Digital Commons Network^™

Confronting Intellectual Property Nationalism, Cynthia M. Ho

Faculty Publications & Other Works

Stories about nations engaging in vaccine (and medical) nationalism by hoarding limited COVID-19 vaccines and treatments are widespread, but there is a hidden phenomenon that has exacerbated vaccine nationalism and prolonged the pandemic: intellectual property nationalism or “IP nationalism.” This Article coins and explains this term and highlights its negative impacts. Essentially, some nations, primarily of the Global North, are hoarding essential knowledge protected by intellectual property (IP). This Article argues that IP nationalism has contributed to millions of unnecessary deaths and limited the growth of the global economy. Meanwhile, countries and pharmaceutical companies obscure the role of IP nationalism …

Interring The Unitary Executive, Christine Chabot

Faculty Publications & Other Works

The President's power to remove and control subordinate executive officers has sparked a constitutional debate that began in 1789 and rages on today. Leading originalists claim that the Constitution created a “unitary executive” President whose plenary removal power affords her “exclusive control” over subordinates' exercise of executive power. Text assigning the President a removal power and exclusive control appears nowhere in the Constitution, however, and unitary scholars have instead relied on select historical understandings and negative inferences drawn from a supposed lack of independent regulatory structures at the Founding. The comprehensive historical record introduced by this Article lays this debate …

Locking Down "Reasonable" Cybersecurity Duty, Charlotte A. Tschider

Faculty Publications & Other Works

Following a data breach or other cyberattack, the concept of “reasonable” duty, broadly construed, is essential to a plaintiff’s potential causes of action, such as negligence, negligence per se, breach of contract, breach of fiduciary duty, and any number of statutory claims. The impact of an organization’s discretionary choices, such as whether to take specific security steps for a system, may result in potential risk to an individual, another organization, or the organization itself. Although organizations regularly engage in cybersecurity risk analysis, they may not understand what practices will be considered reasonable in a court of law and are therefore …

Something Rots In Law Enforcement And It's The Search Warrant: The Breonna Taylor Case, Blanche Bong Cook

Faculty Publications & Other Works

When police rammed the door of Breonna Taylor’s home and shot her six times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the warrant, it is also about the legality of the circumstances that facilitated her killing. Police officers lying to obtain warrants and magistrates rubber stamping facially defective warrants are the stories of individual failings. This article examines a weightier structural issue: how the Supreme Court …

Good Intentions: Administrative Fiat And The General Welfare Exclusion, Samuel D. Brunson, Christian A. Johnson

Faculty Publications & Other Works

Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless Congress explicitly exempted the income from taxation. But in the income tax’s second decade, the Bureau of Internal Revenue created an exception to the broad reach, an exception not grounded in any type of Congressional enactment. The Bureau’s practice of excluding certain benefits began innocuously in the late 1930s by excluding certain social security benefits from gross income. Over the decades, the IRS has used what it now refers to as the “general welfare exclusion” to exclude …

Pick The Lowest Hanging Fruit: Hate Crime Law And The Acknowledgment Of Racial Violence, Jeannine Bell

Faculty Publications & Other Works

The US. has had remedies aimed at racial violence since the Ku Klux Klan Act was passed in the 1870s. Hate crime law, which is more than thirty years old, is the most recent incarnation. The passage of hate crime law, first at the federal level and later by the states, has done very little to slow the rising tide of bigotry. After a brief discussion of state and federal hate crime law, this Article will critically examine the country's approach to hate crime. The article will then discuss one of the most prevalent forms of hate crime—bias-motivated violence that …

A Pop Culture Guide To Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

Antitrust is having quite a moment. New competition cases and investigations abound in the United States and around the world, challenging the dominance of tech platforms and other powerful firms. There are numerous legislative changes under consideration. The new Presidential Order on competition1 and other proposals for change all indicate additional changes are coming. But is antitrust also being depicted in popular culture in a way that fairly reflects the law and its current relevance?

More importantly, where can you go for a good movie, TV show, book, or Broadway show about the area of law that has been called …

Locking Down 'Reasonable' Cybersecurity Duty, Charlotte A. Tschider

Faculty Publications & Other Works

Following a data breach or other cyberattack, the concept of “reasonable” duty, broadly construed, is essential to a plaintiff’s potential causes of action, such as negligence, negligence per se, breach of contract, breach of fiduciary duty, and any number of statutory claims. The impact of an organization’s discretionary choices, such as whether to take specific security steps for a system, may result in potential risk to an individual, another organization, or the organization itself. Although organizations regularly engage in cybersecurity risk analysis, they may not understand what practices will be considered reasonable in a court of law and are therefore …

Assessing The Accuracy And Deficits Of Popular Drug-Interaction Software Programs In Detecting Interactions Between Cannabis And Pharmaceutical Drugs, Nathan C. Ramsbacher

Undergraduate Theses, Professional Papers, and Capstone Artifacts

- Purpose – The management of drug interactions in healthcare is a large concern for pharmacists and other healthcare professionals, especially for patients requiring large amounts of medications. Healthcare professionals and patients alike utilize drug-interaction software programs (DISPs) frequently to manage medications and make clinical decisions. There is a large discrepancy between DISPs in terms of detecting clinically significant drug interactions. Notably, cannabis does not flag as an interaction as reliably as pharmaceutical drugs on many DISPs. With rising cannabis use in the United States, patients deserve to make decisions on how to safely use cannabis with their prescription drugs …

Winter Wings: An Introduction To Environmental Education, Samuel G. Mothner

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Roots To Reasons: A Podcast Series - Emotional, Intellectual, & Substantive Environmental Conversations, Abigail Vogt, Damara Stewart, Sarah Griffin, Rowan Ulrigg, Sierra Franklin, Cara Shepard

Undergraduate Theses, Professional Papers, and Capstone Artifacts

As six students of the Resources and Sustainability Global Theme of the Franke GLI program our capstone project addresses the need for emotional, intellectual and substantive environmental conversations, a lack thereof we all have observed in our studies and daily lives. We conducted research of scholarly sources that found experience, upbringing, biases, and emotions are influencers of a person’s attitude and behavior toward the environment and climate change. Attitude is expressed through a person’s morals that inform behavior. The topics of environment and climate change are largely interpreted and expressed through pathos, which is easily manipulated by social media, marketing, …

The Future Of Food Production At Um: Learning From The Past & Envisioning The Future Of Campus Gardens, Elizabeth Todd

Undergraduate Theses, Professional Papers, and Capstone Artifacts

From 2010 to 2022, the Lommasson garden was a 3,600 square feet plot of land on the University of Montana’s campus in Missoula, Montana. The space produced mixed vegetables, herbs, native plants, a beehive, and seasonal duck occupants. It was used for educational purposes, internships, and employment, including 2-6 garden interns each year. In spring 2022, the garden was demolished to make room for a new campus dining hall and the start of a new student life center. Having a space centrally located on a college campus is a great way to promote healthy eating, teach students about food system …

The First Armadillo In Smith County, Vicki Betts

Presentations and Publications

Newspaper accounts of the first armadillos seen in Smith County, 1925-1930.

Parental Perspective On Functional Behavior Post Hippotherapy, Matthew Lichter Ots, Rebecca Simon Edd, Otr/L, Faota, Sheila Stahl Pt/R

Occupational Therapy Doctorate Capstones

Hippotherapy originates in ancient Greece and through time has evolved into an evidence-based practice for occupational therapists, physical therapists, and speech & language pathologists (AHA, 2020a). Hippotherapy uses horses as a modality to promote clients in achieving therapeutic goals. Through large amounts of neuromotor inputs, therapists are able to facilitate functional outcomes (AHA, 2020b).

The purpose of this study is to gain insight into the latency effect hippotherapy may have on children through the observations of their caregivers. A better understanding of the amount of time the effects on function brought on through the use of hippotherapy could provide a …

Improving Teacher Knowledge Of Sensory Strategies In Elementary Classrooms, Sukhman Matharu Ots, Tania Rosa Otd, Otr/L, Rebecca Simon Edd, Otr/L, Faota

Occupational Therapy Doctorate Capstones

Research states teacher education by occupational therapy (OT) has been shown to have a positive impact on children as well as school systems as a whole as occupational therapists are skilled at recognizing and treating sensory related disorders (Miller-Kuhaneck & Watling, 2017). Teacher collaboration with OT is essential to provide effective interventions and create a comfortable classroom environment where a child feels safe both mentally and physically (Miller-Kuhaneck & Watling, 2017). The classroom environment should accommodate students’ sensory differences and promote strengths in order for them to be successful (Prestia, 2004). However, there is a lack of research on the …

Occupational Therapy Practitioners' Role In Advocating For Access To Transportation, Emily Rindermann Ots, Nancy J. Dooley Phd., Otr/L, Cdp

Occupational Therapy Doctorate Capstones

Brookline, Massachusetts is a town neighboring Boston with a population of 63,191 (Census, 2020). The age-friendly town of Brookline provides extensive public transportation opportunities and services to engage in community mobility, with access to trains, trolleys, and buses. In 2020, 20.9% of Brookline residents were over the age of 60. As people age, the importance of access to transportation, public or private, becomes exponentially more important to their independence, freedom, and quality of life. Due to limitations with mobility, cognition, and other physical implications related to aging, many older adults may choose to not use public transportation. The issue at …

Transition To Motherhood: Creating Balance In Prenatal And Postnatal Working Mothers, Ashika Shah Ots, Jamie O’Day Bsn, Rn, Ibclc, Jennifer Swanberg Mmhs, Otr/L, Sujata Martin Ms, Otr/L

Occupational Therapy Doctorate Capstones

Occupational balance is the ability to look after oneself, contribute to society, be economically active, enjoy life, have fun, and maintain health and wellbeing (Horne et al., 2005). Occupational disruption is when a person’s normal pattern of occupational performance is disrupted due to a significant life event, e.g., the birth of a child (Horne et al., 2005). This state should be temporary and with support can be resolved. Role overload is when a client takes on multiple roles simultaneously and lacks the resources needed, e.g., time and psychological demands. Postpartum and pregnant working women have been shown to experience occupational …

Improving The Health And Wellbeing Of Mothers Of Children With Disabilities, Kelly O’Brien Ots, Nancy Dooley Ph.D., Otr/L, Cdp, Tara Hayes Bs, Cchw

Occupational Therapy Doctorate Capstones

Many parents, especially mothers, expend significant physical and emotional resources caring for their child with a disability.

Two primary issues that mothers of children with disabilities face are mental health issues, such as anxiety and depression and decreased physical health and well-being. A health and wellness program called Healthy Mothers Healthy Families (HMHF) targets Australian mothers of children with disabilities and combines important supports and interventions that provide quality care for mothers in need for the purpose of improving their overall health and wellness.

Research Aims:

Determine the acceptability and relevance of the Australian based HMHF program to the mothers …

The Impact Of Assistive Technology On Social-Emotional Learning From A Teacher Perspective, Lia R. Cucinotta Ots, Tania Rose Otd, Otr/L, Nancy Dooley Phd, Otr/L, Cdp

Occupational Therapy Doctorate Capstones

Building social-emotional (SEL) skills is vital to obtaining success in the school environment. SEL skills aid students in building and maintaining friendships and understanding how to self-regulate and problem solve when difficult situations arise. Assistive technology can be used as a tool to help students with various needs develop competence in this area (Mitchem et al., 2007). Assistive Technology, referred to as AT, can be defined as any item or piece of equipment used to enhance, improve, or maintain functional status of individuals with disabilities (ATIA, 2022). In contrast to recently published literature, this capstone project focused on implementing classroom-based …

Development Of A Career Skills Training Program For Adults With Down Syndrome, Lydia Gruber Ots, Rebecca Simon Edd, Otr/L, Faota

Occupational Therapy Doctorate Capstones

Unemployment rates across the globe for persons with disabilities (PWD) are disproportionately higher than rates for the typical population. As of September 2020, the unemployment rate for adults with disabilities in the United States was over 13%. Individuals with disabilities as a collective are comprised of many domains, including physical disabilities or intellectual or developmental disabilities (IDD). Statistics pulled from the results of the National Core Indicator’s Adult Consumer Survey showed that only 16% of individuals with Down syndrome (DS) 18 years and older were employed, which corroborates the information provided by the U.S. Department of Labor. While the employment …

Development Of Site-Specific Programming And Policies To Support Level Ii Fieldwork In A Role-Emerging Practice Area, Leila C. Schaper Ots, Jennifer Swanberg Ph.D., Mmhs, Otr/L, Sharon Swift Otr/L, Atp, E.D.

Occupational Therapy Doctorate Capstones

The profession of occupational therapy is facing, and will continue to face, shortages among level II fieldwork sites. Traditionally, a level II fieldwork placement is a 12-week, full-time experience, with a 1:1 student: supervisor ratio in a typical healthcare or school setting (1). The shortage of placements is occurring because there is of a shortage of fieldwork educators, an increased demand for occupational therapy (OT) services, and an increasing number of students entering OT programs. The American Occupational Therapy Association (AOTA) has shared ways for fieldwork coordinators to combat placements shortages. Suggestions included one supervisor for multiple students, developing a …

At Home Educational Resources For Caregivers Of Children With Feeding Difficulties, Julia Testori Ots, Rebecca Simon Edd, Otr/L, Faota, Kayla Pirri Otr/L, Clc

Occupational Therapy Doctorate Capstones

Pediatric feeding difficulties are common all across the world. In fact, 1 out of 4 children worldwide will have a feeding difficulty stemming from a behavioral tendency, sensory issue, autism diagnosis, or other condition that affects their ability to eat similarly to their typically developing peers. Feeding difficulties include aversions to food because of taste, texture, etc., swallowing disorders, oral motor difficulties, failure to thrive, inability to cue hunger or fullness, or challenging behaviors at mealtime. Primary caregivers who are not properly educated on their children’s feeding difficulties may experience increased difficulty caring for them in their natural settings. They …

Sensory Education And Resources For Staffatan Adult Day Habilitation Center, Jessica Karcher Ots, Nancy Dooley Ph.D., Otr/L,Cdp, Eve Montague Msm, Mt-Bc

Occupational Therapy Doctorate Capstones

Site Description:

• New England Village provides residential, employment, community-based day services, day habilitation, and community enrichment programs for adults who are 22 years of age or older and who have a diagnosis of a developmental or intellectual disability or a developmental delay.

• The Efron Center for Enrichment, the primary site for this capstone project, is one of the day habilitation programs that New England Village provides.

• The Efron Center for Enrichment focuses on the overall function of its members. The staff members provide skill-based programming focused on developmental, motor, and life skills, communication, and meaningful participation in …

Bostock: A Clean Cut Into The Gordian Knot Of Causation, Melissa Essary

Scholarly Works

Regardless of merit, most individual employment discrimination claims die a fast death at summary judgment. Judges apply the fine mesh net created by McDonnell Douglas v. Green, and most cases are caught in its trap. This dated, obfuscatory Supreme Court case creates a complex and flawed binary approach to causation: either discrimination or an innocent reason caused an adverse employment action. For decades, all three levels of the federal judiciary have wrestled with McDonnell Douglas, creating snarls and knots in construing causation. Because of this causal confusion, the ideal of equal opportunity in employment is on life-support.

Judges …

Evaluating The Data Of Patient Scales (Phq-9, Bdi, Gad-7) From The Lehigh Valley Health Network Transcranial Magnetic Stimulation (Tms) Program, Courtney Chellew, Eugene Kim, Brett Williamson Msw, Mba

Department of Psychiatry

No abstract provided.

Comparing Mean & Peak Barbell Velocity During Traditional And Accentuated Eccentric Loaded Back Squats, Zach S. Schroeder, Lauren K. Marshall, Lea C. Katanick, Brookelyn A. Campbell, Conor J. Cantwell, Christopher B. Taber, Timothy J. Suchomel

Exercise Science Faculty Publications

MV: There were statistically significant main effects present for both condition (p = 0.002; g = 0.10-0.23) and load (p < 0.001; g = 0.95-3.93). However, the condition x time interaction effect was not statistically significant (p = 0.259). • PV: There were statistically significant main effects present for both condition (p = 0.016; g = 0.11-0.23) and load (p < 0.001; g = 0.42-1.6), but there was no statistically significant condition x time interaction effect (p = 0.101). • Post hoc analysis indicated that there was a significant difference between MV (p = 0.006) and PV (p = 0.032) between the traditional and 100% AEL conditions. • Moderate effect sizes were found with MV between the traditional and 100% AEL conditions at both 70% CON (g = 0.55) and 80% CON (g = 0.70). • No practically significant differences were found for PV.

Needle In A Bail Stack: How Humphrey's Vague Ruling Leaves Lawyers Searching, Sara Riegler

California Western Law Review

No abstract provided.

Qualified Immunity, Supervisor Liability, And Gender Violence: Barriers To Accountability, Julie Goldscheid

California Western Law Review

No abstract provided.

Anatomical Diagrams And Dolls: Guidelines For Their Usage In Forensic Interviews And Courts Of Law, Victor Vieth

Mitchell Hamline Law Review

No abstract provided.

A New Reality: Deepfake Technology And The World Around Us, Molly Mullen

Mitchell Hamline Law Review

No abstract provided.