Digital Commons Network^™

Statutory Interpretation In The 2020s: A View Of The Cathedral, Ethan J. Leib, Fordham University School Of Law

Faculty Scholarship

This Comment looks at eighty-seven statutory interpretation cases in the Supreme Court’s docket over the 2020–2022 Terms to evaluate trends in how the nation’s highest court reads statutes in the modern era. It concludes that the overarching story is neither a purely “textualist” one, nor one in which the liberal bloc is very often at odds with the conservative bloc. Instead, statutory interpretation is much more consensual than it is often credited to be—and contextual and purposive arguments continue to remain valid modalities of interpretation, even as standard textualist tools also remain relevant.

Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter

Faculty Scholarship

They say a picture is worth a thousand words—and charts, drawings, diagrams, computer animations, and even tangible items are utilized at trial in virtually every case tried in the federal and state court systems. Litigants have come to depend heavily upon such aids to engage visual learners in the jury box and to present a compelling narrative. And the creative use of trial aids has only increased with the rapid technological advancements of recent decades. The ubiquity of such aids notwithstanding, there is no written standard governing their use, no agreed-upon lexicon for describing them, and no set of uniform …

Regulating For Asymmetric Market Power : Beyond The Consumer Sovereignty Model, Olivier Sylvain

Faculty Scholarship

Recent policy developments suggest that consumer sovereignty models of regulation have substantial, if not fatal, limitations. Binding decisions by the European Data Protection Board in 2023, as well as other recent public law enactments in the EU and the US, overtly reject the assumption that individuals are best situated to manage how companies process or use their personal information. Prevalent online practices are too opaque. And the “ take it or leave it ” services that companies provide render individuals’ rights and commercial choices effectively meaningless. In short, the relative power of consumers as compared to the companies that collect, …

No Strings Attached: How Catholic Institutions Prospered At The Expense Of The Administrative State And Patient Autonomy, Lori Freedman, Kimani Paul-Emile

Faculty Scholarship

Catholic hospitals and health systems have proliferated and succeeded in American healthcare; they now operate four of the largest health systems and serve nearly one in six hospital patients. Like other religious entities that Wuest and Last write about in this issue, in their article Church Against State, they have benefited by and supported the long reach of conservative efforts to undermine the administrative state.

Demoralizing Elite Fraud, Zephyr Teachout

Faculty Scholarship

The Supreme Court keeps striking down wire fraud convictions. Why?

As I show in this piece, from the 1970s to this year, the Court has repeatedly attempted to shift the framework of fraud cases from moral language to morally neutral language. As a result, the Court ends up making a hash of statutory interpretation, because it then has to interpret statutes that it has effectively rewritten. For instance, much of the current fraud jurisprudence revolves around defining what property means. The Mail Fraud statute does not have the language of property in it, and the legislative history does not involve …

Public Confidence, Judges, And Politics On And Off The Bench, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

Public confidence in the judiciary is at a low point. There are multiple reasons for the public’s waning faith in judges, but the perception that they are merely politicians in robes plays a significant part. This article analyzes the politicization of the judiciary and argues that while ideology invariably affects judicial decisionmaking, the professional identity of judges limits its impact. A commitment to judicial norms and processes as well as a concern for professional reputation serve as a real break on partisan loyalty and affiliation. The task is to preserve and promote this professional identity and convey to the public …

Dataset For An Acute Bout Of Low- And Higher-Volume Circuit Training Improves Immediate And Short-Term Cognition In Young Adults, Ronald V. Croce, Michael Horvat

Data Catalog

The significance of exercise in promoting health and fitness cannot be overstated. In addition, various exercise modes can facilitate information processing and enhance cognition. The present study investigated the role of two volumes of circuit training using resistance exercise (Low Volume [LV-CTRE] of approximately 11 min and Higher Volume [HV-CTRE] of approximately 23 min) on the speed of information processing and executive function. Thirty adult male and female volunteers (18, male; 12, female) between the ages of 18-25 (mean [+ standard deviation]: 22.37 +2.06) were randomly recruited and assigned to either a non-exercise-control (CON), an LV-CTRE, or an HV-CTRE group. …

Cover And Content

Turkish Journal of Physics

No abstract provided.

The Crime Of Aggression: Its Nature, The Leadership Clause, And The Paradox Of Immunity, David Luban

Georgetown Law Faculty Publications and Other Works

The paper, written for a research handbook, critically surveys some fundamental philosophical, historical, and doctrinal issues in the crime of aggression. The two introductory sections set the theoretical issues in the context of Russia’s invasion of Ukraine, and explain the origins of criminalizing aggression under the heading of “crimes against peace.” Section 3 explores an ambiguity between aggression as first use of force and aggression as unprovoked use of force, while section 4 discusses the doctrinal distinction between acts of aggression and wars of aggression.

Sections 5 and 6 turn to the theory of aggression. Section 5 examines modern versus …

Feminist Use, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

In 2015, Judge Pierre Leval wrote that copyright isn’t about authors, it’s about the rest of us. “While authors are undoubtedly important intended beneficiaries of copyright,” he explained, “the primary intended beneficiary is the public.” He would know—his scholarship has been transformative for how every jurist from the Supreme Court down approaches key copyright questions. But copyright often falls short of this aspiration by benefiting only a sliver of the public.

Copyright law grants exclusive rights to authors of qualifying works, such as books, which protects those works from unauthorized copying. The first copyright legislation, the Statute of Anne of …

The Psychosocial Aspects Of Rest, Morgan Findley

Theses and Dissertations--Kinesiology and Health Promotion

Past research in sport sciences has focused primarily on “rest” from a physical perspective, while giving limited focus to the psychosocial perspective (Eccles & Riley, 2014; Eccles et al., 2022). One major development on psychosocial rest emerged with the pioneering model introduced by Eccles and Kazmier (2019); however, further research is needed to test this proposed model with other sport/performance populations. Therefore, this study aimed to assess the model's generalizability and investigate the perceived frequency of psychosocial rest by athletes throughout their season. To accomplish this, 67 female university athletes completed an online survey comprised of questions representative of the …

An Investigation Of Body Image And Eating Behaviors In Former Ncaa Heptathletes, Claire Bailey

Theses and Dissertations--Kinesiology and Health Promotion

Research consistently supports associations between body image dissatisfaction and disordered eating pathologies in collegiate athletes (e.g., Reel & Voelker, 2012; Sundgot-Borgen, 1994). More specifically, female NCAA athletes report feeling torn between peak performance body composition and body fat levels fitting ideal feminine standards (Beckner & Record, 2016; Carson et al., 2020). Examining track and field, most event groups hold a lean-promoting perspective. However, heptathletes warrant further investigation due to the multifaceted and contradictory nature of events. Specifically, heptathletes encounter complex pressures training for a wide range of physical demands, which can create confusion in expected body types (Heazlewood et al., …

Increasing Physical Activity: Parenting Style, Parental Perceptions, And Teacher Use And Self-Efficacy, Kendra Hansen

Theses and Dissertations--Kinesiology and Health Promotion

This dissertation consists of three papers aimed at varied ways to increase physical activity for youth. The first paper reviews research on hyper-parenting and its effects on physical activity. The systematic literature review revealed that little is known about hyper-parenting effects on physical activity, but limited evidence suggests a negative relationship between the two variables.

The second manuscript examines parents’ perceptions of physical activity and its effect on their children’s academics. Results showed some minor differences between ethnic groups and those whose children are more active. Although parents tended to agree that physical activity was important, most did not seem …

Physical Education Teachers' Perceptions Of Their Pre-Service Teacher Education, Gunay Sen

Theses and Dissertations--Kinesiology and Health Promotion

Physical education plays a crucial role in fostering lifelong physical activity and contributing to the overall education of children. Effective PE teaching requires well-planned teacher education programs that align with contemporary educational standards and practices (Morgan & Bourke, 2005; Lu & Lorusso, 2016). This study addresses the gap between theoretical training and real-world teaching demands, emphasizing the need for ongoing professional development and alignment with current educational standards (Tinning, 2002; Siedentop, 1994). This dissertation explores the perceptions of physical education (PE) teachers regarding their pre-service teacher education (PETE) across four countries: Australia, England, the USA, and Türkiye. The aim is …

Effect Of On-Duty Resistance Training On Neuromuscular Function In Structural Firefighters, Jamal L. Thruston

Theses and Dissertations--Kinesiology and Health Promotion

Participation in on-duty exercise is critical to enhance firefighter safety and readiness. However, these sessions are often interrupted with emergency responses and require firefighters to work in a fatigued state that may increase injury risk. Therefore, the purpose of this study was to assess the impact of on-duty resistance training on neuromuscular function. A sample of 18 firefighters (Age: 38.8±8.0yr; Body fat: 24.9±7.0%) completed 3 testing sessions, separated by at least 72 hr to compare the effects of circuit (CT) versus heavy resistance training (HRT) fatigue on neuromuscular function. During Session 1, anthropometrics and familiarization trials of balance and neuromuscular …

Understanding Intention And Behavior Of Practicing Yoga Through The Lens Of Theory Of Planned Behavior Specifically In Rural Communities; A Qualitative Study, Shelley Meyer

Theses and Dissertations--Kinesiology and Health Promotion

While there are known health benefits for participating in yoga, little has been studied on the intention and behavior for why individuals practice yoga especially through a theoretical lens and intense qualitative thematic analysis. Targeting the rural community considers other extenuating circumstances experienced by rural residents that can impact yoga participation in rural areas. Interviews were used to gain insight into a holistic viewpoint with the rich data bringing clarity to an individual’s thought process (of intention) to incorporate yoga (behavior) in their daily life. Utilizing the Theory of Planned Behavior as the theoretical framework for developing interview questions allowed …

Leveraging Information Forcing In Good Faith, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

Leveraging Information Forcing in Good Faith, a chapter in Research Handbook on Law and Time, argues that the information-forcing-substance theory has a significant role to play both in how courts decide duty of good faith and oversight matters and in how active and engaged directors can add value in the boardroom. As explored in the chapter, by deploying the theory in corporate-law matters, the courts can reveal the information gaps between officers and directors and create pressure for better processes and discourse within the corporation. In turn, this can impact both the way in which fiduciaries interact with …

Building Services Engineering January/February 2024

Building Services Engineering

No abstract provided.

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …

Purchase, People, And Places: Murder And A Man Of The Cloth

Jackson Purchase Historical Society Journal Archive

Purchase, People, and Places: Murder and a Man of the Cloth

Bobbie Smith Bryant

Grant, Kaskel, And The Infamous General Order Number 11

Jackson Purchase Historical Society Journal Archive

Grant, Kaskel, and the Infamous General Order Number 11

Roy Hensel

Feasibility And Safety Of Early Post-Covid-19 High-Intensity Gait Training: A Pilot Study, Joakim Halvorsen, Christopher Henderson, Wendy Romney, Magnus Hågå, Tonje Barkenæs Eggen, Jan Egil Nordvik, Ingvild Rosseland, Jennifer Moore

Physical Therapy Faculty Publications

Background: The feasibility and safety of rehabilitation interventions for individuals recovering from COVID-19 after the acute stage is not well understood. This pilot study aims to provide a preliminary investigation of the feasibility and safety of providing high-intensity gait training (HIT) with a targeted cardiovascular intensity of 70–85% of the age-predicted maximum heart rate (HRmax) for individuals undergoing rehabilitation post-COVID-19. Methods: Consecutive patients who were medically cleared for HIT were invited to participate in the study. Participants practiced walking in varied contexts (treadmill, overground, and stairs), aiming to spend as much time as possible within their target cardiovascular intensity zone …

Knowledge Translation Task Force For Core Measures Clinical Practice Guideline: A Short Report On The Process And Utilization, Marghuretta D. Bland, Jennifer Moore, Elizabeth Anderl, Megan Eikenberry, Arlene Mccarthy, Geneviève N. Olivier, Tracy Rice, Amelia Siles, Hallie Zeleznik, Wendy Romney

Physical Therapy Faculty Publications

Background

As part of the 2018 Clinical Practice Guideline (CPG): A Core Set of Outcome Measures for Adults with Neurologic Conditions Undergoing Rehabilitation, a Knowledge Translation (KT) Task Force was convened. The purpose of this short report was to (1) demonstrate the potential impact of a CPG KT Task Force through a practical example of efforts to implement a CPG into neurologic physical therapy practice and (2) describe the process to convene a KT Task Force and develop products (KT Toolkit) to facilitate implementation of the CPG.

Methods

To describe the process used by the KT Task Force to develop …

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Clinical Research Coordinator Orientation Manual With Accompanying New Employee Checklist For Managers, Kaitlin Moore, Jean Flanagan, Tarisa Mantia, Kristin Geile, Kelly Koogler, Sarah Fowler-Dixon

HRPO Publications

No abstract provided.

Serum Interleukin-22 In Non-Segmental Vitiligo, Fatma Faisal El Dakrory, Maha Elsayed Mahmoud Elsayed, Yousra Ibrahim El-Tantawy Sadeq, Shereen Ezzalregal Alashry

Mansoura Medical Journal

Background: A depigmenting skin condition called vitiligo affects 0.5–2 percent of people globally. It seems to be caused by an interaction between neurological, immunological, and genetic factors. Vitiligo is mediated by cell-mediated reactions, as Th1/Th17 and Tc1 cells. It is thought that the Th17 cell's most specialized cytokine isIL-22. Aim: To explore the blood levels of IL-22 in non-segmental vitiligo and to investigate whether it can be a biomarker in monitoring disease activity and it’s correlation with disease severity. Patient and methods: This study included thirty healthy individuals and sixty non-segmental vitiligo cases (30 with stable vitiligo and 30 with …

Coload Effect On Cardiac Output Measurement Using Transthoracic Echocardiography In Preeclamptic Patients Undergoing Cesarean Delivery, Sherine Ali Elsayed Bakrey, Aya Hasan Masoud Abdelhady, Alaa El-Din Mazy Abdou Mazy, Maha Ahmed Abo-Zeid Salim

Mansoura Medical Journal

Background: During cesarean delivery (CD) for preeclamptic patients under spinal anaesthesia (SA), much intravenous fluids are avoided. Through transthoracic echocardiography, study conducted to assess the hypothesis that colloid plus crystalloid coload will maintain the cardiac output (CO) than crystalloid fluid alone. Methods: Thirty-four preeclamptic patients, scheduled for elective CD, under SA, were allocated according to the fluid coloading into two groups; Crystalloid group (group I); in which the patients received Ringer’s acetate or Crystalloid-colloid group (group II); in which the patients received 6% Hydroxyethyl starch and Ringer’s acetate. The primary outcome was CO while, left ventricular end diastolic diameter (LVEDD), …

Audit Of Management Of Diabetic Ketoacidosis In Mansoura Specialized Medical Hospital, Walaa M Abd-El-Fatah, Omnia I State, Basma Z Elmorsy

Mansoura Medical Journal

Background: Egypt is listed among the world's top ten countries regarding the highest number of people with diabetes mellitus (DM). Diabetic ketoacidosis (DKA) is a medical emergency which is associated with significant mortality and morbidity in diabetic patients. It is also a common reason for hospitalization and thus is associated with significantly high costs. However, DKA is a potentially reversible condition provided that an emergency and immediate medical attention, appropriate diagnosis and therapy were provided.

Aim: auditing the adherence to protocol for the management of DKA in our Mansoura University Hospital (Specialized Medical Hospital) in Egypt from May 2021 to …

Pathogenic Role Of Angiopoietin-1 And -2 In Community-Acquired Pneumonia Among A Cohort Of Egyptian Children From Rural Areas Of Delta Region, Magdy Mohamed Ebrahim Zedan, Nashwa Khairat Abousamra, Engy Osman Ahmed, Asmaa Salah Ali Gebril

Mansoura Medical Journal

Background: Both an uncontrolled host response and the direct actions of pathogenic agents can be responsible for pneumonia-induced pulmonary hyperpermeability. Two well-known factors that contribute to angiogenesis and regulate inflammation and vascular leakage are angiopoietin-1 (Ang 1) and angiopoietin-2 (Ang 2). Aim: Assessment of Ang 1 and Ang 2 serum levels as indicators of the severity and phenotypes of community-acquired pneumonia (CAP). Subjects and methods: From September 2023 to February 2024, a case-control study was carried out at Mansoura University Children Hospital (MUCH) to assess the serum levels of Ang-1 and Ang-2 as indicators of the severity and phenotypes of …

Exploring Large Language Models For Ontology Learning, Olga Perera, Jun Liu

Research & Publications

Ontology Learning aims to facilitate automatic or semi-automatic ontology development based on machine learning techniques in context of big data. Recent evolution of technology has introduced Generative Artificial Intelligence (AI) capable of creating new data, extracting insights from the existing data, and generating coherent texts from various inputs. This ability supports analysis of text data, providing insights and annotations that reduce human effort. This study explores the emerging field of Generative AI, specifically, Large Language Models for ontology learning. We conducted a survey of the current state of Generative AI research with focus on applicability and efficacy for ontology development …