Digital Commons Network^™

Pathways Linking Family Stress To Youth Delinquency And Substance Use: Exploring The Mediating Roles Of Self-Efficacy And Future Orientation, Dexter R. Voisin

Faculty Scholarship

African American adolescents in poorer neighborhoods experience significant sanctions related to drug use and delinquency. Parental stress (i.e. substance use, mental distress, and incarceration) is associated with youth drug use and delinquency. We examined whether high self-esteem and positive future orientation mediated parental stress and youth substance use and delinquency. Demographic, family stress, future orientation, self-esteem, and drug use data were collected from 578 youths. Major findings indicated that self-esteem mediated the relationship between family stress and both drug use and delinquency. Future mediated the relationship between family stress and delinquency. Resiliency factors may promote positive development for low-income youth.

Patent Schisms, Clark D. Asay

Faculty Scholarship

Parties frequently obtain patents for one purpose, only to use those patents for another. This article calls such divergences between parties' initial motivations to obtain patents and those patents' predominant uses late on "patent schisms."

Because traditional patent law theories typically treat the purposes of patents as static, scholars have neglected to explicitly examine patent schisms and the reasons behind them. This is so despite the pervasiveness of patent schisms in a variety of important contexts. Those contexts include the patenting behaviors of early-stage companies, later-stage companies, so-called "patent trolls," and universities. In fact, patent schisms lie at the heart …

Searchlight New Mexico Interviews Maryam Ahranjani On The Prisonization Of America's Public Schools, Maryam Ahranjani, Sara Solovitch

Faculty Scholarship

Maryam Ahranjani writes about personal experiences with mass school shootings in "The Prisonization of America's Public Schools," published in October 2017 in Hofstra Law Review. The article takes a critical stance against what Ahranjani terms the growing "criminal infrastructure" metal detectors, surveillance cameras and police officers within our nation's schools. Searchlight New Mexico asked Ahranjani what kind of national response makes sense in the wake of the Parkland mass shooting.

Criminal Procedure And The Good Citizen, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Adr And Access To Justice: Current Perspectives, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Rory Van Loo, Ellen Waldman

Faculty Scholarship

Extract:

I want to give you a roadmap for our program. We will not be delivering individual papers but, rather, hope to have a discussion. We are planning to spend thirty minutes on introductions for the purpose of allowing you to identify the source of each panelist's perspectives. We will then use an hour, more or less, for a discussion among the panel. That will leave fifteen minutes for audience questions and participation. Because we will be publishing an edited transcript, we ask that you hold your questions until the end.

Access to justice is a broad topic, and we …

Anti-Innovation Norms, Stephanie Plamondon, Laura G. Pedraza-Fariña

Faculty Scholarship

Intellectual property (IP) scholars have recently turned their attention to social norms—informal rules that emerge from and are enforced by nonhierarchically organized social forces—as a promising way to spur innovation in communities as diverse as the fashion industry and the open-source software movement. The narrative that has emerged celebrates social norms’ ability to solve IP’s free-rider problem without incurring IP’s costs.

But this account does not fully consider the dark side of social norms. In fact, certain social norms, when overenforced, can create substantial barriers to the most socially beneficial creative pursuits. Because IP scholars have left unexplored how social …

Demographic And Clinical Correlates Of Seizure Frequency: Findings From The Managing Epilepsy Well Network Database, Martha Sajatovic, Ashley Bukach, Curtis Tatsuoka

Faculty Scholarship

Background and Purpose Epilepsy is a chronic neurological disease that represents a tremendous burden on both patients and society in general. Studies have addressed how demographic variables, socioeconomic variables, and psychological comorbidity are related to the quality of life (QOL) of people with epilepsy (PWE). However, there has been less focus on how these factors may differ between patients who exhibit varying degrees of seizure control. This study utilized data from the Managing Epilepsy Well (MEW) Network of the Centers for Disease Control and Prevention with the aim of elucidating differences in demographic variables, depression, and QOL between adult PWE. …

Personal Strengths Reported By People With Chronic Illness: A Qualitative Study, Kurt C. Stange

Faculty Scholarship

Background: Self-management of chronic illness can be highly demanding and people need to mobilize their personal strengths to live well with their condition. More knowledge is needed about how people with chronic illness perceive and use their personal strengths as a basis for better integrating empowering person-centred approaches into health care. Objective: To explore what people with chronic illness describe as their strengths relevant to their health and well-being. Setting and Participants: Thirty-nine participants (11 men) from 4 outpatient self-management programmes were recruited to individual or group interviews. Participants included patients with chronic respiratory disease (n = 7), chronic pain …

When The Chinese Intellectual Property System Hits 35, Peter K. Yu

Faculty Scholarship

This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system’s three phases of development. It discusses the system’s evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.

Contract, Promise, And The Right Of Redress, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Training Scholars In Dissemination And Implementation Research For Cancer Prevention And Control: A Mentored Approach, Kurt C. Stange

Faculty Scholarship

Background: As the field of D&I (dissemination and implementation) science grows to meet the need for more effective and timely applications of research findings in routine practice, the demand for formalized training programs has increased concurrently. The Mentored Training for Dissemination and Implementation Research in Cancer (MT-DIRC) Program aims to build capacity in the cancer control D&I research workforce, especially among early career researchers. This paper outlines the various components of the program and reports results of systematic evaluations to ascertain its effectiveness. Methods: Essential features of the program include selection of early career fellows or more experienced investigators with …

Gratitude Predicts Hope And Happiness: A Two-Study Assessment Of Traits And States, Charlotte Witvliet, Fallon J. Richie, Lindsey M. Root Luna, Daryl R. Van Tongeren

Faculty Scholarship

Gratitude is the appreciation of a gift received; happiness is the enjoyment of a present good; and hope is the desire for a valued future. Two studies investigated gratitude as a predictor of hope and happiness. In Study 1, hierarchical regressions (N = 181) revealed that trait gratitude exceeded other constructs (forgivingness, patience, self-control) in predicting trait hope and happiness. In Study 2, we experimentally tested the impact of a gratitude-related writing intervention on state hope and happiness. Participants (N = 153) first wrote about a current, meaningful, hoped-for outcome and completed state hope and happiness measures. Participants …

A Mixed Methods Study Of Symptom Perception In Patients With Chronic Heart Failure, Elliane Irani

Faculty Scholarship

Background: Early heart failure (HF) symptoms are frequently unrecognized for reasons that are unclear. We explored symptom perception in patients with chronic HF. Methods: We enrolled 36 HF out-patients into a longitudinal sequential explanatory mixed methods study. We used objectively measured thoracic fluid accumulation and daily reports of signs and symptoms to evaluate accuracy of detected changes in fluid retention. Patterns of symptom interpretation and response were explored in telephone interviews conducted every 2 weeks for 3-months. Results: In this sample, 44% had a mismatch between objective and subjective fluid retention; younger persons were more likely to have mismatch. In …

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Collaborative Action Research To Implement Social-Emotional Learning In A Rural Elementary School: Helping Students Become "Little Kids With Big Words", Donna M. San Antonio Dr.

Faculty Scholarship

Research has shown that social and emotional learning (SEL) can benefit students in affective, interpersonal, communicative, and academic realms. However, teachers integrating SEL face a variety of logistical, pedagogical, and skill development challenges, including how to effectively facilitate classroom conversations on social justice and personal loss. This article draws from classroom observations, teacher conversations, interactive journals, and field notes to describe a seven-month-long university-school partnership to carry out an action research project in a high-poverty rural elementary school in the US. Teachers grappled with how to address race, immigration, and gender discrimination in a predominantly White community. Classroom vignettes, and …

Are Helicopter Parents Creating A Generation Of Wusi Employees?, Katherine Karl, Frank Butlerq, Joy V. Peluchette, Marjanna Gunkel

Faculty Scholarship

This study examines the extent to which having a helicopter parent is associated with one’s propensity to perceive one’s supervisor as abusive, or WUSI-ness. The WUSI construct consists of three traits including waspishness, umbrageous sensitivity and insecurity. Our findings suggest that having a helicopter mother is significantly related to an individual’s tendency to react with anger in response to supervisor behaviors that others might view as benign (Waspishness), as well as a tendency to anticipate negative interactions with their supervisor and experience high levels of anxiety when such interactions occur (Insecurity). Having a helicopter father was only associated with an …

Sexual Privacy, Danielle Keats Citron

Faculty Scholarship

Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …

Beyond Instrumentalism: A Substantivist Perspective On Law, Technology, And The Digital Persona, Frank Pasquale, Arthur J. Cockfield

Faculty Scholarship

No abstract provided.

Evaluating Intellectual Disability: Clinical Assessments In Atkins Cases, James W. Ellis, Caroline Everington, Ann M. Delpha

Faculty Scholarship

The intersection of intellectual disability and the death penalty is now clearly established. Both under the U.S. Supreme Court’s constitutional decisions and under the terms of many state statutes, individual defendants who have that disability cannot be sentenced to death or executed. It now falls to trial, appellate, and post-conviction courts to determine which individual criminal defendants are entitled to the law’s protection. This Article attempts to assist judges in performing that task. After a brief discussion of the Supreme Court’s decisions in Atkins v. Virginia, Hall v. Florida, and Moore v. Texas, it analyzes the component parts and terminology …

"Identifying The Entrepreneur’S Goal For The Business" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. An important decision to the development of a start-up business is the purpose for launching that business in the life of the entrepreneur. The purpose will, in turn, strongly influence decisions about where to raise money to start the venture and how to organize the ownership. This short exploration of the psychology behind the entrepreneur’s motivation should help predict which decisions will most likely help the business goals.

Think Fast: Post Judgment Considerations In Hague Child Abduction Cases, Timothy L. Arcaro

Faculty Scholarship

This article will focus on post judgment considerations in the context of federal district court proceedings, which frequently parallel the procedural aspects of U.S. state court proceedings. Part I of this article will examine the Abduction Convention structure and function to contextualize the interplay of return cases and post-judgment considerations. Part II will examine the flexible notions of Due Process and post-trial relief in Hague proceedings at the federal district court level. Part III will examine post-judgment access remedies and practical considerations in establishing custodial rights. In Part IV, I will share my conclusions on post-judgment relief in Hague Abduction …

Punishment And Moral Risk, Adam J. Kolber

Faculty Scholarship

No abstract provided.

Judicial Appraisals Of Risk Assessment In Sentencing, John Monahan, Ann Metz, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Criminally Bad Management, Samuel W. Buell

Faculty Scholarship

Because of their leverage over employees, corporate managers are prime targets for incentives to control corporate crime, even when managers do not themselves commit crimes. Moreover, the collective actions of corporate management — producing what is sometimes referred to as corporate culture — can be the cause of corporate crime, not just a locus of the failure to control it. Because civil liability and private compensation arrangements have limited effects on management behavior — and because the problem is, after all, crime — criminal law is often expected to intervene. This handbook chapter offers a functional explanation for corporate criminal …

If We Pay Football Players, Why Not Kidney Donors, Philip J. Cook, Kimberly D. Krawiec

Faculty Scholarship

Ethicists who oppose compensating kidney donors claim they do so because kidney donation is risky for the donor’s health, donors may not appreciate the risks and may be cognitively biased in other ways, and donors may come from disadvantaged groups and thus could be exploited. However, few ethical qualms are raised about professional football players, who face much greater health risks than kidney donors, have much less counseling and screening concerning that risk, and who often come from racial and economic groups deemed disadvantaged. It thus seems that either ethicists—and the law—should ban both professional football and compensated organ donation, …

Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink

Faculty Scholarship

Gender dynamics suffuse virtually every workplace. Indeed, the way that employees interact with one another turns not only on their individual backgrounds, skills and personalities, but also frequently on their gender. While many employees embrace gender diversity at work and appreciate the benefits of incorporating both male and female perspectives into workplace programs and projects, this ideal does not translate into every work environment. In many workplaces, female workers continue to experience unfair (and often unlawful) treatment based upon their gender. The law has done much to outlaw overt gender discrimination at work, providing a legal framework within which female …

Radical Feminist Harms On Sex Workers, I. India Thusi

Faculty Scholarship

Sex work has long been a site for contesting womanhood, sexuality, race, and patriarchy. Its very existence forces us to examine how we think about two very dirty subjects-money and sex. The radical feminist literature highlights the problems with sex work and often describes it as a form of "human trafficking" and violence against women. This influential philosophy underlies much of the work in human trafficking courts, was evident in a letter signed by several Hollywood starlets in opposition to Amnesty International's support for decriminalization, and is the premise of several movies and documentaries about "sex slavery." Radical feminists aim …

Conscious Identity Performance, Leslie P. Culver

Faculty Scholarship

No abstract provided.

Deporting Undesirable Women, Pooja R. Dadhania

Faculty Scholarship

Immigration law has long labeled certain categories of immigrants "undesirable." One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of …