Digital Commons Network^™

The Power And Peril Of The Aca's Universality At Fifteen, Nicole Huberfeld

Faculty Scholarship

As part of the symposium "15th Anniversary of the ACA: A Health Equity Review," this essay explores the ACA's mix of private law and public law provisions that rendered measurable improvements in health equity and health outcomes, especially for populations that experienced longstanding health disparities before its enactment.  Congress’s central objective was near-universal health insurance coverage, and the ACA employed a variety of mechanisms to reach that goal. The law’s health equity successes grew from establishing a principle of inclusion across federal statutes. This principle, which I have called “universality,” centered a human right to health approach: No longer would …

Corporate Childrearing, Katharine B. Silbaugh

Faculty Scholarship

With children influencing a trillion dollars in spending annually, corporations actively seek to shape children's identities in support of consumer culture and profit. Yet there are no scholarly treatments or theories of the legal relationship between children and corporations. Instead, scholars address individual industries such as food, social media, cosmetics, tobacco, or fashion, missing the structural role corporations play in children's identity formation. Family law evaluates child wellbeing interventions using a triangle to map the legal dynamics among child, parent, and state. This article adds corporations as fourth actors, reconceptualizing that triangle as a square. This square provides the first …

Obscurity And The Fallacy Of No Privacy In Public Information, Woodrow Hartzog

Faculty Scholarship

The main thesis of this chapter is that because there are so many different possible interpretations of ‘public information’, the concept cannot be used to justify data practices and surveillance without first articulating a more precise meaning that recognises what is at stake. By disposing of the myth that there is an objective and dispassionate concept of public information, judges and lawmakers can clear the way for information rules based on overt value choices. In short, if the concept of ‘public’ is going to shape people’s social and legal obligations, its meaning and neutrality should not be assumed.

My argument …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Sahani

Faculty Scholarship

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Other Side Of The Glass Cliff, Angela Onwuachi-Willig, Kellye Testy

Faculty Scholarship

First articulated by researchers Michelle K. Ryan and S. Alexander Haslam in 2005, the glass cliff theory posits that individuals from traditionally underrepresented groups in leadership, such as women and people of color, are more likely to obtain executive leadership positions during times of crisis, which means that such leaders take on their roles under conditions where they are more prone to fail. In this Essay, we focus on what we have termed “the other side of the glass cliff”: the intentional steps that women and people of color leaders in the legal academy have taken to build structures that …

Keeping Evidence Real, Anya Bernstein, Julia Simon-Kerr

Faculty Scholarship

Commentators largely agree that the Federal Rules of Evidence have problems. Expert testimony standards admit junk science. Impeachment rules chill defendant testimony. The hearsay regime defies consistent application and obstructs self-representation. The list goes on: Many rules fail to assist, or affirmatively thwart, jurors trying to make good decisions. Such shortcomings disproportionately harm those with the least power in the system, raising profound questions about whether the evidence code serves its statutory mandate—to promote truth and justice in court proceedings. In the face of widely recognized problems, the government body charged with managing the evidence code—the Advisory Committee on Evidence …

Sidelining The Public, Anya Bernstein, Glen Staszewski, Wendy E. Wagner

Faculty Scholarship

This Article challenges the widely held view that Congress is the American government’s institution closest to the people, while administrative agencies are unaccountable and unresponsive. Providing a systematic, side-by-side institutional analysis, we compare the actual practices and capacities of these two institutions to engage affected publics in policymaking. We find that despite the democratic bona fides of an elected legislature, agencies possess superior capacities, more evolved practices, stricter rules, and stronger incentives for meaningful public engagement. Yet these capacities have been eroded—particularly over the last 50 years—by intensifying legal, political, and managerial obstacles. The Supreme Court and political actors have …

The Hypocrisy Of Data Governance, Zubair Shafiq, Olivia Figueira, Athina Markopoulou, Woodrow Hartzog, Michael Lavine

Faculty Scholarship

“Data governance” is an empty term, like a Rorschach inkblot just waiting to be filled with meaning. Tech companies take advantage of this ambiguity to craft narratives about their data-governance capabilities to fit their audience and purpose. On one hand, tech companies brag about their data-governance capabilities when it fits their business model (for example, to advertisers) and public image (for example, to their customers). On the other hand, tech companies claim that meaningful data governance is challenging or impossible when accountability is demanded.

In this Article, we argue that tech companies systematically misrepresent or selectively ignore their data-governance capabilities. …

Privacy’S Autonomy Thicket: Disentangling Choice, Consent And Control, Jordan Francis, Woodrow Hartzog, Neil Richards

Faculty Scholarship

When it comes to talking about autonomy, privacy law could use a little clarity. Its discourse uses terms like “choice,” “consent,” and “control” to evoke autonomy, but these terms are too rarely defined and too often used interchangeably, even though they can mean very different things. The three terms have become entangled in a way that has become confusing and counterproductive. We call this problem “privacy’s autonomy thicket,” and it matters because it encourages talking past each other in policy debates, enabling the redefinition of these terms in misleading ways that produce weak and disempowering “notice and choice” regimes.

In …

The Anti-Federalism Of Hr1, Nicole Huberfeld

Faculty Scholarship

The budget reconciliation bill signed on July 4, 2025 (“HR1”) weakened the Patient Protection and Affordable Care Act (ACA) and its core goal of near-universal health insurance coverage. To maintain 2017 tax cuts, Congress curtailed the ACA’s Medicaid eligibility expansion; simultaneously, HR1 limited the kinds of options states have been able to exercise within Medicaid while pushing the costs of deep cuts down to states. This essay argues that HR1 embodies an anti-federalism approach, and that anti-federalism is not the same as federalizing health reforms. In the past, Congress sometimes federalized health care or public health reforms to respond to …

Regulating Crisis Pregnancy Centers After Nifla And Dobbs: Controversies Over When Government Is Imposing An Orthodoxy About Abortion, Linda C. Mcclain

Faculty Scholarship

How does this broader sense of Barnette’s proscription of government from imposing “what shall be orthodox” implicate governmental restrictions on reproductive autonomy? Battles over reproductive freedom centrally implicate objections that government is unconstitutionally imposing a gender orthodoxy. Arguments for a right of personal autonomy embodying an antitotalitarian principle of liberty are arguments for a right to resist governmental imposition of an orthodoxy— for example, an idea about the natural or traditional role of women as mothers together with a view about how best to respect the sanctity of life. Rights to reproductive autonomy, grounded in personal autonomy and equality, …

Will They Be More Honest With An (External) Proctor? Evaluating Ufc Match Performance Before And After The Adoption Of The Usada Doping Program, Moonsup Hyun, Wonsok (Frank) Jee, Sehwon Kang, Yohan Lee

Human Movement Studies & Special Education Faculty Publications

Over the eight years from 2015 to 2023, the Ultimate Fighting Championship (UFC) partnered with the United States Anti-Doping Agency (USADA) to institute comprehensive external oversight of doping controls. This study investigates the effects of transitioning from internally administered anti-doping protocols to exclusive external governance by comparing UFC performance metrics before and during the USADA partnership. Using a Difference-in-Differences (DiD) approach with data from 2012 to 2018, we find that match duration significantly increased, while the likelihood of extreme outcomes, knockouts (KO), technical knockouts (TKO), and submissions, decreased during the USADA period. These results suggest that performance-enhancing drugs (PEDs) could …

Understanding Motivations And Health Outcomes Of College-Aged Triathletes During Covid-19: A Mixed-Methods Study, Patrick Wilson, Eddie Hill, Justin Haegele, Xihe Zhu

Human Movement Studies & Special Education Faculty Publications

A triathlon is a multi-sport event that consists of three simultaneous events: swimming, biking, and running. This sport has experienced significant growth in the past few decades, with colleges and universities now participating. This exploratory mixed-methods study examined the motivations and perceived health benefits of college triathletes during the COVID-19 pandemic, using the Means-Ends of Recreation Scale and the Perceived Health Outcomes of Recreation Scale (N = 29), as well as semi-structured interviews (N = 4). Results indicate no difference in motives or health outcomes between male and female survey respondents. The thematic analysis of open-ended interview questions highlighted lived …

An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin

Human Movement Studies & Special Education Faculty Publications

Introduction

Despite evidence suggesting language and cognition deficits are prevalent for justice involved youth, little research explores how juvenile justice personnel experience language and cognition behaviours in the youth they serve.

Aims

This qualitative study explored how juvenile justice personnel understand language and cognition skills and deficits in justice involved youth.

Methods

Twenty-two U.S. juvenile justice professionals participated in individual, semi-structured interviews. Questions focused on individual understanding of receptive language, expressive language, social communication, and cognition (i.e., problem-solving, predicting consequences and impulsiveness) in juveniles served. Using a phenomenological lens, transcripts were coded identifying themes and sub-themes of participant responses.

Results …

Integrating Self-Determination Theory And Continuous Glucose Monitoring: Promoting Youth Development Among Campers With Type 1 Diabetes, Eddie Hill, Bethany Arrington, Taylor Harvey, Alexis Barmoh, Rowan Williams, Laura Hill

Human Movement Studies & Special Education Faculty Publications

The purpose of this cohort study was to evaluate participants’ general self-management and experiences of autonomy while attending diabetes camp using quantitative and qualitative data collection. Through a partnership, an outdoor diabetes camp was designed to assist youth with type 1 diabetes (T1D) in their management. The REACH Teen program conducted a week-long summer camp for youth with T1D. The study was designed through Outcome-Focused Programming grounded in Self-Determination Theory (SDT) to meet campers’ needs of autonomy, competence, and relatedness. Campers participated in outdoor activities and diabetes education designed to increase healthy behaviors. Twenty-three campers completed a 24-item pre- and …

Ensuring Rich Rigor Of Qualitative Methodologies In Behavior Analytic Research, Daria K. Lorio-Barsten, Selena J. Layden

Human Movement Studies & Special Education Faculty Publications

Quantitative methods remain the hallmark of research in applied behavior analysis. Yet, such methods frequently fail to capture the nuances of context where behavior analysis is practiced. Therefore, qualitative methods can provide complementary means to gain deeper insight into changes in socially significant behavior. We believe that researchers within the field of behavior analysis have much to gain from embracing qualitative methodologies. We propose that more researchers can and should consider conducting rigorous qualitative research to elevate the voices of the participants and relate the depth and complexities of their nuanced experiences. This article discusses Tracy’s “big tent” quality criteria …

Experiential Learning: Making It Matter In Early Childhood Preparation, Laura Mccorkle, Sheena Jennings, Dana Childress

Human Movement Studies & Special Education Faculty Publications

In recent years, the Division for Early Childhood (DEC) of the Council for Exceptional Children (CEC) has put forth recommendations for the field through the development of the Position Statement on Ethical Practice and Personnel Standards in Early Childhood Special Education. Additionally, principles outlined in the Early Childhood Education/Early Intervention/Early Childhood Special Education (ECE/EI/ECSE) Crosswalk and the DEC promote supervised, community-based learning across varied environments and the birth-to-age-8 continuum. This article, which includes four figures, provides support to faculty in developing experiential learning opportunities (ELOs) within their programs of study for EI, ECE, and/or ECSE preservice professionals.

The Effects Of Physical Activity Timing And Adherence To Physical Activity Guidelines On Sleep In Children With Adhd, Xiao Liang, Mengping Zhao, Li Su, Justin A. Haegele, Richard H. Xu, Jingjing Li, Andy Choi-Yeung Tse, Shirley X. Li

Human Movement Studies & Special Education Faculty Publications

Regular physical activity (PA) has been shown to benefit sleep. However, the effects of PA timing and adherence to the WHO's recommended 60-min moderate-to-vigorous physical activity (MVPA) guideline on sleep are unclear, especially for children with ADHD who often experience sleep problems. This study examined whether timing of MVPA influenced objectively measured sleep, including sleep latency (SL), sleep efficiency (SE), total sleep time (TST), and wake after sleep onset (WASO), among children with ADHD. This cross-sectional study involved 253 children with ADHD (Mage = 8.60 ± 1.31 years, 81% boys). MVPA timing was categorized as more than 8 h before …

Questioning Body-Normativity Dominance In Inclusive Physical Education: A Transgressive Analysis Through Bell Hooks' Perspectives, Maria Luiza Tanure Alves, Justin A. Haegele, Anthony Maher, Sebastian Ruin, Lesley Sharpe, Martina Giese, Janine Coates

Human Movement Studies & Special Education Faculty Publications

Grounded in Critical Disability Studies, this study examines how mechanisms of oppression are recurrently legitimized in relation to Disabled students in Physical Education (PE). Drawing on bell hooks’ perspective, this study explores recurring logics of domination, thereby deepening understandings of how oppression is produced and sustained in PE. Using a post-structuralist approach, we conducted qualitative interviews with nine PE teachers to examine the dominant beliefs and pedagogical practices that shape PE in relation to disability. Interview data were analyzed through interpretative discourse analysis, guided by Critical Disability Studies and informed by hooks’ critical insights on oppression. The findings suggest …

Beyond Price: How Platform Power Shapes Demand Allocation In Online Hotel Channels, Ling Ling, Timothy Webb, Zvi Schwartz

Human Movement Studies & Special Education Faculty Publications

Rate disparity remains a widely used but poorly understood pricing strategy in the hotel industry. While previous research generally assumes that lower prices shift demand toward less expensive channels, this study investigates whether such effects occur in practice. Using high-frequency booking and pricing data from five full-service hotels across multiple online travel agencies (OTAs), we analyze how rate disparity relates to the distribution of demand across channels. The findings show that the impact of price differences is limited, highly non-linear, and strongly dependent on contextual factors. Channel market power and hotel-specific characteristics seem to play a more significant role than …

International Law, The Courts, And The Political Branches Of Singapore: Painting A Complete Picture, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In line with Singapore's vision of the separation of powers, the courts' duty is primarily to give effect to domestic law; the political branches take the lead in engaging with international law. A study of Singapore's interface with international law would therefore be incomplete were it to consider only the courts' role and not the political branches' model of international law as primarily a guarantor of Singapore's sovereignty and standing as a participant on the international stage. The political branches have been circumspect in engaging with international law in other areas, such as human rights, preferring a specifically Singaporean vision …

The Shareholder’S Standing To Challenge The Exercise Of Directorial Power: Tianrui (International) Holding Company V China Shanshui Cement Group Ltd, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

An enduring problem with the proper purposes duty is the apparent right of the shareholder to enforce the same despite the duty being owed to the company. The cases on the proper purpose duty have thus far simply assumed the right of the shareholder to do so without dealing with the question of standing. In Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd, the Privy Council dealt with this issue directly and affirmed the shareholder's right to bring the action on the basis of the statutory contract constituted by the memorandum and articles of association of the …

Study Of Fire Regimes In Southwestern Australia Using Geospatial Techniques, Ana Do Carmo Carvalho

Theses: Doctorates and Masters

The Northern Jarrah Forest in Southwestern Australia (SWA), part of a global biodiversity hotspot, is home to fire-sensitive tree species such as marri (Corymbia calophylla) and jarrah (Eucalyptus marginata). As climate change intensifies drought and extreme fire events, understanding the drivers of fire severity is increasingly critical. This thesis analyses fire regimes within the Mundaring drinking water catchment to better understand the spatiotemporal complexity of fire severity in relation to fire history and environmental factors.

The thesis commences with a review of three Fire History Databases (FHDs) used in SWA, highlighting significant inconsistencies and data gaps across time and space. …

The Experience Of Homelessness Among Older Adults In Bhutan - A Narrative Inquiry Study, Phuntsho Om

Theses: Doctorates and Masters

A shift in the demographics of homelessness started to occur in the 1900s, with a significant increase in the number of middle-aged or elderly men and women being recognised as a part of the homeless population. The rising urgent global concern of homelessness of older adults necessitates a deeper understanding of the lived experience and holistic well-being of these marginalised adults. This thesis aimed to explore the phenomenon of homelessness of older adults in Bhutan, which is an often neglected topic in both national and international gerontological research.

Employing narrative inquiry within the constructivist approach as articulated by Pino Gravidia …

Understanding Climate Change And Wellbeing Through Bhutan's Pursuit Of Gross National Happiness, Tashi Dorji

Theses: Doctorates and Masters

Climate change has evolved into one of the biggest global challenges of the twenty first century reshaping ecological systems and social conditions with wide-ranging implications for human wellbeing. Bhutan offers a distinct context to explore interactions between climate change and wellbeing as it remains guided by its wellbeing-centred development philosophy of Gross National Happiness (GNH). At the same time, it remains highly vulnerable to climate change despite being the only carbon negative country in the world. Nonetheless, the intersections between climate change and GNH have not been systematically explored.

This research aims to explore the relationship between climate change and …

Patient Experiences Of Receiving Home-Based Immunotherapy Infusions - A Constructivist Grounded Theory Study, Patricia Ann Cook

Theses: Doctorates and Masters

Context: The treatment of cancer and chronic health conditions has been greatly revolutionised via intravenous immunotherapy infusions. Demand, both globally and in Australia, is increasing due to several factors including aging and increased populations, subsequent increases of cancer cases, new immunotherapy indications and increased survival rates.

In Perth, Western Australia, a private service provider commenced delivering a home based immunotherapy infusions model of care as a hospital substitution service provider in 2013 and the service has now been extended across Australia. The safety and efficacy of home-based infusions have been well documented in research, and an increasing number of patients …

Measurement Of Predictive Validity Of Admission Criteria Used By Public Dental Colleges In Pakistan. Time To Reconsider, Shahid Akhtar Akhund

Journal of Dental Sciences

Background/purpose Dentistry education evolved from treating painful teeth to comprehensive oral care program. Oral health is an integral component of general healthcare. Like medical institutes, dental institutes have introduced admission tests as a component of selection criteria. However, various selection criteria components are not investigated for their predictive validity. This study aimed to measure the predictive value of selection criteria used in Pakistani dental colleges. This study provides recommendations for revision of weightings of admission criteria. Materials and methods This is a retrospective, quantitative and longitudinal cohort study. Deidentified data from a public dental college of Pakistan were analyzed. The …

Domiciliary Dental Care Coverage In Taiwan: An Assessment Of Provider Participation And Geographic Distribution Using The Universal Health Coverage Framework, Chuan-Hang Yu

Journal of Dental Sciences

Background/purpose Universal health coverage (UHC) ensures access to needed health services without financial hardship. While Taiwan has achieved near-universal coverage for most medical services, domiciliary dental care (DDC) for people with mobility limitations remains poorly integrated into the UHC framework. This study assessed DDC coverage in Taiwan using the World Health Organization UHC framework. Materials and methods Publicly available 2024 data were analyzed for dental institutions, practicing dentists, DDC providers, and long-term care populations across Taiwan's six National Health Insurance (NHI) regions and 22 administrative districts. Geographic distribution was examined using provider density metrics, Lorenz curves, and Gini coefficients. Results …

Role Of Three-Phase Bone Scintigraphy And Fluorodeoxyglucose Positron Emission Tomography In Monitoring Hyperbaric Oxygen Therapy Combined With Conservative Surgery For Refractory Osteomyelitis, Yu Nakai, Ken-Ichiro Sakata, Masayuki Shinohara, Yusuke Nakamura, Keisuke Nakamura, Tougo Tanabe, Taku Kimura, Takuya Asaka, Jun Sato, Yoshimasa Kitagawa

Journal of Dental Sciences

Background/purpose: The anti-inflammatory effect of hyperbaric oxygen therapy (HBOT) on osteomyelitis of the jaw has not been sufficiently quantified. In this study, we aimed to quantitatively evaluate the effects of HBOT and postoperative disease status in patients with jaw osteomyelitis treated with minimally invasive surgery combined with HBOT using nuclear medicine imaging.

Materials and methods: The study included 11 patients who underwent sequestrectomy or saucerization and preoperative HBOT in our department between 2008 and 2015. The underlying etiologies were dental infection-related osteomyelitis (four cases; hereinafter ODONT group), osteoradionecrosis (four cases; hereinafter ORN group), or medication-related osteonecrosis of the jaw (three …

Development Of A Risk Scoring System For Predicting Post-Extraction Medication-Related Osteonecrosis Of Jaws: A Derivation And Validation Cohort Study, Ling-Ying Wei, Ching-Ming Chiu, Sang-Heng Kok, Hung-Ying Lin, Wei-Yih Chiu, Hao-Hong Chang, Shih-Jung Cheng, Jang-Jaer Lee

Journal of Dental Sciences

Background/purpose: Although risk factors for medication-related osteonecrosis of the jaw (MRONJ) are known, clinical assessment prior to dental extraction remains largely subjective. We aimed to develop and externally validate a simple clinical risk scoring system to predict post-extraction MRONJ in osteoporotic patients receiving antiresorptive therapy (ART) and support evidence-based clinical decision-making.

Materials and methods: This retrospective cohort study used a derivation cohort (N = 1,067 extractions, 2003‒2022) to develop a 5- to 16-point risk score system based on five predictors (age ≥ 75, ART duration ≥ 24 months, bisphosphonate use, drug interruption < 3 months, and extraction site). The model was validated in an independent cohort (N = 928 extractions, 2022–2024) using a pre-defined ≥12 cut-off. Performance metrics included the area under the curve (AUC), sensitivity, specificity, positive predictive value (PPV), and negative predictive value (NPV).

Results: MRONJ prevalence was lower in the validation …