An Insufficient Screening: The Constitutionality of Michigan’s Newborn Screening Program

In June 2019, the Sixth Circuit Court of Appeals, in Kanuszewski v. Michigan Department of Health and Human Services, declined to answer whether Michigan’s mandatory newborn screening program violated parents’ fundamental rights to control the medical care of their children, as well as whether the screening constituted an unconstitutional infringement of their children’s Fourth Amendment protections. As a matter of first impression, the Sixth Circuit dismissed these claims under the doctrine of qualified immunity, declining to exercise its discretion to answer the underlying constitutional claims. Although the Sixth Circuit correctly dismissed the defendants on qualified immunity grounds, it missed an opportunity to answer constitutional questions bearing on the effectiveness of Michigan’s public health policy. This Comment argues that Michigan has not sufficiently narrowly tailored its mandatory newborn screening program to its purported goal of protecting the health and well-being of its newest citizens

Torching Athlete Rights: Examining the Fiduciary Duties of the United States Olympic and Paralympic Committee Board of Directors

The United States Olympic and Paralympic Committee (USOPC) is a uniquely situated nonprofit corporation. As a federally incorporated nonprofit corporation, the USOPC’s vast powers derive from an act of Congress. The USOPC possesses exclusive jurisdiction over Olympic and Paralympic representation within the United States, has the sole power to recognize National Governing Bodies (NGBs), which in turn control individual athletes within each sport, and must develop interest within the United States for physical activity. Despite this sweeping scope, there has been to date little accountability for the USOPC board of directors (USOPC Board). Fiduciary duties bind all nonprofit directors. When directors breach these fiduciary duties, law and public policy demand that directors be held responsible. This Note examines three recent decisions of the USOPC Board through a fiduciary duty lens: (1) amending its Bylaws to replace the American Arbitration Association with an arbitral organization of its choosing; (2) altering its mission statement to narrow the definition of athletes it considers itself responsible for; and (3) dispersing grants to NGBs based on a “results oriented resource allocation process.” This Note concludes not only that the USOPC Board breached its fiduciary duties to the United States, NGBs, and amateur athletes, but also that the U.S. Attorney General should enforce these duties and swiftly move to hold the USOPC Board accountable

Understanding Engagement within the Context of a Safety Critical Game

One of the most frequent arguments for deploying serious games is that they provide an engaging format for student learning. However, engagement is often equated with enjoyment, which may not be the most relevant conceptualization in safety-critical settings, such as law enforcement and healthcare. In these contexts, the term ‘serious’ does not only relate to the non-entertainment purpose of the game but also the environment simulated by the game. In addition, a lack of engagement in a safety critical training setting can have serious ethical implications, leading to significant real-world impacts. However, evaluations of safety-critical games (SCGs) rarely provide an in-depth consideration of player experience. Thus, in relation to simulation game-based training, we are left without a clear understanding of what sort of experience players are having, what factors influence their engagement and how their engagement relates to learning. In order to address these issues, this paper reports on the mixed-method evaluation of a SCG that was developed to support police training. The findings indicate that engagement is supported by the experience situational relevance, due to the player’s experience of real-world authenticity, targeted feedback mechanisms and learning challenges

Investigating Socio-critical Discourses in Assessment of Senior Physical Education in New Zealand

There has been a growing interest in and, to some extent, adoption of, ‘socio-critical’ discourses in Health and Physical Education (HPE) in New Zealand and in physical education internationally. Evidence of a paradigm shift involving ‘socio-critical’ discourses is reflected in curriculum documents, course developments and assessment. With a gap in the research that addresses assessment practice in senior physical education in New Zealand, this study explored the selection, interpretation and application of National Certificate of Educational Achievement (NCEA) Level 1-3 standards. A case study methodology was used to generate in-depth insights into the factors influencing patterns of selection and non- selection of those standards explicitly linked to socio-critical discourses. NZQA data on national standard selection in NCEA Level 1-3 physical education from 2006 to 2010 was analysed to inform the case study selection and inquiry. Four teachers at two schools were involved in the research. Data collection methods included document reading, archival records, semi-structured interviews (individual), and a reflective diary. Data analysis was based on Miles and Huberman’s (1994) data management and analysis methods. The key findings showed that factors influencing selection / non-selection of socio-critical standards are complex and decision-making about selection can involve dichotomous thinking. The latter was associated with socio-critical and biophysical discourses, theoretical and practical knowledge and learning, body and mind, and physical education and health as separate knowledge bases. The data provided insight into the impact that issues associated with standard selection and interpretation can have in relation to teachers’ design of teaching and learning programmes, students’ pedagogical experiences and assessment associated with NCEA physical education. Furthermore, teachers’ own habitus, beliefs, value orientation, language and pedagogical practice were shown to have a strong influence on understandings and application of standards. Issues of alignment of curriculum, assessment and pedagogy were also explored. The study highlights the importance of teachers’ understanding of the tensions, knowledge structures and power relations at play between curriculum, assessment and pedagogy. Data revealed important ways in which these matters inform and limit understandings of what constitutes legitimate and valued practice and learning in senior physical education. Implications of this inquiry are explored for educational policy developers, senior secondary HPE teachers, all HPE teachers, HPE departments, pre-service teacher educators, senior secondary teachers working in other subject/learning areas and research. An extensive list of recommendations has been made. Several areas are identified as requiring further research. Further exploration of teachers’ habitus, beliefs and values and the influence these have on the alignment of curriculum, assessment and pedagogy would be useful. In addition research into ‘holistic’ physical education ‘in’, ‘through’ and ‘about’ movement, in the context of NCEA, would facilitate more accurate and meaningful conclusions about teaching and learning and assessment experiences for secondary school students in NCEA physical education

A Training Study using an Artificial Orthography: Effects of Reading Experience, Lexical Quality, and Text Comprehension in L1 and L2

Text comprehension in adults is correlated with a number of other abilities including working memory span, inference making, and reading experience. There are fewer studies reporting correlations between lexical and sublexical skill and comprehension skill in adults. Comprehension skill in adults may constitute (1) a basic comprehension skill, like lexical skill, that drives the ability to construct representations of text and analyze them; (2) a more sensitive measure of lexical skill, for which it is difficult to measure sufficient variability in competent readers; or (3) a learned skill, derived from an individual's reading experience. Reading a greater quantity and more varied texts increases the size of the knowledge base, the efficiency with which information can be accessed, the likelihood that effective reading strategies will be developed, and with these the enjoyment of reading and the desire to read more. These possibilities are explored in this experiment. We developed sensitive tests of lexical skill and measured comprehension skill and lexical skill using multiple tests in a large number of college students. In order to determine the effect of lexical skill on comprehension skill we divided participants into groups based on both variables in a two by two design. Using an artificial orthography allowed us to control reading experience. Patterns of responses to homophones and nonhomophones and to high and low frequency words indicate that differences in lexical skill affect not only the extent and time course of lexical activation but also the direction of the effect. There is some evidence for an interaction with comprehension ability. Lexical skill affected speed of learning and degree of learning success. Comprehension skill affected the ability to use the artificial orthography in other tasks, including ERP tasks. Effects were not mediated by working memory, inferencing, or lexical skill, suggesting the influence of a basic comprehension skill and an ability to assess the needs of new tasks and adapt their performance appropriately. Both lexical and comprehension skill affected performance on tasks in English, suggesting an influence of reading experience

Genome-wide screen for genes involved in Caenorhabditis elegans developmentally timed sleep

In Caenorhabditis elegans, Notch signaling regulates developmentally timed sleep during the transition from L4 larval stage to adulthood (L4/A) . To identify core sleep pathways and to find genes acting downstream of Notch signaling, we undertook the first genome-wide, classical genetic screen focused on C. elegans developmentally timed sleep. To increase screen efficiency, we first looked for mutations that suppressed inappropriate anachronistic sleep in adult hsp::osm-11 animals overexpressing the Notch coligand OSM-11 after heat shock. We retained suppressor lines that also had defects in L4/A developmentally timed sleep, without heat shock overexpression of the Notch coligand. Sixteen suppressor lines with defects in developmentally timed sleep were identified. One line carried a new allele of goa-1; loss of GOA-1 Gαo decreased C. elegans sleep. Another line carried a new allele of gpb-2, encoding a Gβ5 protein; Gβ5 proteins have not been previously implicated in sleep. In other scenarios, Gβ5 GPB-2 acts with regulators of G protein signaling (RGS proteins) EAT-16 and EGL-10 to terminate either EGL-30 Gαq signaling or GOA-1 Gαo signaling, respectively. We found that loss of Gβ5 GPB-2 or RGS EAT-16 decreased L4/A sleep. By contrast, EGL-10 loss had no impact. Instead, loss of RGS-1 and RGS-2 increased sleep. Combined, our results suggest that, in the context of L4/A sleep, GPB-2 predominantly acts with EAT-16 RGS to inhibit EGL-30 Gαq signaling. These results confirm the importance of G protein signaling in sleep and demonstrate that these core sleep pathways function genetically downstream of the Notch signaling events promoting sleep

The role that access and attitudes toward tablets have on learners’ achievement in a Johannesburg school

One of the central themes across education policies in South Africa is ensuring equal access to education in a context of diminishing resources. The roll-out of technology in schools plays a pivotal role in achieving equity. With the emphasis on technology integration, it is imperative to fully understand the factors that influence this process. Thus, this study investigated the role of access to tablets, and learners’ attitudes towards tablets, on learner achievement. A convenience sample of 276 learners from an independent high school in Johannesburg, where tablets were used in the learning environment, completed a cross-sectional survey consisting of a demographics section, a section on access to technology, and a scale on attitudes towards the use of tablets. The results indicate that learner achievement is largely influenced by learner attitudes towards tablets, and in particular, enjoyability of use. Findings provide evidence that tablet provision, while necessary, is not sufficient for the successful integration of tablets and subsequent redress of equality in education in South Africa.Keywords: access; attitudes; educational technology; enjoyability; Information and Communication Technology (ICT); learner achievement; tablet

The Modified Pharaoh Approach: Stingless bees mummify beetle parasites alive

Social insect colonies usually live in nests, which are often invaded by parasitic species^1^. Workers from these colonies use different defence strategies to combat invaders^1^. Nevertheless, some parasitic species are able to bypass primary colony defences due to their morphology and behaviour^1-3^. In particular, some beetle nest invaders cannot be killed or removed by workers of social bees^2-5^, thus creating the need for alternative social defence strategies to ensure colony survival. Here we show, using Diagnostic Radioentomology^6^, that stingless bee workers _Trigona carbonaria_, immediately mummify invading destructive nest parasites _Aethina tumida_ alive, with a mixture of resin, wax and mud, thereby preventing severe damage to the colony. In sharp contrast to the responses of honeybee^7^ and bumblebee colonies^8^, the rapid live mummification strategy of _T. carbonaria_ effectively prevents beetle parasite advancements and removes their ability to reproduce. The convergent evolution of live mummification by stingless bees and social encapsulation by honeybees^3^ suggests that colonies of social bees generally rely on, secondary defence mechanisms when harmful nest intruders cannot be killed or ejected easily. This process is analogous to immune responses in animals