Digital Commons Network^™

Moral Panic And The First Amendment, Michael L. Smith

Faculty Articles

Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics contend that speech itself causes harm and chills counter-speech effectively excluding marginalized groups, including women and LGBTQ people, from discourse altogether. These critics support limitations on robust free speech doctrine targeting speech that harms marginalized communities.

This Article identifies a significant wrinkle in this narrative: …

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Faculty Articles

There are myriad ways that discrimination and bias can combine to profoundly limit inventor participation in the patent process. The utilitarian purpose of patents is to incentivize inventors to invent and disclose, so it makes sense to incentivize as large and as diverse a group as possible in order to maximize the likely output of innovative activity. This incentive is important in terms of our geopolitical aspirations as a country, but hopefully also because of our democratic commitment to provide opportunities for flourishing and reaching one's potential that are available to all.

Tiny Houses (Revisited): Geography Of Tiny House Villages For The Homeless In The United States, Yetimoni Kpeebi

Graduate Theses/Dissertations

The increasing adoption of tiny house villages as a solution to homelessness in the United States (US) underscores the need for comprehensive tracking and documentation of their locations, physical attributes, and social characteristics. This is vital to assess their effectiveness, providing advocates and policymakers with the information needed to optimize outcomes, and ensure these initiatives truly benefit the homeless population. While initial efforts were made in 2019 to establish a database for these villages (Evans, 2020), this study represents an improvement by presenting an updated database that reflects the growing popularity of tiny house villages for the homeless. Building upon …

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the "warrant of commitment." Judges issued these warrants to jail defendants pending trial.

This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant-a process that currently falls far short of fulfilling its constitutional and historical function.

History supports …

The Delinquent Guidelines: Calling On The U.S. Sentencing Commission To Stop Counting Defendants' Prior Offenses Committed Before Age 18, Ian Marcus Amelkin, Nicholas Pugliese

Hofstra Law Faculty Scholarship

The United States Sentencing Guidelines' recidivism provisions recommend harsher punishment for defendants with a prior criminal record The Guidelines authorize an accounting not only of a federal defendant’s criminal record as an adult, but also as a child. Prior offenses committed before age 18 enhance sentences for thousands of people each year, but the practice has not been widely explored in the academic literature. A federal defendant’s juvenile record can lead to a higher Guidelines range through a variety of mechanisms. It can increase a defendants criminal history category, increase the crime's total offense level, qualify the individual for "career …

Implementing A Holistic Review Toolkit For Faculty Recruitment And Retention, Toi Blakley Harris, Michelle Shader, Patrick O. Smith, Amelia Challender, Cleveland Piggott, Norma I. Poll, Ryan Henyard, Jeffrey M. Lyness, Erika D. Malmberg, Eva K. Pressman, Alicia D. Monroe, Negar N. Jacobs

University Administration Publications

Introduction: A diverse workforce improves health care, educational outcomes, and research agendas. Currently, faculty from historically excluded groups remain underrepresented in academic medicine. Resources are needed in academic medical centers for those charged with recruiting and retaining a diverse and talented workforce. Methods: Informed by the successful use of holistic review in medical student admissions, the Association of American Medical Colleges (AAMC) developed and piloted a toolkit for use in faculty recruitment and retention at five academic medical centers. Institutions led toolkit-guided holistic review workshops ranging from 2.5 to 3 hours in duration for leaders and faculty to identify and …

The Whispered Crimes Of Sexual Violence In The European And Pacific Theater Of World War Ii, Channing N. Morrison

History Theses

This thesis addresses sexual violence in World War II in both the European and Pacific Theater. Often, the violence of these War Crimes tends to be overshadowed and not talked about. This thesis examines the stories of women, children, and men who suffered from sexual brutality in World War II and how nations try to hide or justify acts of rape and violence. By using as case studies the nations of Japan, Germany, the United States of America, and the Soviet Union, and how they either committed sexual acts of violence or handled rape cases when it came to the …

Tarp Capital Purchase Program Summary Of Senior Securities Terms: Mutual Banks And Savings Associations, United States: Department Of The Treasury

Documents

No abstract provided.

Chapter 11 - Bankruptcy Basics, United States Courts

Documents

No abstract provided.

Strong Bonds : A Three-Day Retreat For Military Couples, Donald T. Bridges

ATS Dissertations

No abstract provided.

Contextualizing The Triggering Event: Colonial White Supremacy, Anti-Blackness, And Black Lives Matter In Italy And The United States, Renee Nicole Allen

Faculty Publications

In the summer of 2020, spurred by George Floyd’s murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd’s death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand justice. In Italy, a resounding demand that “Black Lives Matter” filled the streets during solidarity protests that occurred in Milan, Naples, and Rome. Less than six months later, in September 2020, the fatal civilian beating of Willy Monteiro Duarte, a Black Italian, revealed the necessity …

Policy Implications And Recommendations Concerning The United States’ Non-Ratification Of International Human Rights Treaties, Kenzie R. Winton

Pepperdine Policy Review

This paper delves into the historical background, policy implications, and recommendations concerning the United States' non-ratification of crucial international human rights treaties. The UN treaties analyzed include the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the UN Convention on the Rights of the Child (UNCRC). Despite being a global hegemon, the United States' refusal to ratify these treaties raises questions about its commitment to human rights and international cooperation. Through examining historical and current rationales, alongside the potential impacts of ratification, this paper argues …

Prevalence And Disparities In Receiving Medical Advice To Quit Tobacco Use In The Us Adult Population, Monalisa Chandra, Rajesh Talluri, Joel Fokom Domgue, Sanjay Shete

Faculty, Staff and Student Publications

Introduction: Evidence suggests that advice from health care professionals (HCP) increases the likelihood of quit attempts and successful quitting of tobacco use. However, previous studies primarily focussed on cigarette smoking and did not include all forms of tobacco products. This study aimed to investigate the prevalence and disparities in receiving HCP's advice to quit tobacco use (combustible or noncombustible) in the US adult population.

Methods: Using the 2022 National Health Information Survey (NHIS) data, we examined 4,424 adults who reported (i) any tobacco product use within the past 12 months and (ii) having seen an HCP within the past 12 …

Evolution Of Whole Blood Trauma Resuscitation In Childbearing Age Females: Practice Patterns And Trends, Alexandra Mp Brito, Mark H Yazer, Jason L Sperry, James F Luther, Stephen R Wisniewski, Frances Guyette, Ernest E Moore, Bryan A Cotton, Laura Vincent, Erin Fox, Jeremy W Cannon, Nicholas Namias, Joseph P Minei, Lee Anne Ammons, Skye Clayton, Martin Schreiber

Faculty, Staff and Student Publications

Background: The use of low titer group O whole blood (LTOWB) for resuscitation of patients with traumatic hemorrhage is becoming increasingly common. Practices regarding the administration of RhD-positive LTOWB to childbearing age females (CBAFs) vary between institutions due to concerns about RhD alloimmunization. This study examined practices related to LTOWB transfusion as they pertain to age and sex.

Methods: This was a secondary analysis of the Shock, Whole blood, and Assessment of TBI (traumatic brain injury) trial, a prospective, multicenter observational cohort study where outcomes following LTOWB transfusion were analyzed at seven level 1 trauma centers between 2018 and 2021, …

Factors Associated With Hepatitis C-Related Hospitalizations And Inpatient Mortality In The United States, Pre- And Post-Onset Of The Covid-19 Pandemic, Christina R. Samuel

College of Graduate Studies: Theses & Dissertations

Background: Hepatitis C is a significant public health problem in the United States and imposes a substantial burden on the healthcare system. Previous research shows that the COVID-19 pandemic response efforts have overshadowed hepatitis C testing and treatment measures in health care settings across the country. The purpose of this study was to describe and examine the factors associated with hepatitis C-related hospitalizations and inpatient mortality in the United States, pre- and post-onset of the COVID-19 pandemic. Methods: Data were obtained from the 2019-2020 National Inpatient Sample database. The study population included persons aged ≥18 years with hepatitis C-related inpatient …

The Quest For Racial Equality After The Revolution: How Black Intellectuals Envision The Struggle For Equality After Jim Crow And Apartheid, Shelby Morgan

Honors Undergraduate Theses

This paper examines the ideas presented by Black public intellectuals from South Africa and the United States regarding their solutions on how to achieve real racial equality after the achievement of equality under the law. It will provide a historical comparative analysis of the two countries by examining the works of George Fredrickson, as well as some contextual background on the existence of racial disparities in the modern day. It will then present various publications by American intellectuals Ibram X. Kendi, Ta-Nehisi Coates, and Cornel West, and South African authors Sizwe Mpofu-Walsh, Songezo Zibi, and Tembeka Ngcukaitobi that discuss their …

Bend Down Select: Analysis Of Secondhand Clothing Waste In Africa Under The Current Anti-Dumping Regime, Bisi Ogunmefun

Natural Resources Journal

The second-hand clothing market is a multi-billion-dollar industry that has helped many developing countries stimulate their economy. Over the years, however, the quality of secondhand clothing has declined as the fast-fashion market rises. Countries such as India and the Philippines have banned secondhand clothing imports to protect their textile industries from demise. African countries like Kenya, Rwanda, and Uganda also attempted to ban secondhand clothing imports but were sanctioned with a threat of removal from the African Growth Opportunity Act. This article explores how Anti-Dumping Laws fail to fulfill their ordinary meaning in the secondhand fashion market in African countries …

Is The Women's Treaty A Paper Tiger? Indian Courts' Application Of The United Nations Treaty, Amanda L. Stephens

Faculty Articles

This Article examines whether the United Nations ("U.N.") Treaty, the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW'), is a "paper tiger"-a law that seems powerful but is in fact weak and ineffectual. While some scholars question the Treaty's effectiveness based on statistical studies, others point to legal reforms in state parties as evidence of its success. Neither provides a nuanced middle ground by examining the CEDAW at a micro rather than a macro level. This Article fills this gap by conducting a qualitative analysis of 10 Indian judicial opinions. Specifically, the Article explores how the …

A Transformer-Based Deep Learning Approach For Fairly Predicting Post-Liver Transplant Risk Factors, Can Li, Xiaoqian Jiang, Kai Zhang

Faculty, Staff and Student Publications

Liver transplantation is a life-saving procedure for patients with end-stage liver disease. There are two main challenges in liver transplant: finding the best matching patient for a donor and ensuring transplant equity among different subpopulations. The current MELD scoring system evaluates a patient's mortality risk if not receiving an organ within 90 days. However, the donor-patient matching should also consider post-transplant risk factors, such as cardiovascular disease, chronic rejection, etc., which are all common complications after transplant. Accurate prediction of these risk scores remains a significant challenge. In this study, we used predictive models to solve the above challenges. Specifically, …

Lessons Learned From The Moment Study On How To Recruit And Retain A Target Population Online, Across Borders, And With Automated Remote Data Collection, Andrew Belfiglio, Shayleigh Dickson Page, Sara Pettersson, Michelle Van Rijn, Ercole Vellone, Heleen Westland, Kenneth E. Freedland, Christopher Lee, Anna Strömberg, Douglas Wiebe, Subhash Aryal, Barbara Riegel, Tiny Jaarsma

2020-Current year OA Pubs

Increasingly, studies use social media to recruit, enroll, and collect data from participants. This introduces a threat to data integrity: efforts to produce fraudulent data to receive participant compensation, e.g., gift cards. MOMENT is an online symptom-monitoring and self-care study that implemented safeguards to protect data integrity. Facebook, Twitter, and patient organizations were used to recruit participants with chronic health conditions in four countries (USA, Italy, The Netherlands, Sweden). Links to the REDCap baseline survey were posted to social media accounts. The initial study launch, where participants completed the baseline survey and were automatically re-directed to the LifeData ecological momentary …

Centering Intersectional Breast Cancer Screening Experiences Among Black, Latina, And White Women: A Qualitative Analysis, Sienna Ruiz, Kamilah Abdur-Rashid, Rachel L Mintz, Maggie Britton, Ana A Baumann, Graham A Colditz, Ashley J Housten

2020-Current year OA Pubs

OBJECTIVE: Mammography screening guidelines in the United States highlight the importance of informing and involving women when making their breast cancer screening decisions. However, the complexity of interpreting and applying these population-level guidelines can contribute to patient burden. Patient-centered communication strategies can alleviate patient burden, but few consider perspectives from racially and ethnically marginalized populations. We examine diverse women's perspectives on screening to characterize patient-centered experiences.

METHODS: We conducted 28 focus groups with 134 non-Latina Black (

RESULTS: We identified three themes: (1) personal relationships with primary care providers, (2) potential impacts of cancer on families, and (3) interactions with …

Preteen Suicide Risk Screening In The Pediatric Outpatient Setting: A Clinical Pathway, Laura Hennefield, Ellen-Ge Denton, Peggy G Chen, Arielle H Sheftall, Lynsay Ayer

2020-Current year OA Pubs

We are in a youth mental health crisis with unprecedented and staggeringly high rates of suicidal ideations and suicide behaviors in preteens. In the United States, 14.5% of children aged 9-10 have experienced suicidal thoughts and behaviors, including 1.3% with a suicide attempt. American Academy of Pediatrics guidelines call for universal suicide risk screening of youth aged 12 years and older during preventative health care visits and screening in preteens aged 8-11 years when clinically indicated. However, what constitutes a clinical indication at 8-11 years can be difficult to systematically detect, and pediatric practitioners may not be equipped with necessary …

Public Perspectives On Investigative Genetic Genealogy: Findings From A National Focus Group Study, Jacklyn Dahlquist, Jill O Robinson, Amira Daoud, Whitney Bash-Brooks, Amy L Mcguire, Christi J Guerrini, Stephanie M Fullerton

Center for Medical Ethics and Health Policy Staff Publications

Background: Investigative genetic genealogy (IGG) is a technique that involves uploading genotypes developed from perpetrator DNA left at a crime scene, or DNA from unidentified remains, to public genetic genealogy databases to identify genetic relatives and, through the creation of a family tree, the individual who was the source of the DNA. As policymakers demonstrate interest in regulating IGG, it is important to understand public perspectives on IGG to determine whether proposed policies are aligned with public attitudes.

Methods: We conducted eight focus groups with members of the public (N = 72), sampled from four geographically diverse US regions, …

It Is Time To Screen For Homozygous Familial Hypercholesterolemia In The United States, Samuel S Gidding, Christie M Ballantyne, Marina Cuchel, Sarah De Ferranti, Lisa Hudgins, Allison Jamison, Mary P Mcgowan, Amy L Peterson, Robert D Steiner, Melissa K Uveges, Yunshu Wang

Faculty, Staff and Students Publications

Homozygous familial hypercholesterolemia (HoFH) is an ultra-rare inherited condition that affects approximately one in 300,000 people. The disorder is characterized by extremely high, life-threatening levels of low-density lipoprotein (LDL) cholesterol from birth, leading to significant premature cardiovascular morbidity and mortality, if left untreated.

Homozygous familial hypercholesterolemia is severely underdiagnosed and undertreated in the United States (US), despite guidelines recommendations for universal pediatric lipid screening in children aged 9–11. Early diagnosis and adequate treatment are critical in averting premature cardiovascular disease in individuals affected by HoFH. Yet, an unacceptably high number of people living with HoFH remain undiagnosed, misdiagnosed, and/or receive …

Anemia, Iron Deficiency, And Cause-Specific Mortality: The Atherosclerosis Risk In Communities Study, Ethan J Cannon, Jeffrey R Misialek, Leo F Buckley, Iman A F Aboelsaad, Christie M Ballantyne, John Leister, James S Pankow, Pamela L Lutsey

Faculty, Staff and Students Publications

Introduction: Anemia is a risk factor for all-cause mortality in older adults. Iron deficiency may also be associated with adverse outcomes, independent of its role in causing anemia. This study tested the hypotheses that anemia, and low ferritin among non-anemic participants, were associated with all-cause and cause-specific mortality in a community-based cohort of older adults.

Methods: Fasting blood was obtained from 5,070 ARIC participants (median age: 75 years) in 2011-2013. Anemia was defined by hemoglobin concentrations < 12 g/dL in women and < 13 g/dL in men. We classified 4,020 non-anemic participants by quartiles of plasma ferritin, measured by the SomaScan proteomics platform. Cox proportional hazards regression was used. Mortality was ascertained via phone calls with proxies as part of twice-yearly cohort follow-up, surveillance of local hospital discharge indexes, state death records, and linkage to the National Death Index.

Results: Of the total participants, 21% had anemia at baseline. Over a median of 7.5 years, there were 1,147 deaths, including 357 due to …

A Comparative Study Of Venezuelan Immigrants’ Pre- And Post-Migration Concerns For Their Children In The United States And Colombia, Sumeyra Sahbaz, Maria Fernanda Garcia, Christopher P Salas-Wright, Mildred M Maldonado-Molina, Melissa M Bates, Augusto Pérez-Gómez, Juliana Mejía Trujillo, Eric C Brown, Seth J Schwartz

Faculty, Staff and Student Publications

Research suggests that forced migration may lead to cultural stress and psychological distress. However, little is known about immigrant parents' pre- and post-migration concerns for their children's welfare. The present study examined the concerns of Venezuelan parents who migrated to the United States versus those who migrated to Colombia, and whether post-migration concerns were related to cultural stressors, mental health, and cultural identity. A sample of 609 Venezuelan immigrants completed surveys and responded to an open-ended prompt asking about pre- and post-migration concerns for children's welfare. Lack of safety was the most common pre-migration concern for Venezuelans in the U.S., …

Exploring The Relationship Between Vaccine Hesitancy And Mothers’ Perspectives On Covid-19 Vaccines For Children Ages 5–11 Years During The Omicron Predominant Period 2021–2022: A Qualitative Study, Paula Cuccaro

Faculty, Staff and Student Publications

Background: The United States Food and Drug Administration authorized COVID-19 vaccines for children ages 5-11 years in October 2021 during the Omicron predominant period. Parental vaccine hesitancy was prevalent during this time, resulting in low childhood COVID-19 vaccine uptake. Most studies exploring factors influencing parental vaccine hesitancy have focused on racial and ethnic minorities and lower socioeconomic populations; however, there is little knowledge of the drive drivers of vaccine hesitancy among White parents with higher education and socioeconomic statuses.

Methods: We conducted semi-structured interviews with a sample of 15 White mothers of children ages 5-11 years in Atlanta, GA, between …

Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson

University of Miami Inter-American Law Review

Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …

The Intersection Of Foreign Influence And Democratization: A Case Study Of Eurasian Powers Influence On Belarus’ Democratic Movement Since 2020, Dalton Xavier Maggs

Undergraduate Honors Theses

In 2020, the world took notice of Belarus’ dictator, Alexander Lukashenko’s brutal repression of the Belarusian people, demonstrating their wish to topple his hybrid authoritarian regime to make way for a liberated and democratic Belarus. While that wish has yet to be achieved, the question of “How do the regional powers of Eurasia influence the internal democratization struggle of Belarus?” has been vital to understanding geopolitics over the past three years. Through analysis of government reports, statements, and interviews with experts in the Eurasian region, I showcase the foreign policies of the U.S., EU, Russia, and China relating to Belarus. …

Systemic Resolution Advisory Committee Meeting Transcript, Federal Deposit Insurance Corporation (Fdic): Systemic Resolution Advisory Committee

Documents

No abstract provided.