Digital Commons Network^™

The Private Option, Brendan S. Maher

Faculty Scholarship

Health care reform is once again in the air. Virtually all Democrats favor some meaningful expansion of public insurance, whether through single payer or the creation of a “public option” that would allow consumers dissatisfied with the private market to buy into a public program. Republicans, not surprisingly, have pushed back, not only against single payer, but also against the public option, saying it will drive private payors to extinction. All the political jousting implicates a larger and serious policy question; namely, what should be the role of private payors in the nation’s health care system?

Arguments to date on …

Digital Humanities And Virtual Reality: A Review Of Theories And Best Practices For Art History, James Hutson, Trent Olsen

Faculty Scholarship

The technology of virtual reality (VR) has had proven educational benefits over the last three decades. And yet, most research conducted on these benefits has been confined to science programs, especially in Computer Science. The application of VR technology for the Digital Humanities is only now beginning to receive attention, but more study needs to be conducted on its uses within various humanistic disciplines. In order to expand on the research at a pivotal time in education when modalities expand beyond the dominant face-to-face model to incorporate more hybrid, distance education, and online learning, this study reviews the literature and …

The Unified Legal Skills Program: How One Law School Adapted To Meet The Needs Of Students Online, And How Those Adaptations May Inform Post-Pandemic Teaching, David Austin, Allison D. Cato, Amy E. Day, Liam Vavasour

Faculty Scholarship

When CWSL was forced to switch to online learning for the COVID-19 pandemic, we worked hard to follow best practices for online learning by attending online conferences and voraciously reading everything we could find to make the learning experience the best we could for our students. CWSL's Legal Skills program earned high praise in student evaluations for adapting so quickly given the difficult circumstances.

During the summer of 2020, we met as a Legal Skills team to discuss how to approach the regular school term. Specifically, we faced a larger-than-anticipated first-year class and contemplated how to remedy the sense of …

The Trauma Of Awakening To Racism: Did The Tragic Killing Of George Floyd Result In Cultural Trauma For Whites?, Angela Onwuachi-Willig

Faculty Scholarship

The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to shift their thinking about the existence and prevalence of racialized police brutality, reconsidering the manner in which they had always viewed the world around them. Indeed, many white individuals began to recognize and acknowledge the varied ways in which whiteness worked to privilege them in our society, even …

The Boston Medical Center Immigrant Task Force: An Alternative To Teaching Immigration Law To Health Care Providers, Sondra S. Crosby, Lily Sonis, George J. Annas

Faculty Scholarship

As healthcare providers engage in the politics of reforming and humanizing our immigration and asylum “system” it is critical that they are able to refer their patients whose health is directly impacted by our immigration laws and policies to experts who can help them navigate the system and obtain the healthcare they need.

Negative Marital Interaction, Purpose In Life, And Depressive Symptoms Among Middle-Aged And Older Couples: Evidence From The Health And Retirement Study, Elliane Irani, Sumin Park, Ronald L. Hickman Jr.

Faculty Scholarship

Objective: Negative marital interaction and purpose in life have been associated with depressive symptoms. Yet, these associations have not been fully explored in a dyadic context. This study examines the actor (intra-individual) and partner (cross-spousal) effects of negative marital interaction on depressive symptoms in couples and the potential mediating role of purpose in life. Methods: Data came from 1186 heterosexual married couples who participated in the 2016 (T1) and 2018 (T2) waves of the Health and Retirement Study and completed the psychosocial questionnaire in 2016. Structural equation modeling was used to estimate the direct and indirect associations among T1 negative …

Alcohol Use In Tanzanians With Chronic Psychotic Disorders And Poor Medication Adherence, Emily Simon, Jennifer B. Levin, Carol Blixen, Michelle Aebi, Kristin Cassidy, Martha Sajatovic

Faculty Scholarship

Background: The burden of chronic psychotic disorders (CPDs) in sub-Saharan Africa (SSA) is significant. Poorly medically adherent patients are more likely to have worse outcomes and require more resources. However, factors impacting effective treatment of CPD in this population are unclear. Aim: Examine the relationship between alcohol use and disease management and compare alcohol risk stratification between the Alcohol Use Disorders Identification Test (AUDIT) and Alcohol, Smoking and Substance Involvement Screening Test (ASSIST) in poorly medication adherent Tanzanians with CPD. Setting: Muhimbili National Hospital and ambulatory clinics in Dar es Salaam, Tanzania. Methods: 100 Tanzanians with CPDs and suboptimal medication …

Integrating Behavioral Health And Primary Care (Ibh-Pc) To Improve Patient-Centered Outcomes In Adults With Multiple Chronic Medical And Behavioral Health Conditions: Study Protocol For A Pragmatic Cluster-Randomized Control Trial, Terry Stancin, Kurt C. Stange, Kathryn Teng

Faculty Scholarship

Background: Chronic diseases that drive morbidity, mortality, and health care costs are largely influenced by human behavior. Behavioral health conditions such as anxiety, depression, and substance use disorders can often be effectively managed. The majority of patients in need of behavioral health care are seen in primary care, which often has difficulty responding. Some primary care practices are providing integrated behavioral health care (IBH), where primary care and behavioral health providers work together, in one location, using a team-based approach. Research suggests there may be an association between IBH and improved patient outcomes. However, it is often difficult for practices …

American Perspectives On Suicidality Among Men In Poland, Jaroslaw Richard Romaniuk, Kathleen J. Farkas

Faculty Scholarship

This article examines sociological, psychological, and suicidological research on the determinants of male suicide to explore the fact that Polish men complete suicide 7.4 times more than women, a frequency twice as high as in the US. This paper is based upon an examination of relevant literature and statistical databases. A keyword search was completed in both Polish and English language databases. Ideals of masculinity and negative social attitudes towards a non-binary view of gender may increase stressors and discourage men in Poland from revealing their problems while seeking support, explaining the high rates of suicide completion among Polish men. …

Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag

Faculty Scholarship

No abstract provided.

Pernicious Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all, …

Detailed Data About A Forty-Year Systematic Review And Meta-Analysis On Nursing Student Academic Outcomes, Celeste Marie Alfes

Faculty Scholarship

Data were extracted from observational studies describing undergraduate nursing students’ academic outcomes that were included in a systematic review and meta-analysis conducted in 2019 and updated in 2020 [1]. Data were extracted by two researchers independently through a previously tested electronic spreadsheet; any disagreement about data extraction was discussed with a third author. Extracted data were studies’ general information, characteristics (i.e., country, study design, involved centers, number of cohort of students involved, duration (years) and denomination of the program attended, sample (N), sociodemographic characteristics of the sample, and methods utilized for data collection), and data related to the research question(s) …

Examining The Causal Impact Of Prenatal Home Visiting On Birth Outcomes: A Propensity Score Analysis, Elizabeth R. Anthony, Robert L. Fischer

Faculty Scholarship

Objectives: In Ohio, African American babies die at 2.5–3 times the rate of White babies. Preterm birth and low birth weight are the leading causes of infant mortality. Home visiting is an evidence-based strategy for serving low-income pregnant women; however, there are relatively few rigorous studies examining its effect on birth outcomes. Methods: This study uses a propensity score technique to estimate the causal effect of participation in home visiting on prematurity and low birth weight among a low-income, predominantly African American sample (N = 26,814). Results: We found that participation in home visiting significantly reduced the odds of experiencing …

Investigating Music-Based Cognitive Rehabilitation For Individuals With Moderate To Severe Chronic Acquired Brain Injury: A Feasibility Experiment, Nicole M. Richard Williams

Faculty Scholarship

Background: Acquired brain injuries often cause cognitive impairment, significantly impacting participation in rehabilitation and activities of daily living. Music can influence brain function, and thus may serve as a uniquely powerful cognitive rehabilitation intervention. Objective: This feasibility study investigated the potential effectiveness of music-based cognitive rehabilitation for adults with chronic acquired brain injury. Methods: The control group participated in three Attention Process Training (APT) sessions, while the experimental group participated in three Music Attention Control Training (MACT) sessions. Pre-and post- testing used the Trail Making A & B, Digit Symbol, and Brown-Peterson Task as neuropsychological tests. Results: ANOVA analyses showed …

A Unified Theory Of Data, William Magnuson

Faculty Scholarship

How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our regulatory structures. But just what those problems might be remains an area of deep disagreement. Some argue that the problem with data is that current uses lead to discriminatory results that harm minority groups. Some argue that the problem with data is that it impinges on …

Intergenerative Transdisciplinarity In “Glocal” Learning And Collaboration, Peter J. Whitehouse

Faculty Scholarship

In this report, authors from North America, Africa, Europe, and Asia share commonalities and differences in the lessons we are learning from COVID-19, especially about scholarship and collaboration. We represent different ages and disciplines hence our focus on intergenerational perspectives and transdisciplinary considerations. Our work is intergenerative{that is going "between to go beyond" by connecting creative sources of culture and focusing on the emergent, that is responding to changes in the context in which we work. And importantly in our view, we will point beyond whatever the next phase of COVID or even the next pandemic brings to a more …

“Making Sure We Are All Okay”: Healthcare Workers’ Strategies For Emotional Connectedness During The Covid-19 Pandemic, Anna E. Bender, Kristen A. Berg, Emily K. Miller, Kylie E. Evans, Megan R. Holmes

Faculty Scholarship

Healthcare workers have been on the front lines throughout the COVID-19 pandemic, treating affected patients and navigating overwhelmed healthcare systems. Emotional connection has been associated with resilient outcomes following collective trauma. This qualitative study examined how healthcare workers define emotional connectedness during the COVID-19 pandemic and their adaptive emotional connection strategies. Data were gathered through the first wave of the online COVID-19 Pandemic and Emotional Well-Being study, a prospective panel study of the psychological impact of COVID-19 on frontline workers and the general public. This study focused on three extended-response questions about definitions of and strategies for emotional connectedness. Data …

Correlates Of Depression Among Black Girls Exposed To Violence, Dexter R. Voisin

Faculty Scholarship

Depression rates for youth remanded to juvenile detention is double that of the general population and Black girls are especially vulnerable. A dearth of literature analyzes the factors that are correlated with depression among system-involved Black girls, ages 12–17 years old. We utilized personal agency to examine the relationship between risk factors (i.e., abuse history, and fear of condom negotiation) and protective factors (i.e., condom self-efficacy, and perceived social support) that might correlate with depression among Black girls exposed to violence. Findings indicate that fear of condom negotiation, abuse history and low condom self-efficacy are correlated with depressive symptomology while …

Junk Science At Sentencing, Maneka Sinha

Faculty Scholarship

Junk science used in criminal trials has contributed to hundreds of wrongful convictions. But the problem is much worse than that. Junk science does not only harm criminal defendants who go to trial, but also the overwhelming majority of defendants—over ninety-five percent—who plead guilty, skip trial, and proceed straight to sentencing.

Scientific, technical, and other specialized evidence (“STS evidence”) is used regularly, and with increasing frequency, at sentencing. Despite this, Federal Rule of Evidence 702 and its state equivalents—which help filter unreliable STS evidence at trials—do not apply at the critical sentencing stage. In fact, at sentencing, no meaningful admissibility …

Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt

Faculty Scholarship

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness

Abstract

While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that are …

Contract's Influence On Feminism And Vice Versa, Martha M. Ertman

Faculty Scholarship

Feminist legal theory has both embraced and rejected contract. While contract-based conceptual and doctrinal tools have improved women’s economic and social status, feminists also critique contract-based reforms for colluding with hierarchies of gender, race and class. This chapter charts influential work on both sides of the contract debate and identifies a third approach that sees contract as a mechanism for law to move away from a hierarchal regime by stopping at a contractual way station en route to a more equal system of public ordering. It concludes by identifying ways that feminist legal theorists have injected feminist insights into traditional …

Deceive, Profit, Repeat: Public Deception Schemes To Conceal Product Dangers, Wes Henricksen

Faculty Scholarship

No abstract provided.

Social Justice, Civil Rights, And Bioethics, Kathy Cerminara

Faculty Scholarship

A stunning confluence of events in the United States in the first few months of 2020 have illustrated pervasive systemic prejudice against vulnerable people resulting in increased risk of death. Combined and situated among other, similar incidents too numerous to mention here, they present an opportunity for bioethicists to help change the impact of implicit bias, white privilege, and prejudice in shaping the very ability to live a healthy life in America. The current lack of care and even outright cruelty rendering a variety of vulnerable populations susceptible to early death illustrate why there must be more attention paid to …

"Slack" In The Data Age, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

This Article examines how increasingly ubiquitous data and information affect the role of “slack” in the law. Slack is the informal latitude to break the law without sanction. Pockets of slack exist for various reasons, including information imperfections, enforcement resource constraints, deliberate nonenforcement of problematic laws, politics, biases, and luck. Slack is important in allowing flexibility and forbearance in the legal system, but it also risks enabling selective and uneven enforcement. Increasingly available data is now upending slack, causing it to contract and exacerbating the risks of unfair enforcement.

This Article delineates the various contexts in which slack arises and …

Discipline In North Carolina’S Charter Schools, Peggy Nicholson, Ryan Yang, Richard Yang

Faculty Scholarship

No abstract provided.

The Targeted Management (Team) Intervention For Reducing Stroke Risk In African American Men: Rationale And Study Design Of A Prospective Randomized Controlled Trial, Carolyn H. Still, Chris Burant, Shirley Moore, Doug Einstadter, Cheryl Killion, Charles Modlin, Sophia Sundararajan, John D. Thornton, Jackson T. Wright, Martha Sajatovic

Faculty Scholarship

Background: African American (AA) male survivors of strokes or transient ischemic attacks (TIA) have the highest risk of recurrent stroke when compared to other racial-ethnic men. However, there is a paucity of evidence-based strategies, including organizational, educational, or behavioral interventions, that targets secondary stroke risk reduction in AA men. Methods: Targeted Management for Reducing Stroke Risk (TEAM) is an ongoing, 6-month prospective, randomized controlled trial that will determine whether a curriculum-guided self-management approach, using peer dyads (men who had a stroke or TIA and their care partners) will improve post-stroke care in AA men. Results: The study sample will consist …

The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott

Faculty Scholarship

Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …

Pointing Guns, Joseph Blocher, Samuel W. Buell, Jacob D. Charles, Darrell A. H. Miller

Faculty Scholarship

The American gun debate is increasingly populated with scenes of people pointing and otherwise displaying guns. What is the legal regime governing gun displays, and how well can it address the distinct social and legal problems they pose? In this Essay, we argue that the current structure of criminal law does not supply clear rules of conduct sufficient to avoid the negative effects of gun displays, and that the rhetorical and expressive effects of Second Amendment debates threaten to make the situation worse. We also suggest how the legal rules might be improved, and how battles over norms—as much as …

Regulating Financial Guarantors, Steven L. Schwarcz

Faculty Scholarship

To improve financial regulation, scholars have engaged in extensive research over the past decade to try to understand why systemically important financial firms engage in excessive risk-taking. None of that research fully explains, however, the unusually excessive risk-taking by financial guarantors such as bond insurers, protection sellers under credit-default-swap (CDS) derivatives, credit enhancers in securitization transactions, and even issuers of standby letters of credit. With tens of trillions of dollars of financial guarantees outstanding, the potential for failure is massive. This Article argues that financial guarantor risk-taking is influenced by a previously unrecognized cognitive bias, which it calls “abstraction bias.” …