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, …

'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 …

Associations Between Vascular Diseases And Alzheimer's Disease Or Related Dementias In A Large Cohort Of Men And Women With Colorectal Cancer, Xianglin L Du, Lulu Song, Paul E Schulz, Hua Xu, Wenyaw Chan

Faculty, Staff and Student Publications

BACKGROUND: Long term risk of Alzheimer's disease (AD) and related dementias (ADRD) associated with vascular diseases in people with colorectal cancer is unknown.

OBJECTIVE: to determine the risk of ADRD in association with cardiovascular diseases (CVD), stroke, hypertension, and diabetes in a cohort of patients with colorectal cancer.

METHODS: This retrospective cohort study consisted of 210,809 patients diagnosed with colorectal cancer at age≥65 years in 1991-2015 from the Surveillance, Epidemiology, and End Results (SEER)-Medicare linked database with follow-up from 1991-2016, who were free of any ADRD at the baseline (< 30 days after the date of cancer diagnosis).

RESULTS: The crude 26-year cumulative incidence of total ADRD in …

Characterizing Cancer And Covid-19 Outcomes Using Electronic Health Records, Youngran Kim, Liang Zhu, Huili Zhu, Xiaojin Li, Yan Huang, Chunhui Gu, Heather Bush, Caroline Chung, Guo-Qiang Zhang

Faculty, Staff and Student Publications

PURPOSE: Patients with cancer often have compromised immune system which can lead to worse COVID-19 outcomes. The purpose of this study is to assess the association between COVID-19 outcomes and existing cancer-specific characteristics.

PATIENTS AND METHODS: Patients aged 18 or older with laboratory-confirmed COVID-19 between June 1, 2020, and December 31, 2020, were identified (n = 314 004) from the Optum® de-identified COVID-19 Electronic Health Record (EHR) derived from more than 700 hospitals and 7000 clinics in the United States. To allow sufficient observational time, patients with less than one year of medical history in the EHR dataset before their …

Risk Of Developing Alzheimer's Disease And Related Dementias In Association With Cardiovascular Disease, Stroke, Hypertension, And Diabetes In A Large Cohort Of Women With Breast Cancer And With Up To 26 Years Of Follow-Up, Xianglin L Du, Lulu Song, Paul E Schulz, Hua Xu, Wenyaw Chan

Faculty, Staff and Student Publications

BACKGROUND: No study on the long-term incidence of Alzheimer's disease (AD) and related dementias (ADRD) has been reported in women with breast cancer by vascular diseases.

OBJECTIVE: to determine the risk of ADRD in association with cardiovascular diseases (CVD), stroke, hypertension, and diabetes in women with breast cancer.

METHODS: Study identified 246,686 women diagnosed with breast cancer at age≥65 years in 1991-2015 from the Surveillance, Epidemiology, and End Results (SEER)-Medicare linked database. Women were free of ADRD at the time of cancer diagnosis and followed from 1991 to 2016.

RESULTS: Cumulative incidence of AD over 26 years of follow-up varied …

Determinants Of Social Distancing Adherence, Philip Gerretsen, Julia Kim, Eric E Brown, Lena C Quilty, Samantha Wells, Fernando Caravaggio, Jianmeng Song, Marcos Sanches, Branka Agic, Bruce G Pollock, Ariel Graff-Guerrero

Faculty, Staff and Student Publications

Introduction: Governments and public health authorities across many jurisdictions implemented social (physical) distancing measures to contain the spread of the 2019 novel coronavirus disease (COVID-19). Adherence to these measures is variable and likely influenced by various factors. This study aimed to 1) identify the individual sociodemographic, COVID-19 and social distancing related, and psychological determinants of social distancing adherence, and 2) explore regional differences in social distancing adherence in the United States (U.S.) and English-speaking Canada based on each region's discrepant response to social distancing restrictions.

Methods: A web-based repeated cross-sectional survey was conducted in 4,942 English-speaking participants from the four …

Women Of Faith Speak Up And Speak Out The Genesis And Philosophical Underpinnings Of Mormon Women For Ethical Government, Sharlee Mullins Glenn

BYU Studies

Good government is ethical government. That is the premise upon which the nonprofit organization Mormon Women for Ethical Government (MWEG) was founded.

Like millions of people across the United States, I found myself growing increasingly alarmed during the 2016 U.S. election cycle as I watched the great rifts in our political landscape widen and deepen, abetted by the divisive and often vitriolic discourse on all sides. This division, combined with the flagrant flouting of basic human decency by some who were running for public office, awakened many of us to a sense of our duty as citizens.

Doctoral Physical Therapy Students' Increased Confidence Following Exploration Of Active Video Gaming Systems In A Problem-Based Learning Curriculum In The United States: A Pre-And Post-Intervention Study, Michelle E. Wormley, Wendy Romney, Diana Veneri, Andrea Oberlander

Physical Therapy Faculty Publications

Purpose: Active video gaming (AVG) is used in physical therapy (PT) to treat individuals with a variety of diagnoses across the lifespan. The literature supports improvements in balance, cardiovascular endurance, and motor control; however, evidence is lacking regarding the implementation of AVG in PT education. This study investigated doctoral physical therapy (DPT) students' confidence following active exploration of AVG systems as a PT intervention in the United States.

Methods: This pretest-posttest study included 60 DPT students in 2017 (Cohort 1) and 55 students in 2018 (Cohort 2) enrolled in a problem-based learning curriculum. AVG systems were embedded into patient cases …

A Distinguished U.S. Ambassador To Switzerland— Joseph B. Gildenhorn, C. Naseer Ahmad

Swiss American Historical Society Review

For over two hundred years, Switzerland and United States have enjoyed strong bilateral relationship. This relationship has endured so long due to the shared interests and common values. Leadership at governmental and business level in both countries have helped keep the bonds between Switzerland and United States strong and enduring.

Invisible Labors : Reviving Histories Of Women's Land Work In The Blue Island Ridge Communities, Chicago, Illinois, Susannah Papish, Mellissa H. Potter, Jacob Lindgren, 3arts Artists Projects, Columbia College, Special Collections, Fleet Library

Artists' Books

6 pages in folded accordion book : illustrations ; 4 postcards + 1 paper insert. "Invisible Labors was printed in a risograph edition of 50 as well as a deluxe edition of 50."--Colophon "To honor the little-known contributions of Chicago's early women agricultural and cultural workers, [Susannah Papish collaborated] on a new publication entitled Invisible Labors, inspired by a recent research and garden project in the Morgan Park and Beverly neighborhoods formerly known as The Ridge. This book [weaves] together historical archives, photographs, and original new artwork that creatively interprets the crucial role that women have played in working and …

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 …

Racial Disparities In Treatments And Mortality Among A Large Population-Based Cohort Of Older Men And Women With Colorectal Cancer, Xianglin L Du, Lulu Song

Faculty, Staff and Student Publications

BACKGROUND: There were racial disparities in treatment and mortality among patients with colorectal cancer, but few studies incorporated information on hypertension and diabetes and their treatment status.

PATIENTS AND METHODS: The study identified 101,250 patients from Surveillance, Epidemiology, and End Results (SEER)-Medicare linked database in the United States who were diagnosed with colorectal cancer at age ≥65 years between 2007 and 2015 with follow-up to December 2016.

RESULTS: There were substantial racial and ethnic disparities in the prevalence of hypertension and diabetes in patients with colorectal cancer, in receiving chemotherapy and radiation therapy, and in receiving antihypertensive and antidiabetic treatment. …

Using Implementation Mapping For The Adoption And Implementation Of Target:Bp In Community Health Centers, Melissa A Valerio-Shewmaker, Natalia I Heredia, Catherine Pulicken, Patenne D Mathews, Roshanda Chenier, Tracy L Swoboda, Ella R Garza, Fernanda Velasco-Huerta, Maria E Fernandez

Faculty, Staff and Student Publications

BACKGROUND: Despite the availability of multilevel evidence-based interventions for blood pressure management, poor hypertension control is common among community health center patient populations across the state of Texas and the United States.

METHODS: We used Implementation Mapping (IM) to identify barriers and facilitators influencing the adoption and implementation of the

RESULTS: As part of the needs and capacity assessment, we collected data through interviews with CHC staff, examining gaps in needs and services (e.g., what do clinics need to implement

DISCUSSION: This paper provides an example of using Implementation Mapping to develop strategies to increase the adoption and implementation of …

Effects Of Posttraumatic Stress Disorder For U.S. Women Veterans, Bobbi N. L. Mount, Phd

Walden Dissertations and Doctoral Studies

The purpose of this qualitative phenomenological study was to explore the lived postdeployment experiences of U.S. women veterans with posttraumatic stress disorder (PTSD) and their perception of the impact their diagnosis had on their immediate families. The theoretical framework was Heider’s causal attribution theory. The first two research questions directly addressed the purpose of the study, and the third research question addressed each participant’s experience with accessing mental healthcare services. NVivo was used to transcribe, code, and analyze data derived from semistructured interviews with six U.S. women veterans who were diagnosed with PTSD by a licensed mental health professional postdeployment. …

Motivations Of Youth Engaged In International Drug Smuggling Through The Perceptions Of Law Enforcement In San Diego County, Gabrielle Suzanne Smyth

Walden Dissertations and Doctoral Studies

The use of illegal narcotics in the United States is an epidemic that requires significant and measurable results. Not only are illegal drugs crossing from Mexico into the United States a threat to public safety, but the involvement of juveniles is also becoming increasingly dangerous. Since early 2018, the Drug Enforcement Administration’s (DEA’s) San Diego Field Division has seen a disturbing trend of Mexican cartels increasingly recruiting juveniles from high schools in southern San Diego County to smuggle drugs through the ports of entry. The theoretical framework utilized in this study was social learning theory. The logical connection between social …

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 …

Frequent Mental Distress Among Adults In The United States And Its Association With Socio-Demographic Characteristics, Unhealthy Lifestyle, And Chronic Physical Health Status, Mamunur Rashid, M. Mazharul Islam, Aiping Li, Naima Shifa

Mathematics Faculty Publications

Frequent mental distress (FMD) is a measure of poor mental health days for at least 14 days out of 30 days. It is one of the important dimensions of the health-related quality of life. The underlying causes of FMD are diverse. However, the issue has not been explored extensively due to the lack of reliable data on mental health. The aim of this study was to examine the level and trends of FMD among the adults of the United States (US) and identify the socio-demographic, lifestyles, and chronic health outcomes related correlates of FMD. The data for the study was …

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.

Hispanic Ethnicity And Mortality Among Critically Ill Patients With Covid-19, Ana C Ricardo, Jinsong Chen, Stephanie M Toth-Manikowski, Natalie Meza, Min Joo, Shruti Gupta, Deepa G Lazarous, David E Leaf, James P Lash

Faculty, Staff and Student Publications

BACKGROUND: Hispanic persons living in the United States (U.S.) are at higher risk of infection and death from coronavirus disease 2019 (COVID-19) compared with non-Hispanic persons. Whether this disparity exists among critically ill patients with COVID-19 is unknown.

OBJECTIVE: To evaluate ethnic disparities in mortality among critically ill adults with COVID-19 enrolled in the Study of the Treatment and Outcomes in Critically Ill Patients with COVID-19 (STOP-COVID).

METHODS: Multicenter cohort study of adults with laboratory-confirmed COVID-19 admitted to intensive care units (ICU) at 67 U.S. hospitals from March 4 to May 9, 2020. Multilevel logistic regression was used to evaluate …

‘I Went To The One Game In Town’: Obstetric And Maternity Unit Closures, Dwindling Birth Choices, And Resilience In Rural Appalachia, Sia Beasley

Theses and Dissertations--Anthropology

Obstetric and maternity health services are being rapidly eliminated in the rural United States, making maternal care more difficult to access and causing negative birth outcomes. Service closures have a magnified impact in Appalachia due to histories of systemic regional and state policy practices which devalue the lives of people living rural areas, local economic marginalization, geographic barriers, and insufficient health infrastructures. This research investigates how women living in rural Appalachia navigate pregnancy and birth amidst constant care closures. The Sunflower Mountain Region is a seven-county area in rural Southern Appalachia. The region has experienced ongoing obstetric closures over the …

The Impact Of Covid-19 On Wildlife Strike Rates In The United States, Dan Parsons, Michael Malouf, Wayne Martin

Human–Wildlife Interactions

Shortly after the COVID-19 pandemic impacted air traffic, industry bodies warned of the potential increase in wildlife strike risk. Prior to the pandemic, wildlife strikes were already a concern to the industry. We sought to evaluate industry warnings using interrupted time series analysis of wildlife strike trends in the United States. Using pre-pandemic wildlife strike trends, we compared a forecast of the expected monthly strike rates through the COVID-19 impact period (March 2020 to December 2020) to the actual wildlife strike rates for the same period. Our results showed an increase in wildlife strike rates in 5 out of the …

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: …

Association Of Body Mass Index In Midlife With Morbidity Burden In Older Adulthood And Longevity, Sadiya S. Khan, Amy E. Krefman, Lihui Zhao, Lei Liu, Anna Chorniy, Martha L. Daviglus, Cuiping Schiman, Kiang Liu, Tina Shih, Daniel Garside, Thanh-Huyen T. Vu, Donald M. Lloyd-Jones, Norrina B. Allen

Open Access Publications

Importance: Abundant evidence links obesity with adverse health consequences. However, controversies persist regarding whether overweight status compared with normal body mass index (BMI; calculated as weight in kilograms divided by height in meters squared) is associated with longer survival and whether this occurs at the expense of greater long-term morbidity and health care expenditures.

Objective: To examine the association of BMI in midlife with morbidity burden, longevity, and health care expenditures in adults 65 years and older.

Design, Setting, and Participants: Prospective cohort study at the Chicago Heart Association Detection Project in Industry, with baseline in-person examination between November 1967 …

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 …