Digital Commons Network^™

Minors, Parents, And Minor Parents, Maya Manian

Missouri Law Review

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that …

Probing The Landscape: Toward A Systematic Taxonomy Of Online Peer Assessment Systems In Education, Dymytro Babik, Edward F. Gehringer, Jennifer Kidd, Ferry Pramudianto, David Tinapple

Teaching & Learning Faculty Publications

We present the research framework for a taxonomy of online educational peer-assessment systems. This framework enables researchers in technology-supported peer assessment to understand the current landscape of technologies supporting student peer review and assessment, specifically, its affordances and constraints. The framework helps identify the major themes in existing and potential research and formulate an agenda for future studies. It also informs educators and system design practitioners about use cases and design options.

Doing Qualitative Research Online Book Review, Donna M. Busarow

Journal of Social, Behavioral, and Health Sciences

A recent addition to qualitative instruction is Salmon's (2016) book, Doing Qualitative Research Online. This book review examines the book as an educational tool for student researchers.

Perceived Competency In Grief Counseling: Implications For Counselor Education, Rick Jude Cicchetti, Laurie Mcarthur, Gary M. Szirony, Craig Blum

Journal of Social, Behavioral, and Health Sciences

Grief is regarded as a critical life event. Unresolved grief issues can interfere with quality of life and can result in emotional, behavioral, physical and cognitive symptoms, and if unresolved, can result in suicidal ideation. Counselors can be called upon and often do work with grief issues in clients, including U. S. Military veterans. This study examined whether 93 master’s level counselors specializing in rehabilitation counseling reported having been adequately trained to identify and work with clients who are having grief-related issues from loss or disability. Using the Grief Counseling Competency Scale (GCCS), participants showed a wide range of scores …

Book Review Of Cure, David Yells

Journal of Social, Behavioral, and Health Sciences

In Cure: A Journey Into The Science of Mind Over Body, Dr. Jo Marchant explores the world of complementary and alternative medicine. The context for her exploration is the limitations of standard, Western medicine. In some cases, traditional Western medicine has been unable to provide reliably effective treatment for medical conditions. In other cases, the treatment may result in intolerable side effects. Marchant addresses approaches such as hypnotherapy, virtual reality, and even the power of belief (as reflected in the placebo effect) in the treatment of such disparate conditions as Parkinson’s disease, Irritable Bowel Syndrome, and Fibromyalgia. She combines …

Exploring How Secondary Pre-Service Teachers' Use Online Social Bookmarking To Envision Literacy In The Disciplines, Jamie Colwell, Kristen Gregory

Teaching & Learning Faculty Publications

This study considers how pre-service teachers envision disciplinary literacy through an online social bookmarking project. Thirty secondary pre-service teachers participated in the project through an undergraduate literacy course. Online bookmarks and post-project reflections were collected and analyzed using a constant comparative approach to determine emergent themes. Results suggest varying levels of disciplinary knowledge among pre-service teachers, influences of pre-service teachers' envisionments on posted bookmarks, and considerations about standardized testing in disciplinary literacy instruction. Implications for teacher education are discussed in light of these results. Copyright (c) by the authors.

White-Crowned Pigeons (Patagioenas Leucocephala) In Suburban Miami-Dade County: A Review Of Literature And Citizen-Science Data, Joshua M. Diamond, Jesus Blanco, Junnio Freixa

Florida Field Naturalist

No abstract provided.

Social Phenomena: From Data Analysis To Models, By Bruno Gonçalves And Nicola Perra. Springer-Verlag: Berlin, 2015 (Book Review), Erika Frydenlund

VMASC Publications

[First Paragraph] Social Phenomena: From Data Analysis to Models features a diverse collection of researchers united around the pursuit of innovative ways to use increasingly large and accessible datasets to model human movement, behavior, and social networks. The researchers contribute to this conversation using a variety of modeling paradigms. As a computational social science reference book, the strength of this collection is its service as a starting point for understanding the potential of current technologies to enhance the scope of models of social behavior. The methods presented here are easily extensible beyond the case study applications presented.

Law, Science, And The Injured Mind, Govind Persad

Publications

Even while we widely recognize legal liability for physical injury, we frequently discount mental, emotional, and psychological injury. We disfavor tort liability for emotional distress; we prohibit prisoners from suing for purely psychological injuries; and we tax the damages victims of emotional injury receive even while leaving damages for physical injury untaxed. This Article argues that neuroscientific, psychological, and technological advances challenge our traditional ideas about the set of injuries that are possible and that merit legal redress. The Article goes on to contend that, while these advances challenge our traditional ideas, they do not inevitably overturn traditional distinctions within …

Sufficiency, Comprehensiveness Of Healthcare Coverage And Cost-Sharing Arrangements In The Realpolitik Of Health Policy, Govind Persad, Harald Schmidt

Publications

This chapter explores two questions in detail: How should we determine the threshold for costs that individuals are asked to bear through insurance premiums or care-related out-of-pocket costs, including user fees and copayments? and What is an adequate relationship between costs and benefits? This chapter argues that preventing impoverishment is a morally more urgent priority than protecting households against income fluctuations, and that many health insurance plans may not adequately protect individuals from health care costs that threaten to drop their financial status below a decent minimum. A design that places greater emphasis on preventing impoverishment and finances the achievement …

Health Theater, Govind Persad

Publications

"Security theater" has been defined as an effort to "provide the feeling of security instead of the reality. " The concept of security theater has been discussed in both the popular press and academic literature, but has not yet entered health law. This project suggests that a parallel category of "health theater" picks out a set ofpractices in medical screening and health care delivery that provide a mere simulacrum ofprotection against medical risk, rather than providing genuine medical benefit. Part I summarizes some of the distinctive advantages and disadvantages of health and security theater. Like security theater, health theater frequently …

All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson

University of Colorado Law Review

Consumers navigating the United States' modern electronic exchange economy are uniquely vulnerable to injury from data breaches. Hackers run data breach operations on an industrial scale, with a worldwide underground economy supporting the processing and exploitation of stolen information. Economic damages from data breaches exceed millions of dollars annually in direct and indirect costs for consumers and businesses alike. While existing common law, statutory law, and regulatory law offer consumers affected by a data breach some degree of protection, that protection is largely inadequate in the face of the threat posed by consumer data breaches. This Comment argues that consumers …

To Have Our Water And Use It Too : Why Colorado Water Law Needs A Public Interest Standard, Larry Myers

University of Colorado Law Review

This Comment proposes constitutional and statutory amendments that would allow water courts to consider the public interest in water allocations. It offers a model public interest standard and argues that this public interest standard is an economic necessity given the shifting contributions of water-reliant industries and the nature of their water needs. Assuming the purpose of Colorado water law is to promote growth and the economic health of the state, then Colorado must adjust the guiding laws to reflect the current economic reality. Where facilitating economic growth formerly required consumptive diversions from streams to subsidize homesteads, ranches, and mines, now …

A Right To Be Regulated, Michael Pappas

Publications

No abstract provided.

Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe

Publications

Wisdom is not an innate character trait; no one automatically is wise; wisdom is learned and acquired. More importantly, one can learn and acquire wisdom intentionally and skillfully — one can practice it. And, if the practice is structured in particular ways, the practice will improve one’s capacities to act with wisdom. This article clarifies theoretical muddiness and pedagogical imprecision by bringing together two important and robust strands of legal ethics literature. The first strand focuses on what the appropriate role of a lawyer is in a just society, while the second focuses on how a lawyer learns to be, …

Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter

Publications

In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make contemporary headlines, American Indians often experience these claims within a historical and continuing experience of dispossession. For hundreds of years, the U.S. legal system has sanctioned the taking and destruction of Indian lands, artifacts, bodies, religions, identities, and beliefs, all toward the project of conquest and colonization. Indian …

Model Law On Lighting For Developed Countries, Lakshman Guruswamy, Jason Aamodt, Anne Aguirre, Yazan Fattaleh, Gianna Fitzsimmons, Teresa Milligan, Giedre Stasiunaite

Publications

Model Law On Lighting For Developing Countries, Lakshman Guruswamy, Audrey M. Huang, Mahir Haque, Ugyen Tshering

Publications

No abstract provided.

Anti-Rape Culture, Aya Gruber

Publications

This essay, written for the Kansas Law Review Symposium on Campus Sexual Assault, critically analyzes “anti-rape culture” ― a set of empirical claims about rape’s prevalence, causes, and effects and a set of normative ideas about sex, gender, and institutional authority ― which has heralded a new era of discipline, in all senses of the word, on college campuses. In the past few years, publicity about the campus rape crisis has created widespread anxiety, despite the fact that incidents of sexual assault have generally declined and one-in-four-type statistics have been around for decades. The recent surge of interest is due …

Introduction To Model Laws On Lighting, Lakshman Guruswamy

Publications

No abstract provided.

Truth And Lies In The Workplace: Employer Speech And The First Amendment, Helen Norton

Publications

Employers' lies, misrepresentations, and nondisclosures about workers' legal rights and other working conditions can skew and sometimes even coerce workers' important life decisions as well as frustrate key workplace protections. Federal, state, and local governments have long sought to address these substantial harms by prohibiting employers from misrepresenting workers' rights or other working conditions as well as by requiring employers to disclose truthful information about these matters.

These governmental efforts, however, are now increasingly vulnerable to constitutional attack in light of the recent antiregulatory turn in First Amendment law, in which corporate and other commercial entities seek -- with growing …

Technological Opacity, Predictability, And Self-Driving Cars, Harry Surden, Mary-Anne Williams

Publications

Autonomous or “self-driving” cars are vehicles that drive themselves without human supervision or input. Because of safety benefits that they are expected to bring, autonomous vehicles are likely to become more common. Notably, for the first time, people will share a physical environment with computer-controlled machines that can both direct their own activities and that have considerable range of movement. This represents a distinct change from our current context. Today people share physical spaces either with machines that have free range of movement, but are controlled by people (e.g. automobiles) or with machines that are controlled by computers, but highly …

Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace

Publications

The advent of horizontal oil and gas drilling into relatively impermeable shale rock, and the companion technological breakthrough of high-pressure, multi-stage fracking that frees hydrocarbons along the substantial length of these horizontal wells, has fundamentally altered the oil and gas industry. The Energy Information Administration has gone so far as to predict that North America could become a net energy exporter as early as 2019, largely as a result of the explosive growth of this “unconventional” oil and gas development. Despite its promise, managing unconventional oil and gas development has proved challenging, and many of the communities that find themselves …

Rape Law Revisited, Aya Gruber

Publications

This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law Revisited” (Vol. 13(2)). The Symposium features articles by Deborah Tuerkheimer, Kimberly Ferzan, David Bryden and Erica Madore, Bennett Capers, and Erin Collins. The symposium provides fresh perspectives on the issues surrounding sexual assault law and policy in today’s environment. The introduction notes that the current rape reform redux is not just a rehashing of old arguments, but boasts many new features. Today’s rape activism occurs in a moment when feminist ideas about coerced sex no longer exist at the margins — they govern and enjoy cultural acceptance, …

From The Editor, Susan Nevelow Mart

Publications

No abstract provided.

Facilitating Competition By Remedial Regulation, Kristelia A. García

Publications

In music licensing, powerful music publishers have begun—for the first time ever— to withdraw their digital copyrights from the collectives that license those rights, in order to negotiate considerably higher rates in private deals. At the beginning of the year, two of these publishers commanded a private royalty rate nearly twice that of the going collective rate. This result could be seen as a coup for the free market: Constrained by consent decrees and conflicting interests, collectives are simply not able to establish and enforce a true market rate in the new, digital age. This could also be seen as …

Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson

Publications

Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Publications

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

Criminal Labor Law, Benjamin Levin

Publications

This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …

Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky

Publications

No abstract provided.