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Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick Jun 2016

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …


Evaluation Of Iowa’S Anti-Bullying Law, Marizen Ramirez, Patrick Ten Eyck, Corinne Peek-Asa, Angela Onwuachi-Willig, Joseph E. Cavanaugh Jun 2016

Evaluation Of Iowa’S Anti-Bullying Law, Marizen Ramirez, Patrick Ten Eyck, Corinne Peek-Asa, Angela Onwuachi-Willig, Joseph E. Cavanaugh

Faculty Scholarship

Bullying is the most common form of youth aggression. Although 49 of all 50 states in the U.S. have an anti-bullying law in place to prevent bullying, little is known about the effectiveness of these laws. Our objective was to measure the effectiveness of Iowa’s anti-bullying law in preventing bullying and improving teacher response to bullying.


Multiple Dimensions Of Stigma And Health Related Factors Among Young Black Men Who Have Sex With Men, Dexter R. Voisin May 2016

Multiple Dimensions Of Stigma And Health Related Factors Among Young Black Men Who Have Sex With Men, Dexter R. Voisin

Faculty Scholarship

This study is among the first to examine the association between multiple domains of HIV-related stigma and health-related correlates including viral load and medication adherence among young Black men who have sex with men (N = 92). Individual logistic regressions were done to examine the hypothesized relationships between HIV-related stigma and various health and psychosocial outcomes. In addition to examining total stigma, we also examined four domains of HIV stigma. Findings revealed the various domains of stigma had differential effects on health-related outcomes. Individuals who reported higher levels of total stigma and personalized stigma were less likely to be virally …


Self-Forgiveness And Forgiveness-Seeking In Response To Rumination: Cardiac And Emotional Responses Of Transgressors, Sérgio P. Da Silva, Charlotte Witvliet, Blake Riek May 2016

Self-Forgiveness And Forgiveness-Seeking In Response To Rumination: Cardiac And Emotional Responses Of Transgressors, Sérgio P. Da Silva, Charlotte Witvliet, Blake Riek

Faculty Scholarship

Self-forgiveness and forgiveness-seeking are important and understudied aspects of forgiveness. We examined the cardiac and emotional patterns of healthy young adults (40 women, 40 men) who recalled an unresolved offense they had caused another person. Participants engaged in four imagery conditions: ruminating about the offense, being humbly repentant and engaging in self-forgiveness, seeking forgiveness from the victim and receiving forgiveness, and seeking forgiveness from the victim and being begrudged. Being repentant and begrudged forgiveness by one’s victim was associated with the same level of guilt as when ruminating, but significantly more negative emotion, less control, and less empathy than when …


Effect Of A 72 Hour Stroke Care Bundle On Early Outcomes After Acute Stroke: A Non Randomised Controlled Study, Martha Sajatovic, Anthony J. Furlan May 2016

Effect Of A 72 Hour Stroke Care Bundle On Early Outcomes After Acute Stroke: A Non Randomised Controlled Study, Martha Sajatovic, Anthony J. Furlan

Faculty Scholarship

Background Integrated care pathways (ICP) in stroke management are increasingly being implemented to improve outcomes of acute stroke patients. We evaluated the effect of implementing a 72 hour stroke care bundle on early outcomes among patients admitted within seven days post stroke to the national referral hospital in Uganda. Methods In a one year non-randomised controlled study, 127 stroke patients who had ‘usual care’ (control group) were compared to 127 stroke patients who received selected elements from an ICP (intervention group). Patients were consecutively enrolled (controls first, intervention group second) into each group over 5 month periods and followed to …


Two Views Of First Amendment Thought Privacy, Adam J. Kolber May 2016

Two Views Of First Amendment Thought Privacy, Adam J. Kolber

Faculty Scholarship

No abstract provided.


Distinguishing Households From Families, Katharine B. Silbaugh May 2016

Distinguishing Households From Families, Katharine B. Silbaugh

Faculty Scholarship

The study of the relationship between all families, whether marital or non-marital, and households, is underdeveloped, despite extensive study of the mismatch between family law, which is still focused on marriage and parenthood, and family practices. Often, in an effort to update the discourse, discussions of non-marital families seem to deploy households or living arrangements as a substitute classification in the place of the old marital family. This Article argues that we need to resist the tendency to substitute the idea of “household” when the boundaries of legal family fail us, because households are not necessarily familial, and because core …


Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas May 2016

Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas

Faculty Scholarship

In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism …


Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes May 2016

Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes

Faculty Scholarship

In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …


How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic Apr 2016

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Faculty Scholarship

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …


Belief States In Criminal Law, James Macleod Apr 2016

Belief States In Criminal Law, James Macleod

Faculty Scholarship

No abstract provided.


Copwatching, Jocelyn Simonson Apr 2016

Copwatching, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


Just Jobs, Anita Bernstein Apr 2016

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.


Dna, Blue Bus, And Phase Changes, Edward K. Cheng, G. Alexander Nunn Apr 2016

Dna, Blue Bus, And Phase Changes, Edward K. Cheng, G. Alexander Nunn

Faculty Scholarship

In ‘Exploring the Proof Paradoxes’, Mike Redmayne comprehensively surveyed the puzzles at the intersection of law and statistics, the most famous of which is the Blue Bus problem, which prohibits legal actors from ascribing liability purely on the basis of probabilistic evidence. DNA evidence, however, is a longstanding exception to Blue Bus. Like Blue Bus, DNA presents probabilistic evidence of identity. Unlike Blue Bus, DNA is widely accepted as legitimate, even when it stands alone as so-called ‘naked’ statistical evidence. Observers often explain such DNA exceptionalism in two ways: either that people break down in extreme cases, or relatedly, that …


On ‘Violence Against Women’, I. Bennett Capers Apr 2016

On ‘Violence Against Women’, I. Bennett Capers

Faculty Scholarship

No abstract provided.


About Microaggressions, Ronald E. Wheeler Apr 2016

About Microaggressions, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the concepts of microaggressions (including micro-assaults, microinsults, and microinvalidations) specifically against LGBT individuals, and proposes some solutions for preventing microaggressions from occurring within one’s organization.


Multiple Anti-Epileptic Drug Use In Children With Epilepsy In Mulago Hospital, Uganda: A Cross Ectional Study, Martha Sajatovic Mar 2016

Multiple Anti-Epileptic Drug Use In Children With Epilepsy In Mulago Hospital, Uganda: A Cross Ectional Study, Martha Sajatovic

Faculty Scholarship

Background: Seizures in up to one third of children with epilepsy may not be controlled by the first anti-epileptic drug (AED). In this study, we describe multiple AED usage in children attending a referral clinic in Uganda, the factors associated with multiple AED use and seizure control in affected patients. Methods: One hundred thirty nine patients attending Mulago hospital paediatric neurology clinic with epilepsy and who had been on AEDs for ≥6months were consecutively enrolled from July to December 2013 to reach the calculated sample size. With consent, the history and physical examination were repeated and the neurophysiologic and imaging …


The Law Of The Platform, Orly Lobel Mar 2016

The Law Of The Platform, Orly Lobel

Faculty Scholarship

New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection. The battle over law in the platform is therefore both conceptual and highly practical. …


Psychological Distress, Drug Use, Sexual Risks And Medication Adherence Among Young Hiv-Positive Black Men Who Have Sex With Men: Exposure To Community Violence Matters, Dexter R. Voisin Feb 2016

Psychological Distress, Drug Use, Sexual Risks And Medication Adherence Among Young Hiv-Positive Black Men Who Have Sex With Men: Exposure To Community Violence Matters, Dexter R. Voisin

Faculty Scholarship

In the USA, Black males are disproportionately affected by community violence and HIV. The aim of this study was to assess whether exposures to community violence are related to psychological distress, drug use, sexual risk behaviors, and medication adherence among a sample of HIV-positive young Black men who had sex with men (YBMSM). Data are from 98 YBMSM ages 18–29 years recruited from Chicago who completed measures on demographics, exposures to community violence, psychological distress, drug use, condomless anal intercourse, and medication adherence. Rates of exposure to community violence were high and youth reported victimization and witnessing numerous types of …


A Nursing Approach To Self-Management Education For Individuals With Mental Illness And Diabetes, Edna Fuentes-Casiano, Martha Sajatovic Feb 2016

A Nursing Approach To Self-Management Education For Individuals With Mental Illness And Diabetes, Edna Fuentes-Casiano, Martha Sajatovic

Faculty Scholarship

Patients with serious mental illness (SMI) and diabetes often seek care in primary care settings and have worse health outcomes than patients who have either illness alone. Individual, provider, and system-level barriers present challenges to addressing both psychiatric and medical comorbidities. This article describes the feasibility, acceptability, and implementation of Targeted Training and Illness Management (TTIM), a self-management intervention delivered by trained nurse educators and peer educators to groups of individuals with SMI and diabetes to improve self-management of both diseases. TTIM is intended to be delivered in a primary care setting. Findings are intended to support the future development …


Gambling In American Prisons, Robert Jarvis Jan 2016

Gambling In American Prisons, Robert Jarvis

Faculty Scholarship

GAMBLING TAKES PLACE IN EVERY PRISON in the United States.


What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg Jan 2016

What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg

Faculty Scholarship

Mediation and other alternative dispute resolution (ADR) processes are now well integrated into the United States judicial system, in both civil and criminal cases. This white paper, drafted for the American Bar Association Commission on the Future of Legal Services, summarizes empirical evidence about the costs and benefits of court-annexed ADR. The first-generation of ADR research found that mediation and other ADR processes resulted in high party satisfaction rates, high settlement rates, cost savings and efficiency, increased long-term cooperation among the parties, and higher compliance rates with the outcome. The paper then examines a ground-breaking study conducted by the Maryland …


The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin Jan 2016

The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin

Faculty Scholarship

The longstanding debate over the relative merits of adversarial and communitarian theories of legal dispute bargaining has been in somewhat of a holding pattern for several years, but recent research in the field of cognitive neuroscience may break the logjam. Laboratory experiments and case studies in that field have shown how dispositions and capacities for social cooperation inherited from natural selection and evolution predispose humans to configure disputing as a mixture of argument over factual reality, disagreement over the interpretation of normative standards, and a search for impartial resolutions that protect the interests of everyone involved equally. This neurobiological inheritance …


The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg Jan 2016

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

Faculty Scholarship

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices engage everyone in …


Disciplining Corporate Boards And Debtholders Through Targeted Proxy Access, Michelle M. Harner Jan 2016

Disciplining Corporate Boards And Debtholders Through Targeted Proxy Access, Michelle M. Harner

Faculty Scholarship

Corporate directors committed to a failed business strategy or unduly influenced by the company’s debtholders need a dissenting voice—they need shareholder nominees on the board. This article examines the bias, conflicts, and external factors that impact board decisions, particularly when a company faces financial distress. It challenges the conventional wisdom that debt disciplines management, and it suggests that, in certain circumstances, the company would benefit from having the shareholders’ perspective more actively represented on the board. To that end, the article proposes a bylaw that would give shareholders the ability to nominate directors upon the occurrence of predefined events. Such …


Helping Our Students Reach Their Full Potential: The Insidious Consequences Of Stereotype Threat, Russell A. Mcclain Jan 2016

Helping Our Students Reach Their Full Potential: The Insidious Consequences Of Stereotype Threat, Russell A. Mcclain

Faculty Scholarship

No abstract provided.


Two Narratives Of Platform Capitalism, Frank A. Pasquale Jan 2016

Two Narratives Of Platform Capitalism, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale, Jennifer Taub Jan 2016

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

Faculty Scholarship

No abstract provided.


Survival In The Face Of Scarcity: The Undocumented Immigrant Experience, Nathalie Martin Jan 2016

Survival In The Face Of Scarcity: The Undocumented Immigrant Experience, Nathalie Martin

Faculty Scholarship

In this Article, I attempt to build an empathy bridge between readers and a group of undocumented immigrants living in the American southwest, applying original qualitative research to scarcity theory. While the original empirical study discussed here was designed to bring out the financial realities of the participants, including their credit and banking habits, we uncovered some unrelated themes, including a general feeling among participants of being taken advantage of on the basis of immigration status, as well as an unwillingness to use the court system to right wrongs, even when there was a clear legal right to do so. …


Gender And The Structural Constitution, Paula A. Monopoli Jan 2016

Gender And The Structural Constitution, Paula A. Monopoli

Faculty Scholarship

No abstract provided.