Digital Commons Network^™

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

Hofstra Law Faculty Scholarship

Congress has the authority to abolish the death penalty in the states, and good reason to exercise it.

This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional.

But under existing law Congress would have no difficulty in compiling a record that would support the use of its enforcement power under Section Five of the Fourteenth Amendment to enact a statute forbidding the imposition of capital punishment by those states that retain the practice. The statute would be congruent and proportional legislation to remedy and prevent an amply documented history of violations …

The Nature Of Adverse Events In Dentistry, Bunmi Tokede, Alfa Yansane, Muhammad F. Walji, D. B. Rindal, Don Worley, Joel White, Elsbeth Kalenderian

School of Dentistry Faculty Research and Publications

Objectives

Learning from clinical data on the subject of safety with regards to patient care in dentistry is still largely in its infancy. Current evidence does not provide epidemiological estimates on adverse events (AEs) associated with dental care. The goal of the dental practice study was to quantify and describe the nature and severity of harm experienced in association with dental care, and to assess for disparities in the prevalence of AEs.

Methods

Through a multistaged sampling procedure, we conducted in-depth retrospective review of patients’ dental and medical records.

Results

We discovered an AE proportion of 1.4% (95% CI, 1.1% …

A Content Analysis Of Counseling Psychology Literature: Resilience Against Oppression Among People Of Color, David C. Stanley Jr., Rawan H. Atari-Khan

Psychology Faculty Research and Publications

The researchers analyzed articles from two flagship counseling psychology journals (i.e., Journal of Counseling Psychology and The Counseling Psychologist) to examine current understandings of resilience. There were 54 articles included in the final analysis that spanned the years 1997–2022. The researchers conducted a content analysis to identify, analyze, and report patterns across counseling psychology journals with regard to how resilience has been defined, the racial/ethnic groups that were of focus, and the forms of oppression that were studied or addressed. Five themes were generated that are a direct representation of the topics within previous literature on resilience in the field …

Implications Of Persistent Micro-Bioplastics On Biogeochemical Properties Across Soil Types, Casandra R. Leach

Master's Theses

Terrestrial microplastics are increasing in abundance and are an emerging contaminant of concern, particularly in agriculture ecosystems where plastic use and subsequent soil contamination are prevalent. Plastic film mulches make up a significant portion of the plasticulture industry and are directly linked to soil microplastic pollution where negative effects to soil biotic and abiotic functions have been observed. In response to this issue, biodegradable film mulches have been promoted as a sustainable alternative to conventional polyethylene-based mulches. These biodegradable mulches, composed of various bioplastics, are designed to be tilled back into the soil where they are expected to decompose. However, …

Hardware Control Unit For Trusted Program Verification System, Jake Owen Alt

Master's Theses

Trust in the underlying hardware is the foundational step towards trusting the correctness and integrity of a software application. However, verifying that today's extremely complex processors work exactly as intended has not been feasible, as evidenced by several recent hardware bugs. Trustworthy, formally verified processors currently forego intricate performance enhancements such as out-of-order execution, hampering them substantially versus their less secure counterparts.

The Containment Architecture with Verified Output (CAVO) system solves this problem by isolating the host system and requiring the result of each instruction to be validated by a small, trusted hardware module called the Sentry. Any transmissions to …

Evaluating The Efficacy Of And Preference For Interactive Computer Training With Student-Generated Examples, Sylvia C. Aquino, Stephanie Hood, Tara A. Fahmie, Richard Tanis

Psychology Faculty Research and Publications

Designing effective and preferred teaching practices for undergraduate students are common goals in behavior analytic training programs. A preliminary study by Nava et al. (2019) showed that undergraduate students generally rated peer-generated examples of the principles of behavior analysis as more preferred, relatable, and culturally responsive than traditional textbook examples. However, peer-generated examples did not result in any improvement in performance on concept knowledge assessments. The current study extended the study by Nava et al. by embedding peer-generated examples within interactive computer training (ICT) to provide opportunities for active responding, prompt fading, automated feedback, and practice with examples and nonexamples. …

Regulating Shipping Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S. federal laws applicable to transportation and geologic storage of carbon dioxide, including laws enacted to implement relevant international treaties. The Article also contextualizes its …

The International Court Of Justice: New Challenges In The Hague For Adjudication Of Interstate Disputes, John Bellinger, Catherine Amirfar, Sarah H. Cleveland, Juan Manuel Gómez-Robledo Verduzco

Faculty Scholarship

This panel was convened on Thursday, March 30, 2023 at 10:30 a.m. by its moderator Catherine Amirfar of Debevoise & Plimpton LLP, who introduced the panelists: Sarah Cleveland of Columbia University Law School; and Juan Manuel Gómez-Robledo Verduzco, the Deputy Permanent Representative to the United Nations for Mexico.

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 …

Speaking Collectively: The First Amendment, The Public Sector, And The Right To Bargain And Strike, Kate Andrias

Faculty Scholarship

How is it that the Supreme Court has not understood collective bargaining and strikes among public sector workers to fall within the First Amendment’s ambit? Public sector union activity involves expression, assembly, association, and petitioning. Workers’ ability to form unions and to engage in concerted action in support of their shared goals is an important part of democratic governance. Through unions, workers engage in active citizenship; through association with one another, they express their views collectively and engage the government and the public on issues of public concern. Indeed, in the context of protecting the putative speech rights of union …

Does Job Satisfaction Take A Hit? The Relationships Between Employee Cannabis Use, Job Satisfaction, And Absenteeism, Caroline Jordan Moughan

Psychology Theses & Dissertations

Despite the frequency of cannabis use, limited research has examined how employees’ cannabis use relates to job attitudes and behaviors. This study responds to calls to examine the effects of employee cannabis use on work-relevant outcomes by exploring how employee cannabis use relates to job satisfaction and voluntary absenteeism by analyzing a sample of 526 employed young adults from the most recent three waves of the National Longitudinal Survey of Youth (NLSY) Child and Young Adult Cohort. Through estimating cross-lagged panel models, this study clarifies the direction of relationships between employee cannabis use and job satisfaction, and how these relate …

Pedestrian-Motorist Self-Reported Behavioral Intentions Toward Using Alternative And Standard Safety Infrastructure, Emma Sunshine Hood

Psychology Theses & Dissertations

The increasing trend in pedestrian-motorist incidents on American roadways warrants a novel solution for improving roadway safety. Alternative crosswalk designs have piqued communities both in the United States and abroad. Designs range from slight changes in colors to extravagant illusions of the roadway falling beneath users. These crosswalk designs are not novel, literature on their efficacy as safety infrastructure is modest with mixed results. The purpose of the study was to expand the current literature on alternative crosswalk designs. The author hypothesized that the differences in behavioral intentions at alternative and standard safety infrastructure would be greater for younger male …

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 …

Self-Identifying Minoritized Doctoral Students’ Experiences Of Epistemic Injustice In Counselor Education And Supervision, Francisca Rivas

Counseling & Human Services Theses & Dissertations

The purpose of this qualitative study was to examine and understand how epistemic injustice (EI) is experienced by minoritized doctoral students in Counselor Education and Supervision programs. The primary researcher performed a phenomenological study examining the experiences of EI for minoritized CES students (n = 8). There were three female participants with an average age of 31, two male participants with an average age of 31, and three nonbinary/trans participants with the average age of 33. Five participants were BIPOC, one being an international student, and six participants were LGBTQPA+. Five participants held Ph.Ds. at time of their interview, having …

A Graceful Pedagogy: An Approach To Academic Advising Diffracted Through Love For Equitable Support Of Students Identifying As Black And Male At Two-Year Community Colleges, Ian Kelso Bodkin

Educational Leadership & Workforce Development Theses & Dissertations

This study explores the concept of “a graceful pedagogy” as a framework for academic advising within two-year community colleges, with a focus on supporting students who identify as Black and male. Guided by an approach rooted in diffractive methodology and inspired by bell hooks’ principles of love and engaged pedagogy, the research examines how advisors can create meaningful, equitable, and supportive relationships that account for the unique realities faced by these students. Through consciousness-raising sessions, the study captures the complexities of advising as an emotional, relational, and transformative practice. Participants engaged in intra-active dialogues of diffraction uncovering the entanglements of …

A Theoretical Framework For Resilience In Complex System Governance (Csg), Susan A. Caskey

Engineering Management & Systems Engineering Theses & Dissertations

This dissertation addresses a critical gap in resilience research within complex systems by developing a theoretical framework for governance resilience—an underexplored area despite governance's crucial role in maintaining system resilience. Using the Complex System Governance (CSG) framework (Keating, Katina, Chesterman, et al., 2022; Keating & Katina, 2019), resilience is conceptualized as a system's ability to absorb disturbances while sustaining performance and enabling adaptive transformation. This involves three main capabilities: persistence, adaptability, and transformation in response to both internal and external pressures.

Through a constructivist grounded theory approach involving iterative coding, memoing, and theory development, this study inductively constructs a governance …

A Dendrochronological Analysis Of Longleaf And Associated Pines From The Blackwater Ecological Preserve In Southeastern Virginia, Sarah Durham

Biological Sciences Theses & Dissertations

The field of dendrochronology utilizes annual tree ring growth data to create chronologies, which function as proxies to measure the effect of climate on radial growth. In the southeastern United States, dendrochronological studies involving the effect of climate on the growth of Pinus species exist, but significant gaps persist. For this study, I: 1) created chronologies of earlywood, latewood, and total ring-width growth for longleaf pine (Pinus palustris Mill.), loblolly pine (P. taeda L.), and pond pine (P. serotina Michx.) and 2) conducted a climate analysis on each species to determine how climatic factors affected radial …

Optical Investigation Of A Low-Pressure Plasma In A Superconducting Radio-Frequency Cavity, Zachary A. Caudell

Electrical & Computer Engineering Theses & Dissertations

The state-of-the-art cryomodules for particle accelerators use superconducting radio-frequency (SRF) cavities. It is known that accumulation of hydrocarbon impurities reduces the cavity surface work function, decreasing cryomodule performance metrics such as field emission, thermal stability, and accelerating gradients. An in-situ method of plasma processing has recently been developed to clean the cavities and restore cryomodule performance [1]. This study is to understand the properties of the low-pressure plasmas generated in a C100 SRF cavity and ultimately to improve the performance of plasma surface cleaning using optical emission spectroscopy. Using a 500 mm focal length Czerny-Turner monochromator coupled with a photomultiplier …

Measuring Clas12 D(E, E′Π±) Cross Sections For E4nu, Caleb Fogler

Physics Theses & Dissertations

Neutrino experiments need neutrino event generators such as GENIE to simulate neutrino-nucleus (νA) interactions in order to measure neutrino oscillations. We need eA data to validate GENIE. GENIE d(e, e′ ) cross sections do not match data in the pion production region. Further analysis of this region can help constrain GENIE models. The goal of this project was to compare 4.244 GeV CLAS12 d(e, e′π±) cross sections to GENIE predictions. We analyzed data from the Fall 2019 run period of Run Group B (RG-B). We applied particle identification, fiducial, and vertex …

Oxyfluorfen Use In Combination With Clomazone Or Quinclorac, Jason K. Norsworthy, Casey H. Arnold, Thomas R. Butts, Chad W. Shelton

Crop, Soil and Environmental Sciences Faculty Publications and Presentations

Oxyfluorfen is a herbicide that inhibits protoporphyrinogen IX oxidase and has shown significant potential in its ability to control barnyardgrass. Oxyfluorfen is categorized as a Group 14 herbicide by the Herbicide Resistance Action Committee (HRAC)/Weed Science Society of America (WSSA). Despite its current lack of labeling for use on rice in the mid-southern United States due to its potential to cause crop injury, the introduction of a trait in rice that confers resistance to oxyfluorfen could provide producers with an effective alternative site of action for weed control. Field experiments were conducted during the 2021 and 2022 growing seasons near …

Talar And Calcaneal Coordinate Axes Definitions Across Foot Pathologies, Kassidy Knutson, Erika P. Muhlrad, Andrew C. Peterson, Thomas Leonard, Abigail M. Anderson, Katelyn C. Aragon, Zachary J. Eatough, Bruce A. Macwilliams, Karen M. Kruger, Amy L. Lenz

Biomedical Engineering Faculty Research and Publications

The understanding of foot and ankle biomechanics is improving as new technology provides more detailed information about the motion of foot and ankle bones with biplane fluoroscopy, as well as the ability to analyze the hindfoot under weightbearing conditions with weightbearing computed tomography. Three-dimensional anatomical coordinate systems are necessary to describe the 3D alignment and kinematics of the foot and ankle. The lack of standard coordinate systems across research study sites can significantly alter experimental data analyses used for pre-surgical evaluation and post-operative outcome assessments. Clinical treatment paradigms are changing based on the expanding knowledge of complex pes planovalgus morphologies …

Phenotypes Of Velopharyngeal Tube Law In Obstructive Sleep Apnea, Devesh Kumar, B. Tucker Woodson, Guilherme J.M. Garcia

Biomedical Engineering Faculty Research and Publications

Objective

The biomechanics of upper airway collapse in obstructive sleep apnea (OSA) remains poorly understood. The goal of this study is to compare the area-pressure relationship (tube law) of the velopharynx at peak inspiration and peak expiration.

Study Design

Cross-sectional.

Setting

Academic tertiary medical center.

Methods

The velopharyngeal tube law was quantified in a convenience sample of 20 OSA patients via step reductions in nasal mask pressure during drug induced sleep endoscopy (DISE). The velopharyngeal airspace cross-sectional area was estimated from endoscopy while luminal pressure was recorded with a catheter. The tube law was quantified for nasal mask pressures from …

Morphology Of The Normative Human Cone Photoreceptor Mosaic And A Publicly Available Adaptive Optics Montage Repository, Robert F. Cooper, Snega Kalaparambath, Geoffrey K. Aguirre, Jessica I. W. Morgan

Biomedical Engineering Faculty Research and Publications

Adaptive optics ophthalmoscopy has enabled visualization of the in vivo human photoreceptor mosaic in health, disease and its treatment. Despite this, the clinical utility of the imaging technology has been limited by a lack of automated analysis techniques capable of accurately quantifying photoreceptor structure and a lack of an available normative image database. Here, we present a fully automated algorithm for estimating cone spacing and density over a complete adaptive optics montage along with a database of normative images and cone densities. We imaged the cone mosaics surrounding the fovea and along the horizontal and vertical meridians of fifty normal-sighted …

A Sophisticated Model Of Human Atherosclerosis On A Chip, Brandon J. Tefft

Biomedical Engineering Faculty Research and Publications

No abstract provided.

Realtime And Noninvasive Assessment Of Endotracheal Tube Displacement Using Near-Infrared And Visible Cameras, Tongtong Lu, Pawjai Khampang, Ahmed Beydoun, Rebecca Rodhe, Wenzhou Hong, Joseph E. Kerschner, Bing Yu

Biomedical Engineering Faculty Research and Publications

Endotracheal tube (ETT) intubation is a medical procedure routinely used for achieving mechanical ventilation in critically ill patients. Appropriate ETT placement is crucial as undetected tube migration may cause multiple complications or even fatalities. Therefore, prompt detection of unplanned movement of the ETT and immediate action to restore proper placement are essential to ensure patient safety. Despite this necessity, there is not a widely adopted tool for real-time assessment of ETT displacement. We have developed a device, a dual-camera endotracheal tube or DC-ETT, to address this unmet clinical need. This device uses a near-infrared (NIR) LED and a side-firing optical …

Identifying Inclusive Practices For Youth With Asd In An Outdoor Environmental Education Setting, Clara Zubrick

School of Education and Leadership Student Capstone Projects

This project aims to answer how outdoor environmental education programs (OEE) can be more inclusive for youth with autism spectrum disorder (ASD) through staff training, program design, and facilitation. The research focuses on what inclusive means in the context of OEE, how OEE programs benefit youth with autism, and what specific learning differences and pedagogical approaches need to be considered when designing and facilitating inclusive programs for youth with autism. The project created is a two-day professional development workshop for informal educators working in environmental education settings. The goal of the project is to provide instructional content that increases educators’ …

The Good News Of The Investigative Judgment: Finding Joy In An Unlikely Doctrine, Richard M. Davidson

Faculty Publications

No abstract provided.

A Scoping Review Of Patient Safety Checklists In Dentistry, K. Zouaidi, T. W. Miner, M. F. Walji, E. Kalenderian, D. B. Rindal, K. J. Suda

School of Dentistry Faculty Research and Publications

Objectives

Not much is known about safety checklists use in dentistry. We aim to examine, assess, and provide a comprehensive understanding of the current knowledge concerning the use of checklists to improve patient safety in dentistry.

Methods

We conducted a comprehensive literature search using Medline and Embase for studies that use or describe the development of dental patient safety checklists. All study designs were included for citations published through December 2023.

Results

Following abstract and full-text screening, 27 studies remained for data extraction and analysis. Oral surgery emerged as the main dental specialty where the utilization and evaluation of checklists …

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

What In The Assessment Are We Doing? A Snapshot Of Student Learning Assessment In Health Science Libraries, Danielle Westmark, Teresa L. Hartman

Posters and Presentations: Leon S. McGoogan Health Sciences Library

Objective: When it comes to education and instruction, there’s no clear answer to what health science librarians/information professionals are doing in student learning assessment and if the methodologies they use are helpful and successful in receiving responses. This project looks to answer two questions: do health science librarians assess student learning in the context of health-related information literacy, and what strategies do health science librarians employ to encourage students to complete learning assessments?

Methods: A twelve-question survey was developed using the Springshare LibWizard tool. It was sent out to library listservs: MCMLA, ICON, MEDLIB-L, AAHSL (Deans/Directors), ACRL, Health …