Square Pegs and Round Holes: Moving Beyond Bivens in National Security Cases

Since its inception, the Supreme Court has largely orphaned the Bivens doctrine, a child of its own jurisprudence. In doing so, the Court has repeatedly invoked dicta from the Bivens case warning that unspecified “special factors counseling hesitation” could preclude judicial recognition of future constitutional remedies. Picking up on this thread, lower courts have notably limited the justiciability of Bivens claims in cases challenging counterterrorism-related government conduct. This so-called “national security exception” to the Bivens doctrine has created a substantial hurdle to individual justice and government transparency. This Note therefore proposes the creation of an Article I administrative court with jurisdiction over post-deprivation constitutional claims in national security cases. Part II traces the evolution of the Bivens doctrine and the national security exception; Part III discusses how the lack of a viable judicial remedy has created a critical accountability gap; and Part IV describes the proposed structure and responsibilities of this new tribunal

Estimation and Validation of a Multiattribute Model of Alzheimer Disease Progression

OBJECTIVES: To estimate and validate a multiattribute model of the clinical course of Alzheimer disease (AD) from mild AD to death in a high-quality prospective cohort study, and to estimate the impact of hypothetical modifications to AD progression rates on costs associated with Medicare and Medicaid services. DATA AND METHODS: The authors estimated sex-specific longitudinal Grade of Membership (GoM) models for AD patients (103 men, 149 women) in the initial cohort of the Predictors Study (1989-2001) based on 80 individual measures obtained every 6 mo for 10 y. These models were replicated for AD patients (106 men, 148 women) in the 2nd Predictors Study cohort (1997-2007). Model validation required that the disease-specific transition parameters be identical for both Predictors Study cohorts. Medicare costs were estimated from the National Long Term Care Survey. RESULTS: Sex-specific models were validated using the 2nd Predictors Study cohort with the GoM transition parameters constrained to the values estimated for the 1st Predictors Study cohort; 57 to 61 of the 80 individual measures contributed significantly to the GoM models. Simulated, cost-free interventions in the rate of progression of AD indicated that large potential cost offsets could occur for patients at the earliest stages of AD. CONCLUSIONS: AD progression is characterized by a small number of parameters governing changes in large numbers of correlated indicators of AD severity. The analysis confirmed that the progression of AD represents a complex multidimensional physiological process that is similar across different study cohorts. The estimates suggested that there could be large cost offsets to Medicare and Medicaid from the slowing of AD progression among patients with mild AD. The methodology appears generally applicable in AD modeling

Patient Dependence and Longitudinal Changes in Costs of Care in Alzheimer's Disease

BACKGROUND/AIMS: To examine the incremental effect of patients' dependence on others, on cost of medical and nonmedical care, and on informal caregiving hours over time. METHODS: Data are obtained from 172 patients from the Predictors Study, a large, multicenter cohort of patients with probable Alzheimer disease (AD) followed annually for 4 years in 3 University-based AD centers in the USA. Enrollment required a modified Mini-Mental State Examination score >or=30. We examined the effects of patient dependence (measured by the Dependence Scale, DS) and function (measured by the Blessed Dementia Rating Scale, BDRS) on medical care cost, nonmedical care cost, and informal caregiving time using random effects regression models. RESULTS: A one-point increase in DS score was associated with a 5.7% increase in medical cost, a 10.5% increase in nonmedical cost, and a 4.1% increase in caregiving time. A one-point increase in BDRS score was associated with a 7.6% increase in medical cost, a 3.9% increase in nonmedical cost and an 8.7% increase in caregiving time. CONCLUSIONS: Both functional impairment and patient dependence were associated with higher costs of care and caregiving time. Measures of functional impairment and patient dependence provide unique and incremental information on the overall impact of AD on patients and their caregivers

Professional learning community and non-Professional Learning Community schools : a quantitative study of perceptions of teachers on trust, professionalism, and change

Advisors: Teresa Wasonga.Committee members: Christine Kiracoffe; Carolyn VanDerSchee.The purpose of this study was to investigate the perceptions of teachers in Professional Learning Communities (PLC) and Non-PLC schools regarding Trust, Professionalism, and Change. The study included teaching staff of 10 Illinois elementary schools: five PLC schools and five non-PLC schools identified as demonstrating increasing levels of student achievement as measured by the annual state assessment (ISAT). Sampling was stratified in order to limit the population based on specific sets of characteristics. The study was limited to schools with demonstrated growth and success. Additionally, schools implementing PLCs that have been identified by Solution Tree were included in this study and labeled as PLC schools. Non-PLC schools were selected based on similarity to PLC schools (after PLC implementation) in student achievement levels, expenditures, enrollment, minority populations, and socioeconomic status.;Descriptive statistics, bi-variate analysis, correlation analyses, ANOVA, and regression analysis were used to address the five research questions for this study. Bi-variate analysis through the utilization of a t-test showed no significant differences between the means of PLC and Non-PLC groups existed in the variables of Trust, Professionalism, and Change. Correlational findings included a moderate significant positive relationship for all participants (Whole Group) in the study for the variables of trust and change. The PLC participant group also showed higher moderate significant positive correlation between the variables of trust and change. An ANOVA test was utilized to measure the differences in change, trust and professionalism based on years of experience among groups within the PLC and Non-PLC Schools, showing a significant difference between groups was found in the variable of trust. Regression data showed that the trust components contributing to an increase in change were perceptions of teacher to teacher trust, parental support, parental reports, and student secrecy. The regression data findings further showed the component of professionalism was likely to contribute to an increase in change was reading for courses during the summer months. Finally, the regression data showed the components of trust and professionalism most likely to contribute to increases in change when analyzed together included welcoming feedback on teaching, summer reading, withdrawing from departmental discussion of curriculum and/or assessment, trust in parents, and parental support.Ed.D. (Doctor of Education

Beech bark disease: mortality due to infection of beech trees and subsequent forest succession at Colonial Point Memorial Forest, Michigan

General EcologyAmong forest pathologens, Beech Bark Disease (BBD) is unique in having a two-part attack on the American beech (Fagus grandifolia) by the beech scale insect and an invasive fungus. Interactions between beech scale and fungus have led to widespread beech mortality as populations are increasingly infected. A previous study on Colonial Point Memorial Forest beech populations in 2012 by the University of Michigan Biological Station (UMBS) established two plots of beech trees to be monitored temporally for the effects of BBD. This study examined the percent mortality of this beech population with respect to level of BBD infection and the status of forest succession as beech are eradicated. High levels of mortality were found, with one plot exhibiting significantly greater mortality, perhaps related to higher levels of infection in 2012. Species richness of sapling swas comparable between beech plots despite differing beech mortality. Continued monitoring of beech trees infected with BBD is critical for the understanding and conservation of populations threatened with extirpation.https://deepblue.lib.umich.edu/bitstream/2027.42/143558/1/Haggerty_Naumenko_Poindexter_Zbrozek_2017.PD

Square Pegs and Round Holes: Moving Beyond Bivens in National Security Cases

Since its inception, the Supreme Court has largely orphaned the Bivens doctrine, a child of its own jurisprudence. In doing so, the Court has repeatedly invoked dicta from the Bivens case warning that unspecified “special factors counseling hesitation” could preclude judicial recognition of future constitutional remedies. Picking up on this thread, lower courts have notably limited the justiciability of Bivens claims in cases challenging counterterrorism-related government conduct. This so-called “national security exception” to the Bivens doctrine has created a substantial hurdle to individual justice and government transparency. This Note therefore proposes the creation of an Article I administrative court with jurisdiction over post-deprivation constitutional claims in national security cases. Part II traces the evolution of the Bivens doctrine and the national security exception; Part III discusses how the lack of a viable judicial remedy has created a critical accountability gap; and Part IV describes the proposed structure and responsibilities of this new tribunal