Social and Behavioral Sciences Commons^™

Legitimacy And The Major Questions Doctrine, Ronald M. Levin

Scholarship@WashULaw

Questions about the legitimacy of recent Supreme Court decisions are occupying an increasingly prominent place in public law discourse. Last February, a widely discussed feature in the New York Times quoted several well-known law professors' laments that multiple decision by the newly empowered conservative majority of the Court have departed so far from accepted constitutional premises that the professor could not figure out how to teach them to their students

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With due respect to the Chief Justice, I will explain here why the MQD is itself among the few legal developments that I would describe as giving rise to …

Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside

Research Collection Yong Pung How School Of Law

In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.

The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier

Faculty Scholarship

This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.

Pediatric Dentists’ Considerations Concerning Obesity-Related Education For Parents Of Young Children: Who Should Educate About What, How And When?, Arianne Swanson Dds, Ms, James R. Boynton Dds, Ms, Larry B. Salzmann Dds, Yu-Ju Yang Dds, Marita R. Inglehart Dipl. Psych., Dr. Phil., Dr. Phil. Habil

The Journal of the Michigan Dental Association

This study aimed to explore pediatric dentists' perspectives on obesity-related interventions for parents of young children. A web-based survey was administered to 210 American Academy of Pediatric Dentistry members. Findings revealed that respondents considered it important for various healthcare professionals, especially pediatricians and nurse practitioners, to engage in obesity-related parent education. Strong consensus existed on educating parents about the link between early childhood caries and diet, soft drink and fruit juice consumption, and healthy snacking. The study also found positive attitudes correlated with increased engagement in objective weight determination, data collection, and diet/nutrition counseling.

Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd

The Journal of the Michigan Dental Association

The article discusses the rise of telehealth in the last three years and its implications for dentistry, focusing on recent rulemaking by the Michigan Board of Dentistry. The regulations address key aspects such as definitions, informed consent, scope of practice, and prescribing medications. Dentists must comply with HIPAA and state/federal privacy regulations when using telehealth. Notably, the rules restrict teledentistry delegation to allied personnel after an in-person visit within 24 months. The article emphasizes the importance of understanding and following these regulations for legal telehealth use, reimbursement, and malpractice coverage. The Michigan Dental Association advocates for sensible teledentistry laws to …

Acknowledgments, Matt Wappett

Developmental Disabilities Network Journal

No abstract provided.

Advancing Strength-Based Inclusive Mental Health Research In Intellectual And Developmental Disabilities, Luther Kalb, Joan B. Beasley

Developmental Disabilities Network Journal

No abstract provided.

Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan

Singapore International Dispute Resolution Academy

Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman

Scholarship@WashULaw

In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.

With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …

Rethinking Antebellum Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …

The Development Of Homicidal Behavior In Relation To Life-Course Theory, Rebekah Jensen

Regis University Student Publications (comprehensive collection)

This paper examines the role of life-course theory in order to explain the relationship between individuals developing violent behavior and committing murder. By incorporating evidence from case studies, documentaries, and various forms of criminological literature, I discuss how the development of violent behavior through exposure to risk factors increases the likelihood of developing homicidal behavior. In Chapter 1, I seek to establish this correlation by narrowing the risk factors down to three categories: antisocial behavior, low self-control, and normalization of violence. To further support this correlation, I utilize control theories and learning theories which focus on the development of homicidal …

A Qualitative Analysis Of Section 1983 Filings By Incarcerated Plaintiffs, Hollie Macdonald

Theses and Dissertations

The onset of the COVID-19 pandemic was a “watershed moment" in human history, transcending its role as a mere health crisis to reveal deeper fissures within societies. The present retrospective longitudinal study examined COVID-19 as an “era” of complexity utilizing it as an intermediate construct that delineates “pre-COVID” and “post-COVID.” In order to understand the impact of the COVID-19 era, the design of the study and hypotheses stem from an assumption of the interconnectedness of issues related to health, social justice, racial justice, politics, and information dissemination.

This study utilized both manifest and latent content analysis to explore the most …

Power Centres: A Collaborative Development Proposal For Addressing Poverty And Related Challenges In Rural Communities In Kenya, Kennedy Okello Miruka, Kennedy Okello Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …

Empowering Kokal: A Decolonized, Community-Led Development Model In Homa Bay County, Kenya, Kennedy Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

MSU Graduate Theses

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …

The Misleading Successes Of Cost-Benefit Analysis In Environmental Policy, David E. Adelman, Amy Sinden

Michigan Journal of Environmental & Administrative Law

This Article critically examines the rise of cost-benefit analysis (CBA) in environmental policy and the profound disconnect that has persisted between the actual practice of CBA and its normative grounding. Although CBA is now synonymous with rational decision-making in federal agencies, this has not always been the case. Views about CBA have evolved from bipartisan rejection in the 1970s, to partisan division (Republicans for, Democrats against) during the Reagan-Bush years, to a broad embrace of CBA in the mid-1990s, when centrist legal scholars were instrumental in crafting a new defense of CBA based on a mix of welfare economics and …

The Clean Water Act’S Nurdle-Shaped Gap: Using The Cwa To Address Primary Microplastic Pollution, Taylor Hopkins

Michigan Journal of Environmental & Administrative Law

The term “nurdles” may sound like a silly made-up word lifted from the pages of a children’s book, but unfortunately nurdles are all-too real, with trillions of these microplastics ending up in our oceans each year. Nurdles spill into the environment at every step along their supply chain, allowing them to end up in fish and on our plates. Despite the known danger nurdles pose to both wildlife and humans, they are virtually unregulated. In the absence of regulation by the Environmental Protection Agency (EPA), some states and their citizens have begun trying to wrangle rogue nurdles, and hold nurdle …

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

The Unconstitutional Backlog In The Commonwealth Of Massachusetts Criminal Justice System: A Three Step Plan To Decrease The Delay, Cassidy Louise Elliott

Honors Theses

Currently, within the Massachusetts Criminal Justice System, defendants are forced to wait up to 12 months for a trial. These pre-trial delays have significantly detrimental effects on defendants. For example, there are economic implications, strains on personal relationships, and physical and mental health risks associated with incarceration. There are several other criminal justice systems that can provide criminal defendants trials in a timelier manner than Massachusetts. This thesis explores the right to a speedy and fair trial under the U.S. Constitution, the reasons for the potentially unconstitutional delays in Massachusetts, and proposes reforms to ensure individuals accused of a crime …

Does The Constitution Follow The Flag? The Paradox Of Puerto Rican Identity And Citizenship, Laura Somoza Velez

CMC Senior Theses

How do identity and citizenship interact? Puerto Rico’s current political status is that of an unincorporated, organized territory of the United States, under the shiny title of ‘Commonwealth.’ Although they have US Citizenship, Puerto Rican residents aren’t protected by the US Constitution. This source of dual identification, American and Puerto Rican, creates a unique circumstance where questions of identity, and belonging naturally arise. In this thesis, I aim to answer how the citizenship condition created in Puerto Rico and how it is experienced measure up to current debates and scholarship surrounding citizenship. Achieved through a historical analysis of the formation …

China’S Strategic Calculus: A Comparative Analysis Of China’S Approaches Towards The Philippines And Vietnam In The South China Sea Dispute, Letian Wang

CMC Senior Theses

The South China Sea (SCS) dispute is a longstanding territorial conflict involving several surrounding states. In this paper, I analyze the differences in China’s policies towards the Philippines and Vietnam as China exerts its expansion into the SCS using relevant International Relations theories. The Philippines’ democratic values, alliance with the U.S., small-scale volume of trade with China, and active strategies against China all contradict China’s interests to be the regional hegemonic power. In contrast, Vietnam’s socialist regime, alliance with China, substantial trade with China, and passive strategies do not contradict China’s interests as much and even comply with them. Hence, …

Speaking To Maryland’S Eastern Shore: Lessons For Candidates Looking To Earn The Watermen Vote, Maryum Khwaja

CMC Senior Theses

One of the thirteen original states, Maryland is located on the East Coast. It consists of two main sections that are separated by the Chesapeake Bay: the Eastern Shore, which is east of the Chesapeake, and mainland Maryland, west of the Chesapeake. As a whole, Maryland is a blue state. The East Shore is different: it has Republican House member, Andy Harris, and holds different values from the rest of the state, and it votes differently, too. In the 2020 election, Biden won the statewide vote 65-32 percent – but Trump carried Harris’s district 56-42 percent.

The people of the …

From The Barrel To The Border: Exploring The Roots And Ramifications Of Gun Trafficking From The United States To Mexico, Alexandra Punishill

CMC Senior Theses

Nowhere is the discussion surrounding gun violence more prominent than in the United States, with the impacts of our gun-friendly culture being felt around the world. This thesis analyzes the dynamics of gun trafficking from the United States to Mexico and sheds light on its role in fueling the epidemic of gun violence south of the border. It is argued that the particular system of federalism adopted by the United States has led to a variety of state-level gun regulations that have shaped domestic gun policy and have had an international impact. Despite Mexico’s persistent efforts to combat the gun …

The Efficacy Of Insider Trading Regulation: An Analysis Of The 1942 Introduction Of Sec Rule 10b-5, Kamila Melikova, Eric Hughson

CMC Senior Theses

Existing research has thoroughly examined the impact of insider trading regulations, finding mixed results regarding the effectiveness of new law introductions. Although this topic has received considerable attention, there is still a notable lack of research on the first regulation of insider trading: the 1942 introduction of Section 10(b), an amendment to the Securities Exchange Act of 1934. This paper uses a newly compiled dataset of earnings announcements from large public companies between 1937 and 1946, combined with event study methodology, to investigate the effectiveness of the very first ban on insider trading. Through the application of t-tests and regression …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale

Education Division Scholarship

This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …

The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki

Research Collection School Of Accountancy

In late August 2022, the Lone Star tribunal concluded one of the latest awards in tax-related investment treaty disputes (the tax-related claims account for almost USD 1.5 billion of the total of almost USD 4.7 billion claimed in compensation). It also is the first award in which the tribunal dealt with the application of the substance over form doctrine (SOFD) by tax authorities and courts of the host state to prevent the abuse of a double tax treaty (DTT), and the impact of the refusal to accord the claimants the benefits under the DTT via a domestic (Korean) SOFD on …