Digital Commons Network^™

The Nlrb’S Authority To Make Workers Whole, Wanny Mei

Fordham Law Review

In December 2022, the National Labor Relations Board (NLRB or the “Board”) announced a modified make-whole remedial framework in Thryv, Inc.For all standard make-whole relief orders, the Board would order relief for direct or foreseeable pecuniary harms that employees suffer as a result of an unfair labor practice. Proponents of this remedial design assert that this is consistent with the Board’s authority under section 10(c) of the National Labor Relations Act (NLRA). On the other hand, opponents find that this design exceeds the Board’s statutory authority and conflicts with the Seventh Amendment right to a jury trial.

This Note …

Recalibrating Deference In Sentencing, Meghana Nemali

Fordham Law Review

The U.S. Sentencing Commission (the “Commission”) is responsible for promoting consistency, transparency, and fairness in federal sentencing. In pursuit of this mandate, the Commission publishes the U.S. Sentencing Guidelines (the “Guidelines”), which are accompanied by official commentary. In Stinson v. United States, the U.S. Supreme Court endowed the commentary with controlling authority. However, nearly three decades later, the Court in Kisor v. Wilkie granted courts greater discretion in deciding whether to defer to the commentary. Moreover, in 2024, the Court eliminated the absolute deference regime for administrative agency determinations in Loper Bright Enterprises v. Raimondo. As a result, …

Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma

Fordham Law Review

Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …

Remote Access Restrictions To Immigration-Related Court Records, Doris H. Zhang

Fordham Law Review

Journalists today often report on newsworthy federal court cases by remotely accessing the court records online. However, thanks to Federal Rule of Civil Procedure 5.2(c), remote access is not available by default in immigration-related cases. To obtain any court records in immigration cases, journalists must go to the courthouse, hire someone to go on their behalf, or ask the court to exercise its discretion to lift the Rule 5.2(c) remote access restrictions. These alternatives are burdensome, hindering the ability of the press and the public to keep track of immigration cases in federal courts. Despite the burdens on the press …

Barriers To Adherence To Standard Precautions Among Community Health Workers: A Scoping Review, Margaret D. Adejumo, Melanie Baker, Davina Porock

Research outputs 2022 to 2026

Aim: This review aims to map available evidence on the adherence level and barriers to standard precautions among home-based community health workers. Methods: A scoping review using the JBI protocol searched multiple databases (Medline, CINAHL, PsycINFO and Web of Science) as well as Google Scholar for published articles on standard precaution practices of community health workers during home visits. Search terms included “standard precautions”, “guideline adherence”, “community health” and “home care”. Two-stage screening (title/abstract and full-text) was conducted to select relevant articles. Results: Eight eligible studies yielded three major themes: home environment context, individual factors and organisational factors. Findings indicated …

Detecting Habitat Use Of Three Endemic Freshwater Fish Of Far Southwestern Australia, Paige Rhiannon Wilson

Theses: Doctorates and Masters

The wetland ecosystems of far southwestern Australia face multiple threats including land clearing, historical cattle grazing, changed hydrology, extensive groundwater extraction, and changed fire regimes. Each is exacerbated by a drying climate, and together they provide a significant challenge to the on-going survival of the freshwater fish in this region particularly fish that are endemic, range restricted, and therefore, more likely to be more vulnerable. This study focuses on three such species: Galaxiella munda, Galaxiella nigrostriata and Lepidogalaxias salamandroides, the latter two of which are known to aestivate.

In order to make conservation decisions regarding management of wetlands for …

Getting Ready Right: The Impact And Influence Of The University Appointed Supervisor, Madlen Griffiths

Theses: Doctorates and Masters

Initial Teacher Education professional experience is a valued component of teacher education courses, where preservice teachers can practise applying what they have learned at university in classroom settings. Key to these experiences are supervisors, who are employed by the university and support these aspiring teachers during their professional experiences. This supervisory role is complex, underrated, under-theorised and under researched. Consequently, this research sought to address this shortfall through an investigation into the perspectives of two of the major stakeholders in these experiences: the preservice teachers and the supervisors.

Adopting a social constructivist methodology, this research examined the stakeholders’ perceptions of …

The Development Of A Midwifery Specific Tool To Identify The Barriers And Enablers To Change Within The Midwifery Setting, Sara Davis

Theses: Doctorates and Masters

Despite being well-positioned to identify service gaps and propose improvements, many midwives lack the knowledge, skills, confidence, or tools to effect practice change. Implementation science (IS) offers a structured approach to moving evidence-based innovations into practice; however, existing IS theories, models, and frameworks do not reflect the unique context of midwifery practice. The first step in the intentional implementation of an evidence-based practice innovation is to conduct a context assessment to identify factors that may facilitate or impede its uptake. There are numerous evidence-based checklists for this, but none capture all the influences on midwifery practice environments.

In this study, …

Exploring Hybrid Chinese-Western Compositional Practices Based On Chinese And Western Film Soundtracks, Jie Hong Yang

Theses: Doctorates and Masters

This thesis explores the development of a hybrid Chinese-Western compositional practice for film scoring, combining a written dissertation (Volume I) with a folio of 80 minutes of original orchestral music (Volume II). Drawing on analyses of Tan Dun’s Crouching Tiger Cello Concerto (2000) and John Powell’s film score for How to Train Your Dragon (2010), the research investigates how Chinese (minzu yinyue) musical elements and Western scoring techniques can be integrated to create a culturally hybrid approach. The project unfolds in two phases: the first focuses on incorporating Chinese musical characteristics into Western frameworks, resulting in 40 minutes …

Advancing Treatment Of Pleural Infection, Estee Pui Mun Lau

Theses: Doctorates and Masters

Introduction: Pleural infection remains a major clinical concern, with an increasing incidence worldwide. The use of intrapleural tissue plasminogen activator (tPA) with deoxyribonuclease (DNase) therapy represents a major breakthrough as it offers an effective alternative to surgery for patients who fail conventional treatment. However, the optimal dosage of tPA is yet to be established. Indwelling pleural catheter (IPC)-related infections, especially IPC-related pleural infections are a significant concern and a barrier to the uptake of IPC. The development of a long-term preventative strategy is imperative to promote uptake and improve the quality of life of patients, particularly in those who have …

Magang Atau Pekerja? Menggugat Status Abu-Abu Tenaga Paruh Waktu Mahasiswa Di Fakultas Hukum Ugm, Patricia Nerissa Krisna Putri, Markus Togar Wijaya

Jurnal Hukum & Pembangunan

This study highlights the controversy surrounding the change in nomenclature for student workers at Gadjah Mada University, particularly within the Faculty of Law. The status of these workers has shifted from 'part-time' to 'student intern'. This unilateral change has created a legal grey area that could lead to students being subjected to disguised employment practices. Using socio-legal research methods, this article examines the validity of the 'internship' status based on the elements of an employment relationship (work, orders and wages) within the labour law regime, analysing it using the theory of structural injustice. The research findings suggest that reclassifying part-time …

Kedudukan Hukum Eks-Kreditor Pasca Debt To Equity Swap Yang Dihomologasi Dalam Pkpu Kedua Dan Kepailitan Debitor Akibat Pembatalan Perdamaian, Reza Rahmawati

Jurnal Hukum & Pembangunan

Debt to Equity Swap (DES) under a composition plan in Suspension of Debt Payment Obligations (PKPU) proceedings constitutes a restructuring mechanism that transforms the legal status of a Creditor into that of a shareholder upon homologation. Legal issues arise when The Debtor subsequently enters a Second PKPU due to newly incurred debts or is declared bankrupt following the annulment of the composition, while Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment does not expressly regulate the legal consequences of a DES under such circumstances. This normative legal research aims to analyze the legal standing and legal …

Omnibus Law Sebagai Strategi Mengatasi Disharmonisasi Peraturan Di Indonesia, Tuti Tri Hastuti S., Zainal Arifin Hoessein

Jurnal Hukum & Pembangunan

This article discusses the challenges in implementing the Omnibus Law (OL) both as a regulatory system and as a tool for harmonizing regulations within Indonesia’s legal positivist tradition and its complex, non-simple regulatory hierarchy, from the perspectives of legislative consolidation theory, regulatory coherence theory, and multilevel regulation theory. This study is based on the assumption that OL, within the framework of legal positivism (norm hierarchy system), faces problems in applying these three theories. The research employs normative juridical and comparative methods, analyzing national regulations and international research findings. The results indicate, first, that the positioning of OL, which does not …

Pertanggungjawaban Perusahaan Pengangkut Pada Tindakan General Average Terhadap Kerugian Kargo Yang Diangkut, Sandra A. M. Lova, Zahry Vandawati Chumaida

Jurnal Hukum & Pembangunan

Maritime transportation plays a vital role in supporting trade, yet risks such as perils of the sea or ship accidents caused by unseaworthiness often lead to disputes, particularly when General Average is declared. This practice, recognized since Roman times, has evolved into a legal concept in marine insurance to distribute deliberate sacrifices made for the safety of the vessel and its cargo. This study aims to analyze the liability of carriers in General Average actions and to evaluate the concept as a fair mechanism for loss distribution. The research employs a normative juridical method with statutory, conceptual, and comparative approaches, …

Constraining Citizenship: Presidential Threshold In Indonesia’S Judicial Framework, Arfan Yanayir Akbar Sabillilah

Jurnal Hukum & Pembangunan

This research critically evaluates the constitutionality of Indonesia's Presidential Threshold as regulated by Article 222 of Law No. 7/2017, requiring political parties or coalitions to secure 20% of DPR seats or 25% of national valid votes for presidential nominations. The term “Presidential Threshold” follows Constitutional Court jurisprudence, distinguishing it from the election threshold in Article 6A(3) requiring 50%+1 votes to win the presidency and the parliamentary threshold in Article 414 requiring 4% of votes for legislative seat allocation. Through normative legal analysis of Constitutional Court decisions No. 51-52-59/PUU-VI/2008, 53/PUU-XV/2017, and 62/PUU-XXII/2024, this study examines 33 judicial reviews from 2017 to …

Kedudukan Putusan Peradilan Etik Sebagai Keputusan Tata Usaha Negara: Studi Kasus Gugatan Hakim Konstitusi Anwar Usman, Satrio Febriyanto

Jurnal Hukum & Pembangunan

As an effort to concretize ethics, there is a process of formalizing ethics into a set of rules through a code of ethics. The code of ethics needs institutional enforcement instruments so that it can be effectively applied through ethical trials. Ethical courts, as institutions that adjudicate violations of the code of ethics, have the authority to issue decisions as a follow-up to cases of violations of the code of ethics that they handle. In carrying out its duties, ethical courts use ethical and moral analysis to assess the appropriateness of an action. This analytical approach differs from legal decisions …

Long-Term Evaluation Of The Energy Consumption Of 100 Energy-Efficient Buildings In Austria, Thomas Roßkopf-Nachbaur, Günter Lang, Martin Ploß, Markus Lang, Andreas Peter, Tobias Hatt, Diana Ürge-Vorsatz, Souran Chatterjee, Luisa F. Cabeza

School of Geography, Earth and Environmental Sciences

In 2019, buildings greenhouse gas (GHG) emissions accounted for 21 % of global emissions, therefore regions such as Europe have strong policies to decrease such emissions. The literature shows different examples simulating energy refurbishment of buildings or districts where an important GHG reduction can be achieved, but there is a clear gap on real measurements of exemplary buildings. This paper shows an assessment of more than 100 energy-efficient buildings in Austria, showing that this GHG emissions reduction is really possible. The paper evaluates residential and non-residential buildings, where the energy consumption was 50 % below the consumption of typical multi-apartment …

Enhancing Monitoring In Protected Areas: Evaluating Mobile Apps As A Tourism Proxy, Jorge Costa, Alberto Gomes, Martin Stokes, Miguel Saraiva

School of Geography, Earth and Environmental Sciences

Crowdsourced data, such as that from mobile fitness apps (MFAs), has the potential to transform tourism research. This opportunity is particularly valuable as tourism to protected areas (PAs) increases, making it more difficult to manage their environmental impacts. However, such data sources come with challenges. Therefore, their representativeness should be carefully evaluated, particularly as their use continues to grow. We use the Paiva Walkways (Portugal) to assess MFAs as a tourism proxy using Spearman’s rank correlation, to evaluate kernel density and fishnet methods for spatialising visitor movements, and to analyse the visitors’ spatiotemporal behaviour using GIS, kernel density estimation, and …

Assessing The Application Of Optical-Photothermal Infrared Spectroscopy For Single-Grain Chemical Palynology, Laura Scoble, Hao Meng, Simon J. Ussher, Mark F. Fitzsimons, Lauren Ansell, Mustafa Kansiz, Billy Simmonds, Nick Stone, Ralph M. Fyfe

School of Geography, Earth and Environmental Sciences

Single-grain pollen analysis is essential for advancing chemical palynology, which classifies morphologically similar taxa based on taxon-specific pollen and sporopollenin chemistry. Fourier-Transform Infrared (FT-IR) spectroscopy and microspectroscopy (μFT-IR) are widely used to differentiate morphologically similar grains but face limitations from Mie scattering and coarse spatial resolution. Here, we present the first application of Optical-PhotoThermal Infrared (O-PTIR) spectroscopy to chemically treated single pollen grains, using Molinia caerulea as a model taxon to fully test and evaluate the technical capabilities and limitations of this technique. O-PTIR achieves sub-micron “super-resolution” infrared spectroscopy through non-contact, non-destructive measurements by exploiting the photothermal effect. O-PTIR spectra …

Who Seeks Help? Characteristics Of Doctors Accessing Mental Health Support In England: 4-Year National Review, Rohit Shankar

Peninsula Medical School

BackgroundMental health difficulties affect the well-being of doctors and compromise the delivery of healthcare. However, large-scale data on doctors’ mental health needs are limited.AimsDescribe patterns of self-referrals for mental health support among doctors in England and explore associations with demographic factors, speciality, neurodevelopmental and mental health indicators.MethodObservational study using data from doctors who self-referred for mental health difficulties to a national service in England over a 4-year period. Logistic regression was used to explore associations between speciality and mental health indicators.ResultsOf the 16 815 doctors who self-referred during the study period, 80% were under the age of 49 and 70.6% …

The Effectiveness Of Digital Therapeutics Intervention In Oral Anticoagulation Management: A Systematic Review And Meta-Analysis, Jiayue Guo, Lili You, Lu Liu, Xitong Jiao, Debasish Kar, Jitendra Jonnagaddala

Peninsula Medical School

Objective: To summarize the key intervention characteristics and evaluate the effectivenessand safety of digital therapeutics (DTx) in patients receiving oral anticoagulation, witheffectiveness evaluated using time in therapeutic range (TTR), thromboembolic events (TEE),and mortality, and safety evaluated based on bleeding events.Patients and Methods: We searched PubMed, Embase, Web of Science, and the CochraneLibrary from inception to June 20, 2025, and identified ten randomized controlled trialsinvolving 7,237 patients. The criteria required studies to assess software-based DTxsupporting anticoagulation management and report effectiveness or safety outcomes. Studyquality was evaluated using the Grading of Recommendations, Assessment, Development,and Evaluation (GRADE) framework, and random-effects models were applied.Results: …

Prevalence And Determinants Of Diabetes-Related Psychological Distress In A Tertiary Care Setting In Tamil Nadu: India: Cross-Sectional Study, Rohit Shankar, Samuel Tromans

Peninsula Medical School

BackgroundDiabetes distress, whereby people with diabetes experience distressing psychological symptoms associated with living with their condition, is an emerging problem in India. Diabetes distress leads to self-care deficits, suboptimal glycaemic control (which can lead to increasing risks of complications) and impaired quality of life.AimsTo determine the burden of diabetes distress and its associated factors in an Indian tertiary care centre in Trichy, Tamil Nadu, India, covering a population of 1.25 million.MethodThis prospective observational study involved a structured questionnaire covering demographic and clinical details, which was given to patients. The Diabetes Distress Scale 17 (DDS-17) was used to assess diabetes distress …

Global Manta And Devil Ray Population Declines: Closing Policy And Management Gaps To Reduce Fisheries Mortality, Betty J.L. Laglbauer, Nidhi G. D'Costa, Joshua D. Stewart, Marta D. Palacios, Melissa Cronin, Daniel Fernando, Nerea Lezama-Ochoa, Asia O. Armstrong, Rima W. Jabado, Sarah Fowler, Julia M. Lawson, Olga Koubrak, Jefferson Murua, Thanda Ko Gyi, Divya Karnad, Mayuri Chopra, Giuseppe Notarbartolo-Di-Sciara, Joshua Rambahiniarison, Don Croll, Stefany Rojas, Abdulaziz Fahmi, Joanna L. Harris, Alifa Binthe Haque, Hilario Murua, Juan Carlos Pérez-Jiménez, Emily Humble, Ellen Barrowclift, Muhammad G. Salim, Godefroy De Bruyne, Issah Seidu

School of Biological and Marine Sciences

Significant progress has been made in advancing priority actions to conserve manta and devil rays, yet implementation and enforcement of protective measures often fall short, leaving most mobulid populations at risk of overfishing. Drawing on a literature review, fisheries databases, agency reports, and expert interviews, we assess global trends in mobulid catch and mortality. We examine both targeted and incidental catch, in small (<15 m, ‘SV’) and large (>15 m, ‘LV’) vessel fisheries to identify hotspots with the highest risk of fisheries-related mortality and population decline. We estimate global fisheries catch at 264,520 (184,407–344,987) mobulids per year, with SV fisheries accounting for 87 % …

Involving Parents In Prevention: A Case Example Of Research And Intervention Development To Improve Financial Well-Being Support, Nick Axford, Gisella Hanley, Rebecca Summers, Kristin Liabo, Amy Bond, Eleanor Bryant, Georgia Smith, Rachel Silcock, Vashti Berry

Peninsula Medical School

The adverse effects on parent and child outcomes of poverty and stressors associated with low income are well established. With notable exceptions, however, the potential role of frontline services in improving family financial well-being is underexplored. This article outlines how patient and public involvement (PPI) was initiated early on in research on financial well-being support (FWbS). It illustrates how research can build on and integrate what parents say about services and how to research them. The involvement work was undertaken in one city in part to inform the adaptation of an income maximisation service to be delivered in local children’s …

Investigating The Potential For First Year Residential Field Courses To Facilitate The Establishment Of Teacher-Student Relationships In Biological Sciences Undergraduate Degrees, Anne Plessis, Alison Stokes

School of Biological and Marine Sciences

Teacher-student relationships (TSRs) in higher education impact many aspects of the student experience, including engagement and performance. However, relatively little is known about the mechanisms of establishment of TSRs, and in particular how these are influenced by specific learning environments and contexts. Here, we undertake an exploratory investigation using first year biological sciences undergraduate residential field courses to examine how this teaching context affected the frequency and nature of teacher student interactions, and consequently the development of TSRs. Data were collected from teacher and student participants using questionnaires and focus groups. We found that interactions during fieldwork took place frequently …

Next-Generation Virtual Environment Training For Cybersecurity In The Maritime Logistics Industry: A Position Paper, Tyler Cheng, Rory Hopcraft, Kimberly Tam, Ji-Jian Chin

School of Engineering, Computing and Mathematics

The maritime logistics industry is the most dependent on it in the modern world, yet it is not well protected against cyber risks. Recently, the maritime industry has been transitioning into industry-specific tech, and threats of cyberattacks are increasing as the adoption of technology and automation continues. One of the most effective methods to protect industries and ships from such security incidents, is to train seafarers to mitigate and handle such incidents. However, to the best of our knowledge, we did not find anything that addresses this gap. This article will present the idea and benefits of using virtual environments …

Investigating The Impact Of Carboxylated Polystyrene Nanoplastics In The Liver Using Cell Lines And Precision-Cut Liver Slices, Namrata Pandey, Paula Boeira, Nathaniel J. Clark, Eleanor T. Walker, Somaiah Aroori, Jemimah Denson, Richard C. Thompson, Matthew E. Cramp, Shilpa Chokshi, Ashwin Dhanda

Peninsula Medical School

Background and Aims: Increasing reports of plastic accumulation in human tissue have raised concerns about potential adverse health outcomes. Evidence of negative effects of nanoplastics is heterogeneous and provides limited insights into the underlying pathogenic toxicity mechanisms in humans. Methods: In the present study, carboxylate-modified fluorescently labelled polystyrene nanoparticles (PS NPs) were used to investigate uptake and cytotoxicity in three different hepatic models of varying complexity, including HepG2 cells, IHH cells, and human precision-cut liver slices (hPCLS). Results: The results show model- and dose-dependent effects on hepatocytes. 74.2% ± 13.4% of the IHH cells showed PS NPs uptake at 0.1 …

Healthcare Providers’ Prescribing Practices And Emergency Management Planning For Pre-Hospital Seizure Emergencies: A Comparison Of Hungary To Norway And The United Kingdom, Rohit Shankar

Peninsula Medical School

Background: Seizure emergencies, include prolonged seizures and status epilepticus (SE). Benzodiazepines are recommended as first-line rescue therapy. We investigate prescribing practices, emergency planning, and clinician experiences regarding rescue medication in Hungary and compare findings with those from the United Kingdom and Norway. Methods: A cross-sectional online survey (CHERRIES-compliant) was conducted between March and October 2025 among neurologists and pediatric neurologists in Hungary. The questionnaire explored demographics, prescribing behaviours, emergency management planning, and training practices. Descriptive statistics were used for Hungarian data, and comparative analyses with the combined UK and Norwegian cohorts were performed using chi-squared, Fisher's exact, and Mann–Whitney U …

Scope 3 Carbon Emissions Assessment For Manufacturing Smes, Kourosh Halat, Stephen Childe, Nick Golding, John Summerscales

School of Engineering, Computing and Mathematics

This paper addresses the challenges facing managers of Small-andMedium-Size Enterprises (SMEs) when conducting environmental sustainability assessment at the value chain level, particularly Scope 3 Greenhouse Gases GHG) emissions. The paper investigates issues related to data availability and data quality for Scope 3 assessment and identifies dimensions of Scope 3 reliability.Utilising a series of in-depth case study analyses with SMEs in the south-west of England, UK, the paper fills a gap in supply chain sustainability research by identifying practical challenges. The findings show that SMEs encounter persistent difficulties in assessing emissions associated with purchased goods and services and downstream activities linked …

Usable Authentication: Are We There Yet?, Nathan Clarke, Steven Furnell

School of Engineering, Computing and Mathematics

With technology increasingly embedded in everyday life, the demand for secure and usable authentication methods has never been greater. Traditional password-based systems continue to dominate, despite well-known usability and security challenges. This paper explores the evolution of user authentication technologies, from secret knowledge and tokens to biometrics and emerging approaches such as Passkeys. It critically evaluates the extent to which usability has been achieved, identifying both successes—such as biometrics integrated into smartphones—and persistent issues, including inconsistent guidance, ecosystem dependence, and accessibility barriers. Drawing on academic and commercial developments, the discussion highlights the growing burden on users who must authenticate across …