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Chapter 34 - Trial: General Characteristics, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Ordinarily a criminal trial cannot be held in absentia. See Drope v. Missouri, 420 U.S. 162, 182 (1975). The defendant “has a right to be present at all important stages of trial” (McKaskle v. Wiggins, 465 U.S. 168, 178 (1984) (dictum)). In most jurisdictions the right derives from several sources. It is often conferred by statute or rule of court (see, e.g., Crosby v. United States, 506 U.S. 255 (1993)); it is held to be protected by the common state constitutional guarantees of due process and of confrontation; and it is protected by the Due Process Clause of the Fourteenth …

Chapter 36 - Evidentiary Issues That Are Likely To Arise At Trial, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

General rules of evidence applicable in civil cases are also controlling in criminal cases. This chapter’s discussion of evidentiary matters will be limited to a few of the most important problems specific to criminal trials.

Chapter 42 - Instructions To The Jury; Defense Requests To Charge, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In many jurisdictions it is customary or obligatory, prior to the lawyers’ closing arguments, for the judge to confer with the prosecutor and defense counsel to determine what the jury will be charged (or to “settle the instructions,” as it is often called). See, e.g., United States v. Melhuish, 6 F.4th 380, 392 (2d Cir. 2021) (dictum) (“[w]e have ‘repeatedly held that defense counsel should be afforded the opportunity to review a proposed jury instruction’”). This may be done as a matter of routine, or counsel may have to request a conference if s/he wants one.

Chapter 45 - The Jury's Deliberations And Verdict, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

(A) In some jurisdictions, once the jury’s deliberations have begun, the jurors are not permitted to separate until a verdict has been reached. If a verdict cannot be reached before a normal mealtime or day’s end, deliberations may be stopped with the permission of the court, and the jury will be fed or housed under the supervision of court attendants. Although the jury is kept together during these recesses, it is not permitted to deliberate outside the jury room.

Chapter 47 - Postverdict Proceedings, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Once the verdict is recorded, the court may be permitted to impose sentence immediately, or to proceed immediately to a more or less formal sentencing hearing, or to defer sentencing with or without ordering a presentence investigation.

Chapter 25 - Motions To Suppress Tangible Evidence, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Rather than attempt still another doctrinal discourse, this chapter approaches the law of search and seizure from a different angle. After a brief description of the major constitutional guarantees that defense counsel may invoke to challenge the legality of police searches and seizures and thereby the admissibility of prosecution evidence produced by those activities (§ 25.2 infra), the text sets out a checklist of questions that counsel can ask and answer (with minimal investigation) about the facts of any particular case s/he is handling (§ 25.3 infra). The references following each question will direct counsel to subsequent sections containing functional …

Index Of Subjects, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

References are to section numbers.

Table Of Cases And Other Authorities, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

References are to section numbers.

Pride And Portrayal: The Effects Of Gender Identity And Generational Cohort On Lgbtq+ Perceptions Of Media Coverage, Dang H. Le

Communication Theses - Archive

Public debates over LGBTQ+ issues have intensified in the United States in recent years, placing news media at the center of conflicts over representation, fairness, and credibility. While a substantial body of research has analyzed how LGBTQ+ people are portrayed in news coverage, far less attention has been paid to how LGBTQ+ audiences themselves evaluate that coverage. Understanding these perceptions is increasingly important as declining trust in journalism intersects with political polarization and ongoing policy debates surrounding LGBTQ+ rights. This study examines how generational cohorts and gender identity shape LGBTQ+ audiences’ perceptions of news coverage quality, perceived media hostility, and …

Public Utilities Commission, Azad Hassan Khanzadeh Faal, Kelly Downes, Annika Kjos, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Irene Lau, Katie Gonzalez, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Improving Early Detection And Response To Clinical Deterioration Among Nurses Through Competency-Based Interventions, Courtney E. Miller

Doctor of Nursing Practice (DNP) Scholarly Projects

Problem: Clinical deterioration among hospitalized patients remained a significant contributor to preventable morbidity and mortality, often due to delayed recognition and response in general care settings (Choi et al., 2025; Chung & Jung, 2024).

PICOTS: For registered nurses working on a general level of care inpatient hospital unit (P), how did a competency-based training program bundle incorporating didactic educational intervention of learning how to use technology, machine learning (ML) based early warning system (EWS) of trends and patterns to identify at risk patients, and low-fidelity simulation-based education (SBE) (clinical readiness to improve confidence with education and coaching) (I), …

Implementing A Standardized Resilience Bundle For Neonatal Intensive Care Nurses, Jennifer Bouzid

Doctor of Nursing Practice (DNP) Scholarly Projects

Background: Nurse resilience is associated with improved psychological well-being, professional satisfaction, and retention. Neonatal intensive care unit nurses are frequently exposed to emotionally traumatic clinical events that may contribute to burnout, compassion fatigue, and turnover. A women’s hospital in central Texas identified increased nurse turnover and lower employee engagement scores related to well-being and intent to stay within the neonatal intensive care unit.

Purpose: The purpose of this quality improvement project was to implement and evaluate a standardized resilience support bundle for nurses following traumatic clinical events.

Methods: Guided by the Plan-Do-Study-Act framework, the project implemented a resilience bundle that …

The Role Of Parenting In Mitigating Epigenetic Cardiometabolic Risk In Predominantly Latino Preschoolers, Adamari López

Open Access Master's Theses

Background: Childhood obesity is a highly prevalent public health concern with significant consequences for health and development across the lifespan. Risk is disproportionately elevated among children from marginalized racial and ethnic groups and socioeconomically disadvantaged backgrounds, highlighting persistent disparities in long-term health outcomes. Epigenomic mechanisms, including DNA methylation (DNAm), have emerged as a promising approach for understanding the biological embedding of metabolic risk; however, prior research has largely emphasized deficit-based models, with limited attention to protective family-level factors. The present study examined whether participation in a positive parenting intervention was associated with epigenetic cardiometabolic risk among preschool-aged children. Methods …

Herbivore Cues And Plant Damage-Associated-Compounds Jointly Alter Seed Germination And Seedling Herbivory, Katherine Overstrum

Open Access Master's Theses

While plant defense against herbivory is primarily thought to occur following attack, there is also evidence that plants can detect and respond to pre-attack cues. These cues include chemicals released from damaged conspecifics and kairomones, non-attack-related substances emitted by an herbivore that plants can detect and use to their benefit. It is unknown, however, whether or how plants react to the interaction of these pre-attack cues. We measured germination, growth, and herbivore susceptibility of B. nigra seedlings in an experiment that crossed the presence/absence of crushed B. nigra leaves with the presence/absence of mucus of a generalist herbivore, A. subfuscus …

Ensemble Dependence Of Mechanical Relaxation In Molecular Dynamics Simulation, Mason E. Hyde

Open Access Master's Theses

This thesis investigates whether the selection of thermodynamic ensemble introduces quantifiable differences in the stress relaxation modulus G(t), storage modulus G”(w), loss modulus G”(w), and phase angle d(w) computed from equilibrium molecular dynamics simulations of the AAA-1 asphalt model. A 72-molecule, 12-component representation of AAA-1 bitumen was simulated under three ensembles (NPT, NVT, and NVE) at three temperatures (400.15 K, 443.15 K, and 533.15 K) with three independent replications at each condition, yielding 27 total simulations. Stress autocorrelation functions were computed from each production trajectory and Fourier-transformed to obtain frequency-dependent rheological properties.

The computed properties …

Evaluating Training Effectiveness And Learning Transfer In The Kentucky Transportation Cabinet Safety Academy, Amanda L. Casolare

Theses and Dissertations--Civil Engineering

Effective evaluation of safety training is crucial to ensure that learning translates into safe work practices, particularly in high-risk public sector environments. The Kentucky Transportation Cabinet (KYTC) is developing a Safety Academy to enhance hazard recognition, risk management, and safety leadership within the organization. However, the Safety Academy has not yet been implemented, and formal evaluation methods for training have not been established. This study aimed to examine evidence-based training evaluation techniques and develop recommendations for evaluating the KYTC Safety Academy prior to program implementation.

This study employed an applied pre-implementation research design grounded in a comprehensive review of safety …

Shakespeare’S Martyrs And The Poetics Of Transformation, Robert Keim

Theses and Dissertations--English

At the beginning of William Shakespeare’s career as a playwright, England’s most widely read book, after the Bible, was Acts and Monuments of These Latter and Perilous Days, commonly known as John Foxe’s Book of Martyrs. Foxe’s martyrological literature, along with the inherently theatrical nature of martyrdom itself, helped the lives and deaths of Reformation martyrs to assume a prominent place in England’s literary consciousness. Shakespeare was not immune to their influential presence, and though overt representations of martyrdom were too controversial for the popular stage, he did enrich his plays by endowing certain characters—through imagery, allusive diction, …

We Need To Care About Care: (Un)Caring Relations In Victorian Fiction, Roslyn Fleming

Theses and Dissertations--English

The professionalization and institutionalization of care in the Victorian era ushered in a growing societal concern about the pitfalls of care being “systematized and depersonalized” and treating people as burdens, problems to be solved. Given the increasing attention paid to people’s welfare and well-being during this period, the cultural shift from intimate community care to professional and institutional care, and the growing stigmatization of disabled bodyminds, the fiction produced amidst these cultural changes makes a compelling site for a study of care. Critical scholarship attending to Victorian novels’ representations of care, however, has largely concentrated on specific categorizations of care …

Benjy's Personhood In The Sound And The Fury, Addison D. Tighe

Theses and Dissertations--English

This thesis will take a look at the way Benjy Compson’s character in William Faulkner’s novel The Sound and the Fury can be used to form an anti-eugenic argument. By taking a close look at the historical context of America’s twentieth century eugenic movement, the ways in which the novel presents an argument of personhood for those with disabilities come forth despite the eugenic pressures of the time. By taking the time to closely read Benjy’s section within the novel, a mix of disability studies and feminist disability studies, and understanding the complexity of character and stream of conscious writing, …

Clinical Test Cases For Commissioning, Qa, And Benchmarking Of Model-Based Dose Calculation Algorithms In 1⁹2ir Hdr Gynecologic Tandem And Ring Brachytherapy, Vasiliki Peppa, Maude Robitaille, Fatemeh Akbari, Shirin Enger, Rowan Thomson, Firas Mourtada, Gabriel Fonseca

Department of Radiation Oncology Faculty Papers

PURPOSE: To develop clinically relevant test cases for commissioning Model-Based Dose Calculation Algorithms (MBDCAs) for ¹⁹²Ir High Dose Rate (HDR) gynecologic brachytherapy following the workflow proposed by the TG-186 report and the WGDCAB report 372.

ACQUISITION AND VALIDATION METHODS: Two cervical cancer intracavitary HDR brachytherapy models were developed based on a real patient, using either uniformly structured regions or realistic segmentation. The patient's computed tomography (CT) images were processed, converted to a series of digital imaging and communications in medicine (DICOM) CT images, and imported into two treatment planning systems (TPSs), the Oncentra Brachy and BrachyVision. The original segmentation …

Role Of Estrogen Receptor Alpha In Modulating The Circadian System In Female Mice, Victoria Alvord

Theses and Dissertations--Biology

Circadian rhythms are approximately 24-hour cycles of physiology and behavior. Circadian rhythms of eating, or meal timing, are linked to cardiometabolic dysfunction in humans. Mistimed eating, such as breakfast skipping and eating late at night, increases the risk of obesity, diabetes, and cardiovascular disease in humans. Likewise, disrupted eating rhythms cause obesity in mice. This dissertation investigates how estrogens regulate eating behavior rhythms and tissue clock timing in female mice. Chapter 1 reviews three key components critical to this work. The first is an overview of the field of chronobiology and the function of the circadian system. The second is …

Spatial Marginalization Of Emotional Support: Understanding Animal-Human Dynamics Of Care On College Campuses, Aleksandra Craine

Theses and Dissertations--Geography

In 2015 Kearny-Nebraska court case determined that student campus housing is considered a dwelling and is therefore covered by housing antidiscrimination laws. Since then, increasing numbers of students across U.S. campuses applied to bring an emotional support animal to live with them. Emotional Support Animals (ESAs) are defined by the U.S. Department of Housing and Urban Development as “trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.” Persons requesting ESA accommodations usually must provide documentation from a medical provider or therapist. ESAs remain a legally and socially contested category …

Entre Irse Y Quedarse: Sociolinguistic Effects Of The H-2a Program In The U.S. And Mexico, Hayden D. Holman

Theses and Dissertations--Hispanic Studies

This dissertation examines stabilized circular migration as a distinct sociolinguistic condition through a study of Mexican participants in the U.S. H-2A temporary agricultural worker program. Whereas much migration scholarship presumes linear settlement and cumulative immersion, the H-2A program institutionalizes repeated cycles of departure and return between specific origin and destination communities. This patterned mobility produces recurrent immersion in an English-dominant environment followed by re-centering in a Spanish-dominant community, creating conditions of cyclical activation and recalibration of linguistic repertoires.

The study investigates two interrelated questions: (1) how sustained participation in stabilized circular mobility shapes participants’ spoken repertoires, contact-induced features, and language …

Visual Genealogies Of Disability In Mexican Visual Culture, Daniela Calvache Garcia

Theses and Dissertations--Hispanic Studies

Disability in Mexico is a visually constructed category, shaped by a long genealogy of representation in which images of bodily difference actively participate in defining power and the management of all bodies. The discursive forces that define disability as unproductivity reduce body-minds to the service of the economic system, affecting our relationship with death, illness, reproduction, size, youth, and beauty. Across the Mesoamerican visual space, such representations have long unsettled dominant systems of truth about bodies. This dissertation examines how conceptions of disability are produced, negotiated, and reimagined through three historical moments and cultural expressions: Pre-Hispanic Mayan imagery, Mexican colonial …

The Rhesus Macaque Model Of Mycobacterium Avium Infection Reveals That Age-Related Disease Is Due In Part To Chronic Inflammation And Lung Microbial Dysbiosis, Ethan G. Napier

Theses and Dissertations--Microbiology, Immunology, and Molecular Genetics

Aging is associated with dysregulated immunity and increased susceptibility to infection, a phenomenon dubbed as immunosenescence and characterized by reduced naïve T and B cell pools, altered innate immune function, and chronic low-grade inflammation. Nontuberculous mycobacterial (NTM) pulmonary disease (NTMPD) is an increasingly relevant chronic lung infection that disproportionately affects older adults (65+ years) and immunocompromised individuals. However, the host factors underlying increased disease severity in aged patients remain poorly defined. Literature suggests that effective control of NTM relies on coordinated innate and adaptive immune responses, particularly macrophage activation and Th1 cytokine signaling. Using a rhesus macaque model that closely …

A Framework For Characterizing The Peripheral Immune Isonome Using Long-Read Single-Cell Rna Sequencing And Its Relevance To Neurological Disease, Patricia Hayes Doyle

Theses and Dissertations--Neuroscience

Long-read single-cell RNA sequencing provides an opportunity to understand human health and disease at isoform resolution, revealing cellular diversity and disease mechanisms difficult to resolve with bulk or short-read methodologies.

Using a modified PIPseq workflow and computational pipeline adapted for Oxford Nanopore (ONT) sequencing, we profiled isoform usage across immune cells, integrating marker expression and isoform discovery, generating the largest long-read single-cell dataset of human immune cells from a single individual to date. We identified non-canonical protein-coding variants of GZMB and CD3G enriched in unexpected cell types. We also discovered novel transcripts from CMC1 and LYAR with cell-type-specific signatures that …

Environmental Predictors Of Human Lyme Disease Incidence Across Appalachian Counties In Kentucky, Virginia, And West Virginia, 2000-2019, Karlie D. Rennison

Theses and Dissertations--Epidemiology and Biostatistics

This ecological study examined county-level environmental, landscape, and host-related predictors of Lyme disease incidence across Kentucky, Virginia, and West Virginia from 2000-2019. Lyme disease is an emerging public health concern in the Appalachian region, where geographic expansion and shifting ecological conditions may influence disease risk.

Lyme disease case rates (per 10,000 population) were analyzed in relation to climate variables, land cover metrics, host density measures, and rurality using publicly available data sources. Descriptive and regression analyses were conducted to evaluate associations between candidate predictors and disease incidence.

Substantial geographic variation in Lyme disease incidence was observed, with higher case rates …

Essays In Consumer Credit Markets, Sarah Najafzadeh Khoei

Theses and Dissertations--Finance and Quantitative Methods

This dissertation studies how technology, market structure, and contract design shape outcomes in consumer credit markets, with a particular focus on auto lending and leasing. In the first chapter, I investigate the performance of automated underwriting systems relative to human underwriters in the auto loan market. While prior studies document the advantages of automated underwriting, I show that its performance deteriorates under conditions of heightened data uncertainty. Exploiting the COVID-19 pandemic as an exogenous shock and using a combination of difference-in-differences and regression discontinuity designs, I find that automated underwriting performs significantly worse than human underwriting during this period, particularly …