Digital Commons Network^™

Unreasonable Accommodations: Staple V. School Board Of Broward County And The Case For The Interactive Process In Title Vii Accommodations, M. Thomas Yang

Missouri Law Review

When Congress enacted the Americans with Disabilities Act (ADA) in 1990, it envisioned a unique dispute resolution mechanism within the statute—the interactive process. Under this process, when an employee requests an accommodation from an employer, the two must “work together to assess whether an employee’s disability can be reasonably accommodated.” Although the term “interactive process” does not appear in the ADA’s text, the Equal Employment Opportunity Commission (EEOC) interpreted Congress’s intent and incorporated the interactive process into its regulations to guide disability accommodations. Strangely though, Title VII, which governs religious accommodations, does not include the interactive process in its text …

Fighting To Teach, Struggling To Stay: Prevalent Challenges Within Mississippi's K-12 Public Education System And Recommendations For Solving The Most Acute Issue, Faith Hall

Florida A & M University Law Review

No abstract provided.

Beyond The Classroom: Publics Schools As An Essential To Economic And Legal Reform, Oliver Telusma

Florida A & M University Law Review

No abstract provided.

Education For Democratic Citizenship: Separating Purpose From Outcomes, Anne Jegede

Florida A & M University Law Review

American education is failing minority and indigent students because it disproportionately prioritizes academic achievement and economic success over creating democratic citizens and cultivating essential skills such as critical thinking, civic engagement, and cultural understanding.

Policing An Education: Legal And Policy Drivers Of The School-To-Prison Pipeline In Florida Public Schools, Ky'eisha W. Black

Florida A & M University Law Review

No abstract provided.

Hydrogeochemical And Redox Controls On Nitrate And Arsenic Co-Occurrence In The Western Kansas High Plains Aquifer (Usa): A Composite Health Risk Assessment And The Case For Risk-Informed Private Well Governance, Jonathan Kuffour Owusu

Master's Theses or Doctor of Nursing Practice

Fifty-one private domestic wells across western Kansas were sampled to quantify nitrate and arsenic occurrence, identify geochemical controls, and evaluate carcinogenic and non-carcinogenic health risks for adult and child receptors in a region where groundwater serves as the primary drinking water source with no routine regulatory oversight. Samples were analyzed for major ions, nutrients, and trace elements by ICP-MS, ion chromatography, and UV-Vis spectrophotometry. Shapiro-Wilk testing confirmed non-normal distributions for both contaminants; inter-county comparisons were therefore conducted using Kruskal-Wallis tests with Dunn's post-hoc correction. Health risk was quantified via chronic daily intake (CDI), hazard quotient (HQ), HQ-based Water Quality Index …

Democratizing Health Data: A Legal Framework For Privacy-Preserving, Government-Led Ai Collaboration, Nicole Nigri

Cybaris®

No abstract provided.

News From The States, Blake Denton

The Southeastern Librarian

No abstract provided.

The Evolving Jacd, Toni Roucka

Journal of the American College of Dentists

The Editorial is a feature in each issue of the JACD. It includes commentary on issue content, relevant topics, or other items of interest to the fellowship.

Innovative Strategies For Incorporating Clinical Experiences Into An Rn To Bsn Program, Angie Hensley, Jessica Rice, Brooke Kuns-Adkins

Nursing Faculty Publications

Curricula for Registered Nurse to Baccalaureate (RN to BSN) programs need to enhance nurse’s scope of practice, critical reasoning, and analytical skills. The purpose of this paper is to demonstrate how one RN to BSN program innovatively integrated clinical experiences into the curriculum.  Students enrolled in the RN to BSN program were required to complete 40 hours of an on-site practice experience that integrated classroom learning with direct clinical experiences incorporated into the Capstone course.

Adult Tobacco Product Use Patterns Across The Urban–Rural Continuum: The Longitudinal Population Assessment Of Tobacco And Health (Path) Study, 2016–2023, Jing Zhang, Shyanika W. Rose, Ellen J. Hahn, Megan E. Roberts, Bethany Shorey Fennell, Jenny E. Ozga, Seth Himelhoch, Saber Feizy, W. Jay Christian, Amanda Thaxton Wiggins, Melissa Abadi, Delvon T. Mattingly, Mary Kay Rayens

Nursing Faculty Publications

Purpose: To determine the association between adult tobacco/nicotine product use over time and residence location (urban, suburban, town, rural), controlling for demographics.

Methods: Data from Waves 4–7 (2016–2023) of the Population Assessment of Tobacco and Health (PATH) study (N = 18,590 adults) were analyzed using survey-weighted logistic regression to evaluate location and time differences in likelihoods of current, daily, and established use of combustible tobacco, electronic nicotine delivery systems (ENDS), smokeless products, and poly use (≥2 products).

Findings: Compared to those residing in urban locations, suburban residents were less likely to report current (adjusted odds ratio (aOR) …

Association Between Perioperative Patient-Reported Outcomes And Upper Extremity Functional Performance In Degenerative Cervical Myelopathy, Harshit Arora, Hassan Darabi, Vishwajeet Singh, Aysha Alsahlawi, Jared T. Wilcox, Francis Farhadi

Neurosurgery Faculty Publications

Background: Degenerative cervical myelopathy (DCM) is caused by chronic compression of the cervical spinal cord. Individuals usually present with a combination of upper extremity dysfunction, imbalance, and bladder dysfunction, which impact overall quality of life. Various questionnaires like mJOA, Nurick, NDI, and DCM-72 have been used for disease stratification. Our study aims to evaluate the clinical correlation between self-reported measures and objective upper extremity assessments and to derive the minimal clinically important difference (MCID) for individuals with DCM.

Methods: A prospective two-center study of consecutive patients diagnosed with DCM was undertaken. A comprehensive assessment of upper extremity functioning including dexterity, …

Abca12 Frameshift Deletion In Domestic Cats With Ichthyosis Fetalis, Jeanna M. Blake, Melissa P. Swan, Kari J. Ekenstedt

Veterinary Science Faculty Publications

Background: Ichthyosis fetalis (IF), also known as harlequin ichthyosis, is a rare and often fatal autosomal recessive congenital skin disorder. It is characterized by thickened, hard skin plaques and deep skin fissures that limit mobility and cause malformations of the eyes, lips and ears. Affected individuals are highly susceptible to life-threatening infections due to the disruption of the skin's protective barrier. To date, IF and its genetic basis have not been described in domestic cats.

Objectives: To characterize the gross clinical, histopathological and genetic features of IF in two stray, random-bred domestic short-hair (DSH) littermates.

Animals: Two deceased female neonatal …

Associations Between Traumatic Life Events And Substance Use Among Black Men Who Are Incarcerated, Jasmine K. Jester, Brittany Miller-Roenigk, Paris B. Wheeler, Danelle Stevens-Watkins

Educational, School, and Counseling Psychology Faculty Publications

The current study examined associations between traumatic life events, current and lifetime importance of mental health and substance use treatment, and crack cocaine use among 201 Black men who were incarcerated and nearing community reentry. Results indicated age, sexual trauma and lifetime importance of drug treatment were significantly associated with an increased likelihood of crack cocaine use. Substance abuse treatment in correctional settings should consider culturally tailored assessment and treatment for history of unaddressed sexual trauma among Black men who are incarcerated and use crack cocaine.

Art As Medicine: Exploring The Intersection Of African Cultural Practices And Art Therapy To Examine Its Efficacy In Pain Management And Healing Among Black Women With Lupus, Kandace I. Simmons

Art Therapy | Master's Theses

This thesis examined the intersection of chronic illness and systemic inequities faced by Black women living with lupus. These women often encountered unique challenges in managing their health and well-being, exacerbated by both the physical and sociocultural implications of the disease. Through a Black Feminist/Womanist theoretical lens, this research investigated the potential of art therapy to serve as a transformative instrument for pain management and healing when infused with culturally relevant practices. Employing a narrative approach and qualitative methodology, this study explored the lived experiences of African American women with lupus, incorporating their art and personal stories to inform the …

The Use Of Visual Autobiographies In First, Second, And Third-Generation Children Of Immigrants In Navigating Belonging And Identity, Sorprisela Martinez

Art Therapy | Master's Theses

This study explored how autobiographical artmaking supports adolescents of immigrant-origin in understanding identity and sense of belonging through visual and narrative reflection on personal stories. The qualitative research approach was guided by three research questions examining: (1) the ways autobiographical work expresses complexities of immigrant heritage and multiple identities; (2) how narrative lens supports a deeper interpretation of autobiographical expressions; and (3) how adolescents’ understanding of their parents’ migration stories contributes to their own identity formation and self-presentation. Seven adolescents participated in a two-session, arts-based process that included creating autobiographical books, discussion of their images, and reflection on their cultural …

The Institutions Of Exceptions: Justification In Trade And Investment Treaties, Julian Arato

Michigan Journal of International Law

International economic law binds states in the interest of liberalizing markets, including in cross-border trade in goods and services (trade) and capital (investment). The treaty regimes for both trade and investment do this by disciplining states through legal rules, while preserving a modicum of governmental authority over domestic policy. The preservation of policy space in these regimes usually involves a process of exceptions-based justification – through formal exceptions clauses in most trade treaties and some investment agreements, and also through informal exceptions-style reasoning by adjudicators in the investment treaty regime more generally. This “exceptions paradigm” of justification has worked well …

Escape Probability: Rethinking Wartime Protection Of Nuclear Facilities, Pearle M. Lipinski

Michigan Journal of International Law

The 2022 Russian attacks on the Chernobyl and Zaporizhzhia nuclear facilities in Ukraine shocked the international community. Claims that the attacks constituted war crimes immediately entered the public consciousness, and a flurry of opinions were set forth on the international humanitarian law (“IHL”) protections afforded to nuclear plants, focusing on Article 56 of Additional Protocol I of the Geneva Conventions, which provides special protection to nuclear electrical generating stations. These opinions primarily focused on the immediate applicability and shortcomings of Article 56 on the attacks at hand, often operating on the presumption that a massively consequential environmental and humanitarian disaster …

Shrinking Tax Sovereignty In Canada? Evidence From The Income Tax Act, Jinyan Li, Angelo Nikolakakis

Articles & Book Chapters

This paper explores the questions of whether Canadian tax sovereignty has changed, and if so, how and why through examining the Income Tax Act in terms of the major legislative changes and their underlying influences. It finds that while maintaining formal, independent sovereignty, Canada has always borrowed foreign ideas, rules and policies when they serve Canadian interests and has recently adopted a more coordinated approach in tackling international tax challenges.

¡Adelante! The Path To Success Community Brief (¡Adelante! El Camino Hacia El Éxito Informe Comunitario), Dina T. Garcia, Jacky Alvarez, Alexia Muñoz-Moctezuma, Kristal Parada, Jorge Piocuda, Pablo De Cuba Soria

Social and Behavioral Sciences Publications

This community brief describes the development, implementation, and impact of ¡Adelante! The Path to Success, a first-year student success course at Virginia Commonwealth University (VCU) designed to support Latine/x/a/o students in their transition to college. Developed through collaboration among faculty, staff, and student support professionals, the course centers community building, identity exploration, wellness, academic success, and career development within a culturally responsive learning environment. Rooted in VCU’s commitment to student success and belonging, Adelante provides structured opportunities for students to connect with peers, mentors, campus resources, and Latine/x/a/o professionals. The brief highlights the program’s origins, ongoing sustainability through the Adelante …

A Gap In The Cybertipline: Electronic Service Provider Liability And Child Safety, Brianna Evans-Sheehan

NYLS Law Review

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The online exploitation of children is a widespread problem that requires immediate action. This Note proposes that Congress …

Revisiting The Faith Trial: A Secondary Analysis Yielding Novel Insights With The Win Ratio, Sofia Bzovsky, Nathan N. O'Hara, Gerard P. Slobogean, Sheila Sprague, Daniel E. Axelrod, Graeme Hoit, Kiara Pannozzo, Mohit Bhandari, Marc Swiontkowski, Emil Schemitsch, Rudolf W. Poolman, The Faith Investigators

Orthopaedic Surgery Faculty Publications

Background: Many orthopaedic trials use any unplanned reoperation as the primary outcome, but this overlooks how patients experience those outcomes. Using a high-quality hip fracture trial, we demonstrate how the relative importance of multiple patient-important outcomes can be effectively incorporated into data analysis, providing a more comprehensive understanding of treatment impact. Methods: This secondary analysis of the Fixation using Alternative Implants for the Treatment of Hip Fracture (FAITH) trial included 1,079 patients aged 50 years or older with a low-energy femoral neck fracture who were randomly assigned to treatment with a sliding hip screw or cancellous screws. The original trial …

Wise Beyond Our Years: Menopause, Negative Body-Image, And Art As A Catalyst To Self-Acceptance, Nicole Lea

Art Therapy | Master's Theses

This mixed methods study examined the impact of menopause on women’s body image and self-acceptance through an arts-based group intervention. Quantitative data was collected using the Body Image Self-Compassion Scale, and qualitative data was gathered through art-making, group discussion, and individual interviews. Participants were (n=5) menopausal women aged 46-52 from the Bay Area who reported negative body image related to menopause. The intervention consisted of four one-hour open studio workshops with a fifth meeting added in which participants created altered books while engaging in peer support and discussion. Descriptive statistics indicated an increase in mean body image self-compassion scores from …

Unpacking And Re-Imagining Dental Ethics With Anti-Oppressive And Interdisciplinary Praxis, Eleanor Fleming Phd, Dds, Mph, Ficd, Facd

Journal of the American College of Dentists

Dental ethics are assumed to be neutral in their intent. With a social contract grounded in liberalism and assumptions centering whiteness, the resulting ethics reinforce hierarchy, otherness, and inequities. Because concepts and practices are rarely neutral, dental ethics is embedded with biases, which results in it falling short of the demands of the 21st century and exacerbating health inequities rather than supporting efforts for health justice. This manuscript invites the reader to reflect critically and re-imagine dental ethics using anti-oppressive and interdisciplinary praxis. For the improvement of public health, the narrowing of inequities, and a functioning oral health system, the …

Dr. William Thomas Green Morton, Civil War Hero, Peter H. Jacobsohn Dds, Facd

Journal of the American College of Dentists

This article examines the overlooked Civil War contributions of Dr. William Thomas Green Morton, the dentist best known as the Father of Surgical Anesthesia. While Morton’s role in introducing ether anesthesia to surgery is well documented, his service as a volunteer anesthetist for the Union Army remains largely unrecognized in Civil War literature. Drawing on contemporary accounts, letters, and eyewitness descriptions, the article highlights Morton’s presence on major battlefields, where he administered ether to thousands of wounded soldiers. His work dramatically reduced surgical pain, improved morale, and marked the earliest example of organized military anesthesia in American history.

Discrepancies In Diagnosis Experience And Ongoing Care Satisfaction Between Pediatric And Adult Type 1 Diabetics (Paper), Hayden Bentz

Honors Capstone Projects

Type 1 Diabetes (T1D) is an autoimmune disease which leads to an eventual stopping of insulin production by the body. The disease requires extensive education, management, and collaboration with a patient’s care provider. As such, the patient’s diagnosis experience and ongoing satisfaction with their provider play a large role in their perceived success in managing the disease. T1D can occur in pediatric and adult populations alike. However, historical bias often caused T1D to be overlooked as a diagnosis in adult populations. As a result, discrepancies between pediatric and adult patients may exist with regards to their diagnosis experience and ongoing …

Regulatory History And Judicial Review, Todd Phillips, Anthony Moffa

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Administrative Procedure Act (APA) requires federal agencies to simply “incorporate in the rules adopted a concise general statement of their basis and purpose” after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are arbitrary and capricious based on agencies’ contemporaneous rationales. Judge-created doctrines incentivize agencies to rely on these “concise” statements to elucidate their rationales, and, as a result, rulemaking preambles have ballooned in size as agencies seek to insulate themselves from critical courts.

This Article contends that although the APA’s statutory requirement is in tension …

Imminent Harm As A Requirement For Forcing Guardianship: Why Guardianship Law Should Follow Civil Commitment Law, Sophia Antonio

Minnesota Law Review Vols. 106:2 onward (2021-present)

Approximately fifteen million adults live with severe mental illness in the United States. They are our neighbors, family, and friends. Often, concerned family members or professionals initiate guardianship proceedings to protect the assets and health of people experiencing severe mental illness. But guardianships subject people to a severe removal of individual rights. Guardians can decide where their ward lives, what medical care they can receive, and who they can associate with.

People experiencing severe mental illness are uniquely ill-suited for an arrangement that restricts their autonomy because it exacerbates their illnesses, and their symptoms are more likely to go into …

The "Miscarriage Of Justice" Exception To Appeal Waiver Enforcement: Debunking And Demystifying The Circuit Split, Bex Warner

Minnesota Law Review Vols. 106:2 onward (2021-present)

Ninety-seven percent of all federal criminal convictions come from a plea agreement, and two-thirds of federal plea agreements contain an appeal waiver. The Supreme Court has held that appeal waivers can be enforced, but not under what circumstances. What happens if a criminal defendant waives their right to appeal and then is sentenced to time incarcerated that is higher than the statutory maximum? Or what happens when a defendant claims counsel was ineffective in giving them advice about entering into the plea agreement? Or when a criminal defendant claims the judge gave them a higher sentence because they are Black? …

Presidential Control Of The Civil Service, Nicholas Bednar

Minnesota Law Review Vols. 106:2 onward (2021-present)

Conventional wisdom treats the federal civil service as largely beyond the President’s reach. This Article challenges that assumption. Legal scholars too often focus on constitutional powers rather than statutory authority. Yet the President has possessed statutory authority to regulate entrance into the civil service and the conduct of federal employees since before the passage of the Pendleton Act. Through detailed case studies spanning recruitment, conduct, unionization, and removal, this Article demonstrates how Presidents routinely alter the structure of the civil service. The analysis shows how Presidents can use this statutory authority to strengthen administrative capacity when used in good faith …