Digital Commons Network^™

Antitrust Scrutiny Of The Medical Staff Plan, Cynthia Teresa Churchill

Maine Law Review

Advances in medical technology over the past 50 years have made access to a hospital, its medical staff, and the support facilities and equipment it provides essential for many physicians. Until recently it was not difficult for a qualified physician to obtain staff privileges. In recent years, however, an increasing number of hospital governing boards across the United States have begun to design and implement what are known as "medical staff plans." The often-stated purpose of these plans is to alleviate hospital overcrowding and unstructured staff growth by applying an ordered approach to future medical staff growth, taking into account …

Group Homes For The Mentally Retarded In Maine: Legislative Intent And Administrative Process, James C. Hunt

Maine Law Review

Historically, mentally retarded citizens of Maine have been confined to Pineland Center, the state's principal institution for the mentally retarded. In 1975 a class action suit, Wuori v. Zitnay, was filed in federal district court on behalf of "involuntarily confined" Pineland residents and "conditionally released" residents "in need of care . . . in a humane and healthful . . . environment." Three years later agencies and officials of the State of Maine entered into a consent judgment which laid down a "comprehensive plan designed to bring about speedy and meaningful relief" to the plaintiff class. The relief granted was …

Personal Injury Compensation As A Tax Preference, Lawrence A. Frolik

Maine Law Review

Samuel Johnson tells us "[d]epend on it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully." Projected federal budget deficits in the realm of $200 billion a year for the foreseeable future ought to have a similar effect: a concentration on means of reducing these unacceptable deficits. The simple answer is either to spend less or tax more, or perhaps, a bit of both. If we choose to tax more, we must either raise tax rates or widen the tax base, or both. The former, a general rise in tax rates, …

Letter To Eliza Milam From Joseph And Laura Milam Informing Her They're In Good Health

McKinney and Milam Family Papers

Letter to Eliza Milam from Joseph and Laura Milam informing her they're in good health.

Letter To C. M. Milam From Joseph J. [Milam] Informing Him Of The Fathers Ill Health.

McKinney and Milam Family Papers

Letter to C. M. Milam from Joseph J. [Milam] Informing him of the Fathers ill health.

Letter From Laura Leek Milam Mathews To Eliza Milam Informing Her That They Are Fine And In Good Health.

McKinney and Milam Family Papers

Letter from Laura Leek Milam Mathews to Eliza Milam informing her that they are fine and in good health.

Letter From Laura Leek Milam Mathews To Eliza Milam Informing Her That They Are Fine And In Good Health.

McKinney and Milam Family Papers

Letter from Laura Leek Milam Mathews to Eliza Milam informing her that they are fine and in good health.

In Re Daniel C.: Reunification Efforts And The Termination Of Parental Rights, James W. Claus

Maine Law Review

In In re Daniel C., the Maine Supreme Judicial Court, sitting as the Law Court, affirmed an order terminating a father's parental rights pursuant to title 22, section 4055 of the Maine Revised Statutes. The issue on appeal concerned the effect of a failure by the Department of Human Services (DHS) to make efforts toward family reunification. The appellant, Daniel C.'s father, Everett Co., argued that the DHS failed to make adequate reunification efforts as required by title 22, section 4041 of the Maine Revised Statutes and that this failure precluded the termination of his parental rights. The Law Court …

In Re Caulk: A Prisoner's Right To Die—The Factor Of Intent, Laurence H. Leavitt

Maine Law Review

In prisons throughout the United States, prisoners commonly use hunger strikes as an avenue of protest to make personal demands, to call attention to poor prison conditions, or to make various political statements. Prisoners typically choose this route because they view their own bodies as one of the few things over which they actually have control and because the extreme slowness of a hunger strike gives others the chance to meet their political or personal demands. When confronted with such attempts at starvation, prison officials almost invariably have resorted to force-feeding the hunger strikers, although in recent years some prison …

State V. Durepo: Toward A Principled Maine Version Of The Impeachment Exception To The Exclusionary Rule, Andre D. Bouffard

Maine Law Review

As one might have anticipated, the broad substantive mandates of the major Warren Court exclusionary rule decisions have not been left completely intact by later Supreme Court decisions. Instead, the scope of the evidentiary exclusionary doctrine established by the Warren Court has been significantly narrowed by later Supreme Court decisions that have created numerous exceptions to the general command of the exclusionary rule that evidence obtained through unconstitutional means is inadmissible in a criminal trial. Although some members of the present Court argue that the exceptions to the exclusionary rule are consistent with the purposes of the rule, and therefore …

State V. Farnham: The Defendant's Exercise Of The Right To Stand Trial As Negative Character Evidence, Richard F. Buckley

Maine Law Review

A defendant in a criminal case may not receive a more severe sentence because he exercised his sixth amendment right to stand trial. However, determining when a court has more severely sentenced a defendant for exercising his constitutional right to a jury trial is a difficult task. Some argue that a defendant's choice to stand trial is relevant to the sentencing process as character evidence. The decision to stand trial, the argument goes, indicates a defendant's lack of remorse and an unwillingness to take the first step toward redemption by admitting his guilt. Others take the position that consideration in …

Home Rule And The Pre-Emption Doctrine: The Relationship Between State And Local Government In Maine, Robert W. Bower Jr.

Maine Law Review

The legal relationship between a state government and a municipal government determines the powers and responsibilities of these two political entities. In Maine this relationship is complex and uncertain due to ambiguities in the constitutional and statutory scheme governing it and due to the Maine Supreme Judicial Court's narrow and inconsistent interpretation of that scheme. This Comment discusses the various methods for delegating power to municipalities, including the traditional method which was used in Maine prior to 1970. In addition, this Comment examines the "home rule" scheme enacted in 1970 and its subsequent judicial interpretation and application. Any statutory or …

American Home Assurance Co. V. Ingeneri: Misrepresentations In Insurance Applications, Richard P. Bennett

Maine Law Review

In American Home Assurance Co. v. Ingeneri, the Maine Supreme Judicial Court, sitting as the Law Court, addressed the issue of when an incorrect response to a question on an insurance application constitutes a sufficient misrepresentation to render the policy voidable under Maine law. Reversing the trial court, the Law Court held that to render the policy voidable, the applicable statutory provision required the insurer to prove that the insured's misrepresentation was fraudulent, material to the insured risk, and actually relied upon by the insurer. The Law Court determined that the word "or" in the misrepresentation statute should be read …

Keeping Big Issues Off The Table: The Supreme Court On Entrepreneurial Discretion And The Duty To Bargain, James Friedman

Maine Law Review

Over the past decade a number of major American industries have declined or radically restructured in the face of foreign competition. In 1982, for example, more than 1.2 million American workers were either temporarily or permanently laid off as companies curtailed operations or moved abroad. Two hundred thousand people lost their jobs in 1982 due to plant shutdowns. In recent times the steel and auto industries have provided the most visible examples of massive cutbacks in employment, but jobs have also disappeared in other industries such as electrical manufacturing, machine manufacturing and textiles. Although much public debate and disagreement exists …

Public School Integration Of Children With Handicaps After Smith V. Robinson: "Separate But Equal" Revisited?, Robert J. Goodwin

Maine Law Review

Under the direction of Chief Justice Burger the United States Supreme Court has issued several opinions limiting the availability of federal causes of action. While one benefit of this trend may be a reduction in the volume of federal litigation, the costs may include the limitation of substantive federal rights. The recent Supreme Court decision in Smith v. Robinson narrowly construed the availability of certain federal causes of action, and it illustrates how such a ruling, although procedural on its surface, in reality can operate to erode substantive rights. In Smith the Court concluded that a handicapped child could not …

Food Deserts, Socioeconomic Status, And Health In The City Of Detroit, Nolan Booth

Rushton Journal of Undergraduate Humanities Research

While many attribute health disparities in Detroit residents to the phenomenon of food deserts, this essay takes a closer look at such a seemingly obvious explanation and critically examines the concept of food deserts. This essay argues that the commonly held definition of food desert is inadequate for describing the complexities of a setting such as Detroit, and the true cause of the health disparities between the city and surrounding suburbs can be attributed to the lower socioeconomic status of the average Detroit resident, itself a product of racist housing policies and segregationist laws.

The Green Agent: Detroit's Urban Agriculture, Lydia Bonney

Rushton Journal of Undergraduate Humanities Research

This paper examines the role that urban agriculture has played in the lives of the citizens of Detroit throughout its history. By using newspaper articles, books, scholarly journals, websites, and one self-conducted interview, this essay explores several Detroit urban agriculture programs. Analysis of past successes and failures of urban agriculture programs shows how investing in urban agriculture today may address many similar problems Detroit faces. Thanks to the city’s unique landscape, community, and spatial disparity, Detroit has the potential to become a world leader in urban agriculture.

Review Of Decolonial Archival Futures, Taylor F. Henning

Journal of Contemporary Archival Studies

This review of Decolonial Archival Futures asserts that the book is about colonial roots of Western archival practice, challenging traditional archival standards, and archival power. The book provides case studies from the United States, Canada, Australia, and New Zealand to demonstrate examples of recentering archival recordkeeping practices on Indigenous communities and post-custodial models of recordkeeping. Decolonial Archival Futures is highly recommended for any archivists working with records by our about Indigenous communities, as well as any information professionals interested in learning about challenging traditional archival paradigms.

The Blm's Public Lands Rule And "Periodic Adjustments In Use To Conform To Changing Needs And Conditions" Under The Federal Land Policy And Management Act, Jamie Pleune

Pace Environmental Law Review

On May 9, 2024, the Bureau of Land Management (BLM) finalized new regulations, cumulatively referred to as the “Public Lands Rule.” According to the preamble for the rule, the purpose of the regulations is “to advance the BLM’s multiple use and sustained yield mission by prioritizing the health and resilience of ecosystems across public lands.” When making land management decisions, the definition of multiple use requires the BLM to take into account “the long-term needs of future generations.” Those resource needs include “recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values.” Despite this directive, …

Developing A Trauma-Informed Family-Centered Care Toolkit For Neonatal Intensive Care Unit Nurses, Sonja A. Alli-Casella

DNP Qualifying Manuscripts

Background: The neonatal intensive care unit (NICU) may be a stressful, traumatizing, or re-traumatizing experience for parents of critically ill newborns and infants.

Problem: NICU nurses and other healthcare providers may not realize their impact on parental stress responses as neonatal care providers may not have adequate training to support adults experiencing acute emotional distress.

Methods: Strong evidence supports using family-centered care (FCC) in the NICU to promote bonding and parental involvement in caring for their infants. This manuscript aims to review current research and literature on trauma-informed care training and its impact on nurse confidence in managing dysregulated adults, …

Optimal Algorithm For Managing On-Campus Student Transportation, Youssef Harrath, Jood Alyusuf, Zeena Ghulam, Muna Aldoseri

Research & Publications

This study analyzed the transportation issues at the University of Bahrain Sakhir campus, where a bus system with an unorganized and fixed number of buses allocated each semester was in place. Data was collected through a survey, onsite observations, and student schedules to estimate the number of buses needed. The study was limited to students who require to move between buildings for academic purposes and not those who choose to ride buses for other reasons. An algorithm was designed to calculate the optimal number of buses for each time slot, and for each day. This solution could improve transportation efficiency, …

Beyond The Greenwash: Identifying Genuine Corporate Sustainability, Victoria Agbakwuru

Lincoln Memorial University Law Review Archive

As sustainability becomes a critical factor in corporate strategy and consumer decision-making, the rise of greenwashing—where companies exaggerate or falsify environmental claims—poses a significant challenge. This article delves into the legal landscape of greenwashing in the United States and the European Union. It considers regulations specifically tailored to combating greenwashing and encouraging sustainability in those regions. Genuine sustainability practices that companies can engage in are identified and recommended. These include embracing ESG reporting, truth in advertising, transparency, certification and compliance, consistency, and accountability.

An Examination Of The Impact Of A Dishonorable Discharge Upon Second Amendment Rights., Heidi Timmerman

Lincoln Memorial University Law Review Archive

I participated in multiple court-martials and administrative discharges during my time of active-duty military service, primarily representing the servicemember’s command. Twenty years later, a federal criminal law course in law school drew my attention to specific consequences of military discharges. This article explores U.S. discharge policies, practices, consequences of discharge types, and the possible recourse paths. This examination started with research on discharge impacts on one’s Second Amendment right to bear arms; however, an array of discharge impacts emerged.While the U.S. Code provides discharge guidelines, each branch of the U.S. military is given a wide berth in application of the …

The Complete Genome Sequence Of Splendidofilaria Pectoralis (Onchocercidae, Rhabditida, Chromadorea, Nematoda), Andrew Sweet, Robert E. Wilson, Jack Reakoff, Sarah A. Sonsthagen, Colleen Hurst, Stacy Pirro

School of Natural Resources: Faculty Publications

We present the complete genome sequence of Splendidofilaria pectoralis, a nematode parasite of grouse (Aves: Galliformes: Tetraonini). Illumina paired-end reads were assembled by a de novo method followed by a finishing step. The raw and assembled data are publicly available via GenBank: Sequence Read Archive (SRR28509439) and assembled genome (JBFSWT000000000).

Adolescent Dieting And Eating Disorders: Considerations For Counselors, Josephine Sticha

Counselor Education Capstones

A crucial time for an individual’s development is during adolescence. During this developmental stage, the media, social influences, and cultural pressures contribute to a teenager’s body dissatisfaction and disordered eating habits. Nearly 22% of adolescents engage in unhealthy weight-loss behaviors such as skipping meals, fad diets, excessive exercise, and dangerous purging practices due to experiencing weight and body dissatisfaction (Whyte & Findlay, 2004). Other factors such as low self-esteem, peer pressure, and the desire for increased social status have been known to exacerbate these behaviors. Dieting practices intensify these risks and increase the likelihood of developing nutritional deficiencies and eating …

From Beating Students Down To Building Students Up: Eradicating The School-To-Prison Pipeline, Aubrian Sanders

Lincoln Memorial University Law Review Archive

This note examines the school-to-prison pipeline, its impact on minority children, and strategies for its elimination. The school-to-prison pipeline systematically removes minority children from the classroom. This process facilitates their entry into the justice system through school punishments, the use of school resource officers, and the harsh conditions of the juvenile justice system which has devastating effects on the minority youths in America. To correct this problem, action must be taken at every step along the pipeline to completely alter the behavior that destines the minority youth of America to incarceration. These key steps include reforming school discipline, removing school …

Biglaw's Campus Reach, Raj Ashar

Lincoln Memorial University Law Review Archive

At many top-ranked law schools, BigLaw firms are the top destination for graduating students. But their presence in the lives of law students starts well before graduation. This note documents the symbiotic relationship between law firms and top law schools, identifying ways in which BigLaw firms embed themselves in these institutions. It then attempts to explain the reason for this strong connection and identifies some potential risks of allowing firms regular access to law students. Finally, it lays out proposals for reform including the regulation of firm sponsorships and changing the recruiting process.

Harmonizing Impact: Aligning Nonprofit Mission With Key Performance Indicators, Mary Alice Dunphy

Walden Dissertations and Doctoral Studies

Music school leaders struggle to balance delivering impactful programs with maintaining operational efficiencies. Developing effective strategies to address these inefficiencies is crucial for maximizing the impact of music education and ensuring long-term institutional success. Grounded in the Baldrige performance excellence framework, the purpose of this qualitative single case study was to explore the strategies nonprofit leaders use to identify holistic performance measurements to enhance operational efficiencies and effectiveness. The participants were three senior leaders of the school. Data were collected through semistructured interviews and an analysis of internal documents and archival data. Through thematic analysis, five themes were identified: (a) …

Barriers To Prompting And Shaping Techniques In Behavior Intervention For People With Autism, Olumuyiwa O. Fagbohun

Walden Dissertations and Doctoral Studies

This study investigated the barriers to effective prompting and shaping techniques in behavioral interventions for individuals with autism spectrum disorder (ASD). Using a generic qualitative design grounded in Skinner’s behaviorism theory as a theoretical framework, the study was focused on the experiences of 10 behavioral intervention specialists with at least 5 years of experience implementing these techniques. Data from one-on-one interviews with 10 participants were analyzed using thematic analysis to reveal three key issues: insufficient integration of contingent reinforcement, neglect of environmental settings, and underutilization of comprehensive behavioral strategies. These findings highlight the need for treatment programs to adopt a …

You're With Me While I Wait, Emily Williams

Masters Theses

The provided thesis is a compilation of an artistic statement, critical paper, and chapters of a novel which I have crafted during my MFA program. In essence, this thesis reflects all I have learned in my academic endeavors to this point and how those endeavors have encouraged my creativity.

For the artist statement, I share the creative process behind my manuscript, including the “why” of glorifying God with my writing that has fed the chapters for my novel. My critical paper highlights the craft element of medical theme weaved throughout the story. I examine the inclusion of medicine in literary …