Digital Commons Network^™

Enhancing The Service Delivery For Adolescents Using The Mental Health Continuum Through Occupational Therapy, Jadalyn Lane Wagner

Occupational Therapy Capstones

Purpose: The purpose of this scholarly project was to understand how occupational therapy services can enhance the quality of mental health services for adolescents and across the life span. The materials developed provide occupational therapy practitioners resources to demonstrate their unique value and role within the interdisciplinary teams and settings within the mental health continuum of care.

Methodology: The Model of Human Occupation was utilized to organize the literature review that led to the creation of the materials (O’Brien, 2017). Reviewing the literature with the model allowed for a thorough understanding of the needs of adolescents with mental illness, the …

An Occupation-Based Approach To Stroke Recovery In Rural America, Julia Warmack

Occupational Therapy Capstones

Purpose In the United States, strokes are one of the leading causes of death as well as a leading cause of long-term disability (Centers for Disease Control and Prevention [CDC], 2022). Due to the disease's demanding and intense nature, occupational therapists must provide evidence-based care to help support those in need. Occupation-based treatment has been proven to provide better long-term results and improve the transferability of skills (Rostami et al., 2017). However, many practitioners still rely on rote exercise due to lacking resources, access, or training (Centers for Disease Control and Prevention [CDC], 2017).

Methodology A model-guided literature review was …

Real Individuals Striving For Excellence (Rise): An Occupational Therapy Based Re-Entry Program For A Rural Jail Facility, Kennedy Tooke

Occupational Therapy Capstones

Title: Real Individuals Striving for Excellence (RISE): An occupational therapy based re-entry program for a rural jail facility.

Introduction: The United States criminal justice system continues to be known for currently holding over 2 million people within state, federal, local, and juvenile correctional facilities (prisonpolicy.org, 2021). Jail incarceration rates have increased 15% from 2020 to 2021 following a 26% decline from midyear 2019 (Zeng, 2022). Many individuals involved in the criminal justice system will be arrested again within the same year due to unsuccessful transitions back into the community. The purpose of this scholarly project was to develop a program …

Improving Occupational Performance For Survivors Of Sex Trafficking: An Executive Functioning Program, Riley P. Thomas

Occupational Therapy Capstones

Purpose: In 2021, the U.S. reported 10,360 human trafficking cases, of which 7,499 or 72% were explicitly identified as instances of sex trafficking (National Human Trafficking Hotline, 2021). Sex trafficking is “a form of modern-day slavery in which individuals perform commercial sex through the use of force, fraud, or coercion” (National Human Trafficking Hotline, n.d., para. 1). Due to survivors of sex trafficking being exposed to dehumanizing and traumatic events, this may impact the ability to participate and engage in daily activities related to an individual's executive functioning and life skills. The purpose of this scholarly project was to analyze …

The Legally Binding Character Of The International Holocaust Remembrance Alliance Working Definition Of Anti-Semitism, Kenneth L. Marcus

Lewis & Clark Law Review

No abstract provided.

Intersectionality Matters In Food And Drug Law, Colleen Campbell

University of Colorado Law Review

Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA’s prior restriction on access to contraceptive birth control illustrates how patriarchal and paternalistic attitudes within the Agency can harm women’s reproductive health. However, there is little analysis of how race and gender intersect in this domain. This Article uses the regulation of skin-lightening cosmetics products to illustrate why and how intersectionality matters in food and drug law. While the …

Beyond Discrimination: Market Humiliation And Private Law, Hila Keren

University of Colorado Law Review

Market humiliation is a corrosive relational process to which the law repeatedly fails to respond due to the law’s heavy reliance on the discrimination paradigm. In this process, providers of market resources, from housing and work to goods and services, use their powers to reject or mistreat other market users due to their identities. They thus cause users severe harm and deprive them of dignified participation in the marketplace. The problem has recently reached a peak. The discussion in 303 Creative v. Elenis indicates that the Supreme Court might legitimize market humiliation by granting private providers broad free speech exemptions …

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah Sherman-Stokes

University of Colorado Law Review

The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its “Alternatives to Detention” (“ATD”) program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just about 1,700 in 2005. ICE’s rapidly expanding Alternatives to Detention program is a “digital cage,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have characterized these digital cages as …

Union Autonomy And Federal Intrusion, Hannah Borowski

University of Colorado Law Review

Union autonomy, a critical aspect of the health and growth of unions and employee power broadly, is weakened by (1) the Department of Justice’s (DOJ) attempts to target organized crime through civil Racketeer Influenced and Corrupt Organizations Act (RICO) litigation against unions and (2) the creation of federal trusteeships in settlement, both of which can be analyzed through litigation between the DOJ and the International Brotherhood of Teamsters (Teamsters or IBT) at the end of the 20th century. The field of compliance offers a solution to prevent these breaches of union autonomy. Relying on the Federal Sentencing Guidelines and the …

Facts On Trial: Alliance For Hippocratic Medicine V. Fda And The Battle Over Mailed Medication Abortion, Rachel Rebouché .

University of Colorado Law Review

No abstract provided.

Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council

University of Colorado Law Review

No abstract provided.

The Voluntary Carbon Market: Market Failures And Policy Implications, Vittoria Battocletti, Luca Enriques, Alessandro Romano

University of Colorado Law Review

Many companies have made environmental pledges and launched products that claim to be carbon neutral. In most of these instances, corporations rely on carbon offsets. In this Article, we investigate the functioning of the market on which these offsets are created and exchanged, namely the voluntary carbon market, and look into the question of whether and, if so, how it should be subject to regulation. We start by shedding light on the mechanics of this market and then explain why a well-functioning voluntary carbon market is necessary to fight global warming and can also help developing countries build less carbon-intensive …

Carbon Pricing For A Just Transition, Jeff Todd

University of Colorado Law Review

The legal tools to avoid the potential disasters of climate change are already available, at least according to economists. Economists overwhelmingly prefer carbon pricing tools like carbon taxes and cap-and-trade programs to combat climate change and guide the energy transition. Carbon pricing is more cost effective at lowering carbon and other greenhouse gases (GHGs) than other legal options such as efficiency standards, renewable portfolio standards, subsidies, and tax credits and deductions. Unlike those other options, carbon pricing targets both the supply of and the demand for GHG-emitting products and services; moreover, it gives firms and consumers flexibility in how best …

Force Majeure And The Law Of The Colorado River: The Confluence Of Climate Change, Contracts, And The Constitution, Mary Slosson

University of Colorado Law Review

Climate change is causing significant, permanent changes to the natural world. In the Colorado River Basin, experts forecast that rising temperatures will cause the spread of a drier, more arid climate across the region. The effects of this desertification are already being felt: less rainfall, the loss of deciduous forests, wildfires that engulf urban areas, and a projected 20 to 30 percent reduction in flows on the Colorado River by mid-century. The net effect is an existential crisis for the forty million people that reside in the Colorado River’s watershed. Mitigating the effects of climate change requires swift action. However, …

A First Amendment Failure: Surrendering To Science Misinformation For Bioengineered Foods, Casey J. Nelson

University of Colorado Law Review

Government-compelled commercial disclosures are not unfamiliar to consumers. Common labels include nutrition facts and ingredient information. The National Bioengineered Food Disclosure Standard, which took full force at the start of 2022, is of a different nature. The new law requires all manufacturers, all importers, and certain retailers of bioengineered foods to disclose on the food’s packaging that it has been produced with bioengineering technology. Even so, a large swath of the public is ignorant of “bioengineering’s” true meaning and bioengineering technology’s true quality. The politically charged and fact-lacking debate on bioengineered foods renders this standard an impermissible coercion of speech …

Politics Before Pensions: How New Esg Rules Expose Public Pension System Vulnerabilities, Danilo Risteski

University of Colorado Law Review

As some of the largest institutional investors in the United States, public pension funds wield considerable power over investment decisions. A recent trend highlights this extraordinary power: state pension funds have started exploiting their retirees’ pensions to force investment companies to invest in accordance with their respective states’ political priorities. Nowhere is this trend more obvious than in the environmental, social, and governance field. On one hand, states like Maine have passed legislation prohibiting public pension funds from investing in fossil fuels companies. On the other hand, states like Texas have passed laws prohibiting state entities from doing business with …

Estate To State: Pay-To-Stay Statutes And The Problematic Seizure Of Inherited Property, Brittany L. Deitch

University of Colorado Law Review

Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay laws take many forms, in general, they authorize the government to seek recompense for an individual’s incarceration costs from the currently or formerly incarcerated person’s assets and income. Many states permit the seizure of inherited property to satisfy this legal financial obligation. Pay-to-stay laws have survived constitutional challenges thus far, but some state legislatures …

Colonizing Queerness, Jeremiah A. Ho

University of Colorado Law Review

This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …

Adoption As Substitute For Abortion?, Malinda L. Seymore

University of Colorado Law Review

In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, “[s]tates have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously.” Second, “a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement, but it is often embraced by pro-choice advocates as well. This position is supportable …

It’S Past Time: Unionization And Self-Determination In Minor League Baseball, Chris Rowley

University of Colorado Law Review

For more than a century, labor disputes have tormented the relationship between American professional baseball players and management. Although Major League Baseball players unionized in the 1960s, disagreements over workplace conditions and ever-growing profit allocations endured for decades. The first thirty years of collective bargaining between players and League post-unionization fostered notable improvements in players’ labor conditions. However, those years were also plagued by acrimonious negotiations, grievances, lawsuits, lockouts, strikes, and eventually, the cancellation of the 1994 World Series. The story in Minor League Baseball is altogether different. Its players, despite their close nexus with the Major League game, did …

Lexisnexis’S Contract With Ice As Unjust Enrichment, Lizzie Bird

University of Colorado Law Review

For $22.1 million, LexisNexis is currently helping Immigration and Customs Enforcement (ICE) surveil, detain, and deport noncitizens. Like other data brokers, LexisNexis’s role in the collection and sale of personal information has largely been ignored by regulators, judges, and the public. A recent lawsuit against LexisNexis in Illinois includes, among other claims, a claim of unjust enrichment. This often misunderstood and unpopular claim has a complex history which presents both a barrier to relief and an opportunity for advocates to push courts to clarify the doctrine. This Note examines the history of the theory of unjust enrichment, surveys its recent …

Renewing Study Into The Oldest Hatred: Introduction To The Law Vs. Antisemitism Symposium, David Schraub

Lewis & Clark Law Review

This short essay provides an introduction to the Lewis & Clark Law Review's "Law vs. Antisemitism" symposium, which grew out of the conference by the same name hosted at Lewis & Clark in the spring of 2023. In addition to overviewing the contributions to the symposium, the introduction provides some background on the relative paucity of legal scholarship that has addressed antisemitism, and the importance of including antisemitism in the otherwise robust legal academic conversation occurring around other forms of oppression and social discrimination.

Sanctuary Without Resistance, Ava Ayers

Lewis & Clark Law Review

Activist movements that embrace the idea of sanctuary for noncitizens are rich with narratives of resistance. These narratives vary; some sanctuary advocates pursue resistance only to specific federal immigration policies, while others offer more radical critiques that challenge the very legitimacy of U.S. immigration law. But when local and state governments adopt sanctuary policies, the idea of resistance is often altogether lost.

Local and state governments who adopt policies of noncooperation with federal immigration enforcement sometimes offer narratives in which the values that motivate sanctuary policies involve not resistance to injustice, but public safety, economic development, and other more traditional …

Knowledge Commons Past, Present, And Future, Michael J. Madison

Lewis & Clark Law Review

The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. …

Governor Kate Brown Of Oregon’S Historic Use Of Clemency: Using Clemency Exactly As It Was Intended, Mark Cebert, Aliza B. Kaplan

Lewis & Clark Law Review

In Oregon, executive clemency is among the most expansive, yet historically underused, power a governor possesses. Yet, across her two terms as Oregon’s 38th governor, Governor Kate Brown exercised her power of executive clemency a record 61,777 times, dwarfing the clemency use of her predecessors and her contemporaries in other states. Governor Brown’s proactive approach to clemency presents a model for executive involvement in criminal justice reform and aligns with her beliefs of a redemptive and rehabilitative criminal legal system.

In this Article, we examine Governor Brown’s use of clemency, analyzing what her stated and implied rationales reveal about her …

Family Structure, Family Transitions, And Child Overweight And Obesity: Comparing Australia, The United Kingdom, And The United States, Sadie A. Slighting, Kirsten Rasmussen, Mikaela J. Dufur, Jonathan A. Jarvis, Shana Pribesh, Alyssa J. Alexander, Carolina Otero

STEMPS Faculty Publications

Growing rates of childhood obesity globally create concern for individuals' health outcomes and demands on health systems. While many policy approaches focus on macro-level interventions, we examine how the type of stability of a family structure might provide opportunities for policy interventions at the micro level. We examine the association between family structure trajectories and childhood overweight and obesity across three Anglophone countries using an expanded set of eight family structure categories that capture biological relationships and instability, along with potential explanatory variables that might vary across family trajectories and provide opportunities for intervention, including access to resources, family stressors, …

A Systematic Qualitative Review: Improving Perinatal Health Outcomes In Communities Of Color, Amelia Abiem

Educational and Organizational Learning and Leadership Dissertations

This systematic qualitative review explored existing literature to understand the strategies community-based perinatal organizations employ to address perinatal morbidity and maternal mortality within communities of color and how cultural congruence healthcare workers may improve the perinatal health outcomes of these communities. This study explored 20 studies published within the United States between 2014 and 2024 focused on strategies employed by perinatal organizations serving marginalized communities and how leveraging cultural congruence may be instrumental in reducing perinatal healthcare inequalities within communities of color.

After a thorough review of these 20 studies, it was determined that key strategies exist for addressing perinatal …

Preserving Oral Health, Khrystyna Vyprynyuk, Renata Budny

Publications and Research

No abstract provided.

Cognitive Content Moderation: Freedom Of Thought And The First Amendment Right To Receive Subconscious Information, Mason Marks

Scholarly Publications

In the television series Severance, employees of Lumon Industries receive brain implants that divide their memories of work and home life. When employees arrive at work, implants block access to memories of the outside world and unlock memories formed on the job. By manipulating the flow of information in employees' brains, Lumon engages in what this Article calls cognitive content moderation. Though Severance is science fiction, emerging technologies, including drugs and electronic devices, promote cognitive content moderation by influencing thought, memory, and perception. Constitutional law is unprepared. To clarify freedom of thought and make it more useful, this Article presents …

Stress Biology: Complexity And Multifariousness In Health And Disease, Emily M. Sontag

Biological Sciences Faculty Research and Publications

Preserving and regulating cellular homeostasis in the light of changing environmental conditions or developmental processes is of pivotal importance for single cellular and multicellular organisms alike. To counteract an imbalance in cellular homeostasis transcriptional programs evolved, called the heat shock response, unfolded protein response, and integrated stress response, that act cell-autonomously in most cells but in multicellular organisms are subjected to cell-nonautonomous regulation. These transcriptional programs downregulate the expression of most genes but increase the expression of heat shock genes, including genes encoding molecular chaperones and proteases, proteins involved in the repair of stress-induced damage to macromolecules and cellular structures. …