Digital Commons Network^™

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

The Heirs' Property Dilemma: How Stronger Federal Policies Can Help Narrow The Racial Wealth Gap, Kendall B. Bargeman

North Carolina Banking Institute

No abstract provided.

Regulate Now Or Pay Later: A Late Start On Regulating The Bnpl Industry Endangers Consumers, Morgan E. Johnson

North Carolina Banking Institute

No abstract provided.

What Is In Our Best Interest? Are Educational Digital Engagement Practices A Way To Avoid Pending Gamification Regulation, Caleb F. Boldt

North Carolina Banking Institute

No abstract provided.

The Supreme Court's Major Questions Doctrine: Implications For Responding To Financial Crises, Eric J. Spitler

North Carolina Banking Institute

No abstract provided.

Data Management Report March 2023, Tennessee. Department Of Intellectual And Developmental Disabilities

Compliance & System Data/Reports

This monthly report provides data on various aspects of the department's activities and programs.

Beyond Title Vii: Litigating Harassment By Nonemployees Under The Ada And Adea, Kate Bradley

Washington Law Review

Employees in the United States are protected from unlawful harassment that rises to the level of a “hostile work environment.” Federal circuits recognize that employers could be liable under Title VII when their employees experience hostile work environments because of harassment from nonemployees. However, outside of Title VII, not all federal circuits have recognized that the Americans with Disabilities Act of 1990 (ADA) and Age Discrimination in Employment Act of 1967 (ADEA) protect employees from hostile work environments.

As a result, employees are vulnerable with respect to age and disability-based harassment. This Comment argues that all federal circuits should allow …

Seven Sisters: A Central Coast Kombucha Company, Emma Jones

Graphic Communication

Seven Sisters is an innovative, fictitious local kombucha brand that serves as a capstone project. This project will use all of the skills learned in the graphic communication department at Cal Poly. The company will be called Seven Sisters (named after the mountain range in San Luis Obispo) and imitate a small local business. By focusing my project on creating a brand, the graphic communication skills used will include: marketing, graphic design, branding, logo and product design, packaging, and social media. Further, kombucha is an intriguing product for to work with because it is a relevant and new market with …

Vol. 100, No. 3: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Revisiting The Yellow Dog Contract Of Mandatory Arbitration: The Federal Arbitaration Act And Employment Rights Twenty-Five Years After Gilmer, Katherine Van Wezel Stone

Denver Law Review

No abstract provided.

Reflections On Critical Race Theory In A Time Of Backlash, Athena D. Mutua

Denver Law Review

Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the miseducation of the American populace, including its children. The campaign suggests, in the case of race, that efforts to promote racial justice, combat racism, and employ race as an analytical lens-antiracism-is racist. That is, the rightwing argument has shifted from the …

Mapping And Mobilizing Legal Criticalities: Making The Move From Diaspora To Collective Or Legal Scholars Making A Difference As Cultural Warriors, Francisco Valdes

Denver Law Review

No abstract provided.

Takings Federalization, Gerald S. Dickinson

Denver Law Review

Federal constitutional law exerts an outsized role and influence over state constitutional law. In takings, Supreme Court jurisprudence has dominated state court interpretations of analogous state constitutional takings provisions. This does not mean, however, that the Supreme Court always leads and the state courts always follow. At times, the opposite is true. There is, indeed, an underappreciated and under addressed role reversal in which the Supreme Court follows the lead of state courts. State takings doctrines have, on limited occasions, influenced federal takings jurisprudence. This federalization of takings is a distinct feature of judicial dual sovereignty where the Supreme Court …

Understanding The Roles Of Government In Conservation Easement Transactions, Jess Phelps

Denver Law Review

Government is involved in all conservation easement transactions—whether as authorizer, funder, or holder. These governmental roles often work in concert, but not always; there is potential for conflict between various entities involved in securing lands for long-term conservation outcomes. This Article explores these tensions and considers how understanding the various roles that government may play can help inform conservation practice and assist in the design of conservation easements that best leverage governmental involvement. To this end, Part I provides a general overview of conservation easements with a focus on working lands conservation easements. Part II examines the six specific roles …

Arbitrary Arbitrariness Review, Carrie Rosenbaum

Denver Law Review

The Supreme Court’s recent immigration law Administrative Procedure Act (APA) jurisprudence demonstrates the anti-democratic potential of this judicial review, which has not yet been explored in scholarly literature. Courts’ application of the arbitrary and capricious standard potentially curtails the ability of new presidents to carry out policies via agency action. Scholars have argued that when the courts employ arbitrariness review, their examination of an agency’s reasons for changing a prior Administration’s policy can stymie change and inhibit the will of the people. Further, arbitrariness review can foster volatility. The Supreme Court’s reasoned approach in the Deferred Action for Childhood Arrivals …

Approaches For Optimizing Venous Thromboembolism Prevention In Injured Patients: Findings From The Consensus Conference To Implement Optimal Venous Thromboembolism Prophylaxis In Trauma, Amanda L Teichman, Bryan A Cotton, James Byrne, Navpreet K Dhillon, Allison E Berndtson, Michelle A Price, Tracy J Johns, Eric J Ley, Todd Costantini, Elliott R Haut

Faculty, Staff and Student Publications

Venous thromboembolism (VTE) is a major issue in trauma patients. Without prophylaxis, the rate of deep venous thrombosis approaches 60% and even with chemoprophylaxis may be nearly 30%. Advances in VTE reduction are imperative to reduce the burden of this issue in the trauma population. Novel approaches in VTE prevention may include new medications, dosing regimens, and extending prophylaxis to the postdischarge phase of care. Standard dosing regimens of low-molecular-weight heparin are insufficient in trauma, shifting our focus toward alternative dosing strategies to improve prophylaxis. Mixed data suggest that anti-Xa-guided dosage, weight-based dosing, and thromboelastography are among these potential strategies. …

Ideal Cardiovascular Health, Biomarkers, And Coronary Artery Disease In Persons With Hiv, Pamela S Douglas, Sara Mccallum, Michael T Lu, Triin Umbleja, Kathleen V Fitch, Borek Foldyna, Markella V Zanni, Evelynne S Fulda, Gerald S Bloomfield, Carl J Fichtenbaum, Edgar T Overton, Judith A Aberg, Carlos D Malvestutto, Tricia H Burdo, Roberto C Arduino, Ken S Ho, Michael T Yin, Heather J Ribaudo, Steven K Grinspoon

Faculty, Staff and Student Publications

OBJECTIVE: To investigate relationships between Life's Simple 7 (LS7), an assessment of cardiovascular health (CVH), and coronary plaque among people with HIV (PWH).

DESIGN: Cross-sectional.

METHODS: Coronary computed tomography angiography, immune/inflammatory biomarkers, and characterization of LS7 were collected among a subset of ART-treated PWH enrolled in REPRIEVE, a primary prevention trial. Analyses adjusted for cardiovascular disease risk (ASCVD score).

RESULTS: Median age of the 735 participants was 51(±6) years, 16% female, and median (Q1-Q3) CVD risk was 4.5% (2.6-6.9). Forty percent had poor (≤2 ideal components), 51% had intermediate (three or four ideal components), and only 9% had ideal CVH …

What Went Down When You Went Under? The Performance Of Nonconsensual Pelvic Exams On Unconscious Patients, Gabriella Ferreira

Hofstra Law Review

No abstract provided.

Parents Under Pressure: Why Cps Needs To Tell Parents Their Rights Before Walking In The Door, Nicole E. Imperatore

Hofstra Law Review

The article focuses on the experiences of parents who encounter Child Protective Services (CPS) and the potential intrusion into their lives including the initial visit from a CPS caseworker, the questioning and inspection process, and the potential consequences and length of CPS reports.

2023-March-01-Etsu Will Celebrate Disability Awareness With March Event, University Marketing And Communication, East Tennessee State University

ETSU News

East Tennessee State University will celebrate disability awareness in a special program on campus this week. 

The event is happening Friday, March 10, from 10 a.m.-4 p.m. in the D.P. Culp Student Center Cave. 

“We are thrilled to host this event as a way to bring awareness to students on campus with differing disabilities, as well as the services available on campus and potential career paths,” said Jacy Sims, president of the Rehabilitative Health Sciences student organization. 

Several organizations will be present to highlight accessibility and share stories. The public is welcome at this free event. 

“Disability awareness is everybody’s …

2023-March-01-Go Beyond Project Earth, University Marketing And Communication, East Tennessee State University

ETSU News

For more than a decade, the ETSU-Eastman Valleybrook Campus has been home to pioneering public health programs that were featured in a national journal, Wildnerness & Environmental Medicine.

The ETSU-Eastman Valleybrook campus, located on Pickens Road in Kingsport, houses the ETSU College of Public Health’s nationally award-winning Project EARTH curriculum and the Niswonger VILLAGE, the only public health simulation lab of its kind in the country that replicates how people live and work in low-resource settings. 

“When you think of higher education, you think of classrooms and office spaces,” said Harrison Ihrig, a graduate student in the ETSU …

2023-March-01-Meet Ethel Ngene, University Marketing And Communication, East Tennessee State University

ETSU News

“I’m very invested in rural health, in underserved populations, because I, for one, came from that background,” said Ethel Akuabata Ngene, who found what she was looking for at ETSU’s Gatton College of Pharmacy. “They are very invested in rural education and making sure that we are prepared to take up the challenges involved as pharmacists in rural environments or underserved populations.”

Ngene grew up in the small village of Akwuke, Nigeria, and was inspired by the dedication and sacrifice of her widowed mother, who went back to school to earn a bachelor’s degree and became a teacher to provide …

2023-March-01-In All She Does- Positivity, University Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – A partnership with Taylor Swift. Producing street art for Super Bowl 2020. Crafting murals and launching a viral #WhatLiftsYou social media campaign following the devastating school shooting in Parkland, Florida.   

Kelsey Montague, one of the best-known illustrators in the world, has taken her creative craft across the globe.  

Add East Tennessee State University and Johnson City to her portfolio.  

Montague finished painting a mural at the university earlier this week. Located near the Ballad Health Athletic Center (Mini-Dome) and the parking garage, the navy and gold mural features design elements unique to both ETSU and the region: …

Infrastructure, Jurisdiction, Extractivism: Keywords For Decolonizing Geographies, Shiri Pasternak, Deborah Cowen, Robert Clifford, Tiffany Joseph, Dayna Nadine Scott, Anne Spice, Heidi Kiiwetinepinesiik Stark

Articles & Book Chapters

No abstract provided.

El Leñador, March 2023, El Leñador Staff

El Leñador Newspaper

El Leñador is an English and Spanish newspaper produced by Humboldt State University students. Our staff cover and provide news to Latinx and other diverse communities on campus and in Humboldt County. We are committed to providing relevant news and expanding the representations and stories told about people of color and other marginalized groups. Our work helps create more social, political and cultural diversity in local media.

El Leñador es un periodico en español y inglés producido por estudiantes de la Universidad Estatal de Humboldt. Nuestro personal cubre y provee noticias a la comunidad Latinx y otras comunidades diversas en …

The Future Of The Gaming Industry And Why We Need Strict Regulation, Michael Rumbolz

UNLV Gaming Law Journal

No abstract provided.

Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus A. Gadson

Washington Law Review

Civil procedure is one of the biggest hurdles to access to justice. An array of rules and interpretations of those rules have turned lawsuits into meandering mazes with a procedural minotaur waiting to gobble up meritorious claims. The problem is especially acute for the many Americans without abundant resources or access to a lawyer. Fortunately, there is a ready remedy, albeit one access to justice advocates have ignored: state constitutions. Forty state constitutions, which protect hundreds of millions of Americans, generally guarantee “[t]hat all courts shall be open, and every person, for an injury done him in his person, property …

Korean American Young Adults: Spiritual And Emotional Formation Though Art, Hesed Lee

Doctor of Ministry

It is a well-known phenomenon in America that many young adults are disengaged from the Church, at the same time they are battling internal emotional conflicts while trying to understand their faith journey. Even though most of them grew up in the Church, participated in church programs, and learned about God, they are anxious, lonely, and struggling to discover their spiritual identity. What then, what are we missing? After conducting an anonymous online survey with Korean American young adults and gathering narrative research from Korean American young adults as well as Asian American English Ministry pastors, this paper explores the …

Interprofessional Collaborative Attitudes: Comparing Social Work Learners To Their Medicine And Nursing Peers, Joseph Bartholomew, Marcia Mount French, Hea-Won Kim

Florida Public Health Review

Interprofessional learning activities in higher education aim to unite healthcare professionals in their future practice, thus reducing duplication and fragmentation of services. This study uses a social learning perspective to examine advanced practice medicine, nursing, and social work learners’ attitudes toward interprofessional education and collaborative practice activities within their university programs. The authors used a cross-sectional design to administer a questionnaire that included the Interprofessional Attitudes Scale (IPAS) to 151 advanced practice health care learners (internal medicine residents, nurse practitioner students, master’s-level social work students). Findings indicated significant differences in three subsections of the IPAS. Social work learners possessed a …

Evaluating Evaluation Policy In The X Foundation, Peter Dahler-Larsen

The Foundation Review

Evaluation policies, which are becoming increasingly important for philanthropic foundations, communicate internally and externally about how evaluations are planned, designed, and managed. An evaluation policy also prescribes how the use of evaluation systematically reflects the mission and role of a foundation. Not much is known, however, about how evaluation policies are developed and changed in practice. Few, if any, foundations have published an evaluation of their evaluation policy. This article, written by an external evaluator, describes how an evaluation policy was developed at a Danish grantmaker committed to supporting innovative methods in human services. Using this foundation as an example, …