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Articles 751 - 780 of 4598
Full-Text Articles in Entire DC Network
A Health Justice Response To School Discipline And Policing, Thalia Gonzalez, Alexis Etow, Cesar De La Vega
A Health Justice Response To School Discipline And Policing, Thalia Gonzalez, Alexis Etow, Cesar De La Vega
Faculty Scholarship
Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact of school discipline and policing is amplified, with disparities existing at some of the highest rates across multiple categories. And this disproportionality has not diminished during short- and long-term school closures resulting from the COVID-19 pandemic. In fact, schools have employed new models of exclusion in the pandemic setting that operate …
Race, Public Health, And The Epidemic Of Incarceration, Thalia Gonzalez, Emma Kaeser
Race, Public Health, And The Epidemic Of Incarceration, Thalia Gonzalez, Emma Kaeser
Faculty Scholarship
No abstract provided.
Brains Without Money: Poverty As Disabling, Emily R. Murphy
Brains Without Money: Poverty As Disabling, Emily R. Murphy
Faculty Scholarship
e United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the “deserving” and “undeserving” poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals are assumed to be at fault for their disadvantage and are therefore less deserving of aid. This Article argues that recent advances in brain and behavioral science undermine the factual basis for those assumptions. Poverty inhibits brain development during childhood and, later in life, adversely affects cognitive capacities that …
The Influence Of White Exceptionalism On Drug War Discourse, Jennifer D. Oliva, Taleed El-Sabawi
The Influence Of White Exceptionalism On Drug War Discourse, Jennifer D. Oliva, Taleed El-Sabawi
Faculty Scholarship
No abstract provided.
Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez
Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez
Faculty Scholarship
Social movements use legal tools to create narratives. Those narratives support social agendas which certain movements leverage to mislead their followers and potential followers. In this Article, we examine one influential anti-vaccine organization, the Informed Consent Action Network (ICAN), that uses its far-reaching platform to create false narratives around legal action. Again and again, this anti-vaccine group misrepresented both the legal and the factual meanings of court decisions, settlements, and other legal actions to create a narrative to galvanize its followers and influence newcomers. ICAN filed lawsuits that make anti-vaccine arguments—even when the legal framework did not fit doing so—and …
Regulating Democratized Investing, Abraham Cable
Regulating Democratized Investing, Abraham Cable
Faculty Scholarship
Robinhood and its imitators activated millions of new investors. Perhaps we should applaud them for finally resurrecting the retail investor after a decades-long decline. There are, however, reasons for concern. Robinhood racked up record fines in the run-up to its IPO. Its users are young, inexperienced, and prone to speculating in risky investments. Given these concerns, this Article considers how to protect this new class of “ultra-retail investors” while also leaving regulatory breathing room for these new market participants. It concludes that many current regulatory approaches risk being ineffectual or stamping out ultra-retail investing altogether by targeting product features that …
Death By Dehumanization: Prosecutorial Narratives Of Death-Sentenced Women And Lgbtq Prisoners, Jessica Sutton, John Mills, Jennifer Merrigan, Kristin Swain
Death By Dehumanization: Prosecutorial Narratives Of Death-Sentenced Women And Lgbtq Prisoners, Jessica Sutton, John Mills, Jennifer Merrigan, Kristin Swain
Faculty Scholarship
No abstract provided.
Trade Secrets In Biologic Medicine: The Boundary With Patents, Robin Feldman
Trade Secrets In Biologic Medicine: The Boundary With Patents, Robin Feldman
Faculty Scholarship
Can something be both open and secret? That is the conundrum facing society as trade secret rights chafe against patent rights in cutting-edge, biologic medicine. The conflict is unsurprising. Trade secret has emerged as a relatively late bloomer among the family of intellectual property rights and only recently has begun to establish the boundaries of its own space, a process in which it will inevitably knock against other intellectual property doctrines already occupying their own domains. Nor is it surprising that the clash would arise in a fast-moving area of medical science. From insulin products, to cancer treatments, to mRNA …
In Search Of The Public Interest, Jodi L. Short
In Search Of The Public Interest, Jodi L. Short
Faculty Scholarship
“Public interest” standards in statutory delegations to agencies represent the greatest hopes and the darkest fears of the U.S. administrative state. On the one hand, the public interest standard provides a vessel for agencies to infuse policymaking with the moral and ethical commitments of the community. On the other hand, regulation in the public interest opens the door to the arbitrary exercise of tyrannical state power. Despite the lofty aspirations and ominous warnings about regulation in the public interest, little is known about how agencies actually decide what is in the public interest when charged by statute to do so. …
Supervision For Advocacy: Supporting Self-Care, Kathleen J. Farkas, Jaroslaw Richard Romaniuk
Supervision For Advocacy: Supporting Self-Care, Kathleen J. Farkas, Jaroslaw Richard Romaniuk
Faculty Scholarship
The objective is to examine the intersection of advocacy for social change, the individual’s emotional costs of advocacy, and the use of trauma informed care in supervisory practice to encourage and support advocates and their work. Supervision models exist, but none address the needs of advocates who might become targets for scorn and persecution. The literature on trauma informed care provides a direction to improve the support and supervision of advocates, especially those who use their personal experiences as examples in their work. We reviewed data bases and relevant literature regarding supervision and the principles of trauma informed care. Periodical …
Trauma Informed Care In Medical Facilities (Terapia Zorientowana Na Traumę W Placówkach Ochrony Zdrowia), Jaroslaw Richard Romaniuk, Kathleen J. Farkas
Trauma Informed Care In Medical Facilities (Terapia Zorientowana Na Traumę W Placówkach Ochrony Zdrowia), Jaroslaw Richard Romaniuk, Kathleen J. Farkas
Faculty Scholarship
The recognition of traumatic experiences across all aspects of human life has spurred the development of research on the impacts of trauma in various segments of society. The Adverse Childhood Experiences Study (ACES) first documented the correlation between childhood trauma exposure and physical and mental health disorders in adulthood. Further studies provided additional evidence of the long lasting impacts of trauma and led to practices to decrease re-traumatizing policies and practices. Trauma informed care (TIC) offers concepts and approaches for successful engagement and effective treatment for trauma survivors. This paper presents six basic principles of TIC and the methods for …
Motivation To Move Out Of The Community As A Moderator Of Bullying Victimization And Delinquent Behavior: Comparing Non-Heterosexual/Cisgender And Heterosexual African American Adolescents In Chicago’S Southside, Dexter R. Voisin
Faculty Scholarship
A growing body of research documents that bullying victimization is associated with delinquent behavior. There is an increasing need to better illuminate the factors that might moderate this relationship. This study examined whether the motivation to move out of low-resourced neighborhoods and sexual orientation/gender identity moderated the relationship between bullying victimization and delinquent behavior among a sample of 450 heterosexual and 91 non-heterosexual/cisgender African American youths. Measures considered were bullying victimization, delinquent behavior, sexual orientation/gender identity, motivation to move out, and family demographics. Sexual orientation/gender identity was not associated with youth delinquent behavior after controlling for covariates. Being motivated to …
Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado-Pérez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs
Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado-Pérez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs
Faculty Scholarship
As we were in the final phases of editing a book on disruption in environmental law, a pandemic swept across the world disrupting daily life and the functioning of society to an extent unprecedented in living memory. The novel coronavirus known as COVID-19 was identified in China in late 2019 and by late February 2020, it had spread to every continent except Antarctica; as of April, 2021, the World Health Organization (WHO) estimated that over 148 million people had been infected worldwide with over 3 million deaths. Scientists and public health experts have raced to understand the virus—how is it …
Correlates Of Social Isolation Among Community-Dwelling Older Adults During The Covid-19 Pandemic, Omolola E. Adepoju, Minji Chae, Lechauncy Woodard, Kendra L. Smith, Luz E. Herrera, Daikwon Han, Daniel L. Howard, Jessica Dobbins, Marcia Ory
Correlates Of Social Isolation Among Community-Dwelling Older Adults During The Covid-19 Pandemic, Omolola E. Adepoju, Minji Chae, Lechauncy Woodard, Kendra L. Smith, Luz E. Herrera, Daikwon Han, Daniel L. Howard, Jessica Dobbins, Marcia Ory
Faculty Scholarship
The past year has severely curtailed social interactions among older adults given their high rates of COVID-19 morbidity and mortality. This study examined social, behavioral, and medical correlates of social isolation among community-dwelling older adults during the COVID-19 pandemic and stratified findings to explore unique differences in two typically neglected populations, African American and Hispanic older adults.
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann
Faculty Scholarship
Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.
In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …
Modernizing Mortgage Law, Christopher K. Odinet
Modernizing Mortgage Law, Christopher K. Odinet
Faculty Scholarship
Modern mortgage law is designed for a world that no longer exists. The residential mortgage transaction of today looks nothing like it did during the formative period when the property laws governing mortgages were developed. What was once a local dealing between two individuals and largely for commercial or quasi-commercial purposes has now become a housing- centric financial transaction-turned-asset between multiple distant and often invisible parties that operate as part ofa national market. Yet, although the mortgage transaction has changed, mortgage law has not. Property law rules that once balanced the rights of mortgagors and mortgagees now completely fail to …
A Randomized Controlled Trial Of Self-Management For People With Epilepsy And A History Of Negative Health Events (Smart) Targeting Rural And Underserved People With Epilepsy: A Methodologic Report, Farren Briggs, Kristin Cassidy, Carol Blixen, Martha Sajatovic
A Randomized Controlled Trial Of Self-Management For People With Epilepsy And A History Of Negative Health Events (Smart) Targeting Rural And Underserved People With Epilepsy: A Methodologic Report, Farren Briggs, Kristin Cassidy, Carol Blixen, Martha Sajatovic
Faculty Scholarship
Background: Many people living with epilepsy (PLWE) reside in rural communities, and epilepsy self-management may help address some of the gaps in epilepsy care for these communities. A prior randomized control trial of a remotely delivered, Web-based group format 12-week self-management program (SMART) conducted in Northeast Ohio, a primarily urban and suburban community, demonstrated improved outcomes in negative health events such as depression symptoms and quality of life. However, there is a paucity of research addressing the needs of PLWE in rural settings. Methods: The present study leverages collaboration between investigators from 2 mid-western US states (Ohio and Iowa) to …
Bipolar I And Bipolar Ii Subtypes In Older Age: Results From The Global Aging And Geriatric Experiments In Bipolar Disorder (Gage-Bd) Project, Farren Briggs, Martha Sajatovic, Kaylee Sarna, Joy Yala
Bipolar I And Bipolar Ii Subtypes In Older Age: Results From The Global Aging And Geriatric Experiments In Bipolar Disorder (Gage-Bd) Project, Farren Briggs, Martha Sajatovic, Kaylee Sarna, Joy Yala
Faculty Scholarship
Objectives: The distinction between bipolar I disorder (BD-I) and bipolar II disorder (BD-II) has been a topic of long-lasting debate. This study examined differences between BD-I and BD-II in a large, global sample of OABD, focusing on general functioning, cognition and somatic burden as these domains are often affected in OABD. Methods: Cross-sectional analyses were conducted with data from the Global Aging and Geriatric Experiments in Bipolar Disorder (GAGE-BD) database. The sample included 963 participants aged ≥50 years (714 BD-I, 249 BD-II). Sociodemographic and clinical factors were compared between BD subtypes including adjustment for study cohort. Multivariable analyses were conducted …
Protecting Sentient Artificial Intelligence: A Survey Of Lay Intuitions On Standing, Personhood, And General Legal Protection, Eric H. Martinez, Christoph Winter
Protecting Sentient Artificial Intelligence: A Survey Of Lay Intuitions On Standing, Personhood, And General Legal Protection, Eric H. Martinez, Christoph Winter
Faculty Scholarship
To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming …
Covid-19 Relief And The Ordinary Inmate, Jenny E. Carroll
Covid-19 Relief And The Ordinary Inmate, Jenny E. Carroll
Faculty Scholarship
As scholars and advocates have lamented the deficiencies of remedies pre- and post-conviction for the extraordinary, the “ordinary” are not saddled with slow and deficient remedies -- they have none. This Essay explores this absence of such relief for those unable to make an extraordinary claim during the COVID-19 public health crisis of 2020. For the ordinary men, women, and children held in custody in 2020 and beyond, pretrial detention and sentencing laws make no exception in the face of a potentially fatal contagion or the public health crisis it creates. Yet, the pandemic highlights the reality that systematic flaws …
Trademarks And The Covid-19 Pandemic: An Empirical Analysis Of Trademark Applications Including The Terms "Covid," "Coronavirus," "Quarantine," "Social Distancing," "Six Feet Apart," And "Shelter In Place", Irene Calboli
Faculty Scholarship
True to its nature as a (hopefully) once in a lifetime event, the COVID-19 pandemic has led to a tsunami of trademark applications. These include the terms “COVID,” “Coronavirus,” and other medical and pandemic-management related terms. This unprecedented number of applications has been highlighted by several commentators in general terms in the past months. This Article examines these applications in detail. Notably, the Article presents the first and most complete survey of the applications filed between the onset of the pandemic and the end of 2020, which include the following terms: “COVID,” “Coronavirus,” “Quarantine,” “Social Distancing,” “Six Feet Apart,” and …
Fake, Andrea M. Matwyshyn, Miranda Mowbray
Fake, Andrea M. Matwyshyn, Miranda Mowbray
Faculty Scholarship
The Internet today is full of fake people and fake information. Trust in both technology and institutions is in a downward spiral. This Article offers a novel comprehensive framework for calibrating a legal response to technology “fakery” through the lens of information security. Introducing the problems of Internet “MIST”—manipulation, impersonation, sequestering, and toxicity—it argues that these MIST challenges threaten the future viability of the Internet through two morphed dynamics destructive to trust. First, the arrival of the Internet-enabled “long con” has combined traditional con artistry with enhanced technological capability for data collection. Second, the risk of a new “PSYOP industrial …
Q: What Is Tort? A: Categorical Hurt, Anita Bernstein
Q: What Is Tort? A: Categorical Hurt, Anita Bernstein
Faculty Scholarship
No abstract provided.
'That Name Is Dead To Me': Reforming Name Change Laws To Protect Transgender And Nonbinary Youth, Sarah Steadman
'That Name Is Dead To Me': Reforming Name Change Laws To Protect Transgender And Nonbinary Youth, Sarah Steadman
Faculty Scholarship
For transgender and some nonbinary youth, living under a chosen name is a first step toward becoming their authentic selves. For these youth, a name change is powerful; it allows them to choose a name that matches their gender identity. They consider their birth name to be a distressing “dead” name - one that they cannot relate to and need to bury.
Using one’s chosen name decreases suicidality among transgender youth who face many challenges, including family rejection and other severe mental health stressors. Transgender and nonbinary youth can only require others to use their chosen names after obtaining a …
Towards A Pedagogy Of Connection: A Critical View Of Being Relational In Listening, Jessi Hinz, John Paul Stephens, Ellen Van Oosten
Towards A Pedagogy Of Connection: A Critical View Of Being Relational In Listening, Jessi Hinz, John Paul Stephens, Ellen Van Oosten
Faculty Scholarship
Positive Organizational Scholarship (POS) perspectives define interpersonal work experiences such as positive work relationships and high-quality connections by the mutual growth and empowerment experienced by relationship or connection partners. Listening has been implicated as a key mechanism for building such positive interpersonal work experiences, but it is unclear how listening spurs on mutual, rather than one-sided growth, in relationship and connection partners. In this paper, we argue that management education currently focuses on the intrapersonal capability of listeners to execute key verbal and non-verbal behaviors. Less emphasis is placed on the mutual experience co-created between speaker and listener and, thus, …
The Jury Trial Reinvented, Christopher Robertson, Michael Shammas
The Jury Trial Reinvented, Christopher Robertson, Michael Shammas
Faculty Scholarship
The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood.
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/="/">Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts …
Replicability In Empirical Legal Research, Jason M. Chin, Kathryn Zeiler
Replicability In Empirical Legal Research, Jason M. Chin, Kathryn Zeiler
Faculty Scholarship
As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review article, we summarize the current state of ELR relative to the broader movement towards …
What Is "United" About The United States?, Gary S. Lawson
What Is "United" About The United States?, Gary S. Lawson
Faculty Scholarship
Jack Balkin’s The Cycles of Constitutional Time aims, among other things, to preserve and promote what Jack regards as “democracy and republicanism,” understood as “a joint enterprise by citizens and their representatives to pursue and promote the public good.” My question is whether and how this normative project is possible in a world full of perceptions of social, political, and moral phenomena akin to the white dress/blue dress internet controversy of 2015. Even if Madison had the better of Montesquieu in 1788 (and that is questionable), the United States has grown dramatically since the founding era, in a patchwork, and …
Exploration Of The Psychometric Properties Of The Person-Centred Primary Care Measure (Pcpcm) In A Chinese Primary Care Population In Hong Kong: A Cross-Sectional Validation Study, Stephen J. Zyzanski, Kurt C. Stange
Exploration Of The Psychometric Properties Of The Person-Centred Primary Care Measure (Pcpcm) In A Chinese Primary Care Population In Hong Kong: A Cross-Sectional Validation Study, Stephen J. Zyzanski, Kurt C. Stange
Faculty Scholarship
Objectives To evaluate the validity and psychometric properties of the Chinese Person-Centred Primary Care Measure (PCPCM) in a Chinese-speaking population. Design A cross-sectional study. Setting A primary care clinic in Hong Kong. Participants 300 Chinese adult patients (150 males and 150 females) were recruited from a primary care clinic to complete a questionnaire containing the PCPCM, Consultation and Relational Empathy (CARE), Patient Enablement Index (PEI) and Adult (short version) Primary Care Assessment Tool (PCAT). The Chinese PCPCM was readministered to 118 participants after 14 days for test-retest reliability. Outcome measures The construct validity, reliability and sensitivity of the Chinese PCPCM. …
How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider
How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider
Faculty Scholarship
Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …