Digital Commons Network^™

Commercial Boilerplate: A Review And Research Agenda, Robert E. Scott, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on consumer contracts, with the debate centered on the question of whether take-it-or-leave-it mass-produced forms imposed on consumers by large corporations should be treated as contracts or as a problem in regulation. By contrast, commercial boilerplate — the standard forms used in transactions for corporate or sovereign bonds or merger agreements — has traditionally received little attention. The assumption has been that form contracts among sophisticated parties may differ in form but not in substance from bespoke contracts between business entities. Yet a growing body of scholarship …

The 2023 Merger Guidelines: An Assessment, Herbert Hovenkamp, Tim Wu, James Keyte

Faculty Scholarship

The 2023 Merger Guidelines1 are ten months old, but they still need some unpacking. To help our readers think through the issues that the Guidelines raise, Antitrust magazine asked two experienced legal scholars — Professors Tim Wu and Herbert Hovenkamp — to discuss the Guidelines with Antitrust editorial board member James Keyte. This discussion took place on May 28, 2024. The transcript has been edited for length and readability.

Taxing The Ten Percent, Alex Raskolnikov

Faculty Scholarship

The United States government is rapidly approaching the point when it will have no choice but to raise taxes. But whose taxes should go up, and why? The argument for higher taxes on the top one percent is well known. The case for higher taxes on the next nine percent is not. This Article makes that case.

Americans with incomes in the top ten percent but not the top one percent are not rich, but they are not middle class either—they are affluent. These affluent Americans have seen mostly tax cuts over the past three decades. Yet today, as progressive …

Severe Hypertension In Postpartum: How A Nurse Driven Protocol Can Be Used To Decrease A Delay In Treatment, Kayleigh Momme

All Doctor of Nursing Practice (DNP) Scholarly Projects

Problem: The problem at the practicum site is a delay in the treatment of severe range hypertension in postpartum patients due to IV push antihypertensives being administered by resident physicians who are clinically stationed in another building as opposed to the primary nurse.

Aim of the Project: The overall aim is to institute a protocol that will prevent a time delay for the treatment of severe range blood pressures in postpartum patients.

Review of Evidence: Hypertensive disorders during pregnancy and the immediate postpartum period are the leading cause of maternal morbidity and mortality. Obstetric related governing bodies have come to …

Implementation Of Barcode Medication Administration To Reduce Vaccine Errors, Elizabeth R. Schwarz

All Doctor of Nursing Practice (DNP) Scholarly Projects

Problem: In the project organization, a large ambulatory medical group, there have been high rates of vaccine administration errors, particularly within family practice locations, which have the most variety of vaccines given.

Aim of the Project: This project aimed to improve the safety of vaccine administration by implementing barcode medication administration (BCMA) in two family practice locations.

Review of the Evidence: BCMA is increasingly recommended for outpatient settings by patient safety groups like the Institute for Safe Medication Practices (2022). Studies show BCMA can save time, improve vaccine data capture and can decrease medication errors by up to 74% (Evanson …

Reducing 30-Day Post-Stroke Readmissions With A Discharge Checklist Tool, Monika Robinson

All Doctor of Nursing Practice (DNP) Scholarly Projects

Problem: The practice site, a nationally certified stroke care hospital, faced challenges with 30-day post-stroke readmission rates of 8.7%, below the national average of 12.44%. This quality improvement initiative aimed to reduce avoidable readmissions to below 4.7% by implementing a structured education process using a post-stroke checklist for all stroke admissions.

Aim of the Project: The primary goal was to ensure that all stroke patients received consistent discharge education. This was achieved by introducing the American Heart/Stroke Association Post-Stroke Discharge Checklist, aligning with best practices to standardize patient education.

Review of Evidence: Evidence shows inconsistencies in the discharge process, particularly …

The State Statutes Project, Neel Guha, Diego A. Zambrano

Faculty Scholarship

State statutes are having a moment in national debates. Partly fueled by polarization, state legislatures have pushed the boundaries on almost every important national question, from abortion and regulation of social media, all the way to police lawsuits and drug use. Take, for instance, the by now well-known example of Texas Senate Bill 8. To avoid Roe v. Wade, the Texas Legislature enacted a statute that allowed private parties (really, anyone) to sue abortion providers. The kicker was that the statute prohibited government enforcement in order to prevent Ex parte Young style challenges in federal court. Or take Montana’s attempt …

Proteomic Analysis Reveals Major Proteins And Pathways That Mediate The Effect Of 17-Β-Estradiol In Cell Division And Apoptosis In Breast Cancer Mcf7 Cells, Zhenqi Zhou, Brihget Sicairos, Jianhong Zhou, Yuchun Du

Biological Sciences Faculty Publications and Presentations

Despite extensive research, the genes/proteins and pathways responsible for the physiological effects of estrogen remain elusive. In this study, we determined the effect of estrogen on global protein expression in breast cancer MCF7 cells using a proteomic method. The expression of 77 cytosolic, 74 nuclear, and 81 membrane/organelle proteins was significantly altered by 17-β-estradiol (E2). Protein enrichment analyses suggest that E2 may stimulate cell division primarily by promoting the G1 to S phase transition and advancing the G2/M checkpoint. The effect of E2 on cell survival was complex, as it could simultaneously enhance and inhibit apoptosis. Bioinformatics analysis suggests that …

Etdsuite: A Toolkit To Mine Electronic Theses And Dissertations To Enrich Scholarly Big Data Using Natural Language Processing And Computer Vision, Muntabir Hasan Choudhury

Computer Science Theses & Dissertations

In the past decades, there has been a growing interest in mining scientific documents to obtain domain knowledge automatically. One of the understudied types of scientific documents is Electronic Theses and Dissertations (ETDs), as ETDs have distinct features compared with conference proceedings and journal articles. ETDs usually serve as partial requirements of academic degrees for students pursuing higher education. They are book-length documents (i.e., 100 – 400 pages long), and the topics may shift across chapters, exhibit the significant contribution of a student’s research over the entire degree pursuing period, and have unique metadata schema and page layouts. However, the …

The Role Of Policy Entrepreneurs In Understanding Oral Health Care Policy: A Case Study Approach Analyzing Multiple Streams Framework In Nc Oral Health Policy, Lori Gordon Hendrick

School of Public Service Theses & Dissertations

The United States Surgeon General has defined oral diseases as a “silent epidemic” that affects the most vulnerable citizens. More often, this includes those from low socio-economic backgrounds, children, elderly, and many members of ethnic minority groups. Although preventative and treatment modalities have improved over the past fifty years, some Americans continue to have little to no access to educational and preventative programs. The lack of access to dental care for all ages and oral health care literacy remains one of the largest health concerns for American citizens making it a “wicked problem”. Historically, raising Medicaid enrollment has failed to …

A Systems Theory-Based Framework For Uncertainty In Complex System Governance, Teresa Anne Crater

Engineering Management & Systems Engineering Theses & Dissertations

Complex systems are all around. A complex system is a system whose collective behavior is more than the behavior exhibited by the individual parts. Such a system is characterized by an exponential increase in information, complexity, ambiguity, emergence, and high levels of uncertainty (Jaradat, 2015). Uncertainty is intrinsic to complex systems. Uncertainty refers to epistemic situations involving imperfect or unknown information. Uncertainty can refer to the chance of certain anticipated outcomes occurring, or it can refer to the unknown events that are not foreseeable as to when or if one might occur. It applies to predictions of future events, to …

Cultivating Self-Knowledge In The Writing Classroom: A Study Of Contemplative Pedagogy, Jared Featherstone

English Theses & Dissertations

This pedagogical research study examines the effects of Understanding the Self Through Writing and Rhetoric, an undergraduate course designed by the researcher, on students. The course is an example of contemplative writing pedagogy, one that seeks to foreground first-person direct experience of the subject matter and integrates mindfulness meditation and journaling throughout. While writing and rhetoric are common undergraduate subjects to teach, the course focuses on particular, lesser-known aspects of them, internal rhetoric and self-making narrative. A third important part of the course is the examination of how communication technologies, especially social media and messaging applications, affect one’s internal rhetoric …

Masthead, Volume 46 (2024-2025)

Cardozo Law Review

No abstract provided.

Women On Death Row In The United States, Sandra Babcock, Nathalie Greenfield, Kathryn Adamson

Cardozo Law Review

This Article presents a comprehensive study of forty-eight persons sentenced to death between 1990 and 2022 who were legally recognized as women at the time of their trials. Our research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence (“GBV”), and prior involvement with the criminal legal system. We also explore the nature of the women’s crimes of conviction, including the role of male codefendants and the state’s use of aggravating factors. Finally, we reveal …

Dignifying Queerness, Ryan Thoreson

Cardozo Law Review

In recent years, courts that have affirmed the right of lesbian, gay, bisexual, and transgender (LGBT) people to engage in same-sex activity have often invoked the value of dignity. They have done so in spite of the fact that same-sex activity, and many other kinds of sex, have historically been deemed undignified and subject to criminal prohibition. This Article examines a rapidly growing body of comparative jurisprudence to examine how dignity has become an unlikely cornerstone of efforts to decriminalize same-sex conduct. By invoking dignity, courts have persuasively struck down some of the most immediate and egregious restrictions on sexual …

Privacy Law’S Role In An Information Economy, Sari Mazzurco

Cardozo Law Review

What do we lose when we lose our privacy? A slew of recently enacted state laws suggest that the loss of privacy is merely a loss of individual choice in the market exchange of services for personal information. This Article argues that a loss of privacy risks something greater: the collapse of complex and fluid social identity. Without privacy, individuals cannot nurture their own senses of self because they are no longer free to try on different social roles across diverse relationships. Pervasive, private data collection threatens multifaceted selfhood by eliminating the boundaries that make social roles distinct and hindering …

The Forever Family’S Legal Loophole: A 50-State Survey On Adoption Dissolution, Kira Kilstein

Cardozo Law Review

Adoption is said to be “forever”—longing parents fulfill their dream of parenthood and children get a “forever family.” While the legal system intends for adoptive parent-child relationships to be permanent, a happily-ever-after ending is elusive when adoptions are enabled to fail. In the United States, each state can set its own standard for when courts may grant a request to dissolve an adoption, as well as time limits within which a parent may ask the court to vacate the adoption decree. This legal loophole, known as adoption dissolution, has been met with controversy about the permissibility of parents giving up …

A Missed Opportunity: Clarifying Presidential Power Under The Procurement Act, Anthony Porcelli

Cardozo Law Review

In late 2021, President Biden relied on the Procurement Act to sign an Executive Order effectively requiring every employee of any private company that contracts with the federal government to be fully vaccinated for COVID-19. While the mandate was ultimately rescinded less than two years later, it produced four inconsistent federal circuit court opinions that together expose the problems with existing judicial frameworks for analyzing executive authority under the Procurement Act.

This Note explores the growth of the federal procurement industry, the evolution of executive orders under the Procurement Act, and the existing jurisprudence for executive power under the Act. …

Raising The Bar: Improving How To Assess Evidence Quality In Evaluating Systems-Change Efforts, Marina Apgar, Thomas Aston, Mieke Snijder, Tom Zwollo

The Foundation Review

Facing the great scale of societal challenges, philanthropic organizations are increasingly calling for systems change. Evaluating systems change requires innovative approaches that respond to the complexities of such change in ways that support equity and multiracial democracy rather than undermining them.

A key concern in evaluating systems change is how to do so rigorously. Rigor has traditionally been equated with evaluative criteria such as independence and objectivity, and experimental methods and evidence hierarchies which sit uncomfortably with both complexity and equity. Yet when taking an alternative approach, many philanthropic organizations fear that without these standards, there are no standards at …

What Practices For Shifting Power Are Core To Advancing Racial Equity?, Kantahyanee W. Murray, Ji Won Shon, Ashley Barnes, Natalia Ibanez, Karuna Sridharan Chibber, Janelle Armstrong-Brown, Elvis Fraser

The Foundation Review

Power-shifting approaches are increasingly being recognized as practical solutions funders can employ to amplify the voice and agency of grant partners and communities, especially those historically under-resourced and marginalized.

Informed by a literature review and interviews with funders, grant partners, and thought leaders, this article describes four common practices for shifting power to advance equity: embed a racial equity lens into the process to shift power; demonstrate a genuine commitment to communities; give grant partners the power to define success; and embrace an internal systems change orientation.

This article explores the capabilities, mindsets, policies, skills, and resource considerations needed for …

Enticing Institutions To Become More Inclusive And Responsive: Lessons From The Colorado Health Foundation’S Locally Focused Work, Douglas Easterling, Jehan Benton-Clark, Scott Downes, Phillip Chung

The Foundation Review

Equity-focused foundations have generally sought to change institutions, systems, and structures through advocacy, policy change, and community organizing — either on their own or by supporting activist organizations. This article examines an alternative philanthropic strategy: directly engaging and supporting the institutions that need to become more diverse, inclusive, and responsive to the communities they should be serving.

The Colorado Health Foundation has “enticed institutions” as one element of its Locally Focused Work effort, launched in four Colorado communities in 2017. With LFW, program officers actively seek to build supportive relationships with a wide range of community-based organizations and actors who …

Forest For The Trees: Collective Accountability And Trust As Groundwork For Systems Change, Shaady Salehi, Pia Infante

The Foundation Review

Since 2020, trust-based philanthropy has gained momentum as a strategy to alleviate inherent power imbalances between funders, nonprofits, and the communities they serve. The cornerstone of the approach is a set of grantmaking practices, such as multiyear unrestricted funding and streamlined paperwork, that support nonprofit self-determination toward achieving impact goals.

At a deeper level, trust-based philanthropy is driven by core values that position funders as collaborators and supporters working alongside nonprofits to advance a more just and equitable society. This requires a radically different stance on accountability from conventional philanthropic norms. Rather than reinforcing a sense of one-way transactional accountability, …

A Systems And Innovation Approach To Attune Grantmaking For Early Childhood To What Matters Most At The Point Of Service, Wally Patawaran

The Foundation Review

This article discusses how and why The JPB Foundation, a nationally focused private philanthropy in the United States, promoted multistakeholder innovations as it evolved its strategy for early childhood health equity. Through coordinated grantmaking, its cross-sector partnerships over the past decade shifted the science, clinical practice, and public discourse on early life stress.

Building on field learning and trusted relationships, JPB and its partners paved the way for a reimagined paradigm of care that brings ecosystem stakeholders together to overcome competing frictions inhibiting their mutual flourishing. Working collaboratively with grantees as their champion and thought partner, JPB formulated an agenda …

A Philanthropic Theory Of Systems Transformation For Advancing Equity In The Polycrisis, Michael Quinn Patton, Ruth Richardson

The Foundation Review

The term “polycrisis” calls attention to overlapping, mutually reinforcing, and potentially disastrous trends and crises that are interconnected, like climate change, increasing global inequities, widespread disinformation, pandemic dangers, the ravages of war, and pollution of land, air, and water. Vulnerable and marginalized populations are most directly affected by the intensifying problems that are manifested in the polycrisis.

This article, on the occasion of the 15th anniversary of The Foundation Review, invites readers to ponder the risks posed by the polycrisis and how philanthropy might look beyond business as usual to respond to those risks. We review the evolution of philanthropic …

Creating Sustainable School And Home Gardens: Beneficial Biological Control Insects, Kaitlin Campbell, Rita Hagevik, Kathy Cabe Trundle

All Current Publications

On small scales, like school and home gardens, encouraging biological control agents can be highly effective, reducing the need for insecticides that harm the environment, humans, and beneficial insects. This fact sheet provides information on using beneficial insects in your garden and offers a field guide to identify them.

Weight Bias Internalization And Disordered Eating: Examining The Role Of Sexual Orientation In A Sample Of Women Who Binge Eat, Meredith I. Turner

Psychology Theses & Dissertations

Sexual minority women and heterosexual women endorse different rates of disordered eating symptoms. Weight bias internalization (WBI), or self-directed negative attitudes and beliefs about oneself due to their weight, is known to be associated with binge eating and other disordered eating behaviors. However, little is known about the influence WBI may have on disordered eating symptoms across various sexual orientations. Therefore, this study examined disordered eating, WBI, and the association between them among sexual minority and heterosexual women. Specifically, the study aims were to (1) compare instances of WBI and disordered eating symptoms between sexual minority and heterosexual women, (2) …

Simulating The Compound Impacts Of Climate Change And Sea-Level Rise On Coastal Shallow Groundwater Using An Integrated Surface-Subsurface Hydrologic Model, Zhaoyi Cai

Civil & Environmental Engineering Theses & Dissertations

As climate change intensifies and sea levels rise, coastal aquifers become increasingly vulnerable to interacting oceanic and terrestrial processes. This dissertation examines the combined impacts of climate change and sea-level rise (SLR) on coastal shallow groundwater using an integrated surface-subsurface hydrologic model, focusing on the low-lying Little Creek watershed (LCW) in Norfolk, Virginia. The SWAT-MODFLOW model, a coupled system, unifies land surface, streamflow, and groundwater processes, providing a comprehensive framework for watershed-aquifer analysis. Model parameters were derived from U.S. Geological Survey datasets, relevant literature, station records, and technical reports, followed by meticulous calibration. The validated model first simulated baseline groundwater …

Navigating Identity And Belonging: Itinerant Teachers Of The Deaf/Hard Of Hearing And The Blind/Visually Impaired As Structural Hole Spanners In Educational Ecosystems, Rj Horstmyer

Educational Leadership & Workforce Development Theses & Dissertations

Itinerant Teachers of the Deaf/Hard of Hearing and Itinerant Teachers of the Blind/Visually Impaired are highly specialized teachers and service providers who provide services to students who make up less than two percent of all students eligible for special education services and subsequently experience high levels of mobility between many schools. This study unearths the lived experiences of IToDs and ITVIs and examines how their itinerancy and ecological factors shape their identity and organizational belonging within and between multiple social networks. Participants were those currently employed as either Itinerant Teacher of the Deaf/Hard of Hearing or Itinerant Teachers of the …

Symbolic Regression For Data-Driven Equation Discovery: A Physics-Informed Approach, Anusha Reddy Singireddy

Computer Science Theses & Dissertations

Symbolic Regression (SR) is a cutting-edge machine learning technique that discovers mathematical expressions representing the underlying patterns in data. Unlike traditional regression, SR explores a wide range of mathematical models, allowing for flexible and interpretable solutions. We utilize PySR, a highly customizable symbolic regression package, which combines genetic programming and modern optimization methods to efficiently search for interpretable equations. PySR balances model complexity with performance by penalizing overly complex expressions while optimizing accuracy. In this thesis, we apply Physics-informed Symbolic Regression through PySR to model the x and t dependence of the flavor isovector combination H_u − d( …

Executive Summaries

The Foundation Review

No abstract provided.