Digital Commons Network^™

Towards The Abolition Of The Immigration Detention Of Children In The United States, Lauren E. Bartlett

All Faculty Scholarship

For over a decade, international human rights mechanisms have been calling for the prohibition of the detention of children based solely on immigration status. Human rights experts agree that the detention of children for immigration purposes is never in the best interests of the child, it leads to long-term harm, and it is a clear human rights violation. Until recently, the United States has detained hundreds of thousands of migrant children in cages each year and we have still not outlawed the inhumane practice. This article argues that engaging with international human rights mechanisms on this topic, including during the …

The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff

All Faculty Scholarship

This essay discusses justice issues surrounding occupational safety and health and assesses the ethical legitimacy—the justice—of regulatory cost benefit analysis when the costs in question involve the risks and realization of workplace injury and fatalities. The current “value of a statistical life” for legal-regulatory purposes is 13.1 million dollars. While economists are careful to say that this figure does not “really” represent an attempt to value any particular life, the purpose of even calculating the number is to provide an “aggregated” statistical justification for saying “no” to rules requiring safer work. This seems acceptable until you, or someone you love, …

Pharmaceutical-Telehealth Confederacies, Michael S. Sinha

All Faculty Scholarship

Access to prescription pharmaceuticals has historically been controlled by a physician’s pen. As a result, pharmaceutical companies spend billions of dollars on advertising and promotion to mitigate this barrier: first and primarily, to physicians and other prescribers, and more recently, to the general public through direct-to-consumer advertising. The success of these promotional efforts can be seen in greater prescribing of costly brand-name medicines, even in settings where lower-priced generic alternatives exist. Brand-name prescriptions now make up only 10% of all prescriptions written yet account for 87% of drug spending. Despite these substantial returns on investment, companies continue to seek opportunities …

An Indecent Exposure Of The Rules Of Legal Ethics, Lauren E. Bartlett

All Faculty Scholarship

Thousands of attorneys experience rape and sexual assault by clients, as well as indecent exposure, public masturbation, unwanted touching, verbal threats, and stalking. These incidents are not often publicly reported, but client sexual violence against attorneys is not uncommon. The ethical rules currently fail to account for an attorney who has experienced client sexual violence, whether to allow for termination of representation or to mitigate future harm to other lawyers. While the ethical rules are usually thought of as neutral, this Article critically examines the gender stereotypes and structures of oppression corseting the rules. Relying on a fifty-state survey of …

Text, Fairness, And Efficiency: The Case Against The Plausibility Standard For Affirmative Defenses, Jessica Marks, Marcus A. Gadson

Faculty Publications

Lower federal courts have struggled to answer the following question without any guidance from the U.S. Supreme Court: Does the Iqbal and Twombly plausibility standard apply to affirmative defenses? In this essay, we explain why the answer is no. We aim to provide practical guidance to the countless judges deciding whether to strike an affirmative defense. First, we argue that Rule 8’s text makes using the plausibility standard to evaluate affirmative defenses improper. Judges should pay especially careful attention to our textual analysis because the Supreme Court has placed great weight on the text’s plain meaning in recent civil procedure …

Certificate Of Need Laws' Effect On Provisions Of Uncompensated Care, Connor Anthony Mostek

Graduate Student Theses, Dissertations, & Professional Papers

Certificate of need (CON) laws are regulations that require healthcare facilities to seek permission from a state government board to enter a market or expand/modify their established business. Proponents of CON laws claim that, among other things, CON laws protect hospitals and other healthcare providers from competition, allowing them to charge private or fully insured patients more in order to use the profits to “cross-subsidize” free care for low-income and uninsured patients. By employing an unbalanced panel dataset on hospital cost reports for the years 2012, 2014, 2016, and 2019, this study finds that there is no strong evidence that …

The Relationship Between Principals’ Transformational Leadership And Teachers’ Organizational Citizenship Behavior Within Public Primary And Middle Schools In Baotou, Inner Mongolia, China, Chuxuan Yin

Graduate Student Theses, Dissertations, & Professional Papers

This non-experimental causal-comparative study was designed to explore the relationship between principals’ transformational leadership and teachers’ organizational citizenship behavior within public primary and middle schools in Baotou, Inner Mongolia, China, as well as the differences in principals’ transformational leadership and teachers’ organizational citizenship behavior based on demographic characteristics. A sample of 142 principals and 675 teachers was recruited. Data collection utilized two validated instruments: the Transformational Leadership Questionnaire for evaluating principals’ transformational leadership level, and the Organizational Citizenship Behavior Scale for Primary and Middle School Teachers for measuring teachers’ organizational citizenship behavior level. Both descriptive statistics (frequency distribution, mean, standard …

Examining Rural Second-Graders' Literate Identities In Relationship To Reading Proficiency: A Mixed Methods Case Study, Ashley R. S. Olsen

Graduate Student Theses, Dissertations, & Professional Papers

Although the act of reading is inherently multi-faceted, encompassing an array of interrelated cognitive, social, and cultural processes, the bodies of reading research typically align to either qualitative or quantitative methodologies. This routinely bifurcated approach to reading research reflects the ongoing disagreement surrounding best practices for literacy instruction. Numerous quantitative findings have supported the use of systematic and explicit foundational skill instruction to improve students’ reading proficiency. On the other hand, previous qualitative studies have emphasized the existing identities that children bring to any learning community and the benefit of nurturing literate identity formation in the classroom. Intersecting a modified …

Positive Allosteric Modulation Of Glun1/Glun3 Nmda Receptors, Mia Ruth Johns

Graduate Student Theses, Dissertations, & Professional Papers

N-methyl-D-aspartate (NMDA) receptors are ionotropic glutamate receptors that mediate excitatory neurotransmission in the central nervous system (CNS) where they play critical roles in normal and pathological brain functions and neurodevelopment. While the glutamate/glycineactivated GluN2-containing NMDA receptors (GluN1/GluN2) have been extensively studied, the physiological roles and pharmacology of glycine-activated GluN3-containing receptors (GluN1/GluN3) remain less understood. Although GluN1/GluN3 receptors exhibit unique functional properties and play distinct roles in neuronal development and synapse maturation, studies of their precise roles in neurophysiology and circuit function are impeded by limited availability of GluN3-selective pharmacological tools. This study describes UCM-A86, a novel GluN3-selective positive allosteric …

Theory Of Planned Behavior And Suicide Screening In Family Medicine, Jennifer Villa

Graduate Student Theses, Dissertations, & Professional Papers

General medical healthcare settings, particularly primary care and family medicine practices, serve as critical access points for addressing mental health concerns. This is especially true in rural communities, where specialized behavioral health services are often limited or unavailable. Given the elevated suicide risk in these settings and the shortage of mental health professionals, primary care providers are well-positioned to identify patients at risk through suicide screening. However, research shows that many established providers do not routinely screen for suicide, representing a missed opportunity for prevention, and little is known about resident attitudes towards suicide screening and prevention. Guided by the …

Hormonal Decay After Death: Evaluating Dhea-S As A Potential Molecular Marker For Postmortem Estimation, Marisa Lydia Novak

Graduate Student Theses, Dissertations, & Professional Papers

Post-mortem interval (PMI) estimation is a central component of forensic anthropological investigation, but traditional methods for estimating time since death lose accuracy after ~72 hours. Recent research indicates that some steroid hormones may undergo predictable degradation patterns after death, offering potential use as biochemical clocks for PMI estimation beyond this threshold. Dehydroepiandrosterone (DHEA), and its sulfate form (DHEA-S) are of particular interest due to their metabolic stability, systemic influence, and association with trauma. This study investigates whether DHEA-S hormonal degradation patterns correlate with time elapsed since death and body temperature, evaluating their potential as biochemical PMI markers. 160 mL of …

From Plumes To People: Constraining The Emissions, Chemistry, And Health Impacts Of Western U.S. Smoke, Lixu Jin

Graduate Student Theses, Dissertations, & Professional Papers

Wildfires are a significant source of volatile organic compounds (VOCs) in the western U.S., emitting hundreds to thousands of species that play key roles in tropospheric oxidation, ozone production, and secondary organic aerosol formation. Many VOCs have only recently been identified and quantified in laboratory burning experiments, leaving uncertainties about their emission estimates from wildfires, their roles in plume OH oxidation chemistry, and their evolution during smoke aging. This dissertation aims to improve our understanding of the emissions, chemistry, and health impacts of VOCs in wildfire smoke using detailed in-situ measurements made during the summer 2018 Western Wildfire Experiment for …

Sports Facilities, Trails, And Travel Cost: A Non-Market Valuation Case Study Of Parks In Montana, Clemens Walter Wilson

Graduate Student Theses, Dissertations, & Professional Papers

This study applies the travel cost valuation method to urban parks in the State of Montana in an effort to determine whether parks with attributes related to exercise have greater value for recreationalists. By observing real recreation behaviour of urban park visitors through the use of cellphone mobility data, recreational demand for varying parks can be ascertained. To model recreational demand, the random utility model (RUM) and multinomial logit model (MNL) are leveraged to understand choice probabilities of parks, based on the attributes of parks, including sports facilities and trails. This study finds that there are positive and significant relationships …

Leveraging Intrinsic Properties For Classification Of Coal Seams Towards Spontaneous Combustion Proclivity And Predicting Susceptibility Using Machine Learning: Smart And Sustainable Mining Approach, Siddhartha Agarwal, Pradeep K. Gautam, Yuhao Zou, Rishabh Dwivedi, Durga C. Panigrahi, Cihan H. Dagli, A. Singh

Engineering Management and Systems Engineering Faculty Research & Creative Works

Mine fires and other hazards caused by spontaneous coal combustion are a pervasive and longstanding issue in Jharia coalfields, India. This study proposes a novel approach to classify coal seams based on their propensity to spontaneous combustion using the intrinsic properties of 30 coal samples from different seams. This method eliminates the need for expensive and time-consuming experimental determinations of susceptibility indices (SI) such as crossing point temperature (CPT), critical air blast (CAB), and differential thermal analysis (DTA). All clustering models, viz. hierarchical, k-means, and multidimensional scaling, aptly classify coal seams into three categories: highly risky, medium risky, and low …

For Whose Benefit Is The Freedom Of Speech?, Vincent A. Blasi

Faculty Scholarship

In United States v. Alvarez, the US Supreme Court ruled that an official of a water district who introduced himself to his constituents by falsely stating in a public meeting that he had earned the Congressional Medal of Honor had a First Amendment right to make that demonstrably untrue claim. Audience members misled by the statement might well be considered to have a First Amendment interest in not being directly and knowingly lied to in that way. Other members of the community might be thought to have a First Amendment interest in public officials such as Xavier Alvarez telling …

2025 Spring - Veterans Upward Bound Newsletter, Veterans Upward Bound, East Tennessee State University

Veterans Upward Bound Newsletters

No abstract provided.

Math And Aftermath: Impacts Of Unbundling A Large Journal Package On Researcher Perceptions And Behavior, Kizer S. Walker, Adam Chandler, Caitlin Finlay, Gabriela Castro Gessner, Tobi Hines, Jesse Koennecke, Susan Kendrick, Leah Mcewen, Jacob Sayward, Henrik W.W. Spoon

Articles

This study seeks to understand the effects on researchers’ work at a large research university in the wake of the university library’s shift from a near-comprehensive journals package with a single, large publisher to a selective list of individual journal subscriptions. Analyzing historical journal usage, along with turnaway and interlibrary loan trends from the years following the changes, the authors made use of structured interviews with local researchers to bring context and meaning to the quantitative data. The interviews highlighted researchers’ strategies for gaining access to literature in their fields to which the library does not subscribe, and revealed assumptions …

The Question Not Presented: Government And Social Media Corruption After Murthy V. Missouri, Richard Painter

Articles

The Supreme Court in Murthy v. Missouri in 2024 dismissed a suit by multiple plaintiffs alleging that the Biden Administration’s efforts to persuade social media platforms to monitor content violated the First Amendment. Although the Court did not directly decide the constitutionality of the government policy, the Court imposed a high bar for plaintiffs other than social media platforms to show standing to challenge the constitutionality of government pressure on the platforms. But the coercion problem is not the only troubling aspect of this government policy. The question not presented to the Court was the corruption problem. What happens when …

Corporate Governance For Platform Workers, Matthew T. Bodie, Grant M. Hayden Professor

Articles

Regardless of their status under employment law, we believe that corporate law holds untapped potential in reshaping the rights and working conditions of platform workers. While the law of corporate governance remains aligned with shareholder interests, the collapse of the law-and-economics underpinnings of shareholder primacy should prompt us to develop new approaches to corporate governance. In this Essay, we briefly set out three alternative models for determining whether stakeholders should participate in corporate governance: a democratic participation model, a theory of the firm model, and an information theory model. All are fully consistent with the precepts of standard economics that …

Scientific And Technical Expertise After Loper Bright, Sapna Kumar

Articles

Courts once trusted federal agencies for their expertise in administering complex statutory schemes, particularly regarding science and technology. Unlike judges, agency officials can narrowly focus on a specific area of law and have access to experts to inform their decision making. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court created a presumption that, absent language to the contrary, Congress intends for agencies to interpret statutory ambiguities. Chevron allowed agencies to utilize their varied forms of expertise while ensuring oversight from generalist judges. This court–agency partnership abruptly ended, however, in Loper Bright Enterprises v. Raimondo. The Court …

The Rhetoric And Reality Of Shareholder Profit Maximization, Claire A. Hill

Articles

There is presently a heated debate as to what a corporation’s purpose should be. The debate is between proponents of shareholder profit maximization (SPM), the idea that companies should be run exclusively in the financial interests of their shareholders, and proponents of stakeholderism, the idea that in addition to shareholder financial interests, companies should be run to further interests of other stakeholders. At least some of these other stakeholders are quite sympathetic and their interests, or more precisely, the respects in which their interests are purportedly being harmed (or at least insufficiently attended to), are quite salient. While SPM and …

Narrowing The Frame: Consumer Insurance Policies And The Limits Of The Restatement Of Consumer Contracts, Daniel Benjamin Schwarcz

Articles

No abstract provided.

Fairness In Contract Law: An Impossibility Theorem?, Francesco Parisi, Brian H. Bix

Articles

Scholars have long debated whether contract law should prioritize maximizing efficiency and social welfare or, instead, prioritize justice, fairness and other deontological values. The debate is partly prescriptive (what should we try to do with contract law rules) and partly conceptual (how should we understand contract law). This article surveys central positions in this debate, distinguishing between the corrective and redistributive functions of contract law and between doing justice between the parties and more systemic effects. It highlights an impossibility theorem that underscores the self-defeating nature of redistributive policies in price-based contractual relationships, using a numerical example and two policy …

Standardization And Accuracy Of Race And Ethnicity Data: Equity Implications For Medical Ai, Alexandra Tsalidis, Lakshmi Bharadwaj, Francis X. Shen

Articles

Abstract

The rapid integration of artificial intelligence (AI) into healthcare has raised many concerns about race bias in AI models. Yet, overlooked in this dialogue is the lack of quality control for the accuracy of patient race and ethnicity (r/e) data in electronic health records (EHR). This article critically examines the factors driving inaccurate and unrepresentative r/e datasets. These include conceptual uncertainties about how to categorize races and ethnicity, shortcomings in data collection practices, EHR standards, and the misclassification of patients’ race or ethnicity. To address these challenges, we propose a two-pronged action plan. First, we present a set of …

Ai Assistance In Legal Analysis: An Empirical Study, Jonathan H. Choi, Daniel Benjamin Schwarcz

Articles

No abstract provided.

Beyond The First Trimester: Social Determinants Of Delayed Prenatal Care At A Community Health Center Using The Prapare Tool, Abbie Page, Rebecca Ford Mccann, Sarah Maness, Maya Merriweather, Page D. Dobbs

Health, Human Performance and Recreation Faculty Publications and Presentations

Social determinants of health have been used to explore associations with pregnancy outcomes and the birth weight of infants; however, research employing individually based social risk measures has not examined associations among underserved populations, including pregnant persons at community health centers. Data were collected from a sample (n = 345) of pregnant persons who sought care at a community health center between January 2019 and December 2020. Social risks of pregnant patients were measured using the PRAPARE tool. First, associations between patients’ social risks and trimester in which they initiated care were assessed using ANOVAs, grouping social risk by …

Food Allergies And Quality Of Life In Older Adults: Development Of A Food Allergy Questionnaire, Avalon F. Mustafa

UNF Graduate Theses and Dissertations

The United States is experiencing a rapid increase in the number of older adults, yet there is a lack of research on food allergies in this demographic. While there are survey instruments available to study food allergies and quality of life, none of these are tailored to the unique needs of elderly individuals. This study aims to create and validate an on-line survey instrument specifically designed for older adults, focusing on their quality of life in the context of food allergies. The survey will be used to establish a food allergy severity score and a quality-of-life score, enabling comparison between …

Free To Be You But Not Me?, Leah Litman

Reviews

In Gendered Liberty, Prof. Laura Portuondo presents a doctrinal puzzle: While claims to individual liberty are in decline in some spaces, they are ascendant in others. As Portuondo describes things, constitutional law has become increasingly hostile to claims by people who seek to defy gendered stereotypes. That includes the women who, for whatever reason, do not want to become mothers when they are pregnant, as well as the women whose lives, health, or fertility would be in jeopardy if they became mothers. The Supreme Court overruled their claims to liberty in Dobbs v. Jackson Women’s Health Organization.

Skills Evaluation Of Adjunct Nursing Faculty: A Quality Improvement Project, Ada Dimino Luong

DNP Scholarly Projects

Abstract

BACKGROUND: With rising student enrollment, colleges and universities are relying more on adjunct clinical nursing faculty as Clinical Nurse Educators (CNEs). Recruiting and retaining qualified CNEs is essential to high-quality clinical education. Although clinically proficient, CNEs may face challenges with teaching methods, instructional strategies, and formative feedback. This quality improvement (QI) project evaluated CNE’s competencies and developed a sustainable multimedia educational tool to enhance feedback skills in clinical education.

METHODS: The Academic Clinical Nurse Educator Skill Acquisition Tool (ACNESAT), a validated 40-item Likert-scale instrument created by Shellenbarger and Sebach, was used to assess CNE competencies. Pre and post intervention …

Recognizing And Responding To Moral Distress: Using Transformational Leadership To Increase Nurse Leader Thriving, Miriam Dowling-Schmitt

DNP Scholarly Projects

Background: Moral distress, burnout, and compassion fatigue in acute care nurses has increased significantly since the Covid-19 pandemic and has been associated with high levels of nursing turnover and increased costs to healthcare systems. Nurse leaders at the study organization had never received education on recognizing and responding to moral distress. Nursing engagement scores were low at the study organization in the areas of leadership support and well-being investment in nurses.

Problem Description: Between 2017 and 2021 job satisfaction for nurses with direct patient care responsibilities decreased in 20 of 21 categories according to the Bureau of Health Workforce. High …