Digital Commons Network^™

Andrea Yates: A Continuing Story About Insanity, Deborah W. Denno

Faculty Scholarship

No abstract provided.

The Price Of Judicial Economy In The Us, Bruce A. Green

Faculty Scholarship

In the US, courts widely perceive that judicial scarcity is a common problem threatening the fair and timely resolution of disputes. Courts cite the attendant interest in judicial economy to justify interpreting the procedural and substantive law to reduce the judicial workload or accelerate the resolution of cases. But courts’ assumption that there are too few judges to handle the current caseload is hard to substantiate. First, it may not be possible to infer from excessive judicial backlogs or other perceived judicial deficiencies that a shortfall of judges is to blame. Second, even when one confidently perceives that a judicial …

How Should Justice Policy Treat Young Offenders?: A Knowledge Brief Of The Macarthur Foundation Research Network On Law And Neuroscience, Bj Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer E. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner

Faculty Scholarship

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …

Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

Early childhood development is a robust and vibrant focus of study in multiple disciplines, from economics and education to psychology and neuroscience. Abundant research from these disciplines has established that early childhood is critical for the development of cognitive abilities, language, and psychosocial skills, all of which turn, in large measure, on the parent-child relationship. And because early childhood relationships and experiences have a deep and lasting impact on a child’s life trajectory, disadvantages during early childhood replicate inequality. Working together, scholars in these disciplines are actively engaged in a national policy debate about reducing inequality through early childhood interventions. …

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.

“Goodness Itself Must Change” – Anthroponomy In An Age Of Socially-Caused, Planetary Environmental Change, Jeremy Bendik-Keymer

Faculty Scholarship

Given the reality of socially-caused, planetary-scaled, environmental change, how – if at all – should our ethical concepts change? It has been a hallmark of environmental literature in recent years to insist that they should or even must. It will be argued that, yes, our ethical concepts should change by exploring the changes needed for the core ethical concept of goodness. Goodness, it will be argued, must change to reflect a change in priority from personal intentions to the right relation between an agent and the collective to which he/she belongs. This relation, which is called herein the civic relation, …

Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Mark Rapisarda, Wendy J. Kaplan

Faculty Scholarship

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile-specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency …

The Trauma Of The Routine: Lessons On Cultural Trauma From The Emmett Till Verdict, Angela Onwuachi-Willig

Faculty Scholarship

Cultural traumas are socially mediated processes that occur when groups endure horrific events that forever change their consciousness and identity. According to cultural sociologists, these traumas arise out of shocks to the routine or the taken for granted. Understanding such traumas is critical for developing solutions that can address group suffering. Using the African American community’s response to the not guilty verdict in the Emmett Till murder trial as a case study, this article extends cultural trauma theory by explicating how cultural traumas can arise not only when routines are disrupted but also when they are maintained and reaffirmed in …

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.

Involvement In The Juvenile Justice System For African American Adolescents: Examining Associations With Behavioral Health Problems, Dexter R. Voisin

Faculty Scholarship

While researchers have found that African American youth experience higher levels of juvenile justice involvement at every system level (arrest, sentencing, and incarceration) relative to their other ethnic counterparts, few studies have explored how juvenile justice involvement and number of contacts might be correlated with this broad range of problems. A convenience sample of 638 African American adolescents living in predominantly low-income, urban communities participated in a survey related to juvenile justice involvement. Major findings using logistic regression models indicated that adolescents who reported juvenile justice system involvement versus no involvement were 2.3 times as likely to report mental health …

Detrending Changes The Temporal Dynamics Of A Semantic Fluency Task, Steven Lenio, Frances M. Lissemore, Martha Sajatovic, Kathleen A. Smyth, Curtis Tatsuoka, Wojbor A. Woyczynski, Alan J. Lerner

Faculty Scholarship

Objective: To study the dynamics of clustering semantic fluency responses and switching between clusters. Methods: We conducted a cross-sectional study of participants (N = 60) in a study of patient reported outcomes who were given the Saint Louis University Mental Status test. Sixty-second animal naming tests were scored for the timing of responses as well as the clustering of responses into semantic categories. Time scores were detrended to correct for exponential exhaustion and normalize the time scale across individuals. Results: Grouped by number of responses given, low performers (LP; Carter et al., 2012) switched between clusters fewer times than medium …

Two Narratives Of Platform Capitalism, Frank Pasquale

Faculty Scholarship

No abstract provided.

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

Readings On L2 Reading: Publications In Other Venues 2015–2016, Shenika Harris, Carolina Bernales, Gabriela Romero-Ghiretti, Haley Dolosic, Huan Liu, Tracy Van Bishop

Faculty Scholarship

This feature offers an archive of articles published in other venues during the past year and serves as a valuable tool to readers of Reading in a Foreign Language (RFL). It treats any topic within the scope of RFL and second language reading. The articles are listed in alphabetical order, each with a complete reference as well as a brief summary. The editors of this feature attempt to include all related articles that appear in other venues. However, undoubtedly, this list is not exhaustive.

Law And Economics: Contemporary Approaches, Frank Pasquale, Martha T. Mccluskey, Jennifer Taub

Faculty Scholarship

No abstract provided.

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Faculty Scholarship

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler

Faculty Scholarship

The number of empirical legal studies published by academic journals is on the rise. Given theory’s dominance over the last few decades, this is a welcome development. This movement, however, has been plagued by a lack of rigor and a failure of editors to require disclosure of data and procedures that allow for easy replication of published results. Law journals, the editorial boards of which are manned solely by law students, might face the toughest hurdles in ensuring publication of only high quality empirical studies and in implementing and enforcing disclosure policies. While scholars in other fields including economics, psychology, …

Moral Courage In Indigent Defense, Tigran W. Eldred

Faculty Scholarship

In this essay, I take a different perspective, one that focuses on why people are able to act ethically despite pressures to do otherwise. Social science has convincingly demonstrated that the power of the situation can exert significant influence over individual behavior, thus undermining the claim that only “bad” people engage in unethical conduct.⁴ Yet, we know that there are individual differences to how people respond to ethical dilemmas, which raises a core question: why do some individuals act more ethically than others, even in similar situations?

To explore this question, I focus on a familiar domain from my …

Late Life Bipolar Disorder Evolving Into Frontotemporal Dementia Mimic, Martha Sajatovic

Faculty Scholarship

Objectives: Although bipolar disorder has been understood classically as a cyclic disease with full recovery between mood episodes, in the last decade, evidence has accumulated supporting progressive features. The clinical picture of advanced or end-stage bipolar disorder is heterogeneous with possible deficits in cognition and behavior, as illustrated by our case series. Cases: From our neuropsychiatric outpatient clinic, we describe four cases with bipolar disorder gradually developing a clinical syndrome, including apathy, disinhibition, loss of empathy, stereotypical behavior, and compulsiveness, fulfilling the criteria for possible behavioral variant frontotemporal dementia. All cases were diagnosed with bipolar 1 disorder at least 10 …

The Relationship Between Life Stressors And Drug And Sexual Behaviors Among A Population-Based Sample Of Young Black Men Who Have Sex With Men In Chicago, Dexter R. Voisin

Faculty Scholarship

Younger Black men who have sex with men (YBMSM) have the highest rates of HIV incidence in the U.S. and are also exposed to high life stressors (e.g., unemployment, incarceration, and exposure to communality). This study assessed whether life stressors were related to drug use and sexual risk behaviors among a representative sample of YBMSM. The South Side of Chicago and selected adjacent suburbs represents the most populous contiguous Black community in the U.S. Over 10% of the estimated YBMSM population in this geographic region were sampled. Major findings indicated that higher life stress was significantly associated with greater odds …

Investing In High Quality Preschool: Lessons From An Urban Setting, Elizabeth R. Anthony, Robert L. Fischer

Faculty Scholarship

Large numbers of children of low income families in the United States arrive at kindergarten already far behind their more affluent peers on measures of school readiness. In the absence of any federal preschool policy and amidst alarm about this growing divide, universal prekindergarten (UPK) programs have been launched around the United States, at both the state and local levels, to address the school readiness gap. Invest in Children, a public/private partnership in Cuyahoga County (Cleveland, OH) launched a UPK program of high quality, affordable preschool nine years ago. The program’s creation, implementation and challenges are discussed along with evaluation …

Marijuana Use Among Young Black Men Who Have Sex With Men And The Hiv Care Continuum: Findings From The Uconnect Cohort, Dexter R. Voisin

Faculty Scholarship

Background: Young Black men who have sex with men (YBMSM) are at highest risk for HIV seroconversion in the United States. Successful movement through the HIV care continuum is an important intervention for limiting onwards HIV transmission. Objective: Little data exists on how substances most commonly used by YBMSM, such as marijuana, are related to the HIV continuum, which represents the primary aim of this study. Methods: A cohort of YBMSM (n = 618) was generated through respondent-driven sampling. Frequency of marijuana use and marijuana use as a sex-drug were assessed across the HIV care continuum using weighted logistic regression …

Positive Reappraisals After An Offense: Event-Related Potentials And Emotional Effects Of Benefit-Finding And Compassion, Justin C. Baker, John K. Williams, Charlotte Witvliet, Peter C. Hill

Faculty Scholarship

Using a within subjects design, three emotion regulation strategies (compassion‐focused reappraisal, benefit‐focused reappraisal, and offense rumination) were tested for their effects on forgiveness, well‐being, and event‐related potentials (ERPs). Participants (N = 37) recalled a recent interpersonal offense as the context for each emotion regulation strategy. Both decisional and emotional forgiveness increased significantly for the two reappraisal strategies compared to offense rumination. Compassion‐focused reappraisal prompted the greatest increase in both decisional and emotional forgiveness. Furthermore, both reappraisal strategies increased positively oriented well‐being measures (e.g., joy, gratitude) compared to offense rumination, with compassion‐focused reappraisal demonstrating the largest effect on empathy. Late positive …

Brief For The American Association On Intellectual And Developmental Disabilities (Aaidd), And The Arc Of The United States As Amicus Curiae, James W. Ellis, Ann M. Delpha, Carol M. Suzuki, Steven Homer, David Stout, April Land

Faculty Scholarship

As with any field of scientific inquiry, our understanding of the condition of intellectual disability is improved and enhanced over time by continuing, rigorous study and analysis. The scientific study and the diagnosis of intellectual disability involve issues important to scholars and clinicians. But amici believe that there is no need for this Court to become enmeshed in the details and intricacies of those scholarly efforts in order to resolve the instant case and to provide guidance to lower courts in their task of fairly adjudicating cases under Atkins v. Virginia, 536 U.S. 304 (2002). This Court need only affirm …

Beyond Body Cameras: Defending A Robust Right To Record The Police, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh

Faculty Scholarship

A central feature – if not the central feature – of legal scholarship today is analysis across divides.

It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.

For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of …

Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh

Faculty Scholarship

This Article begins, in Part I, with an overview of magistrate judges’ history and role generally, including a discussion of the mechanism of “blind consent” that must be undertaken before a magistrate judge may conduct a trial. Part I then turns to magistrate judges’ role in settlement and ADR, outlines the procedural and ethical rules governing judges’ role in settlement, and highlights research revealing lawyers’ concerns regarding judges’ role in settlement. In Part II, the Article provides a brief overview of mediation in the federal courts and considers the relationship between judge-hosted settlement sessions and mediation. With this background regarding …

"Free My Agent": Legal Implications Of Professional Athletes' Self-Representation, Jodi Balsam

Faculty Scholarship

No abstract provided.

Temporal Effects Of Distressed Housing On Early Childhood Risk Factors And Kindergarten Readiness, Claudia J. Coulton, Francisca García Cobián Richter, Robert L. Fischer, Youngmin Cho

Faculty Scholarship

Poor housing quality and housing crises have been linked to adverse outcomes for children. However, few studies have focused on the early childhood period or been able to pinpoint how the timing and duration of housing problems contributes to early educational success. This longitudinal study draws on linked administrative records from housing, education, social service and health agencies to examine the influence of exposure to housing neighborhood conditions since birth on school readiness of all children entering kindergarten over a four-year period in a big city school system. Using marginal structural models that properly account for dynamic housing and neighborhood …

Pension De-Risking, Paul M. Secunda, Brendan S. Maher

Faculty Scholarship

The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.”

Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other approaches …