Digital Commons Network^™

Social Virtual Reality: Neurodivergence And Inclusivity In The Metaverse, James Hutson

Faculty Scholarship

Whereas traditional teaching environments encourage lively and engaged interaction and reward extrovert qualities, introverts, and others with symptoms that make social engagement difficult, such as autism spectrum disorder (ASD), are often disadvantaged. This population is often more engaged in quieter, low-key learning environments and often does not speak up and answer questions in traditional lecture-style classes. These individuals are often passed over in school and later in their careers for not speaking up and are assumed to not be as competent as their gregarious and outgoing colleagues. With the rise of the metaverse and democratization of virtual reality (VR) technology, …

Defense Counsel's Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts

Faculty Scholarship

No abstract provided.

Golden Shares And Social Enterprise, Naveen Thomas

Faculty Scholarship

No abstract provided.

Poor Writing, Not Specialized Concepts, Drives Processing Difficulty In Legal Language, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Despite their ever-increasing presence in everyday life, contracts remain notoriously inaccessible to laypeople. Why? Here, a corpus analysis (n ≈10 million words) revealed that contracts contain startlingly high proportions of certain difficult-to-process features–including low-frequency jargon, center-embedded clauses (leading to long-distance syntactic dependencies), passive voice structures, and non-standard capitalization–relative to nine other baseline genres of written and spoken English. Two experiments (N=184) further revealed that excerpts containing these features were recalled and comprehended at lower rates than excerpts without these features, even for experienced readers, and that center-embedded clauses inhibited recall more-so than other features. These findings (a) undermine …

Examining How Congruence In And Satisfaction With Dyadic Care Type Appraisal Contribute To Quality Of Life In Heart Failure Care Dyads, Elliane Irani, Seunghee Margevicius

Faculty Scholarship

AIMS: Given the complexity of heart failure (HF) management, persons with HF and their informal caregivers often engage in dyadic illness management. It is unknown how congruent appraisal of dyadic HF care type is associated with dyadic health. Our aim was to examine how congruence in and satisfaction with appraisal of dyadic HF care type contribute to quality of life (QOL) for dyads. METHODS AND RESULTS: This is a secondary analysis of cross-sectional data on 275 HF care dyads (patients 45.1% female, caregivers 70.5% female). Congruent appraisal and satisfaction were assessed using the Dyadic Symptom Management Type instrument. Quality of …

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Faculty Scholarship

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District …

Taking Courthouse Discrimination Seriously: The Role Of Judges As Ethical Leaders, Susan Saab Fortney

Faculty Scholarship

Sexual misconduct allegations against Alex Kozinski, a once powerful judge in the U.S. Court of Appeals for the 9^th Circuit, spotlighted concerns related to sexual harassment in the judiciary. Following news reports related to the alleged misconduct, Chief Justice John G. Roberts, Jr. charged a working group with examining safeguards to deal with inappropriate conduct in the judicial workplace. Based on recommendations made in the Report of the Federal Judiciary Workplace Conduct Working Group, the Judicial Conference approved a number of reforms and improvements related to workplace conduct in the federal judiciary. The reforms included revising the Code of …

The “End” Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli

Faculty Scholarship

This essay has observed that, when times are tumultuous, third parties who intend to be neutral may need some mooring beyond the norms that are shifting. It argues that neutrality is an unsatisfying value in such times and suggests that neutrals look to the deeper values of their field. It proposes human dignity as a good place to begin, and it invites others to explore whether an initial commitment to the inherent worth of every person would make a helpful difference in practice.

Making The Case For The Accelerated Withdrawal Of Aducanumab, Peter J. Whitehouse

Faculty Scholarship

U.S. Food and Drug Administration-s (FDA) approval of aducanumab (Aduhelm® in the US) as a treatment for mild cognitive impairment of the Alzheimer type and Alzheimer-s disease has raised such major concerns about efficacy, safety, FDA processes, and regulatory capture that Biogen-s license to market this biologic should be immediately withdrawn. Aducanumab has not demonstrated benefit to patients, failed to meet regulatory guidelines, and is likely to cause both individual and societal harm.

The Longitudinal Relationship Between Broken Windows And Sexual Behaviors Among African American Girls In Juvenile Detention: The Moderating Effects Of Sexual Sensation Seeking And Parental Monitoring, Dexter R. Voisin

Faculty Scholarship

Objective: Broken windows theory has been applied in public health to understand how neighborhood disadvantage contributes to health risk and disparities. This longitudinal study examined the relationship between a broken windows index (i.e., a proxy for neighborhood disadvantage) and sexual behaviors and whether sexual sensation-seeking behaviors and parental monitoring moderated that relationship. Method: Participants were 188 African American adolescent girls incarcerated in a short-term detention facility in Atlanta, GA. Participants completed audio computer-assisted self-interviews at baseline, 3, and 6 months; interviews assessed neighborhood disadvantage, sexual risk behaviors, sexual sensation seeking, parental monitoring, and demographics. Results: Longitudinal findings indicate that the …

Shifting Burdens At The Fringe, Vijay Raghavan

Faculty Scholarship

No abstract provided.

The Potentials And Challenges Of Zoom Live Theatre During Coronavirus Lockdown: Pandemic Therapy And Corona Chicken (Part Two), Khaled Mostafa Karam

Faculty Scholarship

This study discusses the potentials and challenges of Zoom theatre performances during the lockdown caused by the Covid-19 pandemic. It examines the utilization and applicability of videoconferencing software Zoom, and other streaming software compatible with it, in creating a viable performance option for theatre practitioners and audiences during mandatory social distancing. Such software can be a strategy for social inclusion, alleviating the adverse effects of extended quarantine. The article also discusses the technical and performative aspects of Zoom theatre, pointing out its pros and cons. It uses a critical and analytical approach to performances of two Zoom plays, Pandemic Therapy …

Consumer Law As An Axis Of Economic Inequality, Daniel Markovits, Barak D. Richman, Rory Van Loo

Faculty Scholarship

In the standard paradigm of consumer law, a voluntary transaction is supposed to be welfare enhancing for each of the parties involved. We challenge this foundational presumption and ask to what extent many common consumer contracts are in fact extractive despite resulting from voluntary exchanges. With inequality growing throughout the world, to a degree that threatens the stability of both the economies and governments of even the wealthiest nations, we ask this fundamental question in an effort to identify root causes of inequality and to mark some guideposts for the articles that follow. Taken together, our speculations suggest that the …

A Mixed-Methods, Cross-Sectional Study Of Perceived Stigma Among Ugandans With Epilepsy, Carol Blixen, Martha Sajatovic

Faculty Scholarship

Background: Epilepsy is associated with stigma and negatively impacts the lives of people living with epilepsy (PLWE) and their immediate families. More understanding of the stigma and discrimination experienced by PLWE in sub-Saharan Africa is needed. Methods: In a cross-sectional, mixed methods study, forty- eight PLWE who met the study inclusion criteria were enrolled. In depth interviews and focus group discussions were conducted and were audiotaped and transcribed verbatim. Analysis was conducted using a thematic, constant comparative approach with an emphasis on dominant themes. Perceived stigma was measured using the Kilifi epilepsy stigma score. Associations between socio-demographic factors and Kilifi …

Developing Your Personal Leadership Philosophy, Rebecca B. French

Faculty Scholarship

Do you know who you are as a leader? Self-awareness has been described as the "most important capability for leaders to develop" (George et al., 2007), and research shows that it is positively correlated with leadership effectiveness and team performance (Carden et al., 2021). Developing a personal leadership philosophy that describes your unique strengths, beliefs, and behaviors as a leader can help you achieve clarity, consistency, and confidence in your role. In this presentation, you will discover how having a personal leadership philosophy can help you get clear on how you want to show up as a leader, focus on …

The Effect Of Objectively Collected Medication Adherence Information On Bipolar I And Major Depressive Disorder Treatment Decisions: A Randomized Case Vignette Study Of Psychiatric Clinicians, Martha Sajatovic

Faculty Scholarship

Background: Adherence to antipsychotic medications is critical for treatment and relapse prevention in serious mental illness. Accurate assessment of medication adherence can be difficult, clinicians frequently overestimate patient adherence, and new accurate methods assessing medication adherence are needed. This study estimated the influence of antipsychotic medication adherence information on clinician treatment decisions among patients with bipolar I (BD) and major depressive (MDD) disorders. Methods: This study was a cross-sectional, random assignment survey of psychiatric clinicians who prescribe medication for the treatment of BD and/or MDD. Clinicians (N = 180) were recruited using national association lists and were presented with either …

Regulatory Aspects Of Mild Cognitive Impairment: Toward A Harmonized Perspective, Peter J. Whitehouse

Faculty Scholarship

The development of the concept of mild cognitive impairment (MCI) and its practical application have been intimately tied to attempts to produce therapeutic agents. Understanding the regulatory environment and determining the way in which it can be influenced are critical to the development of drugs and their eventual approval. In this article, we review some of the current challenges surrounding the concept of MCI relevant to drug development, summarize activities in various regions of the world, and conclude with some suggested next steps and an alternative framing for approving drugs for MCI and related conditions.

The Eschatological Hope Scale: Construct Development And Measurement Of Theistic Eschatological Hope, Charlotte Witvliet, M. Elizabeth Lewis Hall, Julie J. Exline, David C. Wang, Lindsey M. Root Luna, Daryl R. Van Tongeren, David G. Meyers, Alexis D. Abernethy, John D. Witvliet

Faculty Scholarship

This study aimed to expand psychological research on hope by contributing a construct and scale to measure central dimensions of theistic eschatological hope derived from Christian scriptures. Eschatological hope was conceptualized as the anticipation that God will make all things new, raising people to everlasting life with God in joyful celebration, including people from every culture and nation, ending all personal pain and suffering, eliminating all societal evil and harm, and bringing reconciliation and healing to all of creation. We developed the Eschatological Hope Scale with three studies (N = 1,466). Exploratory and confirmatory factor analyses supported the single-factor structure …

The Dignitary Confrontation Clause, Erin L. Sheley

Faculty Scholarship

For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …

Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold

Faculty Scholarship

Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of "Backlash Bills" designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …

A Book Club With No Books: Using Podcasts Movies, And Documentaries To Increase Transfer Of Learning, Incorporate Social Justice Themes, Create Community, And Bolster Traditional And Character-Based Legal Skills During A Pandemic, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

In the fall of 2020, students entered law school under extreme circumstances. The COVID-19 pandemic led to isolation, depression, and restrictions on activities. A new hybrid learning environment was created. Social upheaval also caused unease. The 2020 national elections loomed, bringing divisive political discourse. The murder of George Floyd and other BIPOC, at the hands of police, led to a reckoning around the country. Additionally, with the COVID-19 pandemic came a rash of anti-Asian violence.

Faced with these unprecedented realities, we, as legal educators, struggled with how to adapt our curriculum to this new normal. These realities forced us to …

If You Draw It, Students Learn It: An Approach To Teaching Contracts And Other Doctrinal Courses, Paul Figueroa

Faculty Scholarship

Spring 2019 was my first semester as a tenure-stream law professor. That semester I taught Legal Remedies and Contracts II—two subjects that overlap in their coverage of contract damages. I felt very comfortable teaching contracts, given my nearly twenty years of experience on contractual matters in both the private and public sectors. My first few classes went well, which validated my initial confidence. However, my optimism about the semester evaporated when I attempted to teach the parol evidence rule (“PER”).1 It was a Monday, and before starting my Contracts II class I asked the students, “How was the weekend?” followed …

Jurisdictional Elements And The Jury, G. Alexander Nunn

Faculty Scholarship

Do jurisdictional elements in criminal statutes actually matter? Of course, formally, the answer is obvious; jurisdictional elements are of paramount importance. In fact, they often serve as the entire justifying basis for a federal (rather than state) criminal prosecution. But beyond mere technicalities, do jurisdictional elements actually make a difference in a jury deliberation room?

In pursuit of an answer, this Article undertakes a novel empirical study designed to assess the antecedent issue of how laypeople weigh jurisdictional elements when determining guilt. The project’s experiment ultimately finds that when one increases the amount of evidence demonstrating a defendant’s substantive guilt, …

No Hiding From Justice: Universal Jurisdiction In Domestic Courts, Heidi R. Gilchrist

Faculty Scholarship

No abstract provided.

Reconceiving Coercion-Based Criminal Defenses, Stephen R. Galoob, Erin L. Sheley

Faculty Scholarship

Coercing someone is sometimes wrong and sometimes a crime. People subject to coercion are sometimes eligible for criminal defenses, such as duress. How, exactly, does coercion operate in such contexts? Among legal scholars, the predominant understanding of coercion is the “wrongful pressure” model, which states that coercion exists when the coercer wrongfully threatens the target and, as a result of this threat, the target is pressured to act in accordance with the coercer’s threat. Some tokens of coercion do not fit neatly within existing legal categories or the wrongful pressure model of coercion. For example, coercive control is a psychological …

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia Gipson Rankin

Faculty Scholarship

This article fills a critical gap in the family law literature by arguing that teaching doctrinal family law in conjunction with the application of established learning theory and pedagogy yields a deeper engagement with the subject matter and leads to more practice-ready lawyers. ABA Standards 301, 303, and 304 do not clearly articulate the distinction between experiential education and experiential learning; doctrinal law classrooms are often bereft of experiential learning activities. By incorporating active learning and inclusive pedagogy in the doctrinal classroom and following recommendations from the MacCrate Report and Family Law Education Reform Project, students will be better prepared …

Llegaron Los Federales: The Federal Government’S Prosecution Of Local Criminal Activity In Puerto Rico, Emmanuel Hiram Arnaud

Faculty Scholarship

In the midst of a debilitating humanitarian crisis in Puerto Rico and high-profile litigation concerning other U.S. territories, scholars, political leaders, and activists have elevated conversations of constitutionally sanctioned inequality into the public spotlight. With respect to Puerto Rico, these conversations focus on its current economic morass and relation to the debate over decolonization. Absent from these important discussions is the role that federal criminal law plays in manifesting Congress’ continued plenary power over U.S. territories. This Article breaks from that pattern and highlights an ignored part of federal criminal jurisprudence: the federal prosecution of local criminal activity in Puerto …

Creating Tomorrow’S Change-Makers: Using Alternative Media In The 1l Skills Classroom To Connect Students With Real Practice And Enhance Established Methods For Teaching Appellate Advocacy, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

Fostering that idea of lawyers as change-makers can be difficult in the typical 1L curriculum. The traditional, doctrinal law school classroom typically has a formula comprised of extensive textbook reading, the Socratic classroom, in which that reading is processed in a large group, and, finally, a cumulative, high-stakes exam at the end of the semester.⁶ That formula has largely not changed for decades.⁷ The lawyering skills classroom is often the only outlier from that formula for first-year law students.⁸ Even so, the skills classroom can be formulaic in its own right—introduction of an assignment, classroom instruction regarding …

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short

Faculty Scholarship

Law schools across the country are beginning to address the growing need to incorporate leadership training into their curricula; however, very few explicitly cover leadership in the 1L year. This article argues for the value of providing leadership training to 1Ls as part of a required course on professional identity formation. Because foundational leadership concepts overlap in meaningful ways with core lawyering competencies, such integration is both practical and efficient. Beginning leadership in the 1L year allows law schools to build on that foundational material in later clinics, externships, upper-level classes, and other experiences, creating deeper leadership skills in their …