Digital Commons Network^™

Differential Response: Misrepresentation Of Cps Investigation And Case Fact Finding, Frank E. Vandervort, Ronald C. Hughes

Articles

Traditionally, a host of necessary case fact-finding responsibilities and activities has been used by public Child Protective Services (CPS) agencies to ensure that they can achieve mandates to protect children from maltreatment as well as to strengthen and preserve the families of atrisk children. The primary CPS case fact-finding activities include risk assessment, investigation (both CPS and forensic), and family assessment. Information collected while engaged in any one of these three activities will often be relevant and important to the others. However, each case fact-finding activity also requires specific inquiry to elicit information that is essential to achieve its distinct …

Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky

Articles

There is little question that law schools ought to teach their students professionalism – indeed, they are required to do so to maintain accreditation. And there is little question that the required legal writing and research course is one of the places it ought to be taught. But teaching students to adopt the norms of professional behavior — both in law school and after graduation — is a challenge to law faculties, and particularly to the experiential learning faculty who frequently are on the front lines of teaching professionalism. While there are many ways to teach students what professional and …

In Praise Of (Some) Ex Post Regulation: A Response To Professor Galle, Kyle D. Logue

Articles

According to modern law-and-economics (“L&E”) orthodoxy, the primary—maybe even the only—legitimate justification for government regulation is to correct a market failure. This conclusion is based on two key assumptions. First, when markets are functioning reasonably well, they are better at achieving efficiency than the government is. Second, most markets function reasonably well most of the time. Although there is probably evidence to support these assumptions (for example, the relative prosperity of market-based economies in comparison with the relative poverty of centrally planned economies), both assumptions are usually taken as articles of faith by mainstream L&E scholars. This is why scholarly …

The Pendulum Swings: Reconsidering Corporate Criminal Prosecution, David M. Uhlmann

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Corporate crime continues to occur at an alarming rate, yet disagreement persists among scholars and practitioners about the role of corporate criminal prosecution. Some argue that corporations should face criminal prosecution for their misconduct, while others would reserve criminal prosecution for individual corporate officials. Perhaps as a result of this conflict, there has been a dramatic increase over the last decade in the use of deferred prosecution and non-prosecution agreements for some corporate crimes, even as the government continues to bring criminal charges for other corporate crimes. To move beyond our erratic approach to corporate crime, we need a better …

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

Articles

Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

Articles

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …

"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng, Katherine Cheng, Katherine Cheng

Articles

This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze …

Empirical Methods And Critical Race Theory: A Discourse On Possibilities For A Hybrid Methodology, Mario L. Barnes

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No abstract provided.

Bringing Demonstrative Evidence In From The Cold: The Academy's Role In Developing Model Rules, Maureen A. Howard, Jeffry C. Barnum

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To this day, judges and advocates struggle with the definition and use of "demonstrative evidence." The ambiguity of this term (or its close cousins "illustrative evidence" and evidence offered "for illustrative purposes only") infects the judicial process with uncertainty, hindering advocates when preparing for trial and, in some cases, producing erroneous verdicts. For example, the Seventh Circuit recently reversed a case for improper use of a demonstrative exhibit, and on retrial the result swung from a defense verdict to an $11 million plaintiffs victory. Uncertainty about the admission and use of demonstrative evidence has festered for decades. Lawyers innovate in …

Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts

Articles

Federal rulemaking has traditionally been understood as a text-bound, technocratic process. However, as this Article is the first to uncover, rulemaking stakeholders—including agencies, the President, and members of the public—are now deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. Rarely do these visual contributions appear in the official rulemaking record, which remains defined by dense text, lengthy cost-benefit analyses, and expert reports. Perhaps as a result, scholars have overlooked the phenomenon we identify here: the emergence of a visual rulemaking universe that is splashing images, GIFs, and videos across social media …

Privacy, Public Disclosure, Police Body Cameras: Policy Splits, Mary D. Fan

Articles

When you call the police for help—or someone calls the police on you—do you bear the risk that your worst moments will be posted on YouTube for public viewing? Police officers enter some of the most intimate incidences of our lives—after an assault, when we are drunk and disorderly, when someone we love dies in an accident, when we are distraught, enraged, fighting, and more. As police officers around the nation begin wearing body cameras in response to calls for greater transparency, communities are wrestling with how to balance privacy with public disclosure.

This Article sheds light on the balances …

Regulating Unicorns: Disclosure And The New Private Economy, Jennifer S. Fan

Articles

“Unicorns” are private companies with valuations of a billion dollars or more. As their name indicates, unicorns were originally so rare as to be almost mythical. But Uber and other technology companies have ushered in a new era: we now have a blessing of unicorns, each one of which has the potential to transform financial and cultural norms.

Yet from a legal perspective, these behemoths are regulated just like their much smaller, non-mythical counterparts. Unicorns’ dizzying valuations have not been matched with any expansion or recalibration of regulation. As a result, vital information about these companies remains secret, perhaps for …

Using Architecture Design Studio Pedagogies To Enhance Engineering Education, Shannon Chance, John Marshall, Gavin Duffy

Articles

Problem-Based Learning pedagogies that require high levels of inquiry and hands-on engagement can enhance student learning in engineering. Such pedagogies lie at the core of studio-based design education, having been used to teach architects since the Renaissance. Today, design assignments and studio-based learning formats are finding their way into engineering programs, often as part of larger movements to implement Student-Centered, Problem-Based Learning (PBL) pedagogies. This spectrum of pedagogies is mutually supportive, as illustrated in the University of Michigan’s SmartSurfaces course where students majoring in engineering, art and design, and architecture collaborate on wickedly complex and ill-defined design problems. In SmartSurfaces …

Use Of A Web-Based Dietary Assessment Tool In Early Pregnancy, Laura Mullaney, Amy C. O'Higgins, Shona Cawley, R. Kennedy, Daniel Mccartney, M.J. Turner

Articles

Background Maternal diet is critical to fetal development and lifelong health outcomes. In this context, dietary quality indices in pregnancy should be explicitly underpinned by data correlating food intake patterns with nutrient intakes known to be important for gestation.

Aims Our aim was to assess the correlation between dietary quality scores derived from a novel online dietary assessment tool (DAT) and nutrient intake data derived from the previously validated Willett Food Frequency Questionnaire (WFFQ).

Methods 524 women completed the validated semiquantitive WFFQ and online DAT questionnaire in their first trimester. Spearman correlation and Kruskal–Wallis tests were used to test associations …

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Yotam Kaplan

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No abstract provided.

Environmental Influences On Elite Sport Athletes Well Being: From Gold, Silver, And Bronze To Blue Green And Gold, Aoife Donnelly, Tadhg Macintyre, Nollaig O'Sullivan, Giles Warrington, Andrew Harrison, Eric Igou, Marc Jones, Chris Gidlow, Noel Brick, Ian Lahart, Andrew Lane

Articles

This paper considers the environmental impact on well-being and performance in elite athletes during Olympic competition. The benefits of exercising in natural environments are recognized, but less is known about the effects on performance and health in elite athletes. Although some Olympic events take place in natural environments, the majority occur in the host city, usually a large densely populated area where low exposure to natural environments is compounded by exposure to high levels of air, water, and noise pollution in the ambient environment. By combining methods and expertise from diverse but inter-related disciplines including environmental psychology, exercise physiology, biomechanics, …

Human Factors Issues And The Risk Of High Voltage Equipment: Are Standards Sufficient To Ensure Safety By Design?, Maria Chiara Leva, Roberta Pirani, Micaela De Michela, Luke Clancy

Articles

High voltage equipment is mostly designed according to technically prescriptive standards requirements based on electrical engineering safety principles. However a more risk-based approach to standards and regulation may be advisable to enable designer and user to take an active role in establishing that their installation is inherently safe. The use of Gas Insulated Switchgear (GIS) for instance is enabling the new substation to be housed indoors and condensed into around one quarter of the space. The manufacturers argue that design improvements in GIS make it virtually “maintenance free”, comply with all the relevant standards. However some of these improvements have …

Human Factors At The Core Of Total Safety Management: The Need To Establish A Common Operational Picture, Maria Chiara Leva, Tom Kontogiannis, Nora Balfe, Micaela Demichela, Emmanuel Plot

Articles

The Total Operations Management for Safety Critical Activities (TOSCA) project is aimed at developing a safety management framework that integrates best practices, tools and methods for functional analysis, risk assessment, interactive emergency scenarios analysis, performance monitoring, design review, training and knowledge management. The TOSCA approach is described by a T-model based around a central ‘Common Operational Picture’ (COP) that holds information regarding the operational system, and is used to support risk assessment and management. The information held in the COP may be represented in different ways but should be accessible to all stakeholders in order to analyse and communicate risk, …

The Neural Dynamics Of Somatosensory Processing And Adaptation Across Childhood: A High-Density Electrical Mapping Study, Neha Uppal, John J. Foxe, John Butler, Frantzy Acluche, Sophie Molholm

Articles

Young children are often hyperreactive to somatosensory inputs hardly noticed by adults, as exemplified by irritation to seams or labels in clothing. The neurodevelopmental mechanisms underlying changes in sensory reactivity are not well understood. Based on the idea that neurodevelopmental changes in somatosensory processing and/or changes in sensory adaptation might underlie developmental differences in somatosensory reactivity, high-density electroencephalography was used to examine how the nervous system responds and adapts to repeated vibrotactile stimulation over childhood. Participants aged 6–18 yr old were presented with 50-ms vibrotactile stimuli to the right wrist over the median nerve at 5 blocked interstimulus intervals (ranging …

Energy-Saving Occupant Behaviour In Offices: Change Strategies, Mark Mulville, Keith Jones, Gesche Huebner, Joanne Powell-Grieg

Articles

As regulated energy consumption in buildings is reduced, the proportional importance of unregulated energy consumption increases. Reducing unregulated energy use in the commercial office requires an understanding of the factors that influence workplace behaviour. To date these factors have been assumed to be similar to those that influence behaviour in the home. However, the social dynamics of the workplace are different to those in the home. This study examines the degree to which theories of behaviour change generated largely in a domestic building setting could be used as the basis for designing interventions to reduce unregulated energy consumption in the …

Strategy/Enterprise Discourse Bounds In Business Talk., Brendan O'Rourke

Articles

Corporate strategy emerged as large non-owner managed firms became economically important (Knights and Morgan, 1991). Strategy became the substitute for the earlier enterprise discourse, which depended on the dominance, in entrepreneurial capitalism, of owner-managed firms. The discourses of strategy and enterprise developed as separate academic areas and as logics of two very different economic domains. From the late 1970s however, large organizations (Kanter, 1983:27) and governments have been urged to be more entrepreneurial (Klein et al., 2010; Osborne and Gaebler, 1993). Meanwhile, small firms were encouraged to be more strategic (Carr, 2000). This article looks at evidence from small …

The Tribes Of Maycomb County: The Continuing Quest To Transcend Our Differences, Steven H. Hobbs

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No abstract provided.

Four Ironies Of Campus Climate, Richard Delgado, Jean Stefancic

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Building on previous scholarship Jean Stefancic and I develop a comprehensive model for accommodating the main competing views First Amendment absolutism and minority protection that vie for ascendancy in the debate over campus climate

The Duty Of Care Of Bank Directors And Officers Bank Director And Officer Responsibilities Conference, Julie Andersen Hill, Douglas K. Moll

Articles

In the aftermath of the 2008 financial crisis, the Federal Deposit Insurance Corporation (FDIC) brought numerous lawsuits against directors and officers offailed banks asserting that they had breached their fiduciary duty of care. Under state corporate law, duty of care claims arise in different contexts, and courts often apply different standards of liability depending upon the context of the claim. In the banking setting, the standard of liability for breach of the duty of care is governed by the federal statute FIRREA and the Supreme Court's decision in Atherton v. FDIC. In Atherton, the Court held that FIRREA allows the …

Agora, Dignity, And Discrimination: On The Constitutional Shortcomings Of Conscience Laws That Promote Inequality In The Public Marketplace Symposium: Law And Religion In An Increasingly Polarized America, Ronald J. Krotoszynski Jr.

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No abstract provided.

Bind Me More Tightly Still: Voluntary Restraint Against Gun Suicide, Angela Selvaggio, Fredrick E. Vars

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No abstract provided.

Abortion, Informed Consent, And Regulatory Spillover, Katherine Shaw, Alex Stein

Articles

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, Dave Fagundes

Articles

Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no economic harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-economic harms tend to stifle rather than encourage creative production. While much scholarship has critiqued copyright’s economic theory from the perspective of authors’ incentives to create, ours is the first to explore this issue from the perspective of owners’ motivations to sue for infringement. We turn to moral psychology, and in particular to moral …

The Continuing Battle Over Economically Targeted Investments: An Analysis Of The Department Of Labor's Interpretative Bulletin 2015-01, Edward A. Zelinsky

Articles

In Interpretive Bulletin 2015-01 (IB 2015-01), the U.S. Department of Labor (DOL) renewed the now two-decades old battle over “economically targeted investments” (ETIs). As a matter of statutory interpretation, IB 2015-01, like its predecessors, is unpersuasive. The Employee Retirement Income Security Act of 1974 (ERISA) requires plan trustees to invest “solely” to provide participants’ retirement benefits. A trustee who invests in ETIs violates this statutory obligation by pursuing collateral economic benefits for persons other than plan participants. As a matter of policy, the social investing which ETIs exemplify is unsound. At best, such social investing in practice merely shuffles investment …

The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman

Articles

Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …