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Loyola Marymount University and Loyola Law School

2022

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Limitations-Owning And Interpersonal Dimension Of Intellectual Humility, Jason Baehr Dec 2022

Limitations-Owning And Interpersonal Dimension Of Intellectual Humility, Jason Baehr

Philosophy Faculty Works

According to one prominent account of intellectual humility, it consists primarily of a disposition to “own” one’s intellectual limitations. This account has been criticized for neglecting the interpersonal dimensions of intellectual humility. We expect intellectually humble persons to be respectful and generous with their interlocutors and to avoid being haughty or domineering. I defend the limitations-owning account against this objection. I do so in two ways: first, by arguing that some of the interpersonal qualities associated with intellectual humility are qualities expressive of virtues other than intellectual humility; and second, by arguing that, when properly described, the kind of limitations-owning …


The Fundamentals Of Survey Design: A Practical Guide To Designing Effective Surveys, Christine Chavez Nov 2022

The Fundamentals Of Survey Design: A Practical Guide To Designing Effective Surveys, Christine Chavez

IRDL Online Research Conference

Watch Christine Chavez transform a survey from bad to good, in real time. In this session Ms. Chavez will address the principles of good survey design while she revises a survey, showing how you can make simple changes in your own surveys to improve the reliability of responses and make sure you capture the data you need.

All attendees will receive a link to the "before" and "after" surveys discussed in this session, that you may use as templates for your own future surveys.


Methods Minute: A Jonathan Gold Tribute And Random Number Generators, David Kennedy Nov 2022

Methods Minute: A Jonathan Gold Tribute And Random Number Generators, David Kennedy

IRDL Online Research Conference

Learn a useful research tip in 15 minutes.


Skill Building. The Hunt For P-Values And Other Fundamental Distractions In Quantitative Analysis: Building A Better Understanding, Savannah Kelly Nov 2022

Skill Building. The Hunt For P-Values And Other Fundamental Distractions In Quantitative Analysis: Building A Better Understanding, Savannah Kelly

IRDL Online Research Conference

A brief introduction to a research concept that you can build on after the conference.


No. 11, November 2022: Insights From Co-Designed English Learner Improvement Networks, Linda R. G. Kaminski , Ed.D., Magaly Lavadenz , Ph.D., Elvira G. Armas , Ed.D., Grecya V. López , M.S. Nov 2022

No. 11, November 2022: Insights From Co-Designed English Learner Improvement Networks, Linda R. G. Kaminski , Ed.D., Magaly Lavadenz , Ph.D., Elvira G. Armas , Ed.D., Grecya V. López , M.S.

Education and Policy Briefs

This research brief presents a case study of an English Learner Improvement Network (ELIN), a group of educators focused on a shared problem of practice in English Learner education and supported through extensive collaboration between researchers and practitioners in English Learner education and Improvement Science. The case study involves an urban school district and a charter organization each serving between 50-80% of students who have ever been English Learners. The research brief identifies five key themes that contribute to knowledge of the English Learner Improvement Networks’ ability to support English Learner improvement: (1) Expert Partnerships Support Improvement; (2) Context Impacts …


The Prosecutor In The Mirror: Conviction Integrity Units And Brady Claims, Lissa Griffin, Daisy Mason Oct 2022

The Prosecutor In The Mirror: Conviction Integrity Units And Brady Claims, Lissa Griffin, Daisy Mason

Loyola of Los Angeles Law Review

In Brady v. Maryland, the Supreme Court held that a prosecutor has a due process obligation to disclose exculpatory evidence that is material to guilt or punishment. The failure to fulfill this duty is particularly insidious because it bears directly on both whether an innocent defendant may have been convicted as well as on whether the adjudicatory process was fair. The failure to disclose exculpatory evidence has been characterized as “epidemic” and has been documented to have made a major, outsized contribution in cases that resulted in exonerations. It is not surprising, then, that conviction integrity units in prosecutor’s …


Smile! You're On Camera: Police Departments' Use Of Facial Recognition Technology & The Fourth Amendment, Adriana Bass Oct 2022

Smile! You're On Camera: Police Departments' Use Of Facial Recognition Technology & The Fourth Amendment, Adriana Bass

Loyola of Los Angeles Law Review

No abstract provided.


Ramos, Race, And Juror Unanimity In Capital Sentencing, Jennifer Eisenberg Oct 2022

Ramos, Race, And Juror Unanimity In Capital Sentencing, Jennifer Eisenberg

Loyola of Los Angeles Law Review

No abstract provided.


Patching Procedural Potholes In Supplemental Jurisdiction Claims Involving Ada & Unruh Act Litigation In California Federal Courts, Julian Schoen Oct 2022

Patching Procedural Potholes In Supplemental Jurisdiction Claims Involving Ada & Unruh Act Litigation In California Federal Courts, Julian Schoen

Loyola of Los Angeles Law Review

Since California enacted heighted pleading standards for high-frequency litigants alleging violations of the Unruh Act in state court, California federal courts experienced a significant surge of ADA and Unruh Act claims. This Note explores the reasons for this surge and proposes simple fixes to reduce federal courts’ caseloads while ensuring plaintiffs’ ability to defend their civil rights.


The Data Privacy Compromise: Reconciling State And Federal Regulatory Regimes On The Path To Preemption, Mi T. Tran Oct 2022

The Data Privacy Compromise: Reconciling State And Federal Regulatory Regimes On The Path To Preemption, Mi T. Tran

Loyola of Los Angeles Law Review

Today, it is easier than ever before for business entities to collect and sell our data, and most consumers lack comprehensive knowledge of how they can protect their data or recognize the true extent of potential exposure. Although data privacy regulation is gearing up among U.S. states, federal legislators have been stagnant in regard to passing a federal data privacy law. Without clearer, broader protections for consumers, many will be left to deal with overlapping laws and confusing procedures for pursuing legal remedies.

The relationship between federal and state regulation is best maintained when Congress carefully balances the different roles …


After 70+ Years, Hollywood’S Major Studios Are Allowed To Leave “Hotel California”: Why The District Court Was Correct In Terminating The Paramount Consent Decrees, Liana Minassian Oct 2022

After 70+ Years, Hollywood’S Major Studios Are Allowed To Leave “Hotel California”: Why The District Court Was Correct In Terminating The Paramount Consent Decrees, Liana Minassian

Loyola of Los Angeles Law Review

No abstract provided.


Questioning The Employee Non-Solicitation Covenant, Charles T. Graves Oct 2022

Questioning The Employee Non-Solicitation Covenant, Charles T. Graves

Loyola of Los Angeles Law Review

Based on an in-depth review of the dubious justifications courts have offered when enforcing co-worker non-solicitation covenants, this Article proposes that courts have too strongly favored employers against their former employees in such disputes.

A co-worker non-solicitation covenant is a contract term that prohibits a departing employee, for some period of time, from inviting his or her former co-workers to join him or her at a new job—or from encouraging a former co-worker to leave the company for any other reason. Some are worded so broadly that one could breach the contract by advising a colleague to leave a hostile …


The California English Learner Roadmap Toolkit For Institutes Of Higher Education (Ihes): (Re)Designing Educator Preparation Focused On Equity For English Learner/Multilingual Students, Anaida Colón-Muñiz, Ed.D., Magaly Lavadenz, Ph.D., Elvira G. Armas, Ed.D. Oct 2022

The California English Learner Roadmap Toolkit For Institutes Of Higher Education (Ihes): (Re)Designing Educator Preparation Focused On Equity For English Learner/Multilingual Students, Anaida Colón-Muñiz, Ed.D., Magaly Lavadenz, Ph.D., Elvira G. Armas, Ed.D.

Reports

The California English Learner Roadmap Toolkit for Institutes of Higher Education was developed to address the education of English Learner and Multilingual students in California’s current university credentialing programs for teacher education, counseling, and educational administration/leadership. The purpose of this Toolkit is to: (1) provide a context for California’s university and other professional credentialing programs’ obligation to engage in reflection and (re)design processes that prioritize preparation of candidates who are well-equipped to serve culturally and linguistically diverse students in preschool–12 settings; (2) delineate the process and results of an examination of the alignment between the standards for Teacher Education, School …


Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels Oct 2022

Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels

Loyola of Los Angeles Entertainment Law Review

As emphasized by the European Commission Vice President for the Digital Single Market, “the way people enjoy culture and entertainment has completely changed- and this is good. But it is important that we don’t leave creators in the cold.” In response to pleas from songwriters, publishers and performing rights organizations (“PROs”) to allow free-market bargaining for public performance licenses of the PROs’ members’ musical compositions, the unanimously passed Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018. Title I of the MMA, the Musical Works Modernization Act (“MWMA”), strives to alleviate several concerns …


Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine Oct 2022

Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine

Loyola of Los Angeles Entertainment Law Review

The Second Circuit and the Ninth Circuit are currently divided on the issue of how far back a copyright owning plaintiff in a copyright infringement can collect in damages against a continuing infringer. The Second Circuit states that the Copyright Act’s three-year statute of limitations and the discovery rule only permit plaintiffs to collect damages three years back from the date they bring their infringement action. However, the Ninth Circuit states that the three-year statute of limitations is only concerned with the timing in which a plaintiff brings her infringement action, and that she can recover all of the damages …


‘Greenness’ In The Eye Of The Beholder: Comparing Perceptions Of Sustainability And Well-Being Between Artificial And Natural Turfgrass, Michael R. Barnes, Eric Watkins Sep 2022

‘Greenness’ In The Eye Of The Beholder: Comparing Perceptions Of Sustainability And Well-Being Between Artificial And Natural Turfgrass, Michael R. Barnes, Eric Watkins

Cities and the Environment (CATE)

Turfgrass lawns are a central component in urban green space and provide a variety of ecosystem services. Traditionally, natural turfgrass lawns can have substantial input requirements (e.g., water, herbicides), which if not managed properly can have harmful ecological effects. A proposed solution that has already been adopted in many cities are artificial turfgrass lawns which do not require some of the traditional inputs of natural lawns. However, understanding perceptions of the sustainability and well-being benefits between these two surfaces are unknown. We surveyed adults in the United States in order to understand perceptions of sustainability and well-being between artificial and …


Where To Expand Green Infrastructure To Support Equitable Climate Change Adaptation In The City Of Toronto?, Kristen Regier, Tenley M. Conway Sep 2022

Where To Expand Green Infrastructure To Support Equitable Climate Change Adaptation In The City Of Toronto?, Kristen Regier, Tenley M. Conway

Cities and the Environment (CATE)

Green Infrastructure (GI) is a potential tool to help cities adapt to climate change. In particular, GI can help moderate high summer temperatures and reduce urban flooding, both of which are expected to become more common with on-going climate change. However, GI is not evenly distributed in many cities suggesting that some neighborhoods are more vulnerable to climate change impacts. Additionally, marginalized communities often lack the resources needed to reduce existing vulnerabilities. This study explores the question: where should GI initiatives be focused to support equitable climate change adaptation in the City of Toronto (Ontario, Canada)? We address this question …


Evidence For The Effects Of Wind On The Biogeography Of Soil Mites In Urban Tree Wells, John R. Mceachern Sep 2022

Evidence For The Effects Of Wind On The Biogeography Of Soil Mites In Urban Tree Wells, John R. Mceachern

Cities and the Environment (CATE)

The theoretical predictions of island biogeography have been applied successfully by a number of researchers studying the population and community structures of invertebrates living in large urban parks and remnant natural areas. Few, however, have examined the biogeography of smaller patches and the role that specific dispersal techniques play in shaping species distributions. In this study, I examine the impact of several biogeographical and environmental factors, including wind channelization effects, on the abundance of soil mites in small, urban tree wells in Westminster, Maryland. By testing five models that include the variables of well area, isolation, and dominate wind direction, …


Interaction Gardens And Butterfly Catalogues: A Joint Strategy To Promote Capacity Development In Protected Areas And Reduce The Extinction Of Experience In Cities, Leila Teruko Shirai, Mariana Alves Stanton, Giulia Bagarolli D'Angelo, Thiago Borges Conforti, André Victor Lucci Freitas, Massuo Jorge Kato, Lydia Fumiko Yamaguchi Sep 2022

Interaction Gardens And Butterfly Catalogues: A Joint Strategy To Promote Capacity Development In Protected Areas And Reduce The Extinction Of Experience In Cities, Leila Teruko Shirai, Mariana Alves Stanton, Giulia Bagarolli D'Angelo, Thiago Borges Conforti, André Victor Lucci Freitas, Massuo Jorge Kato, Lydia Fumiko Yamaguchi

Cities and the Environment (CATE)

More than half of the world’s population live in cities. Increasing numbers of generations are now born and raised in urban landscapes with decreasing opportunities towards interacting with natural environments. This extinction of experience leads to environmental apathy and lack of bioliteracy, which is a central aspect to be tackled in conservation strategies. At the same time, people who live near or at non-urban settings are closer to natural habitats but do not have similar access to concepts of environmentalism and may lack incentives to lean towards nature conservation, instead of its exploitation or even illegal activities. We here propose …


City Of Montebello Tree Canopy Prioritization, Center For Urban Resilience, Treepeople, Gateway Cities Council Of Governments Sep 2022

City Of Montebello Tree Canopy Prioritization, Center For Urban Resilience, Treepeople, Gateway Cities Council Of Governments

Center for Urban Resilience Reports

EXECUTIVE SUMMARY

The Loyola Marymount University Center for Urban Resilience, TreePeople, and the Gateway Cities Council of Governments partnered to conduct tree canopy prioritization in the City of Montebello. This process utilized high resolution, high accuracy tree canopy data as a foundation to engage the public in identifying their priorities for tree planting in the city. Analysis of tree canopy data showed that the City of Montebello has 13% existing tree canopy cover, which the lowest tree canopy cover in all of Los Angeles County. The analyses also found that Montebello has great opportunity to increase its tree canopy, with …


City Of Vernon Tree Canopy Prioritization, Center For Urban Resilience, Treepeople, Gateway Cities Council Of Governments Sep 2022

City Of Vernon Tree Canopy Prioritization, Center For Urban Resilience, Treepeople, Gateway Cities Council Of Governments

Center for Urban Resilience Reports

EXECUTIVE SUMMARY

The Loyola Marymount University Center for Urban Resilience, TreePeople, and the Gateway Cities Council of Governments partnered to conduct tree canopy prioritization in the City of Vernon. This process utilized high resolution, high accuracy tree canopy data as a foundation to engage the public in identifying their priorities for tree planting in the city. Analysis of tree canopy data showed that the City of Vernon has 2% existing tree canopy cover, which is the lowest tree canopy cover in all of Los Angeles County. The analyses also found that Vernon has great opportunity to increase its tree canopy, …


City Of Culver City Coyote Management Report, Melinda Weaver, Michele Romolini, Eric G. Strauss Sep 2022

City Of Culver City Coyote Management Report, Melinda Weaver, Michele Romolini, Eric G. Strauss

Center for Urban Resilience Reports

EXECUTIVE SUMMARY

The scientific staff at the LMU Center for Urban Resilience, along with affiliated scientists, collaborators and students conducted a three-year management study in order to assist the City of Culver City and its residents in managing the dynamic challenge of coexisting with resident and transient coyotes. Despite the considerable social and logistical upheaval caused by the Covid-19 outbreak, CURes staff and collaborators collected and analyzed data continuously through the various phases of the pandemic. The goals of the project were to: 1) Gather appropriate ecological, technical and human social data with regard to coyote ecology and human-wildlife conflict, …


Community-Building, Empowering Voices And Brave Spaces Through Lis Professional Conferences, Jennifer Masunaga, Jessea Young, Aisha Conner-Gaten, Nataly Blas Sep 2022

Community-Building, Empowering Voices And Brave Spaces Through Lis Professional Conferences, Jennifer Masunaga, Jessea Young, Aisha Conner-Gaten, Nataly Blas

LMU Librarian Publications & Presentations

This chapter centers on the experience of four Black, Indigenous, people of color (BIPOC) academic librarians who conceived, planned, and executed a local one-day in-person summit for BIPOC information workers in 2018 and an online version in 2021. The POCinLIS Summit celebrated and uplifted BIPOC information workers from the public, private and academic fields of LIS. Since libraries were established, information systems and institutions have prioritized and normalized whiteness. To amplify and bolster BIPOC siloed in their work, the Summit sought to create counterspaces unaffiliated with a professional organization or traditional LIS conference spaces. To address why BIPOC-centered programs are …


Lesbian, Gay, Bisexual, Transexual (Lgbt) U.S. Latinx Catholics And The U.S. Catholic Church: A Critique Of Certain Aspects Of Roman Catholic Moral Teaching In Light Of A Latinx Theological Anthropology, Leonardo Daniel Mendoza Aug 2022

Lesbian, Gay, Bisexual, Transexual (Lgbt) U.S. Latinx Catholics And The U.S. Catholic Church: A Critique Of Certain Aspects Of Roman Catholic Moral Teaching In Light Of A Latinx Theological Anthropology, Leonardo Daniel Mendoza

LMU/LLS Theses and Dissertations

This Capstone Research Project aims to address the certain aspects of Roman Catholic moral teaching. Throughout this project I argue that when it comes to the Lesbian, Gay, Bisexual, Transexual and Queer (LGBTQ+) Catholics, the moral teaching is essentially corrupt. This paper begins by providing an overview of current Catholic teaching relevant to LGBTQ+ persons. In the second section I focus on the lived experience on the Latinx LGBTQ+ community in the United States to demonstrate several flaws in Catholic moral tradition. I place a special emphasis on the Latinx LGBTQ+ community in Florida as I base my argument on …


Repealing Stepped-Up Basis And Endorsing Gutman's Proposal To Tax Capital Gains At Death, Farah Modarres Jul 2022

Repealing Stepped-Up Basis And Endorsing Gutman's Proposal To Tax Capital Gains At Death, Farah Modarres

Loyola of Los Angeles Law Review

No abstract provided.


Social Media And The Stored Communications Act: Translating The Statutory Bar On Disclosure Of Private Communications From Civil To Criminal Discovery, Michelle Korol Jul 2022

Social Media And The Stored Communications Act: Translating The Statutory Bar On Disclosure Of Private Communications From Civil To Criminal Discovery, Michelle Korol

Loyola of Los Angeles Law Review

No abstract provided.


Employment Status For "Essential Workers": The Case For Gig Worker Parity, Miriam A. Cherry Jul 2022

Employment Status For "Essential Workers": The Case For Gig Worker Parity, Miriam A. Cherry

Loyola of Los Angeles Law Review

No abstract provided.


One Step Backward: The Ninth Circuit's Unfortunate Rule 404(B) Decision In United States V. Lague, Dorie Klein Jul 2022

One Step Backward: The Ninth Circuit's Unfortunate Rule 404(B) Decision In United States V. Lague, Dorie Klein

Loyola of Los Angeles Law Review

No abstract provided.


Balancing Interests Under Section 230(C) Of The Communications Decency Act: Using The Sword As Well As The Shield, Andrew R. Klein Jul 2022

Balancing Interests Under Section 230(C) Of The Communications Decency Act: Using The Sword As Well As The Shield, Andrew R. Klein

Loyola of Los Angeles Law Review

No abstract provided.


California's Ab 979: An Argument To Apply Intermediate Scrutiny To Race-Based Classifications For The Purpose Of Inclusion, Kathryn Feeney Jul 2022

California's Ab 979: An Argument To Apply Intermediate Scrutiny To Race-Based Classifications For The Purpose Of Inclusion, Kathryn Feeney

Loyola of Los Angeles Law Review

No abstract provided.