Digital Commons Network^™

A Third Category For Rideshare Drivers: Untying Employment Statutes From Agency Law, Nathaniel Reyes

Notre Dame Law Review

This Note does not take a stance on the issue of whether rideshare drivers should be classified as “employees” under either employment statutes or the doctrine of respondeat superior. It argues, rather, that if the protection of employment statutes is to be extended to rideshare drivers, this should be done by Congress’s creation of new worker categories in the statutes, rather than by squeezing rideshare drivers into the existing “employee” category. The use of the same binary distinction between employee and independent contractor in both employment statutes and respondeat-superior cases is a practice which should ultimately be abandoned, and recognizing …

"It Is Tash Whom He Serves": Deneen And Vermeule On Liberalism, Andrew Koppelman

Notre Dame Law Review

I worry that some recent Christian criticisms of liberalism are the kind of fantasy that Murdoch warned about, caricaturing what they purport to oppose. They are also ominously vague about what would replace it. Both writers echo earlier Christian flirtations with Marxism: philosophical errors lead idealists to gullibly embrace authoritarian kleptocrats who do not give a damn about the people the idealists are trying to help.

I will focus on the work of Patrick Deneen, with some reference to the more abbreviated but similar critiques of liberalism by Adrian Vermeule. Both claim that liberalism’s relentless logic tends to destroy communities …

Natural Law, Parental Rights, And The Defense Of "Liberal" Limits On Government: An Analysis Of The Mortara Case And Its Contemporary Parallels, Melissa Moschella

Notre Dame Law Review

This Article explores parallels between integralists’ defense of the Mortara case (in which Pius IX removed a child from his parents’ care in order to provide him with a Catholic education) and contemporary progressive arguments for overriding the authority of parents who do not want their gender-dysphoric children to undergo social or medical gender transition. In Part I, I offer an overview of the natural law case for limited government, then in Part II I turn more specifically to a natural law defense of parental rights as an essential aspect of limited government. In the following Part, I return to …

Liberalism And Orthodoxy: A Search For Mutual Apprehension, Brandon Paradise, Fr. Sergey Trostyanskiy

Notre Dame Law Review

This Article seeks to evaluate and contextualize recently intensifying Christian critiques of liberalism’s intellectual and moral claims. Much of this recent critique has been from Catholic and Protestant quarters. Christianity’s third major branch—Orthodox Christianity—has not played a prominent role in current critiques of liberalism. This Article seeks to help fill this void in the literature. In helping to fill this void, it contributes to understanding how liberalism fits with one of the world’s most ancient Christian traditions.

The Article begins by disambiguating the terms Orthodoxy and liberalism. After identifying each body of thought’s foundational commitments, it notes that Orthodoxy endorses …

Severability And Standing Puzzles In The Law Of Removal Power, Jack Ferguson

Notre Dame Law Review

One of the “oldest and most venerable debates in U.S. constitutional law” concerns the President’s ability to fire executive branch officers. That debate shows little sign of subsiding. In recent years, the Supreme Court has decided a number of removal power cases that reflect an increasingly formalist turn. These cases have endorsed a version of the unitary executive theory and blessed the President’s ability to remove nominally independent officials. When it comes to questions of severability and remedy, however, the formalist majorities have fractured. Collins v. Yellen, decided in 2021, provides the most illuminating example. Justices Thomas and Gorsuch concurred …

The Primacy Of Free Exercise In Public-Employee Religious Speech, Nicholas J. Grandpre

Notre Dame Law Review

This Note addresses the question left open by the Court and highlighted by Justice Thomas: under what standard of review should courts review public-employee religious expression protected by both the Free Speech and Free Exercise Clauses? This Note begins by introducing the doctrine of government-employee speech. Then, this Note surveys proposals within existing scholarship that address how courts ought to treat public-employee religious expression. In doing so, this Note evaluates the following proposals: (1) applying Pickering balancing as is; (2) applying a modified version of Pickering balancing; (3) replacing Pickering balancing with intermediate scrutiny; (4) the Holmesian approach: deeming public-employee …

2023 Commencement, University Of The Pacific

Commencement Programs

No abstract provided.

Artificial Intelligence In Landscape Architecture: A Literature Review, Phillip Fernberg, Brent Chamberlain

Landscape Architecture and Environmental Planning Faculty Publications

The use of artificial intelligence (AI) is becoming increasingly common in landscape architecture. New methods and applications are proliferating yearly and are being touted as viable tools for research and practice. While researchers have conducted assessments of the state of AI-driven research and practice in allied disciplines, there is a knowledge gap for the same in landscape architecture. This literature review addresses this gap by searching and evaluating studies specifically focused on AI and disciplinary umbrella terms (landscape architecture, landscape planning, and landscape design). It includes searches of academic databases and industry publications that combine these umbrella terms with the …

Achieving Climate Justice Through Land Back: An Overview Of Tribal Dispossession, Land Return Efforts, And Practical Mechanisms For #Landback, Vanessa Racehorse, Anna Hohag

Colorado Environmental Law Journal

No abstract provided.

The Lotus Project: A Resilience Program For Dominican University Of California Occupational Therapy Graduate Students, Melissa Morini, Naema Dahdoul, Ashley Moffett, Regine Erika Saldivar, Viviana Vazquez

Occupational Therapy | MSOT Capstone Projects

Occupational therapy graduate students and occupational therapy practitioners experience chronic stress, adversity, and are at risk for burnout (de Witt, Monareng, Abraham, Koor, & Saber, 2019). Building a resilience practice early in the OT career has the potential to assist students in overcoming adversity from chronic stressors that could lead to burnout. We developed the L(OT)US project, a resilience program for occupational therapy students at Dominican University of California that consisted of three components: indoor resilience rest and recovery space, outdoor resilience resources box, and social media resources. e gathered feedback from current occupational therapy students who participated in our …

Life After Brain Injury - Family Perspectives, Shaina Snyder, Everlee Anderson, Allison Wyek, Elijah Tolentino-Medios, Cathyisabella Kintanar

Occupational Therapy | MSOT Capstone Projects

Background: Children who are Traumatic Brain Injury (TBI) survivors experience changes to their occupational engagement and participation in family life. Families and children who are TBI survivors may experience long-term, chronic disabilities, yet these complex experiences are under researched and underserved.

Objective: This research focused on the following questions: What are the lived experiences of children who have survived brain injury and their families upon returning to their homes, schools and communities? What are the helpful and necessary supports and what are the barriers to engaging in meaningful occupations? How can in depth examination of these phenomena better …

Primary Knee Oa: Rethinking Intra-Articular Pain Management, Yadira I. Cabrera

Cohort XI

Primary knee osteoarthritis is a common diagnosis found in people over 65 years of age. As a progressive disease, the burden on daily life is significant. Typically, patients complain of knee pain, stiffness, and swelling which worsens after prolonged sitting resulting in reduced participation in activities of daily living.

Locally, many patients with symptomatic knee OA are seen at a geriatric primary care clinic in West El Paso, Texas. Current practice in the clinic was to use methylprednisolone acetate 40 mg and referral to physical therapy for patients 65 years or older when the treatment plan included an intra-articular injection. …

Dual Hypertensive Medication Therapy For Initial Treatment Of Hypertension With Bp Greater Than 140/90, Salalau R. Tuiafono-Blocker

Cohort XI

Background and Local Problem: Hypertension is one of the leading causes of heart disease globally, nationally, and locally in El Paso, TX. An estimated 1.28 billion people are affected by this disease, including at least 30% of the El Paso population.

Objective: The objective of this project is to apply evidence-based practice to decrease blood pressure readings of 140/90 mmHg and above, by at least 10 mmHg systolic or diastolic.

Methods and Interventions: A ten-day reflective practice assessment was conducted resulting in the identification of suboptimal blood pressure control with blood pressure readings of 140/90 mmHg and above. This was …

The Sixth Vital Sign: Implementing A Depression And Anxiety Screening Quality Improvement Project For Pregnant Patients, Sarah Petersen Whittington

Cohort XI

Background: The most common complication of pregnancy is depression. 1 in 7 pregnant women experience perinatal depression. It affects maternal and infant morbidity and mortality. It occurs more often than gestational diabetes, pre-eclampsia, or preterm birth. Untreated depression during pregnancy has profound negative effects, including increased risk of poor compliance with care, smoking, substance use, worsening existing medical conditions, loss of both personal and financial support, suicide, and infanticide.

Purpose: The purpose of this quality improvement project was to implement a standardized process to universally screen pregnant women for depression during antenatal, intrapartum, and postpartum periods. The ultimate goal was …

Multimodal Pain Management For Surgical Inpatients, Erik A. Garcia

Cohort XI

Introduction

Multimodal pain management has been recognized as the most effective modality and the gold standard for pain management for more than a decade. However, these protocols remain poorly utilized and are applied inconsistently. This has led to inferior pain management, poor outcomes, and an increased risk of opioid dependence or addiction. In this project, I sought to address the utilization of multimodal pain management in an inpatient surgical service. A ten-day review of patient care revealed that pain management provided to patients on our service was inadequate and might be improved by adopting and implementing more consistent and systematic …

Effective Task-Based Language Teaching And Multiliteracies Approaches In Second Language Learning, Laura Medina

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

This portfolio represents a selection of the author’s graduate coursework, methodological approaches, and professional experiences in teaching Spanish as a second language. It was compiled while participating in the Utah State University Master of Second Language Teaching (MSLT) program. The portfolio includes: reflections on the author’s teaching experiences and professional environment, her teaching philosophy statement, a professional development peer observation, a paper that explores the theory and practice of task-based language teaching (TBLT) in conjunction with using authentic texts in teaching writing in novice-level Spanish, and a consideration of some of the author’s future goals. The paper provides a literature …

Microwave Characterization Of Polymeric Microparticle Morphology, Gabriel D. Cutter

Honors College Theses

Biological cell function and overall health are highly defined by the cell’s morphology. Sorting cells based on their shape is recently a major interest to the biomedical field for the future of medical treatments and health diagnostics. This work presents a new shape-based particle sorting technique using a novel microwave sensing system as a step toward biological cell sorting. The new sensing system consists of a grounded coplanar waveguide (GCPW) transmission line that simultaneously serves as a single-particle microfluidic channel and a microwave sensor, which is paired with a microwave interferometer to boost signal-to-noise ratio (SNR). Polystyrene microspheres, a common …

Project 1: Drawing And Illustration, Required Research, Joyce Symoniak

Scientific Illustration: Course Materials

No abstract provided.

Project 3: Hemipteran/Hexapods Graphic Drawings/Drawing Bugs/Insects, Joyce Symoniak

Scientific Illustration: Course Materials

No abstract provided.

Project 2: Botanical Ink Drawings/Drawing Leaves, Joyce Symoniak

Scientific Illustration: Course Materials

No abstract provided.

Fatty Liver Disease, Ramzi Daki '23, Breena Bulthuis, Zander Davidson, Dammy Tabiti, Adelyn Kobayashi

Human Diseases Graphic Novels

No abstract provided.

A Discourse Analysis Of Parents' And Teachers' Social Constructions Of School Readiness And Transition To Kindergarten For Children With Disabilities, Ronica Senores Toyota

Education (PhD) Dissertations

This study examined parents’ and teachers’ social constructions of disability, school readiness, and the transition to kindergarten process for children with disabilities who participated in a self-contained preschool special education (SPED) class, called a special day class (SDC). The 12 participants included parents of children with disabilities (i.e., three with autism and one with Down syndrome), four preschool SDC teachers, two kindergarten SDC teachers, and two general education kindergarten teachers. They were recruited from a large urban school district in Southern California. Semistructured interviews were conducted to invite participants to share their experiences working with students with disabilities and their …

Acquisition Of Psychomotor Skills In An Online Or Hybrid Classroom:A Systematic Review, Peyton Arneson, Braiden Burkes, Talia Cmaylo

DPT Capstones

Objective: During the COVID 19 pandemic, schools across the world have had to adapt their curricula to allow students to continue their education remotely or via hybrid classroom format. The effectiveness of online/hybrid teaching has been studied with respect to many academic skills. However, the effectiveness of this type of teaching on psychomotor skills has not yet been determined. The purpose of this systematic review was to compare healthcare students’ acquisition of psychomotor skills in an online format versus traditional classroom format.

Methods: Researchers reviewed over 100 articles using Cochrane Library, CINAHL, PubMed, and Google Scholar databases and search engines. …

Wearable Sensor Efficacy In Detecting Deviations From Normal Gait Patterns: Normative And Mock Pathologic Gait, Kacey Bisienere, Jessica Maddox, Cicely Fabiano

DPT Capstones

Purpose/hypothesis: The purpose of this study is to assess the efficacy of the Smart Wireless Motion Sensors (SWMS) in detecting deviations or abnormalities in gait between normative and traumatic brain injury (TBI) data.

Subjects: We recruited participants from the faculty and students in the University of Texas at El Paso (UTEP) Doctor of Physical Therapy (DPT) program. Inclusion criteria for participation in the study consisted of (a) current faculty and staff in UTEP’s DPT program, (b) 18 years old or older, (c) ambulatory, (d) no history of TBI or any other condition affecting gait and (e) English speaking. Participants were …

Dry Needling As An Alternative Physical Therapy Treatment For Patients With Cervicogenic Headaches: A Systematic Review, Justin Esparza, Bianca Magallanes, Alexis Mendez

DPT Capstones

Background: There has been an increase in prevalence in cervicogenic headaches (CGH) which is commonly accompanied by neck pain, decreased cervical range of motion (ROM), and other symptoms related to neck movement.

Purpose: The objective of this systematic review was to compare manipulation/mobilization versus dry needling (DN) to determine which treatment is most effective in improving pain intensity, ROM, and frequency in individuals with CGH.

Methods: Current literature was retrieved from a search using Pubmed and EBSCO (Medline) databases. The following keywords were used to guide searches: “cervicogenic” “headache” “neck pain” “dry needling” “manipulation” “mobilization” “manual therapy”. After filtering, 10 …

Effectiveness Of Telehealth Physical Therapy Compared To In-Person Physical Therapy On Pain And Disability In Patients With Non-Specific Chronic Low Back Pain: A Retrospective Case Series, Leslie Porras, Andres Fernandez, Sebastian Garcia, Troy Belcher

DPT Capstones

Background: Physical therapy is a successful treatment option for non-specific chronic low back pain (NCLBP). Telehealth physical therapy (TPT) is a beneficial treatment option for various musculoskeletal conditions, but its effectiveness in treating NCLBP remains unclear. The purpose of this study was to assess the effectiveness of TPT compared to in-person physical therapy (IPT) on pain and disability in patients with NCLBP.

Methods: Data were extracted from electronic medical records of adults with NCLBP who received care between June 1, 2020 and September 30, 2021. Patients included males or females who were 18 years or older, had NCLBP, and received …

Do Esports Gamers Differ From Non-Esports Gamers In Posture, Pain, And Range Of Motion?, Erick Sorto, Kendall Pieper, Ronald Ramon

DPT Capstones

Objective: The purpose of this research study is to compare posture, pain and range of motion (ROM) between young adult eSports gamers and non-esports gamers with similar sitting hours throughout an average week.

Methods: Subjects were recruited using social media and physical posts that included a screening survey. In total, 13 potential subjects were screened and 12 met the eligibility criteria. A total of four subjects were recruited to be assessed. Subjects were placed in either the eSports (N=2) or Control group (N=2) based on screening. Subjects were measured for ROM, posture, and pain characteristics. Independent sample t-tests and Pearson’s …

The Effects Of Therapeutic Horseback Riding On The Balance Of A Child With Autism Spectrum Disorder: A Case Study, Liliana De Castro

DPT Capstones

Objective: Therapeutic riding is an emerging tool used by rehabilitation professionals to treat individuals with disabilities. Although recent studies suggest important benefits for this population, the groups represented, and the outcomes studied, in existing literature are limited. Namely, current scholarship focuses on individuals with cerebral palsy, or measures therapeutic outcomes linked to cognitive function in individuals with autism spectrum disorder. The purpose of this case study is to highlight the gross motor benefits that this intervention provided for a child with autism spectrum disorder.

Methods: The subject was a 12-year-old boy who was diagnosed with high functioning autism spectrum disorder. …

The Impact Of The Covid-19 Pandemic And A Physical Therapy Program On Students’ Health Outcomes, Kristin Moreno, Caitlyn Ferguson, Vanessa Garcia

DPT Capstones

Purpose: The COVID-19 pandemic affected many aspects of everyday life including school, fitness regimens, and social interactions. The purpose of this study is to understand how COVID-19 affects the cardiovascular and mental health of Doctor of Physical Therapy (DPT) students as they progress through the program.

Materials and Methods: Data collection occurred in 16 DPT students over a total of 3 visits from 2020 – 2022. Outcome measures included VO2max, Venous Occlusion Plethysmography (VOP), Perceived Stress Scale (PSS) and International Physical Activity Questionnaire (IPAQ). A RM-ANOVA with pairwise comparisons was utilized. Significance was set prior at an α level of …

Comparison Of Aquatic And Land-Based Rehabilitation In Post-Stroke Patients For Balance And Gait: A Systematic Review, Guillermo Mota, Halil Rodriguez, Edgar Hinojosa, Rebeca Baeza

DPT Capstones

Introduction. Cerebral vascular accidents (CVA), or stroke, can lead to impairments in strength, range of motion (ROM), balance, cognition, sensory integrity, and motor function. These several impairments all contribute to a decline in dynamic and static balance among stroke patients. Traditional rehabilitation for stroke involves land-based therapy (LB) techniques addressing impairments within each individual patient. Aquatic therapy (AQ) has also been utilized for rehabilitation in stroke and has been found to be beneficial among stroke patients. The purpose of this Systematic Review (SR) is to compare the effect of AQ and LB therapies on balance and gait. The rehabilitation programs …