Digital Commons Network^™

Koab Interviews Joshua Kastenberg About The Impeachment Process (Us Senators Discuss Impartiality During Impeachment Trial), Joshua E. Kastenberg, Patrick Hayes

Faculty Scholarship

UNM law professor Joshua Kastenberg said jurors in the Senate are different than jurors in a traditional courtroom. "Members of the United States Senate have a great deal of immunity while they're working in the scope of their duties," Kastenberg said. "And what I mean by immunity, they're immune from criminal indictments of various natures, immune from civil suits as long as it's within the scope of their duties and so a violation of the oath of office is really going to be addressed by the voters."

Arcing Towards Justice: Dr. King’S 2020 Vision, Sonia Gipson Rankin

Faculty Scholarship

Professor Gipson Rankin discusses the Rev. Dr. Martin Luther King’s journey, the experiences that shaped his worldviews, and how we can use these ideas to create a strong future for everyone. She connects Dr. King’s work to artificial intelligence and equality.

If the media player is not working, go directly to the video on the Sandia National Laboratories Mediasite.

Tracing The Dynamical Mass In Galaxy Disks Using H I Velocity Dispersion And Its Implications For The Dark Matter Distribution In Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We present a method to derive the dynamical mass of face-on galaxy disks using their neutral hydrogen (H i) velocity dispersion (σ H i). We have applied the method to nearby, gas-rich galaxies that have extended H i gas disks and have low inclinations. The galaxy sample includes four large disk galaxies, NGC 628, NGC 6496, NGC 3184, and NGC 4214, and three dwarf galaxies, DDO 46, DDO 63, and DDO 187. We have used archival H i data from The H i Nearby Galaxy Survey (THINGS) and the LITTLE THINGS survey to derive the H i gas distributions and …

Systematic Review Of Technology-Based Interventions Targeting Chronically Ill Adults And Their Caregivers, Elliane Irani, Atsadaporn Niyomyart, Ronald L. Hickman Jr.

Faculty Scholarship

The purpose of this systematic review is to synthesize the study design features as well as the attributes and outcomes of technology-based health interventions targeting chronically ill adults and their family caregivers. Twenty papers representing 19 studies met the inclusion criteria. Various theoretical foundations or approaches guided the interventions in 11 studies. Interventions either aimed to support patient self-management and improve patient outcomes or enhance shared illness management and improve patient and caregiver outcomes. The interventions included educational, behavioral, and support components and were delivered using various technologies ranging from text messaging to using the Internet. Overall, patients and caregivers …

Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis

Faculty Scholarship

No abstract provided.

The Invested In Diabetes Study Protocol: A Cluster Randomized Pragmatic Trial Comparing Standardized And Patient-Driven Diabetes Shared Medical Appointments, Martha Sajatovic

Faculty Scholarship

Background: Shared medical appointments (SMAs) have been shown to be an efficient and effective strategy for providing diabetes self-management education and self-management support. SMA features vary and it is not known which features are most effective for different patients and practice settings. The Invested in Diabetes study tests the comparative effectiveness of SMAs with and without multidisciplinary care teams and patient topic choice for improving patient-centered and clinical outcomes related to diabetes. Methods: This study compares the effectiveness of two SMA approaches using the Targeted Training for Illness Management (TTIM) curriculum. Standardized SMAs are led by a health educator with …

Sense Of Self, Empowerment, And Interpersonal Skills Among African American Teens In East Cleveland, Ohio, Robert L. Fischer

Faculty Scholarship

This study explores the extent to which teen participants in a youth development program had a greater empowerment self-connectedness, intrapersonal, and interpersonal skills after participating in the program. Findings from 2 years of a youth development program in East Cleveland, Ohio, are reported. A collaborative health navigator model was used to increase connectedness, empowerment, improve health care access, and ultimately prevent health disparities. Pre-test and post-test surveys covering two 10-month periods for two cohorts of teens collected standardized data on teens’ (N = 31) senses of empowerment and connectedness. Focus groups were conducted with both health navigators and teen ambassadors …

Making Space For The Adolescent Unconscious: A Case-Based Reflection On Practice, Donna M. San Antonio Dr., Nathan Gorelick

Faculty Scholarship

Community-based psychotherapists and school counsellors work to assist adolescents through sharing resources, building awareness of cognition and behavior, and skill development in communicative competence. However, adolescents, eager to delve deeper into the unknown territory of their being, also present us with speech and acts coming from the unconscious, in the form of metaphors, forgetting, behavioral excesses, mishaps, and physical symptoms. As adolescents search for ways to manage childhood trauma, find meaning and purpose in their lives, and clarify an aspirational direction that makes sense to them, they rarely have opportunities to work at a deeper level. In this article, psychoanalytically …

Persuasive Or Pipe Dream? The Potential Influence Of The Feminist Judgments Project On Future Judical Decision Making, Kathryn Webber

Faculty Scholarship

No abstract provided.

Detecting Corporate Environmental Cheating, Seema Kakade, Matt Haber

Faculty Scholarship

As evidenced by the Volkswagen diesel emissions scandal, corporations cheat on environmental regulations. Such scandals have created a surge in the academic literature in a wide range of areas, including corporate law, administrative law, and deterrence theory. This article furthers that literature by focusing on one particular area of corporate cheating—the ability to learn of the cheating in the first place. Detecting corporate cheating requires significant information about corporate behavior, activity, and output. Indeed, most agencies have broad statutory authority to collect such information from corporations, through targeted records requests, and inspection. However, authority is different from ability. The corporate …

Beyond Settlement: Reconceptualizing Adr As “Conflict Process Strategy”, Deborah Thompson Eisenberg

Faculty Scholarship

“Alternative dispute resolution” or “ADR” has reached a paradoxical moment: it is both ubiquitous in practice and at risk of extinction as a distinct concept and field. As the ADR field nears middle age—nearly fifty years after the Pound Conference of 1976—“ADR” has become so popular in name, fractured in practice, and jumbled in theory that it risks a metaphorical genericide, a concept in trademark law when a product name is used to refer to so many things (incorrectly) that it becomes “generic” and confusing. Analogously, the name “ADR” has been applied to so many different processes and concepts that …

The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders

Faculty Scholarship

No abstract provided.

Dialectics Of The Right To Freedom Of Religion Or Belief, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Race Decriminalization And Criminal Legal System Reform, Michael Pinard

Faculty Scholarship

There is emerging consensus that various components of the criminal legal system have gone too far in capturing and punishing masses of Black men, women, and children. This evolving recognition has helped propel important and pathbreaking criminal legal reforms in recent years, with significant bipartisan support. These reforms have targeted the criminal legal system itself. They strive to address the pain inflicted by the system. However, by concerning themselves solely with the criminal legal system, these reforms do not confront the reality that Black men, women, and children will continue to be devastatingly overrepresented in each stitch of the system. …

Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven

Faculty Scholarship

No abstract provided.

Remedial Payments In Agency Enforcement, Seema Kakade

Faculty Scholarship

During the Obama Administration, the government settled many enforcement cases involving alleged violations of the nation’s federal statutes. The settlements have several requirements, including that the defendants pay money for beneficial projects to mitigate or offset harm directly or indirectly caused by defendant’s actions. For example, the government settled an environmental enforcement case against Volkswagen that included payments for environmental projects, and a mortgage enforcement case against Bank of America that included payments for housing education projects. These payments have spawned renewed criticism amongst conservative groups who have long claimed that payments for projects are mechanisms for agencies to get …

Race, Surveillance, Resistance, Chaz Arnett

Faculty Scholarship

The increasing capability of surveillance technology in the hands of law enforcement is radically changing the power, size, and depth of the surveillance state. More daily activities are being captured and scrutinized, larger quantities of personal and biometric data are being extracted and analyzed, in what is becoming a deeply intensified and pervasive surveillance society. This reality is particularly troubling for Black communities, as they shoulder a disproportionate share of the burden and harm associated with these powerful surveillance measures, at a time when traditional mechanisms for accountability have grown weaker. These harms include the maintenance of legacies of state …

Let’S Be Reasonable: Thoughts On The Fourth Amendment And Constitutional Interpretation, Foreward, Michael R. Dimino

Faculty Scholarship

No abstract provided.

Natural Resources And The Public Estate; Article I, Section 27, John C. Dernbach

Faculty Scholarship

No abstract provided.

The Role Of Trust Law Principles In Defining Public Trust Duties For Natural Resources, John C. Dernbach

Faculty Scholarship

No abstract provided.

Adr: Disputing With A Modern Face, Or Bargaining For The Bargain Impaired?, Robert J. Condlin

Faculty Scholarship

The Alternative Dispute Resolution (ADR) movement might turn out to be one of the most important chapters in the history of the American judicial system. Or, it might not. In its most grandiose form, ADR turns disputing on its head, transferring control over outcome from third-party decision-makers to the disputants themselves, and defining disputing procedure in ad hoc, party-constructed guidelines tailored to the circumstances rather than fixed, generic, and categorical rules applicable uniformly in all situations. In its less grandiose form, ADR simply institutionalizes a system of multi-party bargaining in which third-party neutrals help disputants identify individual interests and find …

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, Joshua E. Kastenberg

Faculty Scholarship

This article is divided into three sections, and it incorporates original research from the personal correspondences of several judges and justices. This article includes unpublished correspondences from various judicial collections at the Library of Congress, the Bentley Historical Library at the University of Michigan, the Washington and Lee School of Law’s special collections, the Richard Nixon and Ronald Reagan Presidential Libraries, the National Library of Australia in Canberra, and Canada’s National Archives in Ottawa. The first section analyzes the current framework governing judicial disqualification based on the separation of powers doctrine as well as the right to an impartial judiciary, …

Civil Rights In Living Color, Vinay Harpalani

Faculty Scholarship

This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …

Women, Democracy, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

This paper explores the status of women’s participation in our democracy, in response to both the commemoration of the Nineteenth Amendment’s centennial and the deep misogyny aimed at women holding formal political power during the current pandemic. The paper explores the connection between constitutional design and the level of women's participation in democratic governance. It suggests that the robust participation of women in our democracy is not only morally right, but that such parity is central to both the legitimacy of the state and its continued existence. The paper begins by describing the state of women’s participation in formal and …

Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu

Faculty Scholarship

No abstract provided.

Correcting The Record: Post-Publication Corrections And The Integrity Of Legal Scholarship, Janet Sinder

Faculty Scholarship

No abstract provided.

Get With The Pronoun, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Affirmative Action As Transitional Justice, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

An Essay On The Quieting Of Products Liability Law, Aaron Twerski

Faculty Scholarship

No abstract provided.