Digital Commons Network^™

Criminal Law—Dreaming Of A Drug War Reckoning, Luke Ryan, Molly Ryan Strehorn

Western New England Law Review

Day after day, government officials across the United States make public statements celebrating various “victories” in our never-ending War on Drugs. These shallow statements overlook the true cost of this “war” and perpetuate the binary idea that there will eventually be a winner and a loser. If we continue down the path of war, nobody wins. The following article assesses the impact of this war by imagining a public official having a moment of contrition and acknowledging the errors of our ways.

Administrative Law—Defamation By The Nation: The Westfall Act And Scope Of Employment For Elected Officials, Sean Buxton

Western New England Law Review

Are members of Congress or the President immune from defamation suits? Officially, the law provides for no such immunity. However, a line of cases interpreting the Federal Tort Claims Act and the Westfall Act threaten to create such an immunity for all elected officials. In such a world, powerless people can be defamed by the most powerful officials in the country without any recourse in the court system to preserve their reputations.

Journalist E. Jean Carroll discovered the potential for such an immunity when she brought a defamation suit against President Donald Trump after he denied her allegations of rape …

Sports Law—Sports Gambling In A Post-Murphy World: Ensuring Emerging Sports Gambling Laws Adequately Protect The Integrity Of College Sports, Matthew Dziok

Western New England Law Review

In 2018, the United States Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA), which prohibited states from authorizing sports gambling schemes. The Court in Murphy v. NCAA struck down PASPA on constitutional grounds, holding that the Act violated the anticommandeering doctrine of the Tenth Amendment. Before the Murphy decision, because of a grandfather provision in PASPA, Nevada was essentially the only state where it was legal to place a bet on a sporting event. Not surprisingly, after PASPA was struck down, numerous states have legalized sports gambling.

Perhaps one of the most important decisions state lawmakers …

Constitutional Law—Loyalty, Money, And Business: The New Price For A Presidential Pardon, Zachary J. Broughton

Western New England Law Review

The President of the United States, pursuant to Article II of the Constitution, has the sole power to issue pardons that free individuals of the confines and limitations of federal prosecution and conviction. In his only term as President so far, Donald Trump issued approximately 143 pardons. Several of those pardons were directed to those who attempted to interfere with the 2016 presidential election by way of lying to investigators and members of Congress and by tampering with evidence and witnesses. Many other pardons issued by President Trump were given only to those who had close ties to the Republican …

Gerrymandering, Entrenchment, And “The Right To Alter Or Abolish”: Defining The Guarantee Clause As A Judicially Manageable Standard, James R. Brakebill

Western New England Law Review

The Guarantee Clause provides that “[t]he United States shall guarantee to every State in this Union a Republican Form of Government.” Based on its original public meaning, the guarantee of a republican government protects core political rights and contains readily ascertainable standards founded on majority rule and a prohibition of minority-party entrenchment. The Supreme Court failed to develop a standard for adjudicating partisan gerrymandering claims because the Equal Protection Clause and the “one person, one vote” framework are fundamentally incompatible with the harms associated with partisan gerrymandering. Such claims involve harms to majority rights that strike at the core of …

Beyond Compulsory Licensing: Pfizer Shares Its Covid-19 Medicines With The Patent Pool, Chenglin Liu

Faculty Articles

On March 15, 2022, the United States, European Union, India, and South Africa reached an agreement on the waiver of intellectual property rights (IP rights) for COVID-19 vaccines. The waiver agreement has rekindled the debate on the balance between IP rights protection and equitable access to medicines during a public health crisis. India, South Africa, and other developing countries maintain that a waiver was the only way to make vaccines affordable and accessible. Leading pharmaceutical companies argue that the waiver will stifle innovation and make lifesaving medicines less accessible. Both sides have seemingly overlooked Pfizer's voluntary agreement with the Medicines …

Price Response Of The High Fructose Corn Syrup Industry In The United States: A Bertrand Model Application, Pablo A. Garcia-Fuentes, P. Lynn Kennedy, Gustavo F.C. Ferreira

Faculty Publications

This paper uses a Bertrand duopoly model application and derives a high fructose corn syrup (HFCS) price reaction function that shows the response of the price of HFCS to changes in the price of sugar. It conducts cointegration analysis and assesses the performance of the HFCS price reaction model by estimating a Dynamic Ordinary Least-Squares model. It finds that the prices of HFCS-55, sugar, and corn are cointegrated over the period 1981:1 to 2017:12. The estimated long-run relationship shows that a one percent increase in the price of sugar increases the price of HFCS-55 by 0.19 percent. Additionally, the price …

Distracted Walking, Michael L. Smith

Faculty Articles

Throughout the United States and across the world, cities are enacting bans on "distracted walking." These bans target cell phone users who cross the street while using a telephone. Doing so in certain cities may result in a fine, community service, or even jail. Drawing inspiration from municipalities, lawmakers in several states have proposed similar statewide legislation. Pushback against these measures is rare-as many people have either directly, or indirectly, experienced the slow and oblivious behavior of "smartphone zombies."

This Article surveys these laws and demonstrates that the science is, at best, mixed on whether device usage results in distraction …

Respecting The Identity And Dignity Of All Indigenous Americans, Bill Piatt

Faculty Articles

The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other "paper genocide" mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were enslaved. The assistance provided to recognized tribes by the government is inadequate to compensate for the historical and continuing suffering these people endure. And yet the problem is compounded for those unrecognized Natives whose ancestors were enslaved and whose tribal identity was erased. They are subjected to a double-barreled discrimination. …

Intangible Justice? Intellectual Property Disputes And Canadian Small Claims Courts, Anthony D. Rosborough, Reagan Seidler

Articles, Book Chapters, & Popular Press

This article investigates the jurisdiction and institutional competence of Canadian small claims courts and tribunals with respect to complex claims, and in particular, intellectual property (IP) claims. Recent research points to an increase in these types of claims. A doctrinal analysis finds small claims bodies have wide jurisdiction over intellectual property infringement, contract, and licensing disputes. They can also rule on issues of validity, though they cannot affect registrations in the databases of the Canadian Intellectual Property Office. Remedies including damages, accountings, and the recovery of infringing goods are available in many provinces. As to their capacity, the article assesses …

Armageddon Revisited: The 1973 Gubernatorial Election In Virginia, James R. Sweeney

History Faculty Publications

Threatening a lawsuit, Howell prepared a memorandum to NBC citing evidence of voters changing their votes to Godwin, because as one put it, "A national network can't be wrong."⁷⁸ Howell's memorandum also mentioned an indirect tie of McGee to Godwin. Godwin constantly demanded that Howell disclose how he would replace the revenue under his tax plan.⁴³ Throughout the campaign, Godwin stressed inconsistencies between positions Howell took on various issues in 1973 and what he had said in the past. Godwin also cited Howell's endorsement of his candidacy for governor in 1965 and his comment in April that Godwin …

Deep Graph Convolutional Network For Us Birth Data Harmonization, Lishan Yu, Hamisu M Salihu, Deepa Dongarwar, Luyao Chen, Xiaoqian Jiang

Faculty, Staff and Student Publications

In this paper, we developed a feasible and efficient deep-learning-based framework to combine the United States (US) natality data for the last five decades, with changing variables and factors, into a consistent database. We constructed a graph based on the property and elements of databases, including variables, and conducted a graph convolutional network (GCN) to learn the embeddings of variables on the constructed graph, where the learned embeddings implied the similarity of variables. Specifically, we devised a loss function with a slack margin and a banlist mechanism (for a random walk) to learn the desired structure (two nodes sharing more …

Let’S Get R.E.A.L.: Developing A Shared Definition Of Structural Racism Is The First Step Towards Health Equity, Deann Butler

MUSC Theses and Dissertations

Recent events bought to the forefront the need to address structural racism in the US, specifically within the institution of healthcare. Organizations such as the American Public Health Association (APHA, 2021), American Medical Association (AMA) (O’Reilly, 2020), Center for Disease Control and Prevention (CDC) (Walensky, 2021) recognize racism as a fundamental driver of persistent health disparities in minority populations. Additionally, healthcare accreditation organizations such as National Council on Quality Assurance (NCQA, 2022) launched initiatives that strategically work to achieve health equity. More so, organizations across healthcare are creating roles such as Chief Health Equity Officer or Chief Diversity Officer to …

From Moral Panic To Permanent War: Rhetoric And The Road To Invading Iraq, Kai Philippe

Honors Papers

This thesis seeks to understand the conditions in the United States post-9/11 that enabled the Bush administration to pursue a wide-ranging and all-encompassing “War on Terror,” with substantial support from the general public. I am principally focused on two significant facets of the War on Terror: the invasion of Iraq and the establishment of a permanent security state (and the interrelated creation of a new state of exception). I ask why the George W. Bush administration was so successful in generating support for both the invasion and occupation of Iraq, and for policies that violated fundamental civil liberties; I argue …

Big Screen Empire : What Foreign Films Reveal About The Perceptions Of U.S. Military Bases In Affected Host Nations, John Richard Walker

Browse all Theses and Dissertations

Existing scholarly literature on U.S. military bases in foreign nations does not adequately take films depicting such installations into account. This master’s thesis is a corrective for this oversight. Recognizing the utility of foreign films featuring American military bases or troop presences, this thesis examines them in light of scholarly work on these installations. Of particular importance in this analysis are the periodization of U.S. basing favored by Robert Kaplan and the categorization of varieties of antibase protest favored by Kent Calder. Using these two writers as an analytical framework, as well as histories of U.S. basing and military occupations, …

Analysis Of The Influence Of Cryptocurrency Regulation On Levels Of Financial Literacy, Kieran C. Yuen

Dissertations and Theses

Using data collected by the National Financial Capability Study (NFCS), a survey by the Financial Industry Regulatory Authority (FINRA), this paper investigates the influence of passage of cryptocurrency regulation in U.S. states on levels of financial literacy. Results indicate that living in a state where cryptocurrency regulation was signed into law, a decrease was observed in the level of financial literacy. This finding supports the growing literature on factors that affect levels of financial literacy using a novel exogenous variable, cryptocurrency regulation.

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

Predictors Of E-Cigarette Initiation And Use Among Middle School Youth In A Low-Income Predominantly Hispanic Community, M Yvonne Gaddy, Denise Vasquez, Louis D Brown

Faculty, Staff and Student Publications

Introduction: E-cigarette use among middle and high school youth increased from 2. 5 million in 2014 to 9.2 million in 2019, becoming the most common tobacco product used among youth. Hispanic youth, the largest ethnic minority in the United States, have higher rates of tobacco use, including e-cigarettes, than non-Hispanics. Identifying factors that put youth at risk for future e-cigarette use is vital to focusing prevention efforts. Informed by social cognitive theory, this study identifies predictors of e-cigarette uptake among e-cigarette naïve youth in a predominantly low-income Hispanic community.

Methods: 1,249 students (6-8th grades) from two middle schools in El …

Association Between Hospital Private Equity Acquisition And Outcomes Of Acute Medical Conditions Among Medicare Beneficiaries, Marcelo Cerullo, Kelly Yang, Karen E. Joynt Maddox, Ryan C. Mcdevitt, James M. Roberts, Anaeze C. Offodile

Open Access Publications

Importance: As private equity (PE) acquisitions of short-term acute care hospitals (ACHs) continue, their impact on the care of medically vulnerable older adults remains largely unexplored.

Objective: To investigate the association between PE acquisition of ACHs and access to care, patient outcomes, and spending among Medicare beneficiaries hospitalized with acute medical conditions.

Design, Setting, and Participants: This cross-sectional study used a generalized difference-in-differences approach to compare 21 091 222 patients admitted to PE-acquired vs non-PE-acquired short-term ACHs between January 1, 2001, and December 31, 2018, at least 3 years before to 3 years after PE acquisition. The analysis was conducted …

An Introductory Point-Of-Care Ultrasound Curriculum For An Anesthesiology Residency Program, Susan C Lee, Edward C Yang, Jovany Cruz Navarro, Charles G Minard, Xiaofan Huang, Yi Deng

Faculty, Staff and Students Publications

INTRODUCTION: The use of point-of-care ultrasound (POCUS) is a growing trend in the field of anesthesiology. However, formal POCUS curriculums are still not widely implemented in residency programs. As the Accreditation Council for Graduate Medical Education and the American Board of Anesthesiology have both incorporated POCUS into their educational aims and expectations for graduates, we recognized the need for a formal POCUS curriculum for our residency program. We developed and implemented a comprehensive 3-week POCUS curriculum for our first-year anesthesiology residents (CA1s) in the latter half of their academic year.

METHODS: Twenty CA1s participated in this educational activity. The POCUS …

The First 20 Months Of The Covid-19 Pandemic: Mortality, Intubation And Icu Rates Among 104,590 Patients Hospitalized At 21 United States Health Systems, Michael C. Fiore, Li-Shiun Chen, Et Al.

2020-Current year OA Pubs

MAIN OBJECTIVE: There is limited information on how patient outcomes have changed during the COVID-19 pandemic. This study characterizes changes in mortality, intubation, and ICU admission rates during the first 20 months of the pandemic.

STUDY DESIGN AND METHODS: University of Wisconsin researchers collected and harmonized electronic health record data from 1.1 million COVID-19 patients across 21 United States health systems from February 2020 through September 2021. The analysis comprised data from 104,590 adult hospitalized COVID-19 patients. Inclusion criteria for the analysis were: (1) age 18 years or older; (2) COVID-19 ICD-10 diagnosis during hospitalization and/or a positive COVID-19 PCR …

Voting Behavior During Fda Medical Device Advisory Committee Panel Meetings, Amanda Maisel-Campbell, Daniel I Schlessinger, Arianna F. Yanes, Emir Veledar, Kelly A. Reynolds, Sarah A. Ibrahim, Bianca Y. Kang, Noor Anvery, Emily Poon, Murad Alam

2020-Current year OA Pubs

OBJECTIVES: During premarket review, the US Food and Drug Administration may ask its Medical Device Advisory Committee (MDAC) Panels to assess the safety and effectiveness of medical devices being considered for approval. The objective of this study is to assess the relationship, if any, between individual votes and Panel recommendations and: (1) the composition of Panels, specifically the expertise and demographic features of individual members; or (2) Panel members' propensity to speak during Panel deliberations.

METHODS: This was a retrospective cohort study of routinely collected data from voting members of MDAC panels convened between January 2011 to June 2016 to …

The Five Ds Of Outpatient Antibiotic Stewardship For Urinary Tract Infections, Melanie C Goebel, Barbara W Trautner, Larissa Grigoryan

Faculty, Staff and Students Publications

Urinary tract infections (UTI) are one of the most common indications for antibiotic prescriptions in the outpatient setting. Given rising rates of antibiotic resistance among uropathogens, antibiotic stewardship is critically needed to improve outpatient antibiotic use, including in outpatient clinics (primary care and specialty clinics) and emergency departments. Outpatient clinics are in general a neglected practice area in antibiotic stewardship programs, yet most antibiotic use in the United States is in the outpatient setting. This article provides a comprehensive review of antibiotic stewardship strategies for outpatient UTI in the adult population, with a focus on the "five Ds" of stewardship …

The Flag Can Travel But The Constitution Must Ask Permission: How The First Circuit And The District For Puerto Rico Commit To Equal Protection Without Abandoning The Insular Cases Doctrine, Alejandro J. Anselmi González

University of Miami Inter-American Law Review

For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the Constitution eliminated the institution of slavery and were supposed to guarantee equal civil and legal status to all citizens. The Constitution, however, has not been consistently interpreted in this way since the end of the Spanish-American War in 1898. The nation emerged from this conflict …

Stop Calling Kyle Rittenhouse A Hero. He Killed Two Unarmed People, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Telehealth During The Covid-19 Pandemic: A Cross-Sectional Survey Of Registered Dietitian Nutritionists, Mary Rozga, Deepa Handu, Kathryn Kelley, Elizabeth Yakes Jimenez, Hannah Martin, Marsha Schofield, Alison Steiber

Pediatrics Research and Scholarship

During the current coronavirus disease 2019 (COVID-19) pandemic, health care practices have shifted to minimize virus transmission, with unprecedented expansion of telehealth. This study describes self-reported changes in registered dietitian nutritionist (RDN) practice related to delivery of nutrition care via telehealth shortly after the onset of the COVID-19 pandemic in the United States. This cross-sectional, anonymous online survey was administered from mid-April to mid-May 2020 to RDNs in the United States providing face-to-face nutrition care prior to the COVID-19 pandemic. This survey included 54 questions about practitioner demographics and experience and current practices providing nutrition care via telehealth, including billing …

Reproducibility Of Hospital Rankings Based On Centers For Medicare & Medicaid Services Hospital Compare Measures As A Function Of Measure Reliability, Laurent G. Glance, David R. Nerenz, Karen E. Joynt Maddox, Bruce L. Hall, Andrew W. Dick

Center for Health Policy and Health Services Research Articles

Importance: Unreliable performance measures can mask poor-quality care and distort financial incentives in value-based purchasing.

Objective: To examine the association between test-retest reliability and the reproducibility of hospital rankings.

Design, Setting, and Participants: In a cross-sectional design, Centers for Medicare & Medicaid Services Hospital Compare data were analyzed for the 2017 (based on 2014-2017 data) and 2018 (based on 2015-2018 data) reporting periods. The study was conducted from December 13, 2020, to September 30, 2021. This analysis was based on 28 measures, including mortality (acute myocardial infarction, congestive heart failure, pneumonia, and coronary artery bypass grafting), readmissions (acute myocardial infarction, …

Lessons Learned: Richard "Jake" Siewert, Mercedes Cardona

Documents

Cardona, Mercedes (2021) "Lessons Learned: Richard “Jake"Siewert," The Journal of Financial Crises: Vol. 3 : Iss. 4, 45-48. Available at: https://elischolar.library.yale.edu/journal-of-financial-crises/vol3/iss4/8

Insulin And Glucose Metabolism With Olanzapine And A Combination Of Olanzapine And Samidorphan: Exploratory Phase 1 Results In Healthy Volunteers, Frederico G S Toledo, William F Martin, Linda Morrow, Carine Beysen, Daiva Bajorunas, Ying Jiang, Bernard L Silverman, David Mcdonnell, Mark N Namchuk, John W Newcomer, Christine Graham

Open Access Publications

A combination of olanzapine and samidorphan (OLZ/SAM) received US Food and Drug Administration approval in May 2021 for the treatment of adults with schizophrenia or bipolar I disorder. OLZ/SAM provides the efficacy of olanzapine, while mitigating olanzapine-associated weight gain. This exploratory study characterized the metabolic profile of OLZ/SAM in healthy volunteers to gain mechanistic insights. Volunteers received once-daily oral 10 mg/10 mg OLZ/SAM, 10 mg olanzapine, or placebo for 21 days. Assessments included insulin sensitivity during an oral glucose tolerance test (OGTT), hyperinsulinemic-euglycemic clamp, other measures of glucose/lipid metabolism, and adverse event (AE) monitoring. Treatment effects were estimated with analysis …

Prevalence And Predictors Of Cost-Related Medication Nonadherence In Individuals With Cardiovascular Disease: Results From The Behavioral Risk Factor Surveillance System (Brfss) Survey, Riyad Kherallah, Mahmoud Al Rifai, Ishan Kamat, Chayakrit Krittanawong, Dhruv Mahtta, Michelle T Lee, Jing Liu, Khurram Nasir, Javier Valero-Elizondo, Jaideep Patel, Mouaz H Al-Mallah, Laura A Petersen, Salim S Virani

Faculty, Staff and Students Publications

Medication nonadherence is highly prevalent among patients with chronic cardiovascular disease. Poor adherence has been associated with increased morbidity and mortality. Medication cost is a major driver for medication nonadherence. Utilizing data from the 2016 to 2018 Behavioral Risk Factor Surveillance System (BRFSS) survey, we estimated the prevalence of cost-related medication nonadherence (CRMNA) among the overall population and among individuals who reported a history of diabetes, atherosclerotic cardiovascular disease (ASCVD), or hypertension. We then performed multivariable logistic regression to analyze sociodemographic factors associated with CRMNA. Our study population consisted of 142,577 individuals of whom 24% were older than 65 years, …