Digital Commons Network^™

'Love Is Just A Four-Letter Word': Sexuality, International Human Rights, And Therapeutic Jurisprudence, Michael L. Perlin, Alison Lynch

Articles & Chapters

One of the most controversial social policy issues that remains dramatically underdiscussed in scholarly literature is the sexual autonomy of persons with psychosocial and intellectual disabilities, especially those who are institutionalized. This population – always marginalized and stigmatized – has traditionally faced a double set of conflicting prejudices: on one hand, people with disabilities are infantilized (as not being capable of having the same range of sexual desires, needs and expectations as persons without disabilities), and on the other, this population is demonized (as being hypersexual, unable to control base or primitive urges). Although attitudes about the abilities and capabilities …

Forensic Psychiatry And The Law: Litigation, Advocacy, Scholarship And Teaching, Michael L. Perlin

Articles & Chapters

No abstract provided.

There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin

Articles & Chapters

In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,” I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by …

You Might Have Drugs At Your Command: Reconsidering The Forced Drugging Of Incompetent Pre-Trial Detainnes From The Perspectives Of International Human Rights And Income Inequality, Michael L. Perlin, Meredith Schriver

Articles & Chapters

Ever since the Supreme Court's 2003 decision in Sell v. United States, 539 U.S. 166 (2003), there has been a cottage industry of commentary on the question of whether the state can medicate an incompetent defendant for the purpose of making him or her competent to stand trial. Moreover, there have been multiple cases interpreting Sell broadly and narrowly, both in the context of medication issues and in the context of other treatments. Because of the vagueness of certain terminology, questions such as what a "serious" crime is, what "substantially" meant to the Court in Sell, and how the least …

Privacy As Trust: Sharing Personal Information In A Networked World, Ari Ezra Waldman

Articles & Chapters

This Article is the first in a series on the legal and sociological aspects of privacy, arguing that private contexts are defined by relationships of trust among individuals. The argument reorients privacy scholarship from an individual right to social relationships of disclosure. This has implications for a wide variety of vexing problems of modern privacy law, from limited disclosures to “revenge porn.”

The common everyday understanding is that privacy is about choice, autonomy, and individual freedom. It encompasses the individual’s right to determine what he will keep hidden and what, how, and when he will disclose to the public. Privacy …

I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin

Articles & Chapters

The adoption by the American Psychiatric Association of DSM-5 significantly changes (and in material ways, expands) the definition of post-traumatic stress disorder (PTSD), a change that raises multiple questions that need to be considered carefully by lawyers, mental health professionals, advocates and policy makers.

My thesis is that the expansion of the PTSD criteria in DSM-5 has the potential to make significant changes in legal practice in all aspects of criminal procedure, but none more so than in criminal sentencing. I believe that if courts treat DSM 5 with the same deference with which they have treated earlier versions of …

How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch

Articles & Chapters

Therapeutic jurisprudence (TJ) asks us to look at law as it actually impacts people’s lives and focuses on the law’s influence on emotional life and psychological well-being. It suggests that law should value psychological health, should strive to avoid imposing anti-therapeutic consequences whenever possible, and — when consistent with other values served by law — should attempt to bring about healing and wellness. The ultimate aim of TJ is to determine whether legal rules and procedures or lawyer roles can or should be reshaped to enhance their therapeutic potential while not subordinating due process principles. An inquiry into therapeutic outcomes …

Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman

Articles & Chapters

Can teaching students in doctrinal courses, using traditional case-oriented materials, convey some of the skills lawyers need to practice law effectively? While the recent interest in and debate over training practice-ready lawyers makes this a timely question, my thinking about this harks back to the mid-1990s, when Harry Wellington, then dean of New York Law School, suggested that faculty members consider teaching law from the lawyer’s perspective rather than from the perspective of either the judge or the legal scholar.

In traditional doctrinal courses in law school, like my own in family law, coverage is broad and time is short. …

Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Articles & Chapters

No abstract provided.

Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews

Articles & Chapters

This is a transcription of the tenth anniversary celebration of the Saltman Center for Conflict Resolution at the William S. Boyd School of Law, University of Nevada, Las Vegas. The event was held in honor of NelsonMandela, and included a panel discussion about his contributions to the dispute resolution field.

Panelists included Dean Penelope Andrews of the University of Cape Town Faculty of Law, Prof. Carrie Menkel-Meadow of the U.C. Irvine School of Law, Prof. Robert Mnookin of Harvard Law School, and Judge Richard Goldstone, a former member of the Constitutional Court of South Africa.

An introduction was made by …

Amplifying Abuse: The Fusion Of Cyberharassment And Discrimination, Ari Ezra Waldman

Articles & Chapters

Cyberharassment devastates its victims. Anxiety, panic attacks, and fear are common effects; post-traumatic stress disorder, anorexia and bulimia, and clinical depression are common diagnoses. Targets of online hate and abuse have gone into hiding, changed schools, and quit jobs to prevent further abuse. Some lives are devastated in adolescence and are never able to recover. Some lives come to tragic, premature ends. Danielle Keats Citron not only teases out these effects in her masterful work, Hate Crimes in Cyberspace; she also makes the profound conclusion that these personal effects are part of a larger social cancer that breeds sexism, subjugation, …

Dissociable Roles Of Dopamine And Serotonin Transporter Function In A Rat Model Of Negative Urgency, Justin R. Yates, Mahesh Darna, Cassandra D. Gipson, Linda P. Dwoskin, Michael T. Bardo

Psychology Faculty Publications

Negative urgency is a facet of impulsivity that reflects mood-based rash action and is associated with various maladaptive behaviors in humans. However, the underlying neural mechanisms of negative urgency are not fully understood. Several brain regions within the mesocorticolimbic pathway, as well as the neurotransmitters dopamine (DA) and serotonin (5-HT), have been implicated in impulsivity. Extracellular DA and 5-HT concentrations are regulated by DA transporters (DAT) and 5-HT transporters (SERT); thus, these transporters may be important molecular mechanisms underlying individual differences in negative urgency. The current study employed a reward omission task to model negative urgency in rats. During reward …

Gabapentin Alleviates Affective Pain After Traumatic Nerve Injury, Ryan B. Griggs, Michael T. Bardo, Bradley K. Taylor

Psychology Faculty Publications

Gabapentin reduces behavioral signs of stimulus-evoked allodynia and hyperalgesia in preclinical studies of traumatic nerve injury, but its effects on more clinically relevant measures of stimulus-independent pain are unclear. To address this gap, we determined whether gabapentin would relieve affective pain after spared nerve injury (SNI). Twelve days after sham or SNI surgery, we administered gabapentin over three consecutive conditioning days and then evaluated conditioned place preference. Gabapentin produced conditioned place preference and reversed mechanical hypersensitivity in SNI but not sham rats at a dose (100 mg/kg) that did not change open-field activity. These results show for the first time …

Pharmacological Manipulation Of Glucocorticoid Receptors Differentially Affects Cocaine Self-Administration In Environmentally Enriched And Isolated Rats, Rebecca S. Hofford, Mark A. Prendergast, Michael T. Bardo

Psychology Faculty Publications

Social isolation rearing (isolated condition, IC) is used as a model of early life stress in rodents. Rats raised in this condition are often compared to rats raised in an environmentally enriched condition (EC). However, EC rats are repeatedly exposed to forced novelty, another classic stressor in rodents. These studies explored the relationship between cocaine self-administration and glucocorticoid receptor (GR) activation and measured total levels of GR protein in reward-related brain regions (medial prefrontal cortex, orbitofrontal cortex, nucleus accumbens, amygdala) in rats chronically exposed to these conditions. For Experiment 1, rats were housed in EC or IC and were then …

R-Bpidi, An Α6Β2* Nicotinic Receptor Antagonist, Decreases Nicotine-Evoked Dopamine Release And Nicotine Reinforcement, Joshua S. Beckmann, Andrew C. Meyer, Marharyta Pivavarchyk, David B. Horton, Guangrong Zheng, Andrew M. Smith, Thomas E. Wooters, J. Michael Mcintosh, Peter A. Crooks, Michael T. Bardo, Linda P. Dwoskin

Psychology Faculty Publications

α6β2* nicotinic acetylcholine receptors (nAChRs) expressed by dopaminergic neurons mediate nicotine-evoked dopamine (DA) release and nicotine reinforcement. α6β2* antagonists inhibit these effects of nicotine, such that α6β2* receptors serve as therapeutic targets for nicotine addiction. The present research assessed the neuropharmacology of 1,10-bis(3-methyl-5,6-dihydropyridin-1(2H)-yl)decane (r-bPiDI), a novel small-molecule, tertiary amino analog of its parent compound, N,N-decane-1,10-diyl-bis-3-picolinium diiodide (bPiDI). bPiDI was previously shown to inhibit both nicotine-evoked DA release and the reinforcing effects of nicotine. In the current study, r-bPiDI inhibition of [³H]nicotine and [³H]methyllycaconitine binding sites was evaluated to assess interaction with the recognition binding sites on …

Role Of Ionotropic Glutamate Receptors In Delay And Probability Discounting In The Rat, Justin R. Yates, Seth R. Batten, Michael T. Bardo, Joshua S. Beckmann

Psychology Faculty Publications

Rationale Discounting of delayed and probabilistic reinforcement is linked to increased drug use and pathological gambling. Understanding the neurobiology of discounting is important for designing treatments for these disorders. Glutamate is considered to be involved in addiction-like behaviors; however, the role of ionotropic glutamate receptors (iGluRs) in discounting remains unclear.

Objectives The current study examined the effects of N-methyl-D-aspartate (NMDA) and α-amino-3-hydroxy-5-methyl-4-isoxazolepropionic acid (AMPA) glutamate receptor blockade on performance in delay and probability discounting tasks.

Methods Following training in either delay or probability discounting, rats (n=12, each task) received pretreatments of the NMDA receptor antagonists MK-801 (0, 0.01, 0.03, 0.1, …

A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson

Faculty Articles

Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (court- house costs, alternative prosecution, and incarceration). I conclude that deportation immediately following a conviction for an immigration crime appears to capture the key benefit of this system (signaling/expression) while alleviating its greatest expense (incarceration).

Vast Hordes...Crowding In Upon Us: The Executive Branch's Response To Mass Migration And The Legacy Of Chae Chan Ping, Kit Johnson

Faculty Articles

In this essay, we consider how Chae Chan Ping v. United States influences the Executive Branch’s policy response to mass migration, even today. The fear of mass migration reflected in the opinion, and the Court’s articulation that our government must protect its citizenry from “vast hordes...crowding in upon us,” is a message that still resonates. When it comes to policy, the Chinese Exclusion case is more modern than one might expect. In fact, we see the fingerprints of Chae Chan Ping in the Obama Administration’s current practice regarding the detention and processing of family migrants from Central America, and in …

A No-Fault Remedy For Legal Malpractice?, Melissa Mortazavi

Faculty Articles

No abstract provided.

Study Protocol: Identifying And Delivering Point-Of-Care Information To Improve Care Coordination, Sylvia J. Hysong, Xinxuan Che, Sallie J. Weaver, Laura A. Petersen

Psychology Faculty Publications

The need for deliberately coordinated care is noted by many national-level organizations. The Department of Veterans Affairs (VA) recently transitioned primary care clinics nationwide into Patient Aligned Care Teams (PACTs) to provide more accessible, coordinated, comprehensive, and patient-centered care. To better serve this purpose, PACTs must be able to successfully sequence and route interdependent tasks to appropriate team members while also maintaining collective situational awareness (coordination). Although conceptual frameworks of care coordination exist, few explicitly articulate core behavioral markers of coordination or the related information needs of team members attempting to synchronize complex care processes across time for a shared …

Research-Based Implementation Of Peer Instruction: A Literature Review, Trisha Vickrey, Kaitlyn Rosploch, Reihaneh Rahmanian, Matthew Pilarz, Marilyne Stains

Department of Chemistry: Faculty Publications

Current instructional reforms in undergraduate science, technology, engineering, and mathematics (STEM) courses have focused on enhancing adoption of evidence-based instructional practices among STEM faculty members. These practices have been empirically demonstrated to enhance student learning and attitudes. However, research indicates that instructors often adapt rather than adopt practices, unknowingly compromising their effectiveness. Thus, there is a need to raise awareness of the research-based implementation of these practices, develop fidelity of implementation protocols to understand adaptations being made, and ultimately characterize the true impact of reform efforts based on these practices. Peer instruction (PI) is an example of an evidence-based instructional …

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …

The Recruitment Paradox: Network Recruitment, Structural Position, And East German Market Transition, Richard A. Benton, Steve Mcdonald, Anna Manzoni, David F. Warner

Department of Sociology: Faculty Publications

Economic institutions structure links between labor-market informality and social stratification. The present study explores how periods of institutional change and post-socialist market transition alter network-based job finding, in particular informal recruitment. We highlight how market transitions affect both the prevalence and distribution of network-based recruitment channels: open-market environments reduce informal recruitment’s prevalence but increase its association with high wages. We test these propositions using the case of the former East Germany’s market transition and a comparison with West Germany’s more stable institutional environment. Following transition, workers in lower tiers increasingly turned toward formal intermediaries, active employee search, and socially “disembedded” …

Tiers 2 & 3 Intervention: Individual Behavior Plans & Functional Assessment, Scott Fluke, Reece L. Peterson

Department of Special Education and Communication Disorders: Faculty Publications

Conclusion

Individual behavior plans are intensive interventions designed to decrease the problem behavior of an individual student. Accordingly, individual behavior plans should be reserved for students who exhibit challenging behavior that is resistant to less intensive intervention efforts. When implemented correctly (i.e., when informed by functional behavior assessments, data-based decision making, and supervised by a problem-solving team with members trained in behavioral support), individual behavior plans have been shown to reduce problem behaviors and increase pro-social behaviors in a variety of populations, including students in special education. Functional behavior assessments and individual behavior plans should therefore be considered as evidence-based …

Prevalence And Correlates Of Physical Dating Violence Among North American Indigenous Adolescents, Dane Hautala, Kelley J. Sittner Hartshorn, Brian E. Armenta, Les B. Whitbeck

Department of Sociology: Faculty Publications

This study examined the lifetime prevalence of physical dating violence, including victimization, perpetration, and the overlap between the two (mutual violence), among a population sample of 551 reservation/reserve residing Indigenous (i.e., American Indian and Canadian First Nations) adolescents in the upper-Midwest of the United States and Canada. Potential correlates of four dating violence profiles (i.e., no dating violence, perpetration only, victimization only, and mutual violence) relevant to this population also were considered. The clearest pattern to emerge from multinomial logistic regression analyses suggested that adolescents who engage in problem behaviors, exhibit high levels of anger, and perceive high levels of …

The Influence Of High School Activity Portfolios On Risky Behaviors In Emerging Adulthood, Lisa A. Kort-Butler, David D. Martin

Department of Sociology: Faculty Publications

Extracurricular participation in adolescence is often linked to the development of a prosocial identity and social relationships. Through these social psychological mechanisms, participation is thought to prevent risky behavior in adolescence and into emerging adulthood. This study examined the relationship between high school activity portfolios and risky behaviors (i.e. binge drinking, drug use, and law violation) among a college sample. Five activity portfolios were identified, including sports-focused, low involvement, highly engaged, and two combination portfolios. There were significant differences between portfolios on social psychological measures (e.g. prosocial beliefs and social responsibility), current extracurricular involvement, and risky behaviors. Regression models indicated …

Surgical Sterilization, Regret, And Race: Contemporary Patterns, Karina M. Shreffler, Julia Mcquillan, Arthur L. Greil, David R. Johnson

Department of Sociology: Faculty Publications

Surgical sterilization is a relatively permanent form of contraception that has been disproportionately used by Black, Hispanic, and Native American women in the United States in the past. We use a nationally representative sample of 4,609 women ages 25 to 45 to determine whether sterilization continues to be more common and consequential by race for reproductive-age women. Results indicate that Native American and Black women are more likely to be sterilized than non-Hispanic White women, and Hispanic and Native American women are more likely than non-Hispanic White women to report that their sterilization surgeries prevent them from conceiving children they …

Characteristics Of Mothers Caring For Children During Episodes Of Homelessness, Melissa L. Welch-Lazoritz, Les B. Whitbeck, Brian E. Armenta

Department of Sociology: Faculty Publications

This study provides a description of the physical, psychological, and substance use problems of adult homeless women who are and are not caring for children. We also examined differences in the characteristics of these two groups of women. Interviews were conducted with 148 homeless women from three mid-sized U.S. cities, 24.3% of whom were caring for at least one child. Our results showed that women caring for children were more likely to be sheltered and have health insurance. Homeless women caring for children and solitary homeless women were generally similar in terms of substance abuse problems. However, rates of Borderline …

Love Thy Neighbor? Trust In Foreigners And Support For Transnational Policies, Sergio Wals, Elizabeth Theiss-Morse, Frank J. Gonzalez, Tess Gosda

Department of Political Science: Faculty Publications

This study assesses the extent to which individual levels of trust in foreigners relate to preferences about regional transnational policies. We use a nationally representative survey from Mexico (2003), an emerging democracy with relatively high levels of nationalism and several multinational trade agreements. We argue that clarifying the target of social trust is essential for understanding the attitudes of citizens of less powerful countries toward the international policy realm. Statistical analysis strongly suggests that in fact trust in foreigners, above generalized trust, is key to understanding such attitudes. Our results indicate that trust in foreigners among Mexican respondents is positively …

Annual Report Of The Chancellor Of The University Of Mississippi, 2014-2015 V. I-Ii, University Of Mississippi. Chancellor

Annual Report of the Chancellor to the Board of Trustees of IHL

Chancellor, 2014-2015: Daniel W. Jones