Carey, Alexandra Hendry, Nigel Crawford, Ushma Wadia, Peter Richmond, Helen S Marshall, Julia E Clark, Joshua R Francis, Jeremy Carr, Adam Bartlett, Brendan Mcmullan, Justin Skowno, Donald Hannah, Andrew Davidson, Britta S Von Ungern-Sternberg, Paul Lee-Archer, Laura L Burgoyne, Edith B Waugh, John B Carlin, Zin Naing, Nicole Kerly, Alissa Mcminn, Guillian Hunter, Christine Heath, Natascha D'Angelo, Carolyn Finucane, Laura A Francis, Sonia Dougherty, William Rawlinson, Theo Karapanagiotidis, Natalie Cain, Rianne Brizuela, Christopher C Blyth, Nicholas Wood, Kristine Macartney

Staff and Researcher Publications

Background: Following reduction of public health and social measures concurrent with SARS-CoV-2 Omicron emergence in late 2021 in Australia, COVID-19 case notification rates rose rapidly. As rates of direct viral testing and reporting dropped, true infection rates were most likely to be underestimated.

Objective: To better understand infection rates and immunity in this population, we aimed to estimate SARS-CoV-2 seroprevalence in Australians aged 0-19 years.

Methods: We conducted a national cross sectional serosurvey from June 1, 2022, to August 31, 2022, in children aged 0-19 years undergoing an anesthetic procedure at eight tertiary pediatric hospitals. Participant questionnaires were administered, and …

Afreeist Legal Theory And The Problem Of Innocence, Stephen G. Marks

Faculty Scholarship

Afreeism refers to the lack of the assumption that human beings have free will. Rather, it assumes that humans are subject to the same laws of physics, chemistry, biology, etc., that govern all other phenomena. Afreeist Legal Theory in turn is a legal theory that forgoes the assumption of free will. By foregoing the notion of free will, we also forgo notions of desert, blame, and moral responsibility. Human beings are causally or stochastically deterministic beings. As such, they can never do other than what they do. And because they never possess the ability to do otherwise, they are at …

Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro

Faculty Scholarship

Several legal scholars have discussed the role of slavery within their own family histories and a growing number of scholars are exploring the successes and strategies of lawyers and Black litigants in freedom suits and other litigation in the United States antebellum South. I build on these literatures with a focus on procedure. In this Article, I analyze procedures involved in a few of my ancestral and personal experiences. Some of the experiences with process involved litigation to be free from slavery while other experiences did not explicitly involve any law. But they all involved process.

Engaging in this practice—marshaling …

Venality: A Strangely Practical History Of Unremovable Offices And Limited Executive Power, Jed Handelsman Shugerman

Faculty Scholarship

The Roberts Court has asserted that Article II’s “executive power” implied an “indefeasible” or unconditional presidential removal power. In response to counterevidence from the Founding era, unitary executive theorists have claimed a “British Backdrop” of a general removal power under the English Crown and European “executive power.” These assumptions are incorrect.

This Article shows that many powerful executive officers through the late eighteenth century, especially high English Treasury offices and even “department heads” in the cabinet, were unremovable. A long common law tradition protected many English offices as freehold property rights. Moreover, this Article explains why it was widely understood …

Panel 2: Trademark Law, Stacey Dogan, Christine Haight Farley, Jessica Silbey, Rebecca Tushnet, Felix Wu

Faculty Scholarship

But that's because, you know, trademark law has interpreted the concept of confusion quite broadly to include, among other things, a notion of sponsorship confusion that might make you think it's a licensed product. All right. And then, in a somewhat circular way, it was decided that the existence of licensing markets is enough to show the way in which consumers are going to be confused about licensing. So that's the theory that Jack Daniel's brings. One of two theories. So that was one of two theories. The other one was a dilution, and in particular dilution by tarnishment, claiming …

A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey

Faculty Scholarship

The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and its legislative history despite it being a well-founded legal principle. It traces arguments in the foundational Supreme Court case (Feist Publications v. Rural Telephone Service) and in the Copyright Act’s legislative history to discern a basis for the fact-exclusion. That research trail produces a legal genealogy of the fact-exclusion based in early copyright common law anchored by canonical cases, Baker v. Selden, Burrow-Giles v. Sarony, and Wheaton v. Peters. Surprisingly, none of them …

Beyond "Hard" Skills: Teaching Outward - And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)'S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

In this article, we share some ways in which we have adjusted our teaching to comply with Standard 303(b)(3) by addressing professional identity formation through the vehicles of outward-facing and inward-facing character-based skills. We believe that if law students do not intentionally start *811 exploring their professional identities as soon as they step foot into law school, they run the risk of believing that legal education and practice are somehow separate from their inner, personal identities as lawyers when, of course, they are, and ought to be, enmeshed. By injecting skills into the 1L curriculum that force both the development …

2024 Adult Foster Home: Resident And Community Characteristics Report On Adult Foster Homes, Ozcan Tunalilar, Sarah Dys, Diana Jacoby, Wafi Albalawi, Minju Kim, Yuliana Levchenko, Paula C. Carder

Institute on Aging Publications

This year marks the 10th anniversary of the Resident and Community Characteristics Report on Adult Foster Homes as part of the Oregon Community Based Care project. The first of these reports was published in 2014 and looking back, one gets a sense of both stability and change. In this year’s report, we describe the results based on data we collected from AFHs licensed and monitored by the Aging and People with Disabilities program of the Oregon Department of Human Services (ODHS/APD). These are small residential settings that provide personal and health-related services for up to five residents. They are primarily …

Children At Work, Parental Rights–And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler

Faculty Publications

This Article examines the resurgence of child labor law rollbacks across the United States and argues that legislators and business‑aligned advocates increasingly deploy the rhetoric of “parental rights” to mask deregulatory efforts that primarily advance industry interests rather than children’s wellbeing or family autonomy. Tracing the historical tension among parental authority, state parens patriae power, and children’s welfare, the Article shows how contemporary invocations of parental rights—echoing arguments used a century ago to resist child labor reforms—operate as political cover for expanding hazardous work, extending hours, and reducing oversight in ways that endanger children and undermine their educational and economic …

Sound Marks, Deborah R. Gerhardt, Jon J. Lee

Faculty Publications

A lion roars just before a film rolls. A doughboy giggles. A giant green man laughs a hearty, "Ho, Ho, Ho." These iconic sounds are all federally registered as trademarks. They identify specific brands and distinguish their products and services from the competition. Human brains treat sounds like these as categorization tools and cognitive shortcuts—ideal trademark symbols. But what about the sounds your favorite toys or electronic devices make? Or those made by a fictional character in the latest blockbuster?

This Article tackles these issues and others. We push back against the widely-held belief that all unconventional trademarks—product designs, colors, …

Masking Identity At Public Protests, Deborah R. Gerhardt

Faculty Publications

This Article will explore these issues to assist those seeking to enact constitutionally valid mask policies. To situate today’s mask regulation challenges in the context of American history, Part I reviews events that led to enactment of anti-mask laws many years ago. Part II explains when the First Amendment protects the right to wear a mask in public and when such permission may be lawfully abridged. The section explains the importance of analyzing whether wearing a mask in public is sufficiently expressive to merit First Amendment protection. When it is, the next challenge is to identify the constitutional standard for …

Labor Law’S Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch

Faculty Publications

The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …

Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky

Faculty Publications

When agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. On the one hand, legislative rules make …

Medical Board Discipline Of Physicians For Spreading Medical Misinformation, Richard S. Saver

Faculty Publications

IMPORTANCE False medical information disseminated dangerously during the COVID-19 pandemic, with certain physicians playing a surprisingly prominent role. Medical boards engendered widespread criticism for not imposing forceful sanctions, but considerable uncertainty remains about how the professional licensure system regulates physician-spread misinformation.

OBJECTIVE To compare the level of professional discipline of physicians for spreading medical misinformation relative to discipline for other offenses.

DESIGN, SETTING, AND PARTICIPANTS This cross-sectional study analyzed and coded publicly reported medical board disciplinary actions in the 5 most populous US states. The analysis included data from January 1, 2020, through May 30, 2023, for California, Florida, New …

The Uptake And Measurement Of Alternative Approaches To Domestic Violence Intervention Programs: A Scoping Review, Julia K. Campbell, Sydney Nicolla, Deborah M. Weissman, Kathryn E. Moracco

Faculty Publications

This scoping review explores the breadth and depth to which Domestic Violence Intervention Programs (DVIPs) in the United States and globally: (a) incorporate components that address the relationship between intimate partner violence (IPV) and social injustice, racism, economic inequality, and adverse childhood experiences (ACEs); (b) use restorative (RJ)/ transformative justice (TJ) practices, individualized case management, partnerships with social justice actors, and strengths-based parenting training in current programming; and (c) measure effectiveness. In 2021, we searched 12 academic databases using a combination of search terms and Medical Subject Headings. In all, 27 articles that discussed at least one key concept relative …

Natural Objects And Testamentary Freedom, Kevin Bennardo

Faculty Publications

This Article explores the tension between inheritance law’s designation of certain beneficiaries as natural and unnatural for certain purposes and its organizing principle of testamentary freedom. Either inheritance law is primarily concerned with effectuating the preference of the decedent or it is primarily concerned with safeguarding the economic health of the family. It cannot be both. Ultimately, one of these two must yield. Either we acknowledge that decedents don’t have the level of dispositional freedom that is advertised or we change the law’s designation of some devises as natural and other as unnatural.

This Article proposes a pathway to relieve …

Shsp Dean's Newsletter, Winter 2024, Robert W. Amler

SHSP Dean’s Newsletter

No abstract provided.

American Association Of Law Libraries Academic Special Interest Section White Paper On Continuing Status And Tenure Of Law Librarians, Aall Special Interest Section On Academic Law Libraries Subcommittee On Continuing Status And Tenure, Stephanie Davidson, Cindy Hirsch, Caroline Osborne, Brian Quigley, Jessica Whytock

Faculty Publications

In 2023 the ALL-SIS Continuing Status/Tenure Committee was charged with developing a white paper to provide information on the status, rights, and responsibilities of academic law librarian positions. The information provided in this paper is intended to allow law librarians to make informed career choices, increase knowledge of the rights and obligations of librarian positions, and ensure the development of necessary skills and education for future new positions. Clarity on how positions are structured, their required skills, and credentials is essential at all levels of experience for planning and development for future career growth.

This White Paper does not advocate …

Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid

Faculty Publications

No abstract provided.

Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland

Faculty Publications

Metadata, often referred to as “data about data,” plays a crucial role in the digital world. It encompasses embedded information within electronic documents that reveals details about their creation, modification, and transmission. In legal proceedings, metadata can be both helpful and controversial, as it can expose sensitive information and potentially support or refute claims of fabricated evidence. With the widespread use of smartphones and other electronic devices, individuals generate vast amounts of personal data, including metadata, that can provide detailed insights into their lives.

This Article explores the significance of metadata in various contexts, such as digital photographs, and highlights …

Challenges And Coping Strategies In Transitioning From Caregiving To Widowhood: A Systematic Review, Abby Baumbach, M. Courtney Hughes, Yujun Liu

Faculty Articles, Papers, and Other Scholarship

Ninety-one percent of surviving spouses in the U.S. cared for their spouses before they died. This review explores the challenges of the transition from caregiving to widowhood and different coping strategies used by widowed spousal caregivers. A systematic review of literature on the transition from caregiving to widowhood was conducted using four major academic search engines. Overall, 280 articles were identified, with 22 meeting the inclusion criteria. Challenges for widowed caregivers included experiencing care burden, letting go of the caregiver role, grief, and triggers. Widowed caregivers’ coping strategies included social support and services use, filling the time gap, finding spirituality, …

Patient, Referring Physician, And Radiologist Opinions Over Time On Providing Patients Access To Radiology Reports: A Systematic Review, Mohammad Alarifi, M. Courtney Hughes, Abdulrahman M. Jabour, Yazeed Alashban, Erin Vernon

Faculty Articles, Papers, and Other Scholarship

Objective: Patients increasingly have access to their radiology reports. This systematic review examined the opinions of patients, referring physicians, and radiologists over time on providing patients full access to their radiology reports.

Methods: A systematic review examining quantitative, qualitative, and mixed methods research using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines (PROSPERO CRD42023466502). Our search was conducted through September 30, 2023, and spanned five databases (CINAHL Plus, Web of Science, ProQuest, PubMed, and Scopus). The studies included were peer-reviewed journal articles about the opinions of patients, referring physicians, or radiologists regarding giving patients unrestricted access to their …

University Biology Classrooms As Spaces For Anti-Racist Work: Instructor Motivations For Incorporating Race, Racism, And Racial Equity Content., Nicole L. Scheuermann, Candice Idlebird, Sayali Kukday, Vance J. Mccracken, Rachel E. Bradley, Heather E. Bergan-Roller

Faculty Articles, Papers, and Other Scholarship

Science is often portrayed as a meritocratic endeavor, but university biology programs exhibit high rates of student attrition, particularly among students of Color, despite similar interest and aptitude for science, technology, engineering, and mathematics (STEM) as White students. Culturally relevant pedagogy is associated with student persistence in STEM. One way to practice culturally relevant pedagogy in biology courses is to engage students in discussions of race, racism, or racial equity. Guidance exists to help instructors incorporate race-related topics into the biology curriculum, but the reasoning behind the decision of whether to adopt this practice is not well characterized. Understanding instructors’ …

Us Hospices’ Approach To Racial/ Ethnic Minority Inclusion: A Qualitative Study, M. Courtney Hughes, Erin Vernon, Monica Kowalczyk, Marlon Basco-Rodillas

Faculty Articles, Papers, and Other Scholarship

Objective: To examine hospices’ approaches to improving the current racial/ethnic hospice utilisation disparity.

Methods: During June and July 2020, we conducted in-depth, semistructured interviews with 22 hospice leaders from across the USA. The interviews focused on inclusive strategy approaches. We analysed the data using qualitative methods.

Results: Multiple themes emerged about racial/ ethnic minority inclusion strategies: (1) hospices tailor strategies to the local communities they serve; (2) improvement involves addressing social determinants of health that extend beyond end-of-life care; (3) costs of strategies are not a primary concern and the benefits are worth the costs; and (4) hospices want to …

Investigating The Impact Of Leaderboards, Badges, And Ebucks On High School English Language Learners’ Cognitive Engagement, Self-Efficacy And Intrinsic Motivation Toward Reading In English, Omar J. Almamoori

Theses and Dissertations--Curriculum and Instruction

This study examines the impact of gamification elements, in particular leaderboards, badges, and eBucks, on the cognitive engagement (CE), intrinsic motivation (IM), and self-efficacy (SE) of English Language Learners (ELLs) at a high school in the Southeastern United States. The investigation, conducted during optional weekly readings, utilizes a mixed methods design to investigate the effects of gamification on ELLs' learning experiences. Through pre-post surveys and semi-structured interviews, data was collected to assess the gamified intervention's impact. Utilizing a one-way covariate analysis (ANCOVA) in IBM SPSS Statistics (version 29), the study evaluates the effect of gamification while controlling for grade, gender, …