Digital Commons Network^™

Tax Sheltering Death Care, Victoria J. Haneman

Scholarly Works

Death is not free. Funeral, burial, or cremation costs are the third largest category of expense over the lifetime of the average American, while poverty paradoxically remains the fourth leading cause of death. Many are unable to shoulder the often-exorbitant cost of death care without being forced to beg, borrow, or simply abandon human remains. Sufficient resources exist to ensure that everyone is laid to rest with dignity in the United States, but those resources are not evenly distributed. This is a conversation about affordable and humane disposition of remains as a right versus a privilege. It is a discussion …

Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Alexander W. Scherr

Scholarly Works

This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …

Business Risk, Capital Markets, And Sustainable Companies, Christopher Bruner

Scholarly Works

Corporate sustainability is inherently bound up with corporate risk, and particularly with risk-taking incentives of various corporate actors – including directors and officers who manage the business, and shareholders who can exert pressure upon corporate governance in various ways. This article sets out a framework for thinking about corporate risk-taking incentives and how they might be reformed to curb excessive risk and externalization of costs, thereby improving corporate sustainability.

Resisting Federal Preemption, Desiree Leclercq

Scholarly Works

One of the most pressing issues in constitutional law is how states may—and should—resist federal preempting laws and policies with which they disagree. It’s a problem faced by red and blue states alike in an age of extreme political polarization. Despite having legitimate reasons to resist the federal government on matters that affect local citizens and interests, states seem to have few options. Conventional wisdom is that they engage in either direct resistance through litigation that challenges the constitutionality of preempting laws, or evasion by quietly enacting arguably non-compliant laws hoping to avoid enforcement. Both strategies adopt a belligerent stance …

Perfecting Our Submission? Mann And Trump, Ruffin And Roberts, Joseph S. Miller

Scholarly Works

Presidential power is vast, both under law and in practice. Who holds presidents accountable, and by what means? Courts wrestle with these intertwined questions of power and accountability. The majority opinion in the 2024 presidential immunity case, Trump v. United States, is eerily resonant, rhetorically, with a notorious judgment enhancing one person’s power over others by shielding that power utterly from criminal-law accountability. That judgment, from 1829, is Judge Thomas Ruffin’s infamous slavery-law opinion for the North Carolina Supreme Court in State v. Mann. I juxtapose the two opinions, which share jarringly similar claims about the nature of power, rule, …

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Scholarly Works

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder. Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government-backed enforcement. With Green dividends, …

Large-Bore Mechanical Thrombectomy Versus Catheter-Directed Thrombolysis In The Management Of Intermediate-Risk Pulmonary Embolism: Primary Results Of The Peerless Randomized Controlled Trial, Wissam A. Jaber, Carin F. Gonsalves Md, Stefan Stortecky, Samuel Horr, Ripal T. Gandhi, Keith Pereira, Jay Giri, Sameer J. Khandhar, Khawaja Afzal Ammar, David M. Lasorda, Brian Stegman, Lucas Busch, David J. Dexter, Ezana M. Azene, Nikhil Daga, Fakhir Elmasri, Chandra R. Kunavarapu, Mark E. Rea, Joseph S. Rossi, Joseph Campbell, Jonathan Lindquist, Adam Raskin, Jason C. Smith, Thomas M. Tamlyn, Gabriel A. Hernandez, Parth Rali, Torrey R. Schmidt, Jeffrey T. Bruckel, Juan C. Camacho, Jun Li, Samy Selim, Catalin Toma, Sukhdeep Singh Basra, Brian A. Bergmark, Bhavraj Khalsa, David M. Zlotnick, Jordan Castle, David J. O'Connor, C. Michael Gibson, For The Peerless Committees And Investigators

Department Surgery Faculty Publications

BACKGROUND: There are a lack of randomized controlled trial data comparing outcomes of different catheter-based interventions for intermediate-risk pulmonary embolism.

METHODS: PEERLESS is a prospective, multicenter, randomized controlled trial that enrolled 550 patients with intermediate-risk pulmonary embolism with right ventricular dilatation and additional clinical risk factors randomized 1:1 to treatment with large-bore mechanical thrombectomy (LBMT) or catheter-directed thrombolysis (CDT). The primary end point was a hierarchal win ratio composite of the following (assessed at the sooner of hospital discharge or 7 days after the procedure): (1) all-cause mortality, (2) intracranial hemorrhage, (3) major bleeding, (4) clinical deterioration and/or escalation …

Long-Term Safety And Effectiveness Of The Treo Stent Graft For The Endovascular Treatment Of Infrarenal Abdominal Aortic Aneurysms, Matthew J. Eagleton, Michael C. Stoner, John Henretta, Maciej Dryjski, Jean M. Panneton, Apostolos Tassiopoulos, Manish Mehta, Benjamin Pearce, Mel J. Sharafuddin, Treo Investigators

Department Surgery Faculty Publications

Objective

Report on the long-term safety and effectiveness of the TREO stent graft in endovascular repair of AAA from a US investigational device clinical study.

Methods

Data from a multicenter, nonrandomized, prospective, US investigational device exemption pivotal study (NCT02009644) were used. From November 2013 to February 2016, 150 patients were enrolled at 29 US centers. Safety endpoints were defined as major adverse events (i.e., all-cause mortality, myocardial infarction, stroke, renal failure requiring renal replacement therapy, respiratory failure, paraplegia, bowel ischemia, and procedural blood loss of 1,000cc or greater). Effectiveness endpoints were defined as no aneurysm rupture, absence of sac increase …

Upper Airway Soot And Facial Burns Do Not Necessitate Intubation, Jessica Burgess, John Dubensky

Department Surgery Faculty Publications

Introduction

Identifying which patients are at risk for respiratory decompensation, whether from airway compromise or inhalation injury, is an important component of initial burn resuscitation. Findings that traditionally suggest the need for intubation include cutaneous burns to the face and neck, soot seen in the upper airway, and carbonaceous sputum. However, evidence suggests that a significant number of pre-burn center intubations are ultimately unnecessary. The purpose of this investigation was to determine if head and neck burns or sputum seen in the upper airways were correlated with the need for intubation.

Methods

This was a retrospective review of adults admitted …

A Rare Case Of Metastatic Myxofibrosarcoma To The Right Colon, Timothy K. Farrell, Matthew A. Carnell, Vincent J. Obias

Department Surgery Faculty Publications

Myxofibrosarcoma (MFS) is a common soft tissue sarcoma typically arising in the extremities of older adults. Metastatic spread usually involves the lungs, lymph nodes, or bone. We describe a rare case of metastatic MFS to the colon in a 76-year-old man, three years after surgical excision and radiation treatment for a left flank primary tumor. The patient presented with symptoms of obstipation and was found to have a 4 cm cecal mass confirmed by imaging and colonoscopy. Biopsy and surgical pathology confirmed metastatic MFS. A right colectomy was performed without complication. This case highlights an uncommon site of MFS metastasis …

Is It Getting Better? An Evaluation Of Two Successive Generations Of Chatgpt In Answering Specialized Vascular Surgery Questions, Dongjin Suh, Quang Le, Leana Dogbe, Kedar Lavingia, Michael Amendola

Department Surgery Faculty Publications

Purpose: Large language models (LLMs) can generate clinically relevant text; however, their performance in highly specialized medical domains remains uncertain. This study evaluated ChatGPT-3.5 and ChatGPT-4 (OpenAI) using vascular surgery board–style questions from the Vascular Education and Self-Assessment Program, version 4 (VESAP4) and compared the two public model versions (June and November 2023).

Materials and Methods: All non-image VESAP4 questions (n=384) were presented independently three times to each model version (ChatGPT-3.5 June/November; ChatGPT-4, June/November). Outcomes included accuracy (proportion correct), consistency (same option letter across all three attempts and “consistently correct”), explanation length (word count), and modes of failure classified for …

Reflections On The Importance Of Critical Theory To Teaching Environmental Law, Sean M. Kammer

South Dakota Law Review

The freedom of students to learn about critical approaches to understanding their world is under sustained political attack. In this time of increasing environmental peril and political dysfunction, Professor Sean M. Kammer reflects upon the importance of critical theory (including Critical Race Theory) to understanding - and ultimately redressing - the related problems of resource scarcity and environmental degradation. While these problems can surely be described in terms of "economic inefficiencies" or "ecological disturbances," as they most often are, they must also be understood (and taught) as problems of colonial exploitation and violence. For example, one cannot understand Justice John …

Assessing The Past And Future Of Article Iii, Section 12 Of The South Dakota Constitution, Neil Fulton, Madison Gosch

South Dakota Law Review

The framers of South Dakota's Constitution feared corruption among public officials. This inspired them to implement structural checks on corruption in that organic document. One result of that effort was Article III, Section 12. That provision prohibited legislators from entering contracts authorized during their term. It further prohibited legislators from occupying other public offices during the legislative service or being appointed to offices created or given increased compensation during their term. The expansion of state government's reach over time and a recent reinterpretation of Article III, Section 12 raises the question of how well it aligns with current circumstances. This …

Disputing Death: Medical Futility Laws And Procedures To Facilitate End Of Life Discussions Among Patients, Family, And Practitioners, Emily Greco

South Dakota Law Review

In a world of continuous innovation, medical care in particular has changed the way humans experience life and death—lengthening life and slowing death. But where patients have the opportunity to be kept alive with medical intervention, physicians often struggle ethically with administering care that is ultimately futile or medically inappropriate. Many times patients themselves are unable to communicate, incapacitated by their ailment. As a result, surrogates must step in to make decisions on patients’ behalves. Surrogates, acting as advocates for patients, tend to withhold consent when a provider believes continued intervention is futile and wishes to withdraw or withhold treatment. …

Understanding Rural Legal Deserts To Inform Public Policy: Identifying And Describing Lawyer Gaps In Non-Metropolitan Counties, David J. Peters, Emma Bartling, Emily Meyer

South Dakota Law Review

Rural legal deserts have become a growing topic of interest to legal scholars and social scientists in the U.S. However, current research is limited by measurement issues and by the lack of national-scale analyses. To address these limitations, we identify legal deserts by applying latent profile analysis to lawyer gap rates for N = 2,307 non-metropolitan counties in the U.S. Lawyer gap rates are calculated as local demand for lawyers minus the local supply, using employment in private practice law offices from the Census Bureau. Next, we statistically describe the spatial, demographic, economic, and social characteristics of legal deserts. We …

Reevaluating South Dakota's Child Support Deduction: Balancing Retirement Contributions And Children's Needs, Marilyn Trefz

South Dakota Law Review

This article explores how South Dakota’s child support provisions, particularly the 10% allowable deduction for voluntary retirement contributions from parents’ gross income, affect the fair distribution of financial responsibilities between parents. By exploring the historical context and evolution of this statute, this article highlights the challenges and disparities the 10% deduction creates, particularly for custodial parents living in poverty. Through a comparative analysis with other states and a discussion on balancing retirement savings with child support needs, the article argues for reconsideration of the statutory allowance. The article’s aim is to ensure that the next revision of the child support …

The Office Of The South Dakota Senate President Pro Tempore, Lee Schoenbeck

South Dakota Law Review

The South Dakota Senate’s history, challenges, and processes, as carried out by the office of the President Pro Tempore, have never before been collected in one place. This article does that and is designed to be a guide for future legislators as they lead and strengthen the institution of the South Dakota Senate.

Seaweed (Laminaria Digitata) And Honey Kombucha: A Fermented Antioxidant-Rich Beverage: Fermentation, Anastasia Karpova, Deborah Adesina, Furong Tian, Azza S. Naik

Research Outputs: 2025-Present

Kombucha is a sweetened tea infusion fermented using a symbiotic culture of bacteria and yeast (SCOBY). Recently, kombucha has gained popularity due to its potential health benefits, attributed to its high antioxidant and probiotic properties. The aim of this research was to formulate a novel antioxidant-rich beverage with symbiotic benefits by utilizing ingredients such as Laminaria digitata (brown seaweed), cinnamon, and lavender adjuncts, alongside alternative substrates like acacia honey and conventionally used ingredients such as ginger (Zingiber officinale Roscoe). This study comprehensively evaluated parameters including pH levels, acidity, alcohol content, color, and antioxidant potential of the beverages. All kombucha beverages …

Leveraging Future Foresight And Planning In Human Resource Management: Preparing Organizations For The Workforce Of Tomorrow, Naser Althehli

Theses

As organizations face unprecedented uncertainty as they navigate a complicated and fast-changing world, the ability to anticipate and adapt to workforce shifts has become more crucial than ever. This thesis examines how future foresight and strategic planning in human resource management (HRM) can reinforce organizational adaptability and maintain a competitive edge. By analyzing key drivers of change—including technological advancements, demographic shifts, political dynamics, and socio-economic trends—the study identifies innovative HRM strategies that enable organizations to address emerging workforce challenges and opportunities proactively. Through a structured evaluation of foresight techniques, this research highlights best practices for cultivating a resilient and future-ready …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty advisors for Lewis & Clark Law Review Vol. 28, No. 4, 2025.

Embrace The Suck: Why States And Localities Should Use Property Rights To Fix Broken Housing Voucher Programs, Elizabeth Elia

Lewis & Clark Law Review

The largest federal affordable housing program is an income supplement program called Housing Choice Vouchers (formerly Section 8). When a low-income person has a housing voucher, they find and rent privately owned, market-rate housing. The tenant pays a portion of the rent, and the federal Department of Housing and Urban Development pays the rest of the rent directly to the landlord. Unfortunately, most voucher-holders end up renting in high-poverty neighborhoods and more than one in three tenants who receive a housing voucher are unable to use it before it expires. This is because most private landlords choose not to rent …

Perfecting Our Submission? Mann And Trump, Ruffin And Roberts, Joseph Scott Miller

Lewis & Clark Law Review

Presidential power is vast, both under law and in practice. Who holds presidents accountable, and by what means? Courts wrestle with these intertwined questions of power and accountability. The majority opinion in the 2024 presidential immunity case, Trump v. United States, is eerily resonant, rhetorically, with a notorious judgment enhancing one person’s power over others by shielding that power utterly from criminal-law accountability. That judgment, from 1829, is Judge Thomas Ruffin’s infamous slavery-law opinion for the North Carolina Supreme Court in State v. Mann. I juxtapose the two opinions, which share jarringly similar claims about the nature of power, rule, …

Rights As Remedies: Using Latin American Legal Channels To Halt U.S. Border Externalization, Natalie Lerner

Lewis & Clark Law Review

The first Trump Administration saw intense border crackdowns and a ramping up of restrictions on asylum. While some of these policies shifted under President Biden, many were recreated under new names. The second Trump Administration has functionally closed the border and deported asylum seekers to third countries such as Costa Rica and Panama, leaning heavily on Latin American countries to accept expelled migrants. As U.S. courts fail to preserve asylum law domestically, international law, as integrated into the constitutions of Latin American countries, can provide a valuable litigation tool to block those countries from participating in the U.S. border externalization …

Curing The Cancer Pledge: Three Legal Reforms To Support Employees With Cancer, Hannah R. Weiser, Elizabeth Brown

Lewis & Clark Law Review

The 2023 Super Bowl featured a short film about the #WorkingWithCancer Pledge, a business initiative supporting employees with cancer, to over 100 million viewers. This film highlighted the struggles of a disease that affects a shocking 50% of individuals. It also underscored the need for a broader and more impactful approach ensuring that people with cancer have as full and equitable opportunities to work as other employees. While cancer in the workplace is increasingly common, misconceptions and stigma surrounding cancer exacerbate the gaps in legal protections for both employees with cancer and their employers. Employees with cancer need better legal …

Carceral Bonds, Tyler E. Dougherty

Lewis & Clark Law Review

Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market—with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states’ capacities to incarcerate.

This Article argues that the two primary controls of states’ use of the carceral bond market—(1) market discipline and (2) states’ fiscal constitutions—are particularly ineffective at limiting states’ spending on prisons. This failure to restrain states’ spending through the carceral bond market enables private …

Maternal Nutriture And Concurrent Wasting And Stunting Among Under-Five Children: A Systematic Review, Aileen R. De Juras, Rodesa N. Forcadilla, Mary Ann M. Ingua, Angeline A. Bueno

Journal Article

Concurrent wasting and stunting (WaSt) is a severe form of child undernutrition associated with increased morbidity and mortality. While maternal nutritional status independently influences wasting and stunting, its role in their co-occurrence among children remains insufficiently explored. This systematic review aimed to examine associations between WaSt and maternal nutritional status and related determinants, as well how WaSt is defined, measured, and reported. It was conducted in accordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines and registered with PROSPERO International Prospective Register of Systematic Reviews (CRD42024493969). Structured searches in Scopus, Web of Science, and Cochrane databases were …

Evaluation Of Bacterial Contamination On Flush Levers And Faucet Tap Handles In The Institute Of Biological Sciences Building Restrooms, University Of The Philippines Los Baños, Jan Patricia S. Estillore, Ronilo Jose D. Flores, Renard M. Jamora

Journal Article

Public restrooms provide convenience outside the home but are frequented by many users daily, creating a risk of microbial contamination on commonly touched surfaces such as flush levers and faucet handles. This study assessed microbial loads on these surfaces across genders and floors and aimed to isolate antibiotic-resistant Staphylococcus species and characterize Enterobacteriaceae. Samples were collected from flush levers and faucet handles across three floors of Wing C, Institute of Biological Sciences, University of the Philippines Los Baños, Laguna, Philippines. Results showed that faucet handles (7.9 × 109CFU/cm2) harbored higher microbial loads than flush levers (5.3 × 109CFU/cm2), and female …

Broader Consequences Of 17Α-Methyltestosterone-Induced Masculinization In Betta Splendens: Toxicological, Behavioral, And Morphometric Outcomes, Imee Rose E. Felipe, Alexandra May R. Rosario, Vijay Hanz A. Tuason

Journal Article

The 17α-methyltestosterone (MT) is a synthetic androgen widely applied in aquaculture, particularly in fish species like Betta splendens, where males have higher commercial value. While MT is effective for sex reversal, the broader physiological and behavioral consequences of MT exposure remain insufficiently characterized. This study evaluated toxicological, behavioral, and morphometric endpoints in B. splendens to provide an integrated assessment of the impacts of MT exposure. Immersion assays in fry (2 days post- hatch, dph) demonstrated clear dose- and exposure-dependent toxicity, with cumulative toxicity under continuous 48 h immersion while greater tolerance under discrete immersion (two 3 h immersion at 2 …

Antibiotic Susceptibility Of Bacterial Contaminants In Tissue-Cultured Musa Acuminata ‘Lakatan’ And Musa Textilis ‘Inosa’, Brendell Philip B. Tejoso, Lourna Mae Q. David, Emmanuel L. Bernardo, Carlo Miguel C. Sandoval, Renard M. Jamora

Journal Article

Banana (Musa acuminata) and abaca (Musa textilis) are economically important crops in the Philippines. However, both crops are increasingly threatened by disease outbreaks, which can be mitigated through mass propagation using tissue culture techniques. Tissue culture propagation, however, is often compromised by bacterial contamination originating from either environmental or endophytic sources. In this study, bacterial isolates from environmental surfaces and tissue-cultured explants were characterized using morphological and biochemical profiling. Environmental isolates consisted of Gram-positive and Gram-negative short rods, whereas tissue culture contaminants were predominantly Gram-negative short rods and a single Gram- positive coccus. This morphological distinction suggests that the tissue …

Supporting Careers, Strengthening Institutions: A Framework For Understanding The Careers Of University Professional Staff, Michelle Gander

Research outputs 2022 to 2026

In recent decades, universities have undergone profound transformations shaped by globalisation, digital disruption, new accountability regimes, and shifting societal expectations. While considerable scholarly and public attention has focused on academic staff within these institutions, far less has been devoted to understanding the evolving roles and contributions of professional staff. This report addresses that gap by bringing much-needed visibility to the increasingly complex, strategic, and professionalised work undertaken by professional services staff in higher education. This report foregrounds the career trajectories and aspirations of university professional staff. It sheds light on the opportunities and constraints that shape their advancement. By tracing …