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.

Constitutional Law—Penalizing The “Unsightly”: An Argument For The Abolishment Of Laws Criminalizing Life-Sustaining Behaviors Among The Homeless, Carli Ross

Western New England Law Review

Thousands of people across the country suffer from homelessness. Instead of funding more shelters or dealing with the lack of subsidized housing, cities have chosen to rely on the criminal justice system to regulate homeless behavior. Homeless individuals are being punished with fines and potential jail time for sleeping, sitting, gathering, and camping in public. Not only does this practice contribute to the homelessness crisis in the United States, but it also creates an additional obstacle for homeless individuals. Additionally, relying on the criminal justice system is more costly than helping homeless individuals find a permanent shelter. The Ninth Circuit …

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 …

Property Law—The Importance Of Intellectual Property Education In A Knowledge Economy, John J. Diffley, Diane R. Sabato, Richard H. Kosakowski

Western New England Law Review

Entrepreneurs, inventors, and innovators can be faced with an overwhelming amount of information and guidance when they plan their business startup. One area that is often neglected is the business’s intellectual property. In fact, it is critical to attend to the protection of IP early in the startup process. Entrepreneurs and others need to know what to protect, as well as when and how to protect it.

In the United States, IP accounts for thirty-eight percent of Gross Domestic Product, while IP and other intangible assets make up ninety percent of the market value of all S&P 500 companies. Increasingly, …

The Role Of The Article Iii Judge, Thomas B. Griffith

BYU Studies

The Constitution says precious little about the role envisioned for federal judges in the new government that document created: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

An Evidence-Based Definition Of Anemia For Singleton, Uncomplicated Pregnancies, Amanda C. Zofkie, W. Holt Garner, Rachel C. Schell, Alexandra S. Ragsdale, Donald D. Mcintire, Scott W. Roberts, Catherine Y. Spong

Open Access Publications

BACKGROUND: The definition for anemia in pregnancy is outdated, derived from Scandinavian studies in the 1970's to 1980's. To identity women at risk of blood transfusion, a common cause of Severe Maternal Morbidity, a standard definition of anemia in pregnancy in a modern, healthy United States cohort is needed.

OBJECTIVE: To define anemia in pregnancy in a United States population including a large county vs. private hospital population using uncomplicated patients.

MATERIALS AND METHODS: Inclusion criteria were healthy women with the first prenatal visit before 20 weeks. Exclusion criteria included preterm birth, preeclampsia, hypertension, diabetes, short interval pregnancy (<18 months), multiple gestation, abruption, and fetal demise. All women had iron fortification (Ferrous sulfate 325 mg daily) recommended. The presentation to care and pre-delivery hematocrits were obtained, and the percentiles determined. A total of 2000 patients were included, 1000 from the public county hospital and 1000 from the private hospital. Each cohort had 250 patients in each 2011, 2013, 2015, and 2018. The cohorts were compared for differences in the fifth percentile for each antepartum epoch. Student's t-test and chi-squared statistical tests were used for analysis, p-value of ≤0.05 was considered significant.

RESULTS: …

A Population-Based Assessment Of Severe Maternal Morbidity Among Non-Hispanic Black Women In The United States, Lisa R. Allen

All ETDs from UAB

Non-Hispanic Black women (Black women) are disproportionately affected by adverse maternal health outcomes as compared to women of other races. Little is known about the distribution of adverse maternal health outcomes among Black women. Using the 2014 National Inpatient Sample (NIS), Healthcare Cost and Utilization Project (HCUP), Agency for Healthcare Research and Quality (AHRQ), a nationally representative sample of hospital discharges in the United States (U.S.) from January 1 through December 31, 2014, we examined severe maternal morbidity (SMM) experienced during delivery hospitalization among Black women. We conducted population-based, cross-sectional studies to examine the distribution of SMM prevalence; assess within-race …

Imago Dei Interrupted : Christocentric Measures To Reintegrate American Women Into New Communities After Having Survived Commercial Sexual Exploitation, Timothy Peter Robbins

ATS Dissertations

No abstract provided.

Preventing Maternal Deaths: A Critical Feminist Approach To Maternal Mortality In The United States, Jemalyn Harvey

Saint Louis University Journal of Health Law & Policy

With roughly 700 women dying each year as a result of pregnancy and/or delivery complications, the United States has the highest rate of maternal deaths in the developed world. As each year passes, the maternal death rate continues to increase, despite the fact that sixty percent of these deaths are preventable. Factors such as quality care, receiving accurate and timely medical diagnoses, and recognizing urgent maternal warning signs all contribute to the preventability of deaths and why women, particularly women of color, so often fall victim to this tragic phenomenon. As an effort to address maternal death in the United …

A Wolf In Sheep’S Clothing: Christian Nationalist Belief And Behavior In The United States, Tommy Nanto

Sigma: Journal of Political and International Studies

Christian nationalism is a buzzword in American politics, but insufficiently researched in the intersection of politics, religion, and psychology. In a country where individual Christian practice is declining, why is this strand of nationalism seemingly on the rise? Through an original study, I establish an empirical link between Christian nationalism and racial resentment, finding that racial resentment is the single greatest predictor of Christian nationalist beliefs. I frame Christian nationalist beliefs separately from behavior. I find initial empirical evidence that racial resentment and Republican partisanship predict both belief and behavior, but religiosity does not predict Christian nationalist behavior.

Columbus State University Honors College: Senior Theses, Fall 2022/Spring 2023/Summer 2023, Les Anderson, Olympia Badwin, Ian Becerra, Lucy Clarke, Maya Davis, Kaylee Day, Dradley Defore, Rajvi Desai, Hannah Dickerson, Molly Foster, Andrew Holmes, Haley Johnson, Sana Khan, Nicole Kincaid, Kayleen Linge, Keenan Pasqua, Marc Pierre, Richard Rogers, Timothy Sabau, Kaitlyn Shepherd, Havahna Wilkes, Destinee Williams

Senior Theses from the Honors College

This is a collection of senior theses written by honors students at Columbus State University during the Fall 2022, Spring 2023, and Summer 2023 semesters.

Titles:

- "Mise En Scene: Healing Through a Cinematic Lense" , by Les Anderson

- "SCS22: Determining Molecular Function and Its Role in Heat Shock Protection in Saccharomyces Cerevisiae" , by Olympia Badwin

- "The Design and Activity of Novel Antimicrobial Hairpin Peptides" , Ian Becerra

- " Food Justice and Public Health: A Systematic Literature Review of Food Insecurity Prevalence among Black and Indigenous Populations Before and During COVID-19", by Maya Davis

- "The …

Transcranial Magnetic Stimulation To Assess Motor Neurophysiology After Acute Stroke In The United States: Feasibility, Lessons Learned, And Values For Future Research, Yi-Ling Kuo, David J. Lin, Isha Vora, Julie A. Dicarlo, Dylan J. Edwards, Teresa J. Kimberley

Research outputs 2022 to 2026

Transcranial magnetic stimulation (TMS) has been widely applied in both basic and clinical neuroscience since its introduction in 1985 . . .

'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 …

The Band Of American Ladies : Children’S Librarians And The Creation Of Children’S Literature In The Long 19th Century, Suzanne Stauffer

Faculty Publications

No abstract provided.

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 …

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 …

Droughtscape, Winter 2022, National Drought Mitigation Center

DroughtScape: Quarterly Newsletter of the National Drought Mitigation Center (2007–2023)

DroughtScape, Winter 2022

Learning From History: Real And Perceived Threats To National Security, David Dupont

CGU Theses & Dissertations

Significant changes in American domestic security policies were generally associated with periods of military conflicts. Laws that would pave the way for legalizing the surveillance and internment of civilian populations have their origin in the Quasi-War. Likewise, the practice of state property seizure under the Office of Alien Property Custodian and limited internment programs were first established during WWI. Mass civilian internment came into existence leading up to WWII. This trajectory continued in modern times with the extensive system of domestic surveillance post-9/11. In this paper, I argue for gaining a historical comprehension of these issues by exploring their origins …

A Critical Analysis Of American Foreign Policy In The Syrian Civil War, Sydney Heath

CMC Senior Theses

This thesis explores the development of American policy in the Syrian Civil War, which began in 2011 and has caused the world’s largest refugee crisis, among other humanitarian issues. Through analyzing popular debates about U.S. foreign policy in Syria, this project attempts to determine how the United States should have responded to President Bashar al-Assad’s aggression towards his people in order to most effectively alleviate suffering. The analysis finds that the United States under President Obama missed a crucial opportunity to weaken Assad and prevent the suffering of millions of Syrians. This paper also explores the present day implications of …

The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson

CMC Senior Theses

Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …

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 …

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 …

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. …

Aging With Long-Term Physical Disability: Cohort Analysis Of Survey Sample In The U.S., Kerri A Morgan, Michelle Putnam, Sandra M Espin-Tello, Marian Keglovits, Margaret Campbell, Yan Yan, Aimee Wehmeier, Susan Stark

2020-Current year OA Pubs

BACKGROUND: Chronic health conditions, secondary conditions, and decreasing functional ability related to aging and/or changes in underlying impairment may influence participation for persons aging with long-term physical disability (AwD).

OBJECTIVE: To examine sample integrity and baseline findings through exploration of associations of sociodemographic, health, and disability factors with social participation for persons AwD.

METHODS: This is a longitudinal cohort study following persons AwD over three years, reporting baseline cohort study data. A convenience sample of 474 persons AwD aged 45-65 reporting physical disability of ≥5 years' duration was recruited through community organizations and social media. The cohort was majority female …

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 …

Voces De Mujeres: Migration, Family, & Identity Through The Voices Of Mexican Women, Erika Rendon-Ramos

Mexican American Studies Faculty Publications

Women have been an imperative part of migration history for centuries. However, it was not until recently that scholars began studying them individually. Before then, women were either not considered at all or were only considered as association migrants alongside their male companions. This diminishes their experience and their agency at each step of the migration journey. It leaves their stories untold while also establishing a swayed narrative that primarily encompasses males. Oral history is an integral part of “Voces de mujeres” because it allows the reader to hear directly from women. Through oral history I explore the reasons that …

Indigenous Language Revitalization: Success, Sustainability, And The Future Of Human Culture, Grace Lewis

Capstone Showcase

This thesis looks at different styles of Indigenous language revitalization programs and seeks to delineate the three most successful characteristics seen across differing designs in an effort to promote the presence of these characteristics in existing programs. The literature analyzed outlines three main schools of thought: first, that language-based education is the most effective program design, second, that language-based education is only effective if it is directed and driven by the community it serves, and third, that culture-based education is the most effective design. The data rejects the idea that one design is superior to another, and instead presents three …