Digital Commons Network^™

The Santa Clara, 2024-11-15, Santa Clara University

The Santa Clara

No abstract provided.

Reconceiving Corporate Rights And Regulation In The Ai Era, Michael R. Siebecker

Sturm College of Law: Faculty Scholarship

Can existing corporate governance principles properly guide the relationship between shareholders and directors as artificial intelligence (“AI”) plays an increasingly prominent role in corporate management, planning, and operations? Without a doubt, AI technologies allow corporations to enjoy enhanced efficiency and innovation. But the vast range of AI capabilities—from sophisticated data analytics to autonomous decision-making—raises profound questions about whether traditional governance principles remain sufficiently robust to cabin the proper development and deployment of such a powerful and rapidly evolving set of new technologies. Current corporate governance structures that focus on human actors and traditional business decision-making mechanisms seem ill-suited to address …

The Dignitary Harms Of Racism In Public Education: Expanding The Lens Of Brown Beyond Segregation, Kumar Ramanathan, Matthew D. Nelsen

Cleveland State Law Review

Reflecting on the 70th anniversary of Brown v. Board of Education, we reconsider the landmark ruling’s conception of dignitary harm in public education. In its argument against the separate-but-equal standard that undergirded segregated schools in the South, the Supreme Court focused on the psychological harm that segregation imposed on Black children. Building on past critiques, we argue that the Court’s analysis was too narrow: the psychological harm it identified is only one of many forms of dignitary harm that racially marginalized students can face in schools. Importantly, dignitary harms can persist even in integrated schools and classrooms, through practices …

Direct Democracy: Ohio Style, Steven H. Steinglass, Ernest M. Oleksy

Cleveland State Law Review

This Article is an expansion of comments by Steven H. Steinglass at a Symposium on Democracy sponsored by the Cleveland State Law Review and held on October 27, 2023. The Symposium looked broadly at threats to democracy, but the panel on which he participated focused more narrowly on the Ohio Constitution and Democracy. The Article reviews the history of direct democracy in Ohio with an emphasis on the constitutional initiative. Part I of this Article discusses the historical origins of direct democracy in Ohio and the iconic Ohio Constitutional Convention of 1912 that proposed Ohio’s direct democracy amendment. Particular …

To Legitimacy And Beyond: A Reform Agenda To Restore Public Confidence In The Federal Courts, Charles Gardner Geyh

Law and Contemporary Problems

No abstract provided.

Public Confidence, Judges, And Politics On And Off The Bench, Bruce A. Green, Rebecca Roiphe

Law and Contemporary Problems

No abstract provided.

Foreword, Bruce A. Green, Leslie C. Levin

Law and Contemporary Problems

No abstract provided.

The Psychology Of Persuasive Precedent, Jeffrey J. Rachlinski, Andrew J. Wistrich

Law and Contemporary Problems

No abstract provided.

Supreme Impropriety? Assessing The Justices' Conduct, Veronica Root Martinez

Law and Contemporary Problems

No abstract provided.

The Gloria And Stanley Plesent Lecture: The Architecture Of Desire: How The Law Shapes Interracial Intimacy And Perpetuates Inequality With Professor Solangel Maldonado, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Benjamin N. Cardozo School Of Law

2024 Event Invitations

Professor Maldonado is Eleanor Bontecou Professor of Law at Seton Hall Law School. She writes and teaches in the areas of family law, gender, race and their intersections. She is an Associate Reporter for the American Law Institute’s Restatement of the Law, Children and the Law, and author of The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (NYU Press, 2024). She is the co-editor of two casebooks—Family Law: Cases and Materials (Foundation Press, 7th ed. 2019) and Family Law in the World Community (Carolina Academic Press, 3rd ed. 2015). She serves on the editorial board …

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

An Evaluation Of Public Perceptions Regarding Strain And Workplace Violence, Benjamin Newman

Doctoral Dissertations and Projects

Verbal abuse, physical injury, and property damage have become pervasive in employment sectors. The Occupational Safety and Health Administration (OSHA) declared workplace violence as a national health and safety issue. Statistics indicated workplace violence as the third-leading cause of fatal occupational injury in the United States. While previous research has focused on case studies, policies, and awareness, limited data has been published regarding public attitudes related to workplace violence. The purpose of this phenomenological study was to understand public attitudes related to strain and its involvement in workplace violence. Participants between the ages of 18 and 65, who are currently …

The Impact Of Adverse Childhood Experiences On Later Desistance Among Serious Juvenile Offenders From A Broken Family Composition, Olivia Franklin

Master's Theses

The current study aimed to contribute to the overall knowledge of desistance patterns among juveniles by exploring them among serious juvenile offenders who come from a broken home. Utilizing the Pathways to Desistance (PTD) dataset, this study used logistic regression to examine the impact of family composition on later desistance while controlling for various adverse childhood experiences (ACEs) one might experience. Two research questions guide this study: (1) Does family composition (i.e., “broken homes”) impact later desistance among serious adolescent offenders, while controlling for important criminological predictors (i.e., self-control and antisocial peer influence)? (2) Is the quality of one’s home …

Feasibility Of Technical Solutions For The Detection Of Falsified Images In Research, Phill Jones, Hylke Koers

Copyright, Fair Use, Scholarly Communication, etc.

In this report, we discuss the findings of an investigation into the feasibility of developing a research image integrity system. The focus was primarily on immunohistochemistry blots and microscopy images, although the findings are relevant to other types of research images such as gel blots and spectroscopy, geophysical, or astronomical images, as well as to any digital data type. The investigation comprised a mix of desk research and semi-structured (anonymized) interviews with nine stakeholders representing publishers, researchers, technologists, and microscopy companies.

We found that it would be possible to implement a system to assert image integrity and that the technology …

What's Love Got To Do With It? Davis V. Henderson And A Proposed Revision To Mississippi's Termination Of Child Support Standard, Maddie Woodhead

MC Law Review

No abstract provided.

Opening Brief For Plaintiff-Appellant, Roe V. Marshall University Board Of Governors, Ryan M. Donovan, J. Zak Ritchie, Madeline H. Meth, Gregory Bowe, Erin Hunter, Sarah Monahan

Faculty Scholarship

Issues Presented:

Title IX prohibits schools from responding with deliberate indifference to student-on-student sexual harassment that interferes with, or threatens to interfere with, a victim’s education. It also prohibits schools from retaliating against students who engage in Title IX protected activity, such as reporting an assault. Here, another Marshall student sexually assaulted Roe at an offcampus residence near Marshall’s campus. Roe reported the assault and other instances of student-on-student relationship abuse. In the assault’s aftermath, Roe missed classes and limited her time on campus because she was afraid of encountering her assailant. Her grades suffered. Marshall did not address the …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Law & Economics Working Papers

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using "explicit," "clear," and "unambiguous" statements - or, as some dissenting judges have lamented, using "legally magic" words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

A Heartbeat Away: Popular Culture’S Role In Teaching Presidential Succession, Jay L. Wendland

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The role of popular culture in civic education is important. Many television viewers learn about the American political process through various dramatized depictions. The 25th Amendment has often received much attention from Hollywood, as it provides writers, directors, and producers a tool with which to further dramatize presidential succession. Through the television shows West Wing, Designated Survivor, Commander in Chief, Madam Secretary, and Political Animals, viewers are exposed to storylines revolving around the 25th Amendment. By viewing these dramatized versions of presidential succession, viewers are better able to understand the process and political science instructors …

Taking Behavioral Antitrust Seriously: On Default Agreements As Exclusive Dealing And The Debiasing Potential Of Default Randomization, Omar Vasquez Duque

Maryland Law Review

No abstract provided.

Gray Advice, Keith Porcaro

Duke Law & Technology Review

Debates over economic protectionism or the technology flavor-of-the-month obscure a simple, urgent truth: people are going online to find help that they cannot get from legal and health professionals. They are being let down, by products with festering trust and quality issues, by regulators slow to apply consumer protection standards to harmful offerings, and by professionals loath to acknowledge changes to how help is delivered. The status quo cannot continue. Waves of capital and code are empowering ever more organizations to build digital products that blur the line between self-help and professional advice. For good or ill, “gray advice” is …

Burnout And Employee Satisfaction Of Mental Health Clinicians In Corrections, Jeremy C. Capuyon, Lindsay Gietzen

Pacific Journal of Health

Approximately 1.9 million individuals are currently incarcerated within the United States. Rehabilitation and preparation for parole back into the community is common goal amongst correctional facilities. Mental health clinicians (social workers and psychologists) within the correctional facilities are providers who assist in the rehabilitation of inmates. Unfortunately, mental health clinicians in correctional facilities experience high rates of burnout and low levels of job satisfaction, resulting in an increase in turnover rates. This research project looks to investigate the impact burnout and employee satisfaction has on mental health clinicians who work in correctional settings. Furthermore, this research project compares burnout and …

Despair For Democracy, Bennett L. Gershman

Pace Law Review

In the convoluted terrain of American democracy, the proliferation of lies, misinformation, conspiracy theories, and paranoid thinking has emerged as a pervasive force, undermining the foundational principles upon which the nation was built. This article embarks on a penetrating exploration of the multifaceted challenges posed by these phenomena, exacerbated by the divisive rhetoric and provocative incitements to violence perpetuated by the Trump administration. As the fabric of truth unravels, the rule of law stands as a critical linchpin in preserving the integrity of democracy, serving as a bulwark against the encroachment of authoritarianism and the unchecked spread of disinformation.

Against …

The Three-Dimensional Chess For Parents Facing A Child Protective Services Investigation: Navigating The Child Welfare Exception To The Constitution, Gregory M. Varner

Pace Law Review

This article examines the intricate dynamics faced by parents dur-

ing a child protective services (CPS) investigation, highlighting the complexities of navigating the child welfare system within the framework of constitutional exceptions. It outlines the unique challenges parents en- counter, including legal rights, procedural requirements, and the emotional toll of being under investigation. By analyzing relevant legal standards and the roles of various stakeholders, the article provides essential guidance for parents on how to effectively engage with CPS while protecting their family’s interests. Emphasizing the importance of in- formed advocacy, the article aims to equip parents with the knowledge and …

Judicial Leadership In Family Court: A Cautionary Tale, Jane M. Spinak

Tennessee Journal of Law and Policy

No abstract provided.

Time Is Money But Our Indigents Have Neither, Lee T. Nutini

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam, Hamza Hammad

An-Najah University Journal for Research - B (Humanities)

Objectives: The purpose of this research is to extrapolate and analyze the causes leading to suicide prevention in the Islamic religion, by deducing the relationship between the level of Islamic religiosity and mental health, specifically suicide, then extrapolating the factors or components that lead to suicide prevention in the Islamic religion, as well as analyzing the Islamic faith’s position on Suicide, then inferring the effect of belief in fate and destiny on psychological security and in reducing suicide. Methods: This study follows the inductive and analytical approach, based on extrapolating studies and statistics about suicide rates in the world as …

Women And Corporate Governance: Time Horizons And Stakeholder Analysis, June Carbone

Chicago-Kent Law Review

No abstract provided.

Informed Bystanders' Duty To Warn, Gilat J. Bachar

Minnesota Law Review Vols. 106:2 onward (2021-present)

Should bystanders with credible knowledge about prospective harm owe a duty of care to future victims? This urgent question comes up in various contexts, from former employers who withhold information about a serial harasser to data brokers who are silent about stalkers that track personal information. Under established common law, the “No Duty to Act” (“no-duty”) rule generally does not require bystanders to warn strangers. Carving out an exception to this rule decades ago, Tarasoff v. Regents of the University of California imposed a duty on a mental health professional to warn a prospective victim about the risk posed by …

Lawyering In The Age Of Artificial Intelligence, Jonathan H. Choi, Amy B. Monahan, Daniel Schwarcz

Minnesota Law Review Vols. 106:2 onward (2021-present)

We conducted the first randomized controlled trial to study the effect of AI assistance on human legal analysis. We randomly assigned law school students to complete realistic legal tasks either with or without the assistance of GPT-4, tracking how long the students took on each task and blind-grading the results.

We found that access to GPT-4 only slightly and inconsistently improved the quality of participants’ legal analysis but induced large and consistent increases in speed. AI assistance improved the quality of output unevenly—where it was useful at all, the lowest-skilled participants saw the largest improvements. On the other hand, AI …