Digital Commons Network^™

Dispute System Design: A Comparative Study Of India, Israel And California, Sheila Purcell

Faculty Scholarship

No abstract provided.

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Federal Arbitration Act Preemption, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

Faculty Scholarship

No abstract provided.

Process Evaluation Of The Basic Training Program At A State Corrections Academy In The Southeast, Wendy Dawn Williams

Theses and Dissertations

This applied dissertation was designed to provide law enforcement and corrections administrators with current information about the components of basic training that can affect the retention of newly employed trainees during basic training. Attracting qualified applicants for law-enforcement jobs is a challenging task, and the preemployment screening and hiring processes are very expensive for agencies already plagued with reduced budgets. By the time a trainee actually makes it to basic training, a great deal of time and money has already been invested by the agency, and the trainee becomes an investment. When more than 20% of trainees exit a basic …

Federal White Collar Sentencing In The United States: A Work In Progress, Daniel C. Richman

Faculty Scholarship

At first blush, it seems odd for an American contributor to an international conference on sentencing to focus on "high end" federal white collar sentencing. After all, federal cases make up a relatively small part of the U.S. criminal justice system. (Between October 2005 and September 2006, about 1,132,290 people were sentenced for a felony in state courts, and 73,009 in federal courts.) Even within the federal system, white collar cases of all sorts are a relatively small part of a criminal docket dominated by immigration, drug, and gun cases, which together comprised nearly 73% of all federal cases in …

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Faculty Scholarship

This chapter identifies the origins of contemporary preventive endeavour in the work of the RAND Corporation in America, which developed highly technical studies of crime prevention based upon systems analysis. It suggests that RAND promoted a decidedly punitive style of prevention based upon policing and punishment that is replicated in modern ‘punitive preventive measures’. It criticizes these measures, emphasizing the perils they pose and the weakness of their empirical foundations. Most worryingly, these measures typically claim an apolitical, neutral emphasis on efficiency that fails to engage with the political values underlying them. In so doing, it tends to displace much …

The Effect Of Perturbation On Interface And Intramuscular Temperatures During An Ice Water Immersion, Andrew Dean Jedlicka

Dissertations and Theses @ UNI

Context: It seems that clinicians build ice water immersions differently, with one protocol factor, perturbation, being different. Perturbation may affect cooling efficacy of the immersion. Objective: Compare the cooling efficacy of 3 different ice water perturbation protocols on interface and muscle temperatures during Tx. Design: Crossover trial. Setting: Laboratory. Patients or Other Participants: Sixteen active volunteers in accordance with university IRB. Interventions: During 2 sessions separated by 48 hours both legs were immersed independently in 38 L cylinder coolers filled to the fibular head. Independent variables will be perturbation [Immersion with no perturbation (ImmNP), Immersion with perturbation every 3 min. …

Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session, Gary S. Becker, Francois Ewald, Bernard E. Harcourt

Faculty Scholarship

In his 1979 lectures at the Collège de France, The Birth of Biopolitics, Michel Foucault discussed and analyzed Gary Becker’s economic theory of crime and punishment, originally published in The Journal of Political Economy in 1968 under the title “Crime and Punishment: An Economic Approach.” In this historic, second encounter at the University of Chicago, Gary Becker responds to Foucault’s lectures and possible critical readings of his writings on crime and punishment, in conversation with Professors François Ewald (who was, at the time in 1979, Foucault’s assistant at the Collège and one of Foucault’s closest interlocutors) and Bernard Harcourt (a …

Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …

The Perils Of Social Reading, Neil M. Richards

Scholarship@WashULaw

Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.

This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …

Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski

Scholarship@WashULaw

This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court dataset of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also on how lawsuits are classified and the strategies that plaintiffs and their attorneys employ when commencing litigation. This approach permits us to …

Economic Theory Lost In Translation: Will Behavioral Economics Reshape The Compelled Commercial Speech Doctrine, Kyle Rozema

Scholarship@WashULaw

This Article consolidates the economic and legal theory needed to properly analyze the impact of salience measures on the commercial speech doctrine. By walking through various First Amendment scenarios, this Article describes and differentiates between the two main governmental interests motivating graphic image requirements on cigarette labels: reducing smoking and informing consumers. The Article then sets up a game-theoretic model of the compelled commercial speech doctrine and uses Bayesian inference to make assumptions about how the Supreme Court would rule if it eventually rules on similar graphic images placed on cigarette labels. Solving the model by way of forward induction …

Mapping The Future Of Insider Trading Law: Of Boundaries, Gaps, And Strategies, John C. Coffee Jr.

Faculty Scholarship

The current law on insider trading is remarkably unrationalized because it contains gaps and loopholes the size of the Washington Square Arch. For example, if a thief breaks into your office, opens your files, learns material nonpublic information, and trades on that information, he has not breached a fiduciary duty and is presumably exempt from insider trading liability. But drawing a line that can convict only the fiduciary and not the thief seems morally incoherent. Nor is it doctrinally necessary.

The basic methodology handed down by the Supreme Court in SEC v. Dirks and United States v. O'Hagan dictates (i) …

The Republic Of Choosing: A Behaviorist Goes To Washington, William H. Simon

Faculty Scholarship

Cass Sunstein’s book Simpler recounts the author’s efforts during his tenure in the first Obama administration to apply the policy tools he helped derive from behavioral economics. In this review, I suggest that, while Sunstein reports some notable achievements, he exaggerates the utility of the behaviorist toolkit. Behaviorist-inspired interventions are marginal to most of the largest policy problems, and they played little role in the Obama administration’s most important initiatives. The book also reflects a misguided political strategy.

Courts Rulings Accept Climate Science, Michael Gerrard

Faculty Scholarship

Viewers of certain television networks, readers of certain newspapers, and anyone visiting Capitol Hill would come away with the impression that there are serious questions about whether climate change is occurring and, if it is, whether it is mostly caused by human activity. One place where there are few such questions is the courts. In fact it appears that (with one lone exception in a dissent) not a single U.S. judge has expressed any skepticism, in a written opinion or dissent, about the science underlying the concern over climate change. To the contrary, the courts have uniformly upheld this science, …

Throwing The Red Flag: Challenging The Nfl's Lessons For American Business, Heather M. Field

Faculty Scholarship

No abstract provided.

Care Transition Coach, Marlene Seidel Butz

Patient Care Services / Nursing

No abstract provided.

Effectively Translating Venous Thromboembolism (Vte) Evidence: Effort To "Stop That Clot!", Kristina Holleran Bsn, Rn, Debra Peter Msn, Rn-Bc

Patient Care Services / Nursing

No abstract provided.

Operating Room Holds: How One Pacu Worked Collaboratively To Solve The Problem (Poster), Jodi Koch Bsn, Rn, Kathleen Duckworth Rn, Cpan

Patient Care Services / Nursing

No abstract provided.

Interruptions During Medication Administration In The Emergency Department, Judith Baker Rn, Julie Albertson, Sandra Sabbatini Bsn, Rn

Patient Care Services / Nursing

No abstract provided.

Spring Into Step: A Staff-Driven Mobility Initiative, Christine R. Yatsko Msn, Rn, Cmsrn, Amy Keesler Rn

Patient Care Services / Nursing

No abstract provided.

Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy

Faculty Scholarship

No abstract provided.

Psychiatric Nursing Care For Patients With Cardiac Disease, Gail Stern Msn, Donna Petruccelli Msn, Crnp, Np-C, Jeanne Manavizadeh Bsn, Rn, Pccn

Patient Care Services / Nursing

No abstract provided.

Initial Results Tracking Patient Satisfaction In An Oncology Navigation Program, Dorothy Morrone Rnc, Ms, Ocn, Diane Mchugh Bsn, Ocn, Cbpn-Ic, Laura Beaupre Bsn, Ocn, Cbpn-Ic, Kathy Sevedge Rn, Ma, Aocn, Jane Zubia Rn, Ocn, Cbpn I-C, Raizalie Roman-Rosado Bsn, Ocn, Cmsrn, Martiza Y. Chicas Rn, Pccn

Patient Care Services / Nursing

No abstract provided.

The Right Forum, The Right Issue: Initiatives And Family Values, Matt Coles

Faculty Scholarship

No abstract provided.

Adaptive Support Ventilation Reduces The Number Of Ventilator Changes From Initiation To Liberation, Bryn S. Pencil Bs, Rrt-Accs, Kenneth Miller Med, Rrt-Nps, Courtney Edwards Md

Patient Care Services / Nursing

No abstract provided.

The Inconsistency Of Providing Ventilation With A T-Piece Style Resuscitator: A Bench Model Study, Robin L. Angus Bs, Rrt-Nps, Kenneth Miller Med, Rrt-Nps, Chris Fenstermaker Ms, Rrt-Nps

Patient Care Services / Nursing

No abstract provided.

The Role Of Dispositional Optimism On Agency When Parenting A Child With Autism Spectrum Disorders, Lina Maria Moyano

Theses and Dissertations

Parenting children with autism can be challenging obviously; still, active involvement of the parents is considered vital in the development of the child. The term parental agency refers to adopting a proactive role and engaging in numerous activities to promote the child’s development. Little research has been conducted to analyze factors that could predict agency.

Dispositional optimism, which refers to expecting good things in life regardless of particular situations, has not been extensively studied in parents of children with autism. Nevertheless, the few studies conducted on the topic show it to be a desirable trait. Therefore, it is an important …

The Failed Promise Of Language Rights: A Critique Of The International Language Rights Regime, Moria Paz

Faculty Scholarship

Major international legal instruments commit international law to protect language rights absolutely, irrespective of counter-pressures toward linguistic uniformity. This unconditional commitment to language rights is echoed in the writings of prominent human rights scholars, who argue that language is a constitutive element of cultural identity. This article contrasts the ideals of language rights with the actual record of their enforcement. It presents a detailed analysis of the 133 cases that have come before the European Court of Human Rights, the U.N. Human Rights Committee, and the Inter-American Court of Human Rights dealing with language issues as they arise in (i) …

Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie

Articles

No abstract provided.