Digital Commons Network^™

Beefing Up Skinny Labels: Induced Infringement As A Question Of Law, Garrett T. Potter

Notre Dame Law Review

This Note proposes a novel argument for improving the application of induced infringement by splitting its elements into separate questions of fact and law, incorporating the relevant perception and reasoning of both judge and jury. Part I provides a primer of the Hatch-Waxman Act and interactions (and lack thereof) between the USPTO and FDA in regulating pharmaceutical compositions. Part II assesses the historical landscape that led to the codification of induced infringement. Part III concludes by proposing an alternate approach by treating an element of induced infringement as a question of law, rather than a question of fact, and sets …

Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez

Notre Dame Law Review

Federal courts of appeals have declared that they may dismiss immigration appeals filed by noncitizens who are deemed “fugitives.” The fugitive disentitlement doctrine emerged in the criminal context with respect to defendants who had escaped from physical custody. Although the doctrine originated out of concerns that court orders could not be enforced against criminal fugitives, the doctrine has since crept into civil contexts, including immigration. But rather than invoking the doctrine for its originally intended purpose of ensuring that court orders could be enforced, courts now primarily invoke it for the purposes of punishment, deterrence, and protecting the dignity of …

Prosecution In Public, Prosecution In Private, Lauren M. Ouziel

Notre Dame Law Review

Criminal procedure has long set a boundary between public and private in criminal enforcement: generally speaking, enforcement decisions at the post-charging stage are exposed to some degree of public view, while those at the pre-charging stage remain almost entirely secret. The allocation of public and private is, at heart, an allocation of power—and the current allocation is a relic. When private prosecutors were the mainstay of criminal enforcement, public court processes effectively constrained them. But those processes do little to constrain the spaces where enforcement power today resides: in decisions by the servants of a state-run, professionalized enforcement apparatus on …

Freedom Seekers: The Transgressive Constitutionalism Of Fugitives From Slavery, Rebecca E. Zietlow

Notre Dame Law Review

In the years leading up to the Civil War, fugitives from slavery put their lives on the line to improve their own status and that of their families in their quest for freedom. Fugitives from slavery, or “freedom seekers,” engaged in civil disobedience, resisting laws that they believed to be unjust and inhumane. In the North, free black people and their white allies supported the freedom seekers by engaging in civil disobedience of their own. The transgressive actions of freedom seekers sparked constitutional controversy during the antebellum era over issues of interstate comity, federalism, citizenship rights, and fundamental human rights. …

The Intent Of The Framer: John Bingham’S Fourteenth Amendment, Michael Zuckert

Notre Dame Law Review

It is not often that a single individual is responsible for constitutional provisions as important as Sections 1 and 5 of the Fourteenth Amendment. My project in this Essay is not to engage in a study of original intent, or original public meaning, or however we wish now to characterize the originalist project, but to engage in a quest for John Bingham’s Amendment, for understanding the Amendment as he understood it. Whether this gives us an authoritative reading of the Amendment for the purposes of constitutional interpretation and adjudication is a separate issue. I treat Bingham as an author and …

How Favored, Exactly? An Analysis Of The Most Favored Nation Theory Of Religious Exemptions From Calvary Chapel To Tandon, Luray Buckner

Notre Dame Law Review

In this Note, I argue that Justice Kavanaugh’s most favored nation test for religious exemptions actually differs from the one employed by the majority of the Court in Tandon. The majority’s formulation of the test is vague and explicitly requires courts to engage in a fact-intensive comparability analysis. Practically, lower courts applying Tandon to religious exemption questions have exploited this comparability step to rule against religious claimants generally, but more specifically to deny them strict scrutiny. Because the Tandon test was formulated to apply to all free exercise claims, the test is necessarily framed in more general terms and …

Up In Smoke: Why Regulating Social Media Like Big Tobacco Won’T Work (Yet!), Ian Mckay

Notre Dame Law Review

Lawmakers, pundits, and tech executives’ assertion that social media should be regulated like tobacco in order to protect American teenagers is oversimplistic. While the comparison makes for a good sound bite for the press, the argument disregards the inherent differences between regulating a physical product that has no constitutional protection and a virtual product that can implicate both users’ and social media companies’ First Amendment rights. This paper will identify and analyze some of the main pillars of the tobacco regulatory scheme and apply them to social media products. In Part I, I will define social media and provide a …

The Nebraska Covid-19 Early Care And Education Provider Survey Iii: “Holding It Together—And Hanging By A Thread” May 2022, Alexandra Daro, Kathleen C. Gallagher, Kristen M. Cunningham

Buffet Early Childhood Institute Reports and Publications

In February 2022, the Buffett Early Childhood Institute conducted the Nebraska COVID-19 Early Care and Education Survey III, in collaboration with state agencies, University of Nebraska faculty, and organization partners. This third survey examined the impact of the COVID-19 pandemic on Nebraska’s child care professionals and its implications for practice and policy. Results from the previous surveys, released in April and August 2020, indicated that early care and education professionals in Nebraska, who were already vulnerable prior to the pandemic, have been negatively impacted from the start of the pandemic. The first survey elevated providers’ immediate needs, including funding relief, …

Multi-Scale Convolutional Neural Network For Automated Amd Classification Using Retinal Oct Images, Saman Sotoudeh-Paima, Ata Jodeiri, Fedra Hajizadeh, Hamid Soltanian-Zadeh

Research Administration Articles

BACKGROUND AND OBJECTIVE: Age-related macular degeneration (AMD) is the most common cause of blindness in developed countries, especially in people over 60 years of age. The workload of specialists and the healthcare system in this field has increased in recent years mainly due to three reasons: 1) increased use of retinal optical coherence tomography (OCT) imaging technique, 2) prevalence of population aging worldwide, and 3) chronic nature of AMD. Recent advancements in the field of deep learning have provided a unique opportunity for the development of fully automated diagnosis frameworks. Considering the presence of AMD-related retinal pathologies in varying sizes …

Inter-Cell Slicing Resource Partitioning Via Coordinated Multi-Agent Deep Reinforcement Learning, Tianlun Hu, Qi Liao, Qiang Liu, Dan Wellington, Georg Carle

School of Computing: Faculty Publications

Network slicing enables the operator to configure virtual network instances for diverse services with specific requirements. To achieve the slice-aware radio resource scheduling, dynamic slicing resource partitioning is needed to orchestrate multi-cell slice resources and mitigate inter-cell interference. It is, however, challenging to derive the analytical solutions due to the complex inter-cell interdependencies, interslice resource constraints, and service-specific requirements. In this paper, we propose a multi-agent deep reinforcement learning (DRL) approach that improves the max-min slice performance while maintaining the constraints of resource capacity. We design two coordination schemes to allow distributed agents to coordinate and mitigate inter-cell interference. The …

Ace Newsletter May 2022, State University Of New York At Cortland

Programs

Access to College Education Program Newsletter May 2022

Identifying Motivators, Facilitators, And Barriers To Engaging In An Online Fine Motor Exercise Program, Kristine Ricossa, Kyndra Menefee, Lauren Rally, Mia Do, Charis Chan

Occupational Therapy | MSOT Capstone Projects

Purpose: The aim of this qualitative study was to examine the impact of the motivators, facilitators and barriers for individuals with Parkinson’s Disease (PD) in engaging in a fine motor exercise program given online. Methods: Using a phenomenological design, a purposive sample of 6 individuals with PD were recruited. Data were collected through semi-structured interviews via zoom with follow up member checks. Data were analyzed through an inductive approach by developing generalizations from themes based on the interview data. Results: Three common themes were developed, ‘integrating and forming habits’, ‘acknowledging participation in exercise can fight the disease’, ‘recognizing improvement in …

Research Update - May 2022, Office Of Research

Research Update

No abstract provided.

Vitamin D And Its In Vitro Therapeutic Action Mediated Through Vdr Rather Than Pdia3, Jaeden Pyburn

Undergraduate Honors Theses

Brain calcification is a common occurrence in the aging process, with >20% of individuals over the age of 65 showing hardened plaques in the basal ganglia. Loss of the vitamin D receptor (VDR) in transgenic mice leads to formation of calcified plaques in the basal ganglia and thalamus within the mice. Vitamin D signals through two known vitamin D responsive proteins, protein disulfide isomerase A3 (PDIA3) and VDR. In vitro, vitamin D has been demonstrated to suppress calcification in osteoblast-like cells. Here, we aim to elucidate which of either PDIA3 or VDR transduce vitamin D mediated suppression of calcification in …

Daydream’S Innovation Grant: A Year In Review, Janelle Le Roy '23, Julia Tran '23, Ela Gadi '23, Michelle Li '23

IMSA Innovation Grant

IMSA is a residential school with a rigorous math and science curriculum. Students here are ambitious and competitive, taking a variety of advanced classes. With IMSA’s many academic benefits, comes various intense pressures in its high-stress environment. As a part of this community, we have noticed our peers often negatively handle their stress by isolating themselves, staying up late, under and overconsumption, and procrastination. These habits are so normalized that as new students come into IMSA, they start to develop them too.

Political, Racial, And Household Income Barriers For Access To Healthcare In Illinois Counties, Kennedy Bray '23

Student Publications & Research

Access to health care impacts many people throughout the United States, as it restricts their ability to solve their health concerns. People who have the highest risk of a lack of access include people who are uninsured, people a part of a specific social class, or people belonging to a specific political party. In a particular geographical region, these factors could lead to groups of people suffering because of circumstances that they cannot control in their region. In my project, I determine how better access to healthcare and the percentage of people insured are affected by a measurement of the …

Hadron, Lily Song '23, Anisha Kolambe '24, Gautham Anne '23, Samuel Go '23

Hadron Magazine

• Pg 4 : The Impact of a Sip of Coffee
• Pg 8 : Any Ideas About Sonoluminesence?
• Pg 11 : Memory, Memory, and the Brain
• Pg 13 : Climate Change Soon to Be a Thing of the Past?
• Pg 15 : Non Fungible Tokens

Higher Education Housing Professionals And Disability: A Grounded Theory Exploration Of Resident Directors’ Understandings Of Disability, Christopher Toutain

Education (PhD) Dissertations

The residential experiences of students with disabilities in higher education play a pivotal role in their overall campus education. However, little is known about the ways in which the staff who manage and support these residential environments understand and work with issues and concepts of disability. Utilizing constructivist grounded theory, this study examines the ways in which resident directors think about and work with disability within their positions of residential management. The study also explores the ways in which resident directors think about and understand disability as a component of diversity, the steps that resident directors take in working with …

A Critical Discourse Analysis Of Teacher Preparation Standards Within Inclusion-Intensive States, Kay Lynn Ceja

Education (PhD) Dissertations

Federal law calls for students with disabilities to be educated in the least restrictive environment possible. However, this still allows for students with disabilities to be placed in a range of educational settings, from the general education classroom to a separate school. The number of students with disabilities that are included to the maximum extent possible in the general education classroom varies by state. This study focused on the role of teacher training as defined by state drive teacher education standards. The purposeful outlier sample was selected by identifying the 12 states with the highest levels of inclusion of students …

Beta Drift: Forecasting The Manifold Relationships Between Students And Their Pursuit Of Stem Careers, Douglas D. Havard

Education (PhD) Dissertations

The purpose of this study was to examine the extent to which motivational and persistence factors predict the occupational career choices of underrepresented students in their pursuit of a STEM career. Data selected from the High School Longitudinal Study beginning with the base year through the fourth wave were employed in a large-scale multinomial regression analysis. Anticipated STEM occupation at the age of 30 was examined across six years of complex survey data using multiple taxonometric definitions. Social Cognitive Career Theory provided the theoretical framework for defining relevant factors affecting this STEM pursuit construct. The findings from the study suggest …

Disabled Idf Veterans In Israeli Higher Education: Disability Identity And Use Of Support, Einat Ben Dov

Education (PhD) Dissertations

Even though military service in Israel is mandatory and common among the state population, Israeli Defense Forces (IDF) veterans with disabilities are rarely represented in the literature regarding their experience in Israeli higher education (HE). This study aimed to fill this gap by investigating the experiences of disabled IDF (DIDF) veteran students, their experiences as students, identities, challenges, and utilization of support resources on their campuses. The relevant fields of Disability Studies, Veteran Studies, and the use of disability support services on campus are discussed in this study, focusing on the implementation of accessibility regulations and practices in the Israeli …

Practicing Organizational Care: Using Human-Centered Approaches To Facilitate Change In Your Library, Meghan Musolff, Annie Bélanger

Presentations

Most traditional change management practices seek to mitigate risk. They focus on process and implementation over listening, compassion, and healing. By using human-centered change methodologies and approaches, we will explore ways to tailor change efforts in ways that honor the individuals and the organization. We will consider how to engage in a change that harnesses the strengths of the team, making space for voices to be heard.

Comparison Of Treadmill Training For Individuals Post-Cerebrovascular Accident In Normalizing Reciprocal Gait And Improving Balance: A Systematic Review, Gregory Bell, Kayla Harrell, Alex Loya, Nora Salgado

DPT Capstones

Background. Optimizing rehabilitation techniques for patients with chronic stroke remains an ongoing effort. Previous research has yet to synthesize the effectiveness of underwater treadmill training (UTT) and body weight supported treadmill training (BWSTT) for improving common impairments in balance and gait.

Purpose. The purpose of this review was to compare the effectiveness of UTT in helping to normalize reciprocal gait pattern and improve balance compared to BWSTT in patients with chronic cerebrovascular accidents (CVA).

Data Sources. CINAHL, Medline, PubMed, and Embase databases were searched over a period of several months from October of 2020 through March of 2021.

Study Selection. …

Implicit Bias Regarding Race In Physical Therapist Students: A Mixed Method Study, Brianna Dawkins, Joseph Kennerly

DPT Capstones

Introduction: Bias is defined as a tendency to show favor for or against something or someone; bias can be implicit or explicit. When their implicit biases are left unchecked, healthcare practitioners are more likely to negatively affect patient health outcomes. The purposes of this study were to examine implicit racial bias among physical therapist students, and explore their perspectives about how cultural competency content regarding race and ethnicity could be improved in their current education program.

Methods: Thirty-three students from the Doctor of Physical Therapy (DPT) Program at The University of Texas at El Paso (UTEP) completed a pre-Implicit Association …

Examining Grit And Social Capital In First-Generation And Continuing Generation Students In A Doctor Of Physical Therapy Program, Maria Isabel Avila

DPT Capstones

Background and Purpose: Decreasing educational disparities experienced by minorities is an important step toward improving diversity in healthcare. The purposes of this study were to identify if grit or social capital is related to Doctor of Physical Therapy (DPT) student success, and to identify if First Generation College Students (FGCSs) have different levels of grit and social capital compared to their Continuing Generation College Student (CGCS) peers.

Subjects: Participants were 1st, 4th, and 7th-semester students in the 9-semester DPT Program at The University of Texas at El Paso (UTEP) in summer 2020.

Methods: This was an exploratory, non-experimental study employing …

Does Exergaming Improve Physical And Mental Health Outcomes For Individuals Living With Severe Mental Illness Compared To Traditional Treatment: A Systematic Review, David González, James Walther

DPT Capstones

Background: Physical activity improves physiological and psychological health outcomes. Increased research has been dedicated to the effect of physical activity through active video game play. Limited studies have explored active video game play in people diagnosed with severe mental illness (SMI). The term “exergaming” is relatively new but describes the current body of research studies that employ active video game play in lieu of traditional exercise. This review focuses on finding the most current available evidence exploring the effects of physical activity through exergaming on the physical and psychiatric health outcomes of people with SMI.

Methods: Articles across 6 databases …

Ultrasound Imaging Can Surrogate Mechanical Skinfold Calipers Assessing Subcutaneous Adipose Tissue And Body Fat Mass When A Standardized Protocol Is Used, Angel Rodriguez, Sebastian Lopez

DPT Capstones

Purpose: The purpose of this study is two-fold: 1) to determine the agreement between ultrasound (US) imaging and mechanical skinfold (SF) caliper measurements using a standardized protocol and 2) to determine the agreement between SF caliper and US imaging inestimating total body fat mass and percent body fat mass using anthropometric formulas for body composition.

Methods: The present study has a repeated measures design where 2 independent testers measured 8 SFs using a mechanical caliper and US imaging, respectively, on 49 volunteers (24 males and 25 females). Anthropometric protocol followed the International Society for the Advancement of Kinanthropometry’s (ISAK) standardization …

Efficacy Of 4-D Smart Wireless Motion Sensors For Analysis Of Gait: A Pilot Study, Juan Torres, Jonathan Britton

DPT Capstones

Background: Wearable technology has become a widely utilized method of objective data collection in healthcare. Several barriers currently exist that are limiting their clinical utility. 4-D Smart Wireless Motion Sensors (4-D SWMS) have been developed to offer a less obtrusive wireless sensor that can be used in a variety of settings. The addition of machine learning to captured motion sensor data has the ability to improve classification accuracy in the analysis of gait.

Purpose: The purpose of this pilot study is to determine whether the 4-D SWMS are sensitive enough to accurately differentiate normal gait parameters in healthy individuals.

Methods: …

Effects Of Neuromuscular Interventions Utilizing External Biofeedback Apparatuses On The Risk And Incidence Of Second Anterior Cruciate Ligament Injuries: A Systematic Review., Marisa Olmo, Rebecca Sharp

DPT Capstones

STUDY DESIGN: Systematic review.

BACKGROUND: Anterior cruciate ligament (ACL) injury is a common orthopedic condition with an estimated rate of 20,000 to 600,000 injuries in the US per year, with higher incidences in athletic and female populations. The rate of re-injury following surgical ACL repair (ACLR)ranges between 13.8-33.3%. Current clinical practice guidelines for ACLR rehabilitation cite inconclusive evidence for definitive outcome measures that accurately determine successful return to sport (RTS). There is a need to establish more effective avenues of rehabilitation interventions to decrease the rate of reinjury, particularly in female athletes. Recent evidence suggests interventions utilizing external biofeedback apparatuses …

Acute Hemodynamic Responses In Women Older Than 40 Years Old Following Resistance Training With Blood Flow Restriction Compared To Resistance Training Alone: A Systematic Review, Larissa Castro, Roger Castro, Michelle Constante, Seles Lerma

DPT Capstones

Introduction: Blood flow restriction (BFR) is a novel training method that has gained recent popularity given the benefits and similar results to resistance training (RT) with lower intensities. The authors of this systematic review sought to determine the acute hemodynamic effects of BFR plus RT compared to RT alone in women over 40 years old.

Methods: The databases searched included Pubmed, EBSCO (Cumulative Index of Nursing and Allied Health Literature (CINHAL), SPORTDiscuss, Medline, Academic Search Complete) and Cochrane. Keywords utilized included BFR, occlusion therapy, female, older female, women, older women, RT, hemodynamic, blood pressure, and the boolean phrase utilized was …