Digital Commons Network^™

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.

Student Perspectives

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Leveling The Playing Field In Custody Proceedings In New York City Family Court: Enforcing The Rights Of All Parents To Notice And An Unbiased Opportunity To Enforce Their Fundamental Right To Parent Their Child, Dana Gambardella

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Administration for Children's Services (ACS) in New York City systematically fails to notify non-respondent fathers, particularly Black fathers, of their rights and opportunities to participate in child welfare proceedings. This practice violates their fundamental constitutional right to parent and disproportionately affects low-income Black families, perpetuating racial and economic disparities in the child welfare system. The note advocates for systemic reforms, including increased accountability for ACS and the establishment of a private right of action for aggrieved parents.

How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.

The Ballad Of The "White" Collar Criminal: An Examination Of The Intersection Of Race And Gender In Federal White-Collar Sentencing And Possible Implications Of The Findings, Taylor Tesher

Cardozo Journal of Equal Rights & Social Justice

The note argues that racial and gender disparities exist in federal white-collar crime sentencing, particularly affecting Black women, who often receive harsher sentences compared to their white counterparts. It highlights cases like Felicity Huffman and Kelley Williams-Bolar to illustrate these disparities and calls for reforms to address the lack of transparency and consistency in sentencing.

Blackouts And Holes: Analyzing Cross-Market Geographic Mergers In The Healthcare Services Market, Hankyul Song

Cardozo Journal of Equal Rights & Social Justice

The note examines the impact of hospital mergers, particularly crossmarket mergers, on healthcare costs and competition. It argues that while such mergers may offer efficiencies, they often lead to increased bargaining power for hospitals, higher prices for healthcare services, and reduced competition. The analysis highlights the challenges antitrust authorities face in assessing the anticompetitive effects of crossmarket mergers, as current legal and economic frameworks do not fully account for these complexities. The note advocates for a more nuanced approach to evaluating mergers and suggests expanding the scope of antitrust analysis to better address these issues.

Writing Through A Place, Elsa Nekola

Yalobusha Review

A Conversation with Elsa Nekola

Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark

Montana Law Review

No abstract provided.

Hensley V. Montana State Fund: A Shift In The Grand Bargain Of Workers’ Compensation, Brian Hagan

Montana Law Review

No abstract provided.

State V. Christensen: Criminalizing Medical Malpractice, Spencer Pedemonte

Montana Law Review

No abstract provided.

Staff Matters: Attracting Qualified Candidates, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

In the current competitive job market, dental practices face challenges in recruiting qualified staff. This Staff Matters column explores strategies to stand out and attract candidates, addressing the impact of the "great resignation" and the projected growth in dental openings. Suggestions include offering part-time positions for increased flexibility, considering evening appointments, providing additional benefits like childcare support, attending to the practice's image through positive online reviews and marketing, and building a future workforce through partnerships with educational institutions.

The Classification Of Scoliosis Braces Developed By Sosort With Srs, Ispo, And Posna And Approved By Esprm., Stefano Negrini, Angelo Gabriele Aulisa, Pavel Cerny, Jean Claude De Mauroy, Jeb Mcaviney, Andrew Mills, Sabrina Donzelli, Theodoros B. Grivas, M Timothy Hresko, Tomasz Kotwicki, Hubert Labelle, Louise Marcotte, Martin Matthews, Joe O'Brien, Eric C. Parent, Nigel Price, Rigo Manuel, Luke Stikeleather, Michael G. Vitale, Man Sang Wong, Grant Wood, James Wynne, Fabio Zaina, Marco Brayda Bruno, Suncica Bulat Würsching, Yilgor Caglar, Patrick Cahill, Eugenio Dema, Patrick Knott, Andrea Lebel, Grigorii Lein, Peter O. Newton, Brian G. Smith

Manuscripts, Articles, Book Chapters and Other Papers

PURPOSE: Studies have shown that bracing is an effective treatment for patients with idiopathic scoliosis. According to the current classification, almost all braces fall in the thoracolumbosacral orthosis (TLSO) category. Consequently, the generalization of scientific results is either impossible or misleading. This study aims to produce a classification of the brace types.

METHODS: Four scientific societies (SOSORT, SRS, ISPO, and POSNA) invited all their members to be part of the study. Six level 1 experts developed the initial classifications. At a consensus meeting with 26 other experts and societies' officials, thematic analysis and general discussion allowed to define the classification …

The Fair Housing Problem With Accessory Dwelling Units In California, Kylene B. Hernandez

Chapman Law Review

"California and unaffordability are effectively synonymous. Living in California is a misnomer for most people, and to say one is surviving/em> in California is even a stretch. With an exceptionally high cost of living and not enough housing to meet the needs of the state’s total population,2 it is no wonder that “even California’s least expensive housing markets are more expensive than [the national] average.”3 As California’s housing crisis continues to worsen,4 housing advocates continue to push forward innovative strategies to create “new housing units for all income levels” throughout the state.5 One recent strategy is the building of accessory …

Reframing Rfra: Why Considering Third-Party Harm Is Essential To Determine Whether Religious Exemptions To The Affordable Care Act’S Contraceptive Mandate Impose A Substantial Burden On Religion, Jessica Marsella

Chapman Law Review

Despite the well-documented benefits of widespread access to contraceptives, there are a number of religious exemptions and religious accommodations to the Affordable Care Act’s (ACA) contraceptive mandate, which make accessing contraceptives more difficult or may prevent such access altogether. The validity of such exceptions and accommodations have reached the Supreme Court numerous times. A common theme in all of these challenges, however, is the lack of consideration that granting the exemptions or accommodation has on others. This Note primarily focuses on the religious exemptions to the contraceptive mandate and will explore how the Supreme Court’s treatment of such exemptions and …

Youth-Led Resilience Promotion During Disaster Recovery: A Proposed Framework, Innovative Program, And Lessons Learned, Shane Mccarty, Kyle Pacque, Alyssa J. Gatto, Kaylynn Hill, Ruby Charak

Psychological Science Faculty Publications

Objective: Disasters, such as a school shooting or a global pandemic, harm psychological health and necessitate recovery. To complement adult-led disaster recovery and traumaspecific approaches, we propose a Youth-Led Resilience Promotion (YLRP) framework focusing on: 1) multi-tiered change, 2) resilience goals, 3) a promotion mindset, 4) youth strengths, 5) prosocial behaviors, and 6) capacity building through partnerships. The YLRP framework guided the development of a YLRP program in the aftermath of the Chardon High School shooting in Chardon, Ohio, which is detailed in a case study.

Method: As part of a Community-Academic Partnership, twenty college student trainers delivered a …

Examining 24-Hour Activity And Sleep Behaviors And Related Determinants In Latino Adolescents And Young Adults With Obesity, Erica G Soltero, Neeku Navabi, Kiley B Vander Wyst, Edith Hernandez, Felipe G Castro, Stephanie L Ayers, Jenny Mendez, Gabriel Q Shaibi

Children’s Nutrition Research Center Staff Publications

Background.

Few studies have examined 24-hour activity and sleep behaviors and their contribution to type 2 diabetes (T2D) in Latino adolescents and young adults with obesity.

Aim.

This study included quantitative data on T2D risk and 24-hour activity and sleep behaviors and qualitative data on individual, social, and environmental behavioral determinants.

Method.

A 7 day, 24-hour, wrist-worn accelerometer protocol assessed moderate-to-vigorous physical activity (PA), sedentary behaviors (SB), sleep, and sleep regularity, in adolescents (N = 38; 12–16 years) and young adults (N = 22; 18–22 years). T2D-related outcomes included adiposity (BMI, BF%, waist circumference), fasting, and 2-hour glucose. …

The Politics Of Temporary Protection Schemes: The Role Of Mexico’S Tvrh In Reproducing Precarity Among Central American Migrants, Carla Angulo-Pasel

Political Science Faculty Publications

Using Mexico’s Tarjeta de Visitante por Razones Humanitarias (TVRH) as a primary case study, this article examines how states can use temporary protection schemes as border security measures while claiming to provide protection. Although the TVRH offers a legal pathway and status to move within Mexico, it equally restricts certain rights due to its temporary nature. It becomes a form of differential inclusion by which the state has the right to be able to “exclude and define the limits” of a particular population but also claim inclusion on humanitarian grounds. Despite the claim of protecting migrants, the application of this …

Food Assistance Use Among Food Bank Clients Affected By Type 2 Diabetes, Eliza Short, Jayati Sharma, Debbe I Thompson, Douglas Taren, Rhonda Gonzalez, Melanie Hingle

Children’s Nutrition Research Center Staff Publications

Objective: To understand the perspectives of food bank clients affected by type 2 diabetes (T2DM).

Design: Semi-structured in-depth interviews conducted with food bank clients.

Setting: Arizona regional food bank.

Participants: Twenty English- and Spanish-speaking food bank clients with T2DM or living with a person with T2DM, aged 45-83 years, majority female, Hispanic, and food insecure.

Phenomenon of interest: Food bank use and preferences, and how these related to T2DM management.

Analysis: A hybrid thematic analysis combining inductive and deductive reasoning.

Results: Three organizing themes emerged from the analysis. First, food assistance was influenced by food preferences and the ability to …

Trans Fatty Acid Biomarkers And Incident Type 2 Diabetes: Pooled Analysis Of 12 Prospective Cohort Studies In The Fatty Acids And Outcomes Research Consortium (Force), Heidi T M Lai, Fumiaki Imamura, Andres V Ardisson Korat, Rachel A Murphy, Nathan Tintle, Julie K Bassett, Jiaying Chen, Janine Kröger, Kuo-Liong Chien, Mackenzie Senn, Alexis C Wood, Nita G Forouhi, Matthias B Schulze, William S Harris, Ramachandran S Vasan, Frank Hu, Graham G Giles, Allison Hodge, Luc Djousse, Ingeborg A Brouwer, Frank Qian, Qi Sun, Jason H Y Wu, Matti Marklund, Rozenn N Lemaitre, David S Siscovick, Amanda M Fretts, Aladdin H Shadyab, Joann E Manson, Barbara V Howard, Jennifer G Robinson, Robert B Wallace, Nick J Wareham, Yii-Der Ida Chen, Jerome I Rotter, Michael Y Tsai, Renata Micha, Dariush Mozaffarian, Fatty Acids And Outcomes Research Consortium (Force)

Children’s Nutrition Research Center Staff Publications

Objective: Trans fatty acids (TFAs) have harmful biologic effects that could increase the risk of type 2 diabetes (T2D), but evidence remains uncertain. We aimed to investigate the prospective associations of TFA biomarkers and T2D by conducting an individual participant-level pooled analysis.

Research design and methods: We included data from an international consortium of 12 prospective cohorts and nested case-control studies from six nations. TFA biomarkers were measured in blood collected between 1990 and 2008 from 25,126 participants aged ≥18 years without prevalent diabetes. Each cohort conducted de novo harmonized analyses using a prespecified protocol, and findings were pooled using …

Identification Of Genetic Loci Simultaneously Associated With Multiple Cardiometabolic Traits, Alexis C Wood, Amit Arora, Michelle Newell, Victoria L Bland, Jin Zhou, Nicola Pirastu, Jose M Ordovas, Yann C Klimentidis

Children’s Nutrition Research Center Staff Publications

Background and aims: Cardiometabolic disorders (CMD) arise from a constellation of features such as increased adiposity, hyperlipidemia, hypertension and compromised glucose control. Many genetic loci have shown associations with individual CMD-related traits, but no investigations have focused on simultaneously identifying loci showing associations across all domains. We therefore sought to identify loci associated with risk across seven continuous CMD-related traits.

Methods and results: We conducted separate genome-wide association studies (GWAS) for systolic and diastolic blood pressure (SBP/DBP), hemoglobin A1c (HbA1c), low- and high- density lipoprotein cholesterol (LDL-C/HDL-C), waist-to-hip-ratio (WHR), and triglycerides (TGs) in the UK Biobank (N = 356,574-456,823). Multiple …

Β-Carotene Oxygenase 2 Genotype Modulates The Impact Of Dietary Lycopene On Gene Expression During Early Tramp Prostate Carcinogenesis, Nancy E Moran, Jennifer M Thomas-Ahner, Joshua W Smith, Ceasar Silva, Noor A Hason, John W Erdman, Steven K Clinton

Children’s Nutrition Research Center Staff Publications

Background: Epidemiologic studies suggest lycopene and tomato intake are inversely associated with human prostate cancer incidence. In the genetically driven murine prostate carcinogenesis model transgenic adenocarcinoma of the mouse prostate (TRAMP), prostate cancer is inhibited by feeding of lycopene or tomatoes, and these effects are modulated by the β-carotene oxygenase 2 (Bco2) genotype.

Objective: We sought insight into this interaction through evaluation of prostate gene expression patterns during early TRAMP carcinogenesis.

Methods: Three-week-old TRAMP/+ or TRAMP/- × Bco2+/+ or Bco2-/- mice were fed a control, lycopene beadlet, or 10% tomato powder-containing semipurified diet (providing 0, 384 and 462 mg lycopene/kg …

Metabolic Inflexibility In Youth With Obesity: Is It A Feature Of Obesity Or Distinctive Of Youth Who Are Metabolically Unhealthy?, Nour Y Gebara, Joon Young Kim, Fida Bacha, Sojung Lee, Silva Arslanian

Children’s Nutrition Research Center Staff Publications

Background:

Individuals with obesity have metabolic inflexibility with diminished fasting fat oxidation and blunted increase in respiratory quotient (RQ) in insulin-stimulated states. However, it is unclear if metabolic inflexibility is a characteristic of obesity per se or is unique to youth who have metabolically unhealthy obesity (MUO) compared with metabolically healthy obesity (MHO).

Objective:

We investigated metabolic flexibility in youth with MUO, MHO and normal weight (NW) and compared their metabolic characteristics.

Patients/Design:

Youth (n=188) were divided, based on cut-off points for in vivo insulin sensitivity (IS) of adolescents with NW, into 137 with MUO and 51 with MHO. Fasting …

White Sponge Nevus: Case Report, David M. Walton Bs, Daria Vaislyeva Dds, Louis Mandel Dds

The New York State Dental Journal

White sponge nevus (WSN) is a rare autosomal dominant asymptomatic keratotic disorder. A case report is presented of a 28-year-old male with a long-standing asymptomatic and widespread oral mucous membrane keratosis. A diagnosis of WSN was made based on his clinical history, the characteristic appearance of the lesion, and the histopathology.

Employment Law Madness, New York City Style, Lance Plunkett Jd, Llm

The New York State Dental Journal

The growing complexity of employment law

Effects Of New York State’S Medicaid Orthodontic Policy Changes On Approved Orthodontic Treatment Complexity, June Harewood Dds, Ma, Ms, Karolina Kister Dmd, Phd, Lynn Tepper Phd, Edd, Hassan M. Khan Dmd, Mbe, Ms, Jing Chen Dds, Phd, Christine O'Hea Dmd, Msc, Thomas Hoopes, Sunil Wadhwa Dds, Phd

The New York State Dental Journal

The purpose of this study was to analyze how 2013 New York State Medicaid legislation that introduced HLD index affected orthodontic Medicaid treatment approval affected orthodontic Medicaid treatment approval. Eighty-six patients pre-2013 and eighty-six post-2013 were selected from a single academic center. The number of patients who auto-qualified post-2013 significantly increased (58 vs 39, p=0.006). For the patients who did not auto-qualify there was a significant increase (p=0.017) in HLD scores post-2013 (31.38) compared to pre-2013 (13.34). Fifty-one percent of the patients approved pre -2013 would not have qualified for coverage under the current policy.

Severe, Refractory Insulin Edema With Cardiopulmonary Congestion Requiring Multiple Treatment Modalities In An Adolescent With Known Type 1 Diabetes, Meghan E. Pauley, Suyuan Tan, Gita Sikand, Erin C. Cobry

Student Publications

No abstract provided.

It Is Not The Time To Relax Yet: Masks Are Still Needed For The Omicron Variant Of Sars-Cov-2, Scott Lowe, Ruijin Xie, Yue Chen, Yifan Shen, Chenyu Sun

Student Publications

No abstract provided.

When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence

Fordham Law Review

This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.

Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu

Fordham Law Review

The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and brought to market as soon as possible. Although accelerated approval has led to the availability of new treatments for patients with few other options, this Note argues that, today, the FDA grants accelerated approval too hastily and may be …