Digital Commons Network^™

Fmri And Lie Detection, Anthony D. Wagner, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Gideon Yaffe

Faculty Scholarship

Some studies have reported the ability to detect lies, with a high degree of accuracy, by analyzing brain data acquired using functional magnetic resonance imaging (fMRI). But is this new technology ready for its day in court?

This consensus knowledge brief from the MacArthur Foundation Research Network on Law and Neuroscience takes a closer look at the potential and pitfalls of fMRI lie detection techniques, providing insight into the areas of the brain involved in lying, the impact of memory on deception, how countermeasures may foil our efforts to detect lies, and factors that can create cause for concern about …

G2i Knowledge Brief: A Knowledge Brief Of The Macarthur Foundation Research Network On Law And Neuroscience, David L. Faigman, Anthony Wagner, Richard J. Bonnie, Bj Casey, Andre Davis, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Gideon Yaffe

Faculty Scholarship

Courts are daily confronted with admissibility issues – such as in cases involving neuroscientific testimony – that sometimes involve both the existence of a general phenomenon (i.e., “G”) and the question of whether a particular case represents a specific instance of that general phenomenon (i.e., “i”).

Unfortunately, courts have yet to carefully consider the implications of “G2i” for their admissibility decisions. In some areas, courts limit an expert’s testimony to the general phenomenon. They insist that whether the case at hand is an instance of that phenomenon is exclusively a jury question, and thus not an appropriate subject of expert …

Impact Investing As A Form Of Lobbying And Its Corporate-Governance Effects, Andrzej Rapaczynski

Faculty Scholarship

Impact investment is attractive to many because it seems to combine support for progressive causes with an apparent commitment to the principles of a market economy. In fact, however, a rational impact investor is not simply creating demand for certain types of corporate actions; he/she is attempting to use corporate governance mechanisms to influence fiduciary decisions of the management. The cost of this tactic for the health of the capitalist economy is potentially very considerable. The American capitalist system relies heavily on a relatively fragile corporate governance arrangement in which the agency problems of a modern corporation are minimized by …

Maximinimalism, Jamal Greene

Faculty Scholarship

When John Roberts became Chief Justice of the United States more than a decade ago, commenters frequently described him as a minimalist. Although Chief Justice Roberts himself resisted this label, he fairly inspired it by advocating for more consensus among his colleagues and by famously recounting to a Georgetown Law Commencement audience his view that “[i]f it is not necessary to decide more to dispose of a case ... it is necessary not to decide more.” The suggestion that the Court decide significant issues one case at a time recalls the work of Cass Sunstein, the American academy’s most articulate …

Validation Of Metabolic Alterations In Microscale Cell Culture Lysates Using Hydrophilic Interaction Liquid Chromatography (Hilic)-Tandem Mass Spectrometry-Based Metabolomics, Venugopal Gunda, Fang Yu, Pankaj K. Singh

Journal Articles: Eppley Institute

By standard convention, in order to increase the efficacy of metabolite detection from cell culture lysates, metabolite extracts from a large quantity of cells are utilized for multiple reaction monitoring-based metabolomic studies. Metabolomics from a small number of cell extracts offers a potential economical alternative to increased cell numbers, in turn increasing the utility of cell culture-based metabolomics. However, the effect of reduced cell numbers on targeted metabolomic profiling is relatively unstudied. Considering the limited knowledge available of the feasibility and accuracy of microscale cell culture metabolomics, the present study analyzes differences in metabolomic profiles of different cell numbers of …

Effect Of Tiotropium On Night-Time Awakening And Daily Rescue Medication Use In Patients With Copd, Peter M.A. Calverley, Stephen I. Rennard, Emmanuelle Clerisme-Beaty, Norbert Metzdorf, Valentina Bayer Zubek, Richard Zuwallack

Journal Articles: Pulmonary & Critical Care Med

BACKGROUND: Several small studies found night-time awakenings due to COPD symptoms were associated with decreased health status. In this study, night-time awakenings in patients with COPD were examined and effects of tiotropium therapy evaluated.

METHODS: This study was a post hoc, exploratory, pooled analysis of twin, multicenter, double-blind, randomized, placebo-controlled, parallel-group trials. Patients with stable moderate-to-severe COPD were randomized to tiotropium HandiHaler® (n = 550) or placebo (n = 371) and followed for 13 weeks. During a 2-week, pre-treatment baseline period and for 13 weeks on treatment, self-reported night-time awakenings due to COPD symptoms, rescue medication (albuterol) use, and morning …

Who Leads Nonprofit Organizations And What Does It Matter? A Mixed Methods Study Of The Impact Of Different Sector Experience On Nonprofit Leadership, Darrent Robert Tune

Dissertations

The nonprofit sector serves an important economic and community-building role in California and the rest of the United States. However, the nonprofit sector may be facing a leadership deficit due to inadequate succession planning and training of future leaders. Given that nonprofit organizations are often pressured to become more business-like and that many nonprofit organizations may need to adhere to regulations imposed upon them by government funders, nonprofit organizations may be able to find qualified leaders from the for-profit and public sectors.

The purpose of this explanatory sequential mixed methods study was to build on prior research on the sector …

Implementation Of Operational Excellence: Challenges Related To Employee Perception And Organizational Culture, Ruben Fontes

Dissertations

Industries that are traditionally technical and hierarchical present a variety of challenges for today’s leaders, particularly given the rapidly evolving, technology-driven global business environment. In addition, the movement toward more collaborative and horizontal work environments encourages a uniquely collective perspective comprised of individuals who are expected to continually shift between innovation and conformance. Success in the contemporary business environment largely depends on a firm’s speed and efficiency in relation to its competitors, which challenges leaders to not only remain on the cutting edge of their respective industries, but also stay “in tune” with the inner workings of their organizations in …

Dysfunctional Epileptic Neuronal Circuits And Dysmorphic Dendritic Spines Are Mitigated By Platelet-Activating Factor Receptor Antagonism, Alberto E. Musto, Robert F. Rosencrans, Chelsey P. Walker, Surjyadipta Bhattacharjee, Chittalsinh M. Raulji, Ludmila Belayev, Zhide Fang, William C. Gordon, Nicolas G. Bazan

Journal Articles: Pediatrics

Temporal lobe epilepsy or limbic epilepsy lacks effective therapies due to a void in understanding the cellular and molecular mechanisms that set in motion aberrant neuronal network formations during the course of limbic epileptogenesis (LE). Here we show in in vivo rodent models of LE that the phospholipid mediator platelet-activating factor (PAF) increases in LE and that PAF receptor (PAF-r) ablation mitigates its progression. Synthetic PAF-r antagonists, when administered intraperitoneally in LE, re-establish hippocampal dendritic spine density and prevent formation of dysmorphic dendritic spines. Concomitantly, hippocampal interictal spikes, aberrant oscillations, and neuronal hyper-excitability, evaluated 15-16 weeks after LE using multi-array …

Dignity Rights: A Response To Peggy Cooper Davis's Little Citizens And Their Families, Jane M. Spinak

Faculty Scholarship

Professor Spinak responds to Professor Davis’ comment by considering how the concept of human dignity can be used to reassert human rights – of individual members of the family and the family as an entity – that have been diminished, if not destroyed, by poverty and inequality.

How Should The Law Think About Robots?, Neil M. Richards, William D. Smart

Scholarship@WashULaw

The robots are coming. We don’t mean this in a scary, apocalyptic way, like in The Terminator or Battlestar Galactica, or in a tongue-in-cheek way, like in the Flight of the Conchords song “The Humans are Dead.” What we mean is this: Robots and robotic technologies are now mature enough to leave the research lab and come to the consumer market in large numbers. These early technologies are just the start, and we might soon be witnessing a personal robotics revolution. These systems have the potential to revolutionize our daily lives and to transform our world in ways even more …

Representation On The Courts? The Effects Of Trial Judges' Sex And Race, Christina L. Boyd

Scholarship@WashULaw

Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential, no consensus exists for whether judicial diversity affects behavior in trial courts -- i.e., the stage where the vast majority of litigants interact with the judicial branch. After addressing the research design limitations in previous trial court-diversity studies, the statistical results here indicate that a trial judge's sex and race have very large effects on his or her decision …

Big Data And The Future For Privacy, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

In our inevitable big data future, critics and skeptics argue that privacy will have no place. We disagree. When properly understood, privacy rules will be an essential and valuable part of our digital future, especially if we wish to retain the human values on which our political, social, and economic institutions have been built. In this paper, we make three simple points. First, we need to think differently about "privacy." Privacy is not merely about keeping secrets, but about the rules we use to regulate information, which is and always has been in intermediate states between totally secret and known …

The Atlantic Divide On Privacy And Speech, Neil M. Richards, Kirsty Hughes

Scholarship@WashULaw

When does a right to privacy become a right of censorship? Conversely when does freedom of speech become a carte blanche to violate the dignity and autonomy of others? Discussions of privacy throughout the world frequently boil down to these questions. Despite the parallel relationships between privacy and speech in the United Kingdom and America, and despite their shared legal heritage, the two legal systems have struck the balance in radically different ways. In the United States, decisions balancing privacy and the First Amendment have invariably favoured the free speech interest, at least where a press defendant published lawfully-obtained “newsworthy” …

Taking Trust Seriously In Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …

People Analytics And The Regulation Of Information Under The Fair Credit Reporting Act, Pauline Kim, Erika Hanson

Scholarship@WashULaw

People analytics — the use of big data and computer algorithms to make personnel decisions — has been drawing increasing public and scholarly scrutiny. Concerns have been raised that the data collection intrudes on individual privacy, and that algorithms can produce unfair or discriminatory results. This symposium contribution considers whether the Fair Credit Reporting Act’s regulation of consumer information used for employment purposes can respond these concerns. The FCRA establishes certain procedural requirements, and these can sometimes help individual workers challenge inaccurate information about them. However, the statute does little to curb intrusive data collection practices or to address the …

Coming Into The Anthropocene, Jedediah S. Purdy

Faculty Scholarship

Cannon’s debut book, Environment in the Balance, sets itself an ambitious task: to overcome this division by showing that environmental law, much as it may appear dry and dull, is deeply infused with conflicts over values. Cannon’s project is to reveal the green ghost in the gray machine, the soul of disagreement that lends shape to arguments that may otherwise seem aridly technical. He does this by carefully reading thirty major Supreme Court decisions in environmental law and teasing out the differences in worldview that animate the Justices’ reasoning – divisions that are not simply over abstract legal questions, …

Corporate Governance Changes As A Signal: Contextualizing The Performance Link, Merritt B. Fox, Ronald J. Gilson, Darius Palia

Faculty Scholarship

Promoting “good” corporate governance has become an important concern. One result has been the creation of indexes that purport to measure the quality of a firm’s corporate governance structure. Prior scholarship reports a positive relationship between firms with good corporate governance index ratings and stock-price-based measures of a firm’s ability to create share value, such as Tobin’s Q. Little work, however, explores why we observe this relationship.

We hypothesize one reason for the relationship is that a rating-altering change in corporate governance structure can be a signal concerning the quality of a firm’s management. Changes in governance structures that result …

First Do No Harm: Protecting Patients Through Immunizing Health Care Workers, Dorit R. Reiss, Rene F. Najera

Faculty Scholarship

No abstract provided.

Arbitration: Creature Of Contract, Pillar Of Procedure, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro Aragaki

Faculty Scholarship

In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs. In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …

Beyond Legality: Understanding The Legitimacy Of Executive Action In Immigration Law, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

From Global To Local: Domestic Human Rights Norms In Theory And Practice, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

Native Survival And Success In Higher Education, Daniel Orr , '16

Senior Theses, Projects, and Awards

No abstract provided.

Assessing Time Served, Patrick A. Woods

Cardozo Public Law, Policy & Ethics Journal

This article examines the utility of a new way of determining when increased punishment should be imposed pursuant to "three strikes" laws or other recidivist enhancements. In the past two years, Congress and the United States Sentencing Commission are each considering criminal justice reform measures that would use the length of time an offender spent incarcerated as a proxy for the seriousness of his earlier criminal conduct. While this reform seems sound at first glance, this article ultimately concludes that its incorporation into current state and federal sentencing laws must be done carefully, if at all, and that doing so …

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.

Single Payer And The Rising Cost Of Health Care, Brianna Paolicelli

Cardozo Public Law, Policy & Ethics Journal

The New York Health Act proposes a single-payer healthcare system aimed at providing universal coverage by eliminating private insurers and reducing administrative costs. The Act, persistently advocated by Assemblyman Richard Gottfried since 1992, passed the State Assembly in 2015 but faces opposition, particularly from the insurance industry and the Republican Senate. Despite challenges, the Act is supported by economic research indicating significant cost savings and improved efficiency, drawing on international successes like Canada and Taiwan. It addresses historical and contemporary healthcare issues, offering a comprehensive solution to the state's healthcare needs.

My Social Toolbox: Building A Foundation For Increased Social Participation Among Children With Disabilities, Brooke Willis

Electronic Theses and Dissertations

Social participation is an important occupation for children that occupational therapists address. The benefits of participation include emotional well-being, life satisfaction, building friendships, psychological benefits and positive effects on overall health and development (Law, Petrenchik, King, & Hurley, 2007). Compared to their typically developing peers, children with disabilities are at an increased risk for decreased participation (Law et al., 2007). An expedited scoping review of the literature revealed key supports and critical barriers that impact the frequency and quality of social participation for children with disabilities. Children with disabilities and their families experiencing these barriers with resultant decreased levels of …

Why Aren't You Working? Medlin With Proof Of Disability Under North Carolina Workers' Compensation Act, Michael F. Roessler

Campbell Law Review

Individuals hurt on the job face potential uncertainty about their eligibility for benefits under the North Carolina Workers' Compensation Act. Whereas the state's courts historically interpreted the law as allowing an injured worker to prove loss of wage-earning capacity following a work injury without any regard to overall economic conditions, the North Carolina Supreme Court recently announced the demise of this absolutist rule in Medlin v. Weaver Cooke Construction, LLC and articulated a new rule allowing overall economic conditions to affect an injured worker's claim of disability, at least in some circumstances.

The supreme court was wrong to adopt this …

After The Golden Victory: Still Lost At Sea, Victor P. Goldberg

Faculty Scholarship

In The Golden Victory the House of Lords held that when determining damages for a repudiatory breach, in a conflict between the compensatory principle and finality, the former trumped. The decision was recently ratified by the Supreme Court in Bunge SA v. Nidera BV. The claim in this paper is that this was a mistake; properly conceived, there is no conflict. The contract should be viewed as an asset and compensation would entail determining the decline in value of that asset at the time of the breach. The value of the contract at that moment would reflect the possible effects …