Digital Commons Network^™

The Joy Of The Fight: What Litigators Can Learn From The Martial Arts, Len Niehoff, Tim Lynch

Articles

You walk into a martial arts training studio (in Japanese styles, a dojo) and you scan the room. Everything going on here looks, well, unpleasant. In one corner, you observe a group of students performing kata, choreographed sequences of kicks, punches, and blocks that simulate the experience of fighting multiple opponents. Sweat pours off them. In another corner, you see two students engaged in sparring exercises, or kumite. The sharp, smacking noise of one student striking the protective pads worn by another carries across the room. In a third corner, you notice students doing push-ups, working their muscles until their …

Building The Gateway: Why The Two Pillars Need Each Other., Reuven S. Avi-Yonah, Ajitesh Kir

Articles

There is a reason the OECD proposed two pillars for its gateway to a better tax future. A gateway requires both pillars, and neither can stand without the other. Pillar 2 is a fait accompli, but it needs countries to implement Pillar 1 as well because in the absence of a clear sourcing rule there is no limit to countries implementing the Qualified Domestic Minimum Top-Up Tax (QDMTT), which would turn off the other parts of Pillar 2 and potentially result in double taxation. Pillar 1 is not going forward in the absence of a Multilateral Tax Convention (MLC), but …

Meme Corporate Governance, Dhruv Aggarwal, Albert H. Choi, Yoon-Ho Alex Lee

Articles

Can retail investors revolutionize corporate governance and make public companies more responsive to social concerns? Beginning in 2021, there was a dramatic influx of retail investors into the shareholder base of “meme” stock companies such as GameStop, AMC, and Bed Bath & Beyond. Observing the unprecedented, coordinated trading among retail investors, scholars and practitioners predicted that the influx of retail investors would reduce the power of large institutional investors and democratize corporate governance. These predictions were driven by three factors: generational, with assumptions that millennial and Gen Z investors would challenge corporate management; societal, reflecting growing discontent with slow progress …

Congress And Shifting Sands In Administrative Law., Christopher J. Walker

Articles

In recent years, we have seen an anti-administrativist turn in the federal judiciary, with the Supreme Court limiting agency power in important respects. These shifting sands in administrative law seem to be motivated, at least in part, by the Court’s perception of the rise of presidential administration and decline in legislative activity. As part of the Widener Commonwealth Law Review Judging in Administrative Law Symposium, this Essay assesses how the Court has responded to concerns about over-presidentialism and then sketches out several ways Congress can respond to reassert itself in federal lawmaking.

21st-Century Environmental Challenges And Revitalizing Epa Enforcement, David Uhlmann

Articles

This is a profound moment for environmental protection efforts in our country. Over the past half-century, under presidents of both parties, we have made great progress addressing the challenges that led to the enactment of our environmental laws during the 1970s. Our air is cleaner, our rivers and streams are healthier, and we have far fewer hazardous waste sites. We have achieved those successes because of conscientious companies across America who meet their environmental obligations and the vigilance of the U.S. Environmental Protection Agency (EPA) and the Justice Department when companies break the law and put their profits before the …

Taxation And Corporate Governance, Reuven S. Avi-Yonah, Ariel Siman

Articles

Legal and economic scholars have examined the intersection between corporate governance and taxation; however, recent legal scholarship has generally focused on the interplay between director compensation, management measures in the face of the market for corporate control, and the double taxation of inter-corporate dividends. Other aspects of the relationship between corporate governance and taxation have received limited attention. This article aims to fill this gap in the literature. First, this paper discusses the corporate agency problem and the existing justifications for the corporate tax. Second, this paper argues that the corporate tax can be justified on the ground that it …

Applying Strict Scrutiny In Termination Of Parental Rights Proceedings: Why Alabama’S Jurisprudence Should Reshape Child Protection Practice, Christopher Church, Vivek Sankaran

Articles

“Our decision in [Pierce] holds that parents have a fundamental constitutional right to rear their children . . . . I would apply strict scrutiny to infringements of fundamental rights.” “[S]trict scrutiny leaves few survivors.” Termination of parental rights (TPR) stands as “a unique kind of deprivation” that results in the state irrevocably severing a parent’s fundamental right to care for their child. In The Ties that Bind Us, we scrutinized the child protection system’s overuse of TPR, employing clinical, empirical, and constitutional perspectives. This Article advocates for a constitutionally anchored framework aimed at enforcing strict scrutiny when considering TPR …

Feedback Loops: Fortifying Feedback, Patrick Barry

Articles

Feedback has an Important role to play in the fight against impostor syndrome and its many toxic by-products, including isolation, dread, depression, drops in motivation, and negative self-talk. In 2013, for example, one of the American Psychological Association’s oicial publications, gradPSYCH magazine, ran a cover story called “Feel like a Fraud?” that highlighted the stabilizing power that the right kind of feedback can provide. “he thing that made so much diference was supportive, encouraging supervision,” explained a graduate student interviewed for the story.

Bank Runs During Crypto Winter, Gary B. Gorton, Jeffery Yufeng Zhang

Articles

“Crypto Winter” refers to a systemic event that occurred in the cryptocurrency ecosystem—what we call “crypto space”—in 2022. Crypto space was wracked by plummeting crypto prices, the troubles of a large crypto hedge fund, and runs on many crypto lending platforms. Several large crypto firms went bankrupt. Collectively, everyday people lost billions of dollars. And crypto investors are still feeling the aftershocks.

We begin with two observations: First, despite mass marketing campaigns to the contrary, crypto lending platforms recreated and replicated traditional banking. They were vulnerable to runs because, like all banks, they borrowed short and lent long. This is …

Cognitive Dissonance In The Antebellum South About The Lawfulness Of Slavery, Peter K. Westen

Articles

The institution of slavery, by its nature, was necessarily grounded in law. For whenever a society adjudges one class of persons as free and another as enslaved, law-like norms must exist to identify and distinguish the free from the enslaved. And whenever a society institutionalizes slavery, law-like norms must exist to establish the privileges and disabilities possessed by masters, by the enslaved, and by third persons in relation to masters and slaves. Such master-slave norms may not always be enforced. But, until societies disavow or disremember them, they constitute standards of right and wrong that master-slave societies profess to embrace. …

Channeling A Federal Right To Education Through State Constitutions And Courts, Nicole Sunderlin, Evan Caminker

Articles

Professor Black attributes the ubiquitous adoption of education clauses in state constitutions in the immediate pre- and especially post-Reconstruction era to a “constitutional compromise” struck by Congress and the states. The State Citizenship commitment was designed to enhance the republican nature of both levels of governance by ensuring broader access to political participation through voting and broader access to public education to inform and support democratic deliberation. The education component of this commitment was uniquely secured, argues Black, through a state-federal compromise using two complementary mechanisms: first, by mandating states to embrace a state constitutional obligation to provide basic educational …

Relationship-Centered Communication In Breast Cancer Screening: An Interdisciplinary Training Model, Patricia Aideen Ducharme

Yale School of Nursing Digital Theses

Breast cancer screening is essential for early detection and reducing disease progression. However, its underuse contributes to late-stage diagnoses, adverse health consequences, and reduced survival rates. Research has shown that high-quality communication significantly influences women's adherence to breast cancer screening, leading to earlier detection and better health outcomes. However, many healthcare providers receive no formal communication skills training. Healthcare providers who undergo relationship-centered communication (RCC) training demonstrate stronger interpersonal relationships, which result in increased provider-patient satisfaction, more efficient healthcare teams, and improved quality of patient care. To date, most RCC studies have focused predominantly on the physician-patient relationship rather than …

Improving Outpatient Medication Reconciliation And Reducing Adverse Drug Events: Development Of A New Process, Marisa Kristine Blake-Raut

Yale School of Nursing Digital Theses

AbstractImportance: Prescribed medications can pose risks to patient safety. In the United States, persons aged over 65 account for nearly 450,000 annual emergency department (ED) visits, and they are seven times more likely to require hospital admission than younger persons (Centers for Disease Control and Prevention, 2022). Medication reconciliation (MR) errors are more likely to affect those older than 65, but can be prevented by using standardized MR criteria that identify medications with higher risks for adverse drug events (ADEs) (O’Mahoney, 2020). Objective: The DNP project goal was to create and implement a risk stratified medication reconciliation (RSMR) intervention process …

Virtual Care Navigation To Reduce Disparities And Improve Quality: A Pilot Program For Colorectal Cancer Screening, Robert Freeman

Yale School of Nursing Digital Theses

Purpose: This DNP project piloted a virtual care navigation program for primary care patients inan urban population, aimed at improving compliance with colorectal screening and reducing disparities in access to care. Background: Despite the high prevalence and mortality, colorectal cancer screening remains low in the United States. This is especially true for patients who are uninsured, who are younger and for racial minorities. Colorectal Cancer can be largely prevented when appropriate screening is done. Digital navigation tools have demonstrated effectiveness in helping patients complete preventative health measures like cancer screening. Methods: This quality improvement project implemented a virtual navigation program …

Implementation And Evaluation Of Perinatal Educational Video Series – Postpartum Hemorrhage, Daileann Lamara Hemmings

Yale School of Nursing Digital Theses

Abstract

Implementation and Evaluation of Perinatal Educational Video Series –Postpartum Hemorrhage Per the Centers for Disease Control and Prevention (2021), 700 women die each year due to pregnancy related complications in the United States. Black women (Erickson, 2020) have a 26.6% higher risk for morbidity resulting from postpartum hemorrhage (PPH) and a five times higher risk of mortality. Education can serve as a tool to increase knowledge, promote a mother’s ability to identify the onset of a risk and report signs and symptoms of PPH that could otherwise lead to complications or death. ​ This DNP pilot project developed and …

The California Bridge Model For Emergency Department-Initiated Medication-Assisted Treatment For Opioid Use Disorder: Adaptations For Perinatal Hospital Services, Devin C. Thomas

Yale School of Nursing Digital Theses

Background: Poor access to gender-specific, pregnancy-focused medication-assisted treatment for perinatal opioid use disorder greatly contributes to adverse outcomes for pregnant patients, infants, and society, at large. It is well established that Emergency Department-initiated pharmacotherapy for opioid use disorder is safe, effective, and can be rapidly adopted by hospital systems to improve access to care for people who misuse opioids. Like the Emergency Department, perinatal hospital services are well positioned to serve as critical access points in the treatment of perinatal opioid use disorder. However, concerns such as lack of training, workflow inefficiencies, and bias act as barriers to co-located, integrated …

Implementation Of A Transition Shock Prevention Workshop To Promote Satisfaction And Confidence Among New To Practice Nurse Practitioners, Denis L. Hawkins

Yale School of Nursing Digital Theses

For decades nurse researchers such as Patricia Benner and Margaret Flinter have focused on the challenges of role transition in nursing (Benner, 2004; Flinter, 2010). Role transition from RN to NP can be a daunting experience. Many new-to-practice nurse practitioners experience a phenomenon known as Transition Shock which is described as disproportionate feelings of anxiety and doubt that can consume personal energy during the initial period of role adjustment (Duchscher, 2009). Literature demonstrates that feelings of transition shock can be influenced by factors such as readiness for learning, unwelcoming environments, and the learning curriculum (Barnes, 2015; Duchscher, 2008; MacClellan, et. …

Copd C.A.R.E. Connect: A Systems Trajectory To Reducing Copd Readmissions In A Large National Healthcare Institution, Jennifer Mariano

Yale School of Nursing Digital Theses

COPD is the third principal diagnosis accounting for 30-day all-cause readmission,14.4% of rehospitalization are due to acute exacerbation and occur within 3 days after discharge. Readmission exposes the patient to risks of medical errors and hospital-acquired infection. An interprofessional care program for COPD patients called “COPD C.A.R.E. (Control Avoidable REadmissions) Connect” was established within the medical surgical unit at this large national healthcare institution. The program utilized frontline expert collaboration to provide inpatient COPD-specific healthcare teachings, promote self-care, and ensure the timeliness of post-discharge care. The project aimed to adapt an interprofessional care service for hospitalized COPD inpatients to reduce …

A Simple Proof That Ricochet Robots Is Pspace-Complete, Jose Balanza-Martinez, Angel A. Cantu, Robert Schweller, Tim Wylie

Computer Science Faculty Publications

In this paper, we seek to provide a simpler proof that the relocation problem in Ricochet Robots (Lunar Lockout with fixed geometry) is PSPACE-complete via a reduction from Finite Function Generation (FFG). Although this result was originally proven in 2003, we give a simpler reduction by utilizing the FFG problem, and put the result in context with recent publications showing that relocation is also PSPACE-complete in related models.

Efficient High-Resolution Time Series Classification Via Attention Kronecker Decomposition, Aosong Feng, Jialin Chen, Juan Garza, Brooklyn Berry, Francisco Salazar, Yifeng Gao, Rex Ying, Leandros Tassiulas

Computer Science Faculty Publications

The high-resolution time series classification problem is essential due to the increasing availability of detailed temporal data in various domains. To tackle this challenge effectively, it is imperative that the state-of-theart attention model is scalable to accommodate the growing sequence lengths typically encountered in highresolution time series data, while also demonstrating robustness in handling the inherent noise prevalent in such datasets. To address this, we propose to hierarchically encode the long time series into multiple levels based on the interaction ranges. By capturing relationships at different levels, we can build more robust, expressive, and efficient models that are capable of …

Three Essays On Risks In The Option And Cds Markets, Seyed-Erfan Sadeghi

Theses and Dissertations (Comprehensive)

This dissertation comprises three essays investigating topics in insurance on debt and equity. The first essay utilizes patent groups as an indicator of technological proximity and demonstrates that climate risk associated with technology-related firms can predict the next quarter’s Credit Default Swap (CDS) for the focal firm. The findings indicate that a 24 basis point (bps) change in the next quarter’s CDS can be attributed to the spillover effect from technology-related companies. Sentiment analysis reveals that this outcome is primarily driven by concerns related to regulatory factors. Importantly, these results remain robust even after accounting for firm-specific characteristics and industry-fixed …

Understanding The Dynamics Of Food And Economic Development In The Community Of Kakisa, Northwest Territories, Canada, Laura Rodriguez Reyes

Theses and Dissertations (Comprehensive)

For Indigenous Peoples, the land embodies a source of cultural and spiritual well-being that is linked to their way of life and identities through divine and traditional connections. Unfortunately, colonial powers, the global food system, socioeconomic inequalities and environmental degradation are impacting northern Indigenous lands and food systems, leading to food insecurity. Nevertheless, communities are still thriving in the face of adversity. In the Northwest Territories, on the lands of Ka’a’gee Tu First Nations (KTFN) in the community settlement of Kakisa, people are growing food through vegetable gardens and greenhouses to support their vision of a resilient food system.

Through …

Investigating The Use Of Voluntary Furloughs To Reduce Labour Costs: The Effect On Employee Effort, Kelsey Matthews

Theses and Dissertations (Comprehensive)

To quickly reduce costs in response to external shocks, firms often implement voluntary furloughs. In a voluntary furlough, employees decide whether to accept a reduction in their pay with a corresponding reduction in work hours. Despite the prevalence of voluntary furloughs in practice, it remains an empirical question how employees will respond to this cost reduction practice. The purpose of my dissertation is to investigate how the implementation of a voluntary furlough affects the subsequent effort of employees who volunteer and those who do not volunteer for a furlough.

I address my research question using two experiments where I manipulate …

Three Essays On Corporate Debt Contracting And Innovation, Olaleye Morohunfolu

Theses and Dissertations (Comprehensive)

This dissertation comprises three essays investigating topics in Corporate Debt Contracting and Innovation. The first essay examines the relation between Passive Institutional Ownership (IO) and debt covenants. Using Russell 1000/2000 annual index reconstitution as a source of exogenous variation in passive IO, I find that passive IO leads to reduced covenants in the bond market. Specifically, I find that passive IO leads to reduced (a) Investment, (b) Dividend restriction, and (c) Subsequent financing restriction. However, I observe weaker results for loan covenants, implying that loans, usually collateralized, are less sensitive to changes in passive ownership. The overall effect of passive …

Overcoming The Unseen: Understanding Diverse Canadian Workers’ Well-Being During The Beginning Of The Coronavirus Pandemic, Tyler M. Pacheco

Theses and Dissertations (Comprehensive)

Canadian workers were severely affected by the onset of the coronavirus (COVID-19) pandemic. The rapid spread of the pathogen across Canada resulted in several work-related consequences (e.g., temporary/indefinite layoffs and business closures, mandatory working-from-home) that could have impacted workers’ well-being during this turbulent period. Research available at the start of this dissertation process, and even more recently published studies, primarily explored general trends in workers’ negative well-being during COVID-19, not examining the distinct realities that diverse workers, including more marginalized ones, may have experienced. Across three manuscripts, several theories from diverse disciplines (positive, developmental, community, and industrial-organizational psychology, public health) …

Rates And Patterns Of Permafrost Thaw Induced Landcover Change At Scotty Creek, Canada, Mason Dominico

Theses and Dissertations (Comprehensive)

In the peatland-dominated regions of discontinuous permafrost in northwestern Canada, permafrost thaw is altering landscapes at rates without precedent in the historical record. The present study uses a combination of remote sensing and ground based methods to examine the rates and patterns of permafrost thaw and how such thaw is changing the form and function of the landscape. The area within a 4 km2 area of interest underlain by permafrost decreased from 51% in 1977 to 43% in 2010, and to 40% in 2018, indicating an increase in the permafrost thaw rate from 0.24% yr-1 between 1977 and 2010, and …

Fishes In Murky Waters: Effects Of Total Suspended Solids On Fish Gills And Performance, Xena Montoya

Theses and Dissertations (Comprehensive)

Total suspended solids (TSS) naturally occur in aquatic habitats, but climate change and other anthropogenic disturbances can lead to increased levels. Exposure to high levels of TSS has the potential to damage fish gills through abrasion, leading to impairment of gill function and fish physiology. However, little work has been done exploring the linkages between TSS-induced gill damage and animal performance. Therefore, we tested the hypothesis that TSS damages gill structure, causing gill dysfunction and reducing swimming performance. We exposed salmonids (rainbow trout, brook trout and cutthroat trout) and non-salmonids (fathead minnow and longnose dace) to different TSS concentrations (0-1000 …

Making The Pluriverse Visible: World-Making On The Saugeen (Bruce) Peninsula, Lauren Judge

Theses and Dissertations (Comprehensive)

This dissertation argues that visual artists who live and work on the Saugeen (Bruce) Peninsula, in Ontario, Canada, are co-creating artworks with non-humans, which is evidence of more-than-human world-making. Such co-creative experiences are the result of, and catalysts for the kinds of enchantment our human worlds need to form meaningful and holistic connections with non-humans, effectively creating a more inclusive pluriverse. After reviewing interdisciplinary literature in posthuman studies, creative geography, arts-based practices, environmental humanities, Indigenous knowledges, and political ontology, I designed my research to include a combination of qualitative methodologies and methods, including autoethnography and research-creation, to investigate fourteen visual …

From The Invisible Man To Cozy Closets: Gender Diverse Student Narratives In Ontario Catholic Schools, Yvonne Runstedler

Theses and Dissertations (Comprehensive)

In the province of Ontario, Catholic schools have public funding from the Ministry of Education and ecclesial oversight from the local Catholic diocese. Transgender students who attend these schools experience both governmental spaces and religious ones. The inherent secular and theological tensions responsive to Two-Spirit, Lesbian, Gay, Bisexual Transgender, intersex, Asexual, and other queer-identities [2SLGBTQIA+] students are the overarching contexts of this study. While many Catholic school boards have completed publicly-facing acts of inclusion for 2SLGBTQIA+ students, such as raising the Pride Flag in June in recent years, there is a scarcity of literature responsive to how transgender students make …

Advancing Machine Learning Interpretability: Lime Applications To Temporal Data And A Novel Method Of Counterfactual Generation, Shou Nakano, Yang Liu

Theses and Dissertations (Comprehensive)

As machine learning has advanced significantly over the past decade, predictive models have achieved substantial success across various domains. However, they often lack transparency in their decision-making processes. This opacity presents risks, particularly in sectors like healthcare and finance, where transparency is crucial. To address these challenges, explainable artificial intelligence (XAI) has risen in importance. Techniques such as LIME (Local Interpretable Model-agnostic Explanations) have been developed, utilizing simpler alternative models like linear regression or tree-based models to explain decisions for specific instances.

This thesis initially concentrates on the application of LIME to three global annual datasets, specifically within the relatively …