Digital Commons Network^™

Vicarious Trauma In The Black Community Due To Police Brutality And Aggressive Policing: How Social Work Clinicians Can Understand And Mitigate The Problem, Sharrion Brown

DSW Capstone Projects

Police brutality and aggressive policing impacts the Black community. Social media and new outlets allow visuals of police brutality and aggressive policing to be shared rapidly. This form of second-hand exposure can cause trauma. The purpose of this study is to explore the adverse mental health outcomes in the Black community due to police brutality and aggressive policing and find ways that social work clinicians can understand and mitigate the problem. This study was conducted because when Black people seek therapeutic services, they are often met with clinicians who invalidate their racial trauma and racial experiences due to second-hand exposure …

“Their Eyes Met At The Same Instant”: The Queer Gothic And Triumphant Romance Of The Price Of Salt, Deirdre Price

Undergraduate Research Awards

The Price of Salt by Patricia Highsmith is a seminal 20th century lesbian text famous for its suspenseful tone, slow burn romance, and narrow escape from the entrappings of the literary modes of mid-century lesbian pulp fiction. The novel provides its reader with a case study in the ways our dominant culture and narratives influence us and how we can push back against them, for it rejects the tendency held by much of English literature written prior to the last quarter of the twentieth century to punish the lesbian at the conclusion of her story for her deviance from the …

Communication Of Values And Morals Through Andrea Della Robbia’S Prudence, Caylin Wigger

Undergraduate Research Awards

Created by Andrea della Robbia in 1475, the circular relief of Prudence, executed in tin-glazed terracotta, exemplifies an intrinsic relationship to religion, morals, and virtues in both medium and subject matter, typical of Renaissance Art. From the development of the della Robbia family workshop, to modern conservation efforts, the della Robbia tin-glazed terracotta method elucidates a timeless and extreme dedication to moral values. The inherent humility of the terracotta, a simple clay dug from the earth, had been recognized even before Andrea created Prudence by close followers of the Christian faith. Not only were the basic elements of Prudence …

Annual Report 2022, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

Mission Statement The Nebraska Center for Justice Research’s (NCJR) mission is “to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety.” Our research focus is to use data, research, and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety in Nebraska with an emphasis on reducing prison overcrowding

The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings

Faculty Publications & Other Works

By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …

Ethical Malpractice, Nadia N. Sawicki

Faculty Publications & Other Works

Traditional claims of medical malpractice arise from deviations from medical standards of care regarding knowledge, professional decision-making, or technical skill. While many standards of ethical behavior are just as firmly rooted in medical custom as these more technical standards, U.S. courts have typically been unwilling to acknowledge ethical violations as compensable breaches of legal duty. This Article poses a question that should be at the forefront of discussions about medical liability in the 21st century – whether malpractice law should evolve to recognize violations of professional ethical norms as a basis for tort liability. In evaluating this question, it draws …

Tort Law Implications Of Compelled Physician Speech, Nadia N. Sawicki

Faculty Publications & Other Works

Abortion-specific informed consent laws in many states compel physicians to communicate state-mandated information that is arguably inaccurate, immaterial, and inconsistent with their professional obligations. These laws face ongoing First Amendment challenges as violations of the constitutional right against compelled speech. This Article argues that laws compelling physician speech also pose significant problems that should concern scholars of tort law.

State laws that impose tort liability on physicians who refuse to communicate a state-mandated message often do so by deviating from foundational principles of tort law. Not only do they change the substantive disclosure duties of physicians under informed consent law, …

Compelled Speech And Proportionality, Alexander Tsesis

Faculty Publications & Other Works

This Article argues for a proportional First Amendment approach to compelled speech jurisprudence. It discusses the evolution of doctrine and how it led to recent opinions finding unconstitutional consumer protection, health disclosure, and collective bargaining statutes. In place of the currently formalistic approach, the Article argues for a transparent balancing of interests to avoid litigants’ opportunistic reliance on categorical First Amendment doctrines. Missing from the recent decisions that relied on the compelled speech doctrine is any systematic or contextual weighing of private and public concerns about disclosure regulations. The Roberts Court has been rather formalistic and categorical in its compelled …

Confronting Intellectual Property Nationalism, Cynthia M. Ho

Faculty Publications & Other Works

Stories about nations engaging in vaccine (and medical) nationalism by hoarding limited COVID-19 vaccines and treatments are widespread, but there is a hidden phenomenon that has exacerbated vaccine nationalism and prolonged the pandemic: intellectual property nationalism or “IP nationalism.” This Article coins and explains this term and highlights its negative impacts. Essentially, some nations, primarily of the Global North, are hoarding essential knowledge protected by intellectual property (IP). This Article argues that IP nationalism has contributed to millions of unnecessary deaths and limited the growth of the global economy. Meanwhile, countries and pharmaceutical companies obscure the role of IP nationalism …

Interring The Unitary Executive, Christine Chabot

Faculty Publications & Other Works

The President's power to remove and control subordinate executive officers has sparked a constitutional debate that began in 1789 and rages on today. Leading originalists claim that the Constitution created a “unitary executive” President whose plenary removal power affords her “exclusive control” over subordinates' exercise of executive power. Text assigning the President a removal power and exclusive control appears nowhere in the Constitution, however, and unitary scholars have instead relied on select historical understandings and negative inferences drawn from a supposed lack of independent regulatory structures at the Founding. The comprehensive historical record introduced by this Article lays this debate …

Locking Down "Reasonable" Cybersecurity Duty, Charlotte A. Tschider

Faculty Publications & Other Works

Following a data breach or other cyberattack, the concept of “reasonable” duty, broadly construed, is essential to a plaintiff’s potential causes of action, such as negligence, negligence per se, breach of contract, breach of fiduciary duty, and any number of statutory claims. The impact of an organization’s discretionary choices, such as whether to take specific security steps for a system, may result in potential risk to an individual, another organization, or the organization itself. Although organizations regularly engage in cybersecurity risk analysis, they may not understand what practices will be considered reasonable in a court of law and are therefore …

Something Rots In Law Enforcement And It's The Search Warrant: The Breonna Taylor Case, Blanche Bong Cook

Faculty Publications & Other Works

When police rammed the door of Breonna Taylor’s home and shot her six times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the warrant, it is also about the legality of the circumstances that facilitated her killing. Police officers lying to obtain warrants and magistrates rubber stamping facially defective warrants are the stories of individual failings. This article examines a weightier structural issue: how the Supreme Court …

Good Intentions: Administrative Fiat And The General Welfare Exclusion, Samuel D. Brunson, Christian A. Johnson

Faculty Publications & Other Works

Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless Congress explicitly exempted the income from taxation. But in the income tax’s second decade, the Bureau of Internal Revenue created an exception to the broad reach, an exception not grounded in any type of Congressional enactment. The Bureau’s practice of excluding certain benefits began innocuously in the late 1930s by excluding certain social security benefits from gross income. Over the decades, the IRS has used what it now refers to as the “general welfare exclusion” to exclude …

Pick The Lowest Hanging Fruit: Hate Crime Law And The Acknowledgment Of Racial Violence, Jeannine Bell

Faculty Publications & Other Works

The US. has had remedies aimed at racial violence since the Ku Klux Klan Act was passed in the 1870s. Hate crime law, which is more than thirty years old, is the most recent incarnation. The passage of hate crime law, first at the federal level and later by the states, has done very little to slow the rising tide of bigotry. After a brief discussion of state and federal hate crime law, this Article will critically examine the country's approach to hate crime. The article will then discuss one of the most prevalent forms of hate crime—bias-motivated violence that …

A Pop Culture Guide To Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

Antitrust is having quite a moment. New competition cases and investigations abound in the United States and around the world, challenging the dominance of tech platforms and other powerful firms. There are numerous legislative changes under consideration. The new Presidential Order on competition1 and other proposals for change all indicate additional changes are coming. But is antitrust also being depicted in popular culture in a way that fairly reflects the law and its current relevance?

More importantly, where can you go for a good movie, TV show, book, or Broadway show about the area of law that has been called …

Locking Down 'Reasonable' Cybersecurity Duty, Charlotte A. Tschider

Faculty Publications & Other Works

Following a data breach or other cyberattack, the concept of “reasonable” duty, broadly construed, is essential to a plaintiff’s potential causes of action, such as negligence, negligence per se, breach of contract, breach of fiduciary duty, and any number of statutory claims. The impact of an organization’s discretionary choices, such as whether to take specific security steps for a system, may result in potential risk to an individual, another organization, or the organization itself. Although organizations regularly engage in cybersecurity risk analysis, they may not understand what practices will be considered reasonable in a court of law and are therefore …

Assessing The Accuracy And Deficits Of Popular Drug-Interaction Software Programs In Detecting Interactions Between Cannabis And Pharmaceutical Drugs, Nathan C. Ramsbacher

Undergraduate Theses, Professional Papers, and Capstone Artifacts

- Purpose – The management of drug interactions in healthcare is a large concern for pharmacists and other healthcare professionals, especially for patients requiring large amounts of medications. Healthcare professionals and patients alike utilize drug-interaction software programs (DISPs) frequently to manage medications and make clinical decisions. There is a large discrepancy between DISPs in terms of detecting clinically significant drug interactions. Notably, cannabis does not flag as an interaction as reliably as pharmaceutical drugs on many DISPs. With rising cannabis use in the United States, patients deserve to make decisions on how to safely use cannabis with their prescription drugs …

Roots To Reasons: A Podcast Series - Emotional, Intellectual, & Substantive Environmental Conversations, Abigail Vogt, Damara Stewart, Sarah Griffin, Rowan Ulrigg, Sierra Franklin, Cara Shepard

Undergraduate Theses, Professional Papers, and Capstone Artifacts

As six students of the Resources and Sustainability Global Theme of the Franke GLI program our capstone project addresses the need for emotional, intellectual and substantive environmental conversations, a lack thereof we all have observed in our studies and daily lives. We conducted research of scholarly sources that found experience, upbringing, biases, and emotions are influencers of a person’s attitude and behavior toward the environment and climate change. Attitude is expressed through a person’s morals that inform behavior. The topics of environment and climate change are largely interpreted and expressed through pathos, which is easily manipulated by social media, marketing, …

The Future Of Food Production At Um: Learning From The Past & Envisioning The Future Of Campus Gardens, Elizabeth Todd

Undergraduate Theses, Professional Papers, and Capstone Artifacts

From 2010 to 2022, the Lommasson garden was a 3,600 square feet plot of land on the University of Montana’s campus in Missoula, Montana. The space produced mixed vegetables, herbs, native plants, a beehive, and seasonal duck occupants. It was used for educational purposes, internships, and employment, including 2-6 garden interns each year. In spring 2022, the garden was demolished to make room for a new campus dining hall and the start of a new student life center. Having a space centrally located on a college campus is a great way to promote healthy eating, teach students about food system …

Occupational Therapy Practitioners' Role In Advocating For Access To Transportation, Emily Rindermann Ots, Nancy J. Dooley Phd., Otr/L, Cdp

Occupational Therapy Doctorate Capstones

Brookline, Massachusetts is a town neighboring Boston with a population of 63,191 (Census, 2020). The age-friendly town of Brookline provides extensive public transportation opportunities and services to engage in community mobility, with access to trains, trolleys, and buses. In 2020, 20.9% of Brookline residents were over the age of 60. As people age, the importance of access to transportation, public or private, becomes exponentially more important to their independence, freedom, and quality of life. Due to limitations with mobility, cognition, and other physical implications related to aging, many older adults may choose to not use public transportation. The issue at …

Development Of A Career Skills Training Program For Adults With Down Syndrome, Lydia Gruber Ots, Rebecca Simon Edd, Otr/L, Faota

Occupational Therapy Doctorate Capstones

Unemployment rates across the globe for persons with disabilities (PWD) are disproportionately higher than rates for the typical population. As of September 2020, the unemployment rate for adults with disabilities in the United States was over 13%. Individuals with disabilities as a collective are comprised of many domains, including physical disabilities or intellectual or developmental disabilities (IDD). Statistics pulled from the results of the National Core Indicator’s Adult Consumer Survey showed that only 16% of individuals with Down syndrome (DS) 18 years and older were employed, which corroborates the information provided by the U.S. Department of Labor. While the employment …

Comparing Mean & Peak Barbell Velocity During Traditional And Accentuated Eccentric Loaded Back Squats, Zach S. Schroeder, Lauren K. Marshall, Lea C. Katanick, Brookelyn A. Campbell, Conor J. Cantwell, Christopher B. Taber, Timothy J. Suchomel

Exercise Science Faculty Publications

MV: There were statistically significant main effects present for both condition (p = 0.002; g = 0.10-0.23) and load (p < 0.001; g = 0.95-3.93). However, the condition x time interaction effect was not statistically significant (p = 0.259). • PV: There were statistically significant main effects present for both condition (p = 0.016; g = 0.11-0.23) and load (p < 0.001; g = 0.42-1.6), but there was no statistically significant condition x time interaction effect (p = 0.101). • Post hoc analysis indicated that there was a significant difference between MV (p = 0.006) and PV (p = 0.032) between the traditional and 100% AEL conditions. • Moderate effect sizes were found with MV between the traditional and 100% AEL conditions at both 70% CON (g = 0.55) and 80% CON (g = 0.70). • No practically significant differences were found for PV.

Qualified Immunity, Supervisor Liability, And Gender Violence: Barriers To Accountability, Julie Goldscheid

California Western Law Review

No abstract provided.

Anatomical Diagrams And Dolls: Guidelines For Their Usage In Forensic Interviews And Courts Of Law, Victor Vieth

Mitchell Hamline Law Review

No abstract provided.

A New Reality: Deepfake Technology And The World Around Us, Molly Mullen

Mitchell Hamline Law Review

No abstract provided.

Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, Kim D. Ricardo

Mitchell Hamline Law Review

No abstract provided.

Inefficient Mercy: The Procedural, Constitutional, And Prudential Issues That Plague Minnesota's Pardoning Process, Maddie Post

Mitchell Hamline Law Review

No abstract provided.

How The Americans With Disabilities Act Of 1990 Continues To Fail The Deaf And Hard Of Hearing, Maria Nowak

Mitchell Hamline Law Review

No abstract provided.

The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson

Mitchell Hamline Law Review

No abstract provided.

Barring Methadone Behind Bars: How Prisons Err When Denying Methadone Treatment To Inmates With Opioid Use Disorder, Julia Durst

Mitchell Hamline Law Review

No abstract provided.