Digital Commons Network^™

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

Faculty Scholarship

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …

Lay Consultations In Heart Failure Symptom Evaluation, Katherine M. Reeder, Jessica L. Sims, Patrick M. Ercole, Shivan S. Shetty, Michael Wallendorf

Student Publications

Purpose: Lay consultations can facilitate or impede healthcare. However, little is known about how lay consultations for symptom evaluation affect treatment decision-making. The purpose of this study was to explore the role of lay consultations in symptom evaluation prior to hospitalization among patients with heart failure.

Methods: Semi-structured interviews were conducted with 60 patients hospitalized for acute decompensated heart failure. Chi-square and Fisher's exact tests, along with logistic regression were used to characterize lay consultations in this sample.

Results: A large proportion of patients engaged in lay consultations for symptom evaluation and decision-making before hospitalization. Lay consultants provided attributions and …

Informants And Cooperators, Daniel C. Richman

Faculty Scholarship

The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.

Debating Autonomous Weapon Systems, Their Ethics, And Their Regulation Under International Law, Kenneth Anderson, Matthew C. Waxman

Faculty Scholarship

An international public debate over the law and ethics of autonomous weapon systems (AWS) has been underway since 2012, with those urging legal regulation of AWS under existing principles and requirements of the international law of armed conflict, on the one side, in argument with opponents who favor, instead, a preemptive international treaty ban on all such weapons, on the other. This Chapter provides an introduction to this international debate, offering the main arguments on each side. These include disputes over defining an AWS, the morality and law of automated targeting and target selection by machine, and the interaction of …

Democratic Experimentalism, Charles F. Sabel, William H. Simon

Faculty Scholarship

Democratic Experimentalism is an orientation in contemporary legal thought that draws on both the critical impulses of modernist theory and the constructive practice of postbureaucratic organization.

Some of the core ideas of Democratic Experimentalism were formulated long ago, notably by pragmatists in the John Dewey mold, but they have been elaborated in response to social developments of recent decades. A recurring challenge presented by these developments is uncertainty, by which we mean the inability to anticipate, much less to assign a probability to, future states of the world. The constellation of changes that make contemporary economies more innovative produces uncertainty …

Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard

Faculty Scholarship

Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every year out to 2050. These facilities, together with rooftop photovoltaics and other distributed generation, are required to replace most fossil fuel generation and to help furnish the added electricity that will be needed as many uses currently employing fossil fuels (especially passenger transportation and space and water heating) are electrified. This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to …

Law And Corporate Governance, Robert P. Bartlett, Eric L. Talley

Faculty Scholarship

Pragmatic and effective research on corporate governance often turns critically on appreciating the legal institutions surrounding corporate entities – yet such nuances are often unfamiliar or poorly specified to economists and other social scientists without legal training. This chapter organizes and discusses key legal concepts of corporate governance, including statutes, regulations, and jurisprudential doctrines that “govern governance” in private and public companies, with concentration on the for-profit corporation. We review the literature concerning the nature and purpose of the corporation, the objects of fiduciary obligations, the means for decision making within the firm, as well as the overlay of state …

Trade Agreements, Regulatory Sovereignty And Democratic Legitimacy, Bernard Hoekman, Charles F. Sabel

Faculty Scholarship

Governments increasingly are seeking to use bilateral and regional trade agreements to reduce the cost-increasing effects of differences in product market regulation. They also pursue regulatory cooperation independent of trade agreements. It is important to understand what is being done through bilateral or plurilateral mechanisms to address regulatory differences, and to identify what, if any, role trade agreements can play in supporting international regulatory cooperation. This paper reflects on experience to date in regulatory cooperation and the provisions of recent trade agreements involving advanced economies that have included regulatory cooperation. We argue for a re-thinking by trade officials of the …

Extended Collective Licenses In International Treaty Perspective: Issues And Statutory Implementation, Jane C. Ginsburg

Faculty Scholarship

National legislation establishing extended collective licenses (ECLs) “authoriz[es] a collective organization to license all works within a category, such as literary works, for particular, limited uses, regardless of whether copyright owners belong to the organization or not. The collective then negotiates agreements with user groups, and the terms of those agreements are binding upon all copyright owners by operation of law.” Albeit authorized under national laws, collective coverage of non-members’ works may pose issues of compatibility with international norms. For example, if non-members must opt-out in order to preserve the individual management of their rights, is the opt-out a “formality” …

Inclusive Education In Trinidad And Tobago: 20 Years After Salamanca, Arjoon Singh

Abraham S. Fischler College of Education ETD Archive

Inclusive education is a worldwide phenomenon. It is a UNESCO mandate, but most developing countries are practicing this new instruction model as a cost-effective strategy to include all children, including children with disabilities, in neighborhood schools. Children who were previously excluded from school are now included as the new norm.

This applied dissertation study was designed to explore the perceptions principals and school supervisors regarding their experiences in implementing inclusive education in Trinidad & Tobago. The country committed to inclusion at the UNESCO meeting in Salamanca, Spain in 1994, wherein the country’s Minister of Education signed the Statement committing resources …

A Little Less Regulation: Why Federal Pain Management Laws Are Hurting State Efforts To Combat The Opioid Epidemic, Michael Waldrop

Mitchell Hamline Law Review

No abstract provided.

Think Like A Lawyer, Act Like A Mogul: Tackling Practical Business Problems In A Changing Legal Landscape, Kathleen Harrell-Latham, Daniel Spicer

Mitchell Hamline Law Review

No abstract provided.

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Faculty Scholarship

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …

Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow

Other Publications

Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …

Phytoplankton Plastid Proteomics: Cracking Open Diatoms To Understand Plastid Biochemistry Under Iron Limitation, Skyler J. Nunn, Phoebe Dreux Chappell, Kristofer Gomes, Anasthasia Bonderenko, Bethany D. Jenkins, Brook L. Nunn

OES Faculty Publications

Diatoms, such as Thalassiosira pseudonana, are important oceanic primary producers, as they sequester carbon dioxide (CO₂) out of the atmosphere, die, and precipitate to the ocean floor. In many areas of the world’s oceans, phytoplankton, such as diatoms, are limited in growth by the availability of iron (Fe). Fe is an essential nutrient for phytoplankton, as it is central in the electron transport chain component of photosynthesis. Through this study, we examined if Fe-limitation makes a significant difference in the proteins expressed within the chloroplast, the power source for diatoms. Here, we utilized a new plastid isolation technique specific …

A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard

Other Publications

No abstract provided.

Experiences Of Canadian Oncologists With Difficult Patient Deaths And Coping Strategies Used, Leeat Granek, L. Barbera, O. Nakash, M. Cohen, M. K. Krzyzanowska

School for Social Work: Faculty Publications

Objectives We aimed to explore and identify what makes patient death more emotionally difficult for oncologists and how oncologists cope with patient death. Methods A convenience sample of 98 Canadian oncologists (50 men, 48 women) completed an online survey that included a demographics section and a section about patient death. Results More than 80% of oncologists reported that patient age, long-term management of a patient, and unexpected disease outcomes contributed to difficult patient loss. Other factors included the doctor–patient relationship, identification with the patient, caregiver-related factors, oncologist-related factors, and “bad deaths.” Oncologists reported varying strategies to cope with patient death. …

Microcore: A Playable Case Study For Improving Adolescents’ Argumentative Writing In A Workplace Context, Derek L. Hansen, Jonathan Balzotti, Lauren Fine, Daniel Ebeling

Faculty Publications

A playable case study is an immersive, transmedia story controlled by a puppetmaster (i.e., teacher), but played by participants who advance the plot through their contributions and interactions with fictional characters. They are also explicitly educational, consisting of both the immersive, transmedia story, as well as in-game and out-of-game materials provided for educational scaffolding and reflection. We present the Microcore playable case study to illustrate the potential of this new type of experiential simulation that incorporates aspects of Alternate Reality Games (ARGs) to increase immersion. We present results from a pilot test of Microcore with an undergraduate course, identifying design …

Corticosteroid-Laba Inhalers Increase Phonation Threshold Pressure (Ptp) And Flow (Ptf) In Rabbits, Christopher Dromey, Kristine Tanner, Heidi J. Robison, Maya Elena Stevens, Ray M. Merrill, Julie Barkmeier-Kraemer, Ben Christensen

Faculty Publications

Objectives: This study examined the effects of a combination corticosteroid plus long-acting beta2-adrenergic agonist inhaler (IC) on rabbit phonation. Methods: White New Zealand male rabbits were assigned randomly to experimental and control groups (n = 11 per group). The experimental group received twice-daily doses of Advair HFA™ (fluticasone propionate 45 mcg and salmeterol 21 mcg) via a veterinary facemask with 1-way valve and spacer; the control group received aerosolized saline. After 8 weeks, animals were euthanized, larynges excised, frozen, and subsequently thawed and mounted on a standard bench apparatus. Phonation was elicited during 15 successive trials, and phonation threshold pressure …

Effects Of Laryngeal Activity On Articulation, Christopher Dromey, Katherine M. Black

Faculty Publications

Abstract—This study examined the effects of three speech conditions (voiced, whispered, and mouthed) on global average measures of articulatory movement during sentence production. Participants were 20 adults (ten males and ten females) with no history of speech, language, or hearing disorders. They produced six target utterances in the three speaking conditions. Movements of the following articulators were recorded with an electromagnetic articulograph: Mid tongue, front of tongue, jaw, lower lip, and upper lip. The kinematic metrics were averages derived from movement strokes defined by minima in the speed record of each articulator. These measures revealed a number of significant changes …

Effects Of Voice-Sparing Cricotracheal Resection On Phonation In Women, Christopher Dromey, Kristine Tanner, Mark L. Berardi, Lisa M. Mattei, Jenny L. Pierce, Jonathan J. Wisco, Eric J. Hunter, Marshall E. Smith

Faculty Publications

Introduction: Individuals with idiopathic subglottic stenosis (SGS) are at risk for voice disorders prior to and following surgical management. This study examined the nature and severity of voice disorders in patients with SGS before and after a revised cricotracheal resection (CTR) procedure designed to minimize adverse effects on voice function. Method: Eleven women with idiopathic SGS provided presurgical and postsurgical audio recordings. Voice Handicap Index (VHI) scores were also collected. Cepstral, signal-to-noise, periodicity, and fundamental frequency (F0) analyses wereundertaken for connected speech and sustained vowel samples. Listeners made auditory-perceptual ratings of overall qualityand monotonicity.Results: Paired samples statistical analyses revealed that …

Effects Of Speech Intensity On Acoustic And Kinematic Articulatory Working Space, Christopher Dromey, Panika Palmer, Jason Whitfield

Faculty Publications

Acoustic measures calculated from the formant frequencies of corner vowels, such as the vowel space areas of triangles or quadrilaterals, have often been used as a window into articulatory function. Other measures, such as the formant centralization ratio (Sapir, Ramig, Spielman, & Fox, 2010), have been suggested as more sensitive alternatives. The purpose of this study was to compare changes in acoustic and kinematic measures of articulation across soft, comfortable, and loud speech conditions using both corner vowel-based and sentence level metrics. There were 19 participants, 9 male and 10 female, with ages ranging from 20 to 34 years. Each …

Self-Efficacy Of Risk Taking In Outdoor Recreation As A Predictor Of The Self-Efficacy Of Risk Taking In Essay Writing, Stacy T. Taniguchi, John Bennion, Mat D. Duerden, Mark A. Widmer, Meagan Ricks

Faculty Publications

During two decades of teaching, we have observed that writing students seem more emotionally honest when their writing class is accompanied by an outdoor recreation component. The ability to take perceived risks is important to both outdoor recreation and writing; thus, we postulated that confidence gained in taking risks in outdoor experiences might affect students’ confidence in taking risks in their reflective writing. In this study, we applied Bandura’s (1997) self-efficacy theory to two classes of writing students, one that included outdoor experience and one that did not. We examined whether participating in outdoor activities would increase the self-efficacy of …

A Theory Of Structured Experience, Gary D. Ellis, Patti A. Freeman, Tazim Jamal, Jingxian Jiang

Faculty Publications

We extend Duerden, Ward, and Freeman’s [2015. “Conceptualizing Structured Experiences.” Journal of Leisure Research 47 (5): 601– 620] ‘structured experience’ framework by proposing a formal theory of structured experiences. The theory advances propositions about how leisure service providers may structure environments and interactions to facilitate specific subjective experiences for guests and participants. Following the Duerden, Ward, and Freeman (2015) paper, the theory of structured experience is an integration of literature from leisure studies, tourism, and marketing. Formal definitions are provided for four co-created subjective experiences: immersion, absorption, engagement, and deep structured experience. Propositions about specific strategies providers can use to …

Psychological Resilience Can Help Combat The Effect Of Stress On Problematic Social Networking Site Usage, Xiang-Ling Hou, Hai-Zhen Wang, Cheng Guo, James Gaskin, Detlef H. Rost, Jin-Liang Wang

Faculty Publications

This study was aimed to test the association between perceived stress and problematic social networking site (SNS) usage, and to figure outwhether psychological resiliencemoderated this relationship. The Perceived Stress Scale, Connor-Davidson Resilience Scale, and Facebook Intrusion Questionnaire were administered to 499 Chinese college students. The results showed that (1) perceived stress was positively associated with problematic SNS usage; (2) psychological resiliencewas negatively relatedwith problematic SNS usage; and (3) psychological resilience moderated the relationship between perceived stress and problematic SNS usage. Specifically, the relationship between perceived stress and problematic SNS usage was statistically significant for students with a lower level of …

The Effects Of Gamification On Corporate Compliance Training: A Field Experiment Of True Office Anti-Corruption Training Programs, Ryan J. Baxter, D. Kip Holderness, David A. Wood

Faculty Publications

Companies rely on internal controls to comply with the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. One such control is anti-corruption employee training. Although corporate training is a key component of anti-fraud policies and procedures, it is often perceived as dull by employees. To motivate greater engagement, firms are experimenting with training that involves elements of digital games, known as gamification. We perform a field experiment with 158 employees of a large, multinational bank to examine the effectiveness of gamified anticorruption training. We find that employees strongly prefer gamified training to traditional, nongamified training and that gamified …

The Internet As An Information Intermediary, Michael S. Drake, Jacob Thornock, Brady J. Twedt

Faculty Publications

The internet is an enormous and growing source of information for investors about the opinions of others. Virtually any individual with internet access can express opinions about firms and editorialize about company news. However, to date we know very little about the impact these nontraditional internet intermediaries have on markets. We develop a framework wherein internet information intermediaries fall along a spectrum of professionalism and document a nuanced relationship between coverage by these intermediaries and capital market effects. Using a novel dataset that tracks coverage of companies by individuals posting on thousands of websites, we find that coverage by professional …

Irs Attention, Zahn Bozanic, Jeffrey L. Hoopes, Jacob Thornock, Braden M. Williams

Faculty Publications

We study how public and private disclosure requirements interact to influence both tax regulator enforcement and firm disclosure. To capture IRS enforcement activities, we introduce a novel data set of IRS acquisition of firms’ public financial disclosures, which we label IRS attention. We examine the implementation of two new disclosure requirements that potentially alter IRS attention: FIN 48, which increased public tax disclosure requirements, and Schedule UTP, which increased private tax disclosure. We find that IRS attention increased following FIN 48 but subsequently decreased following Schedule UTP, consistent with public and private disclosure interacting to influence tax enforcement. We next …

Structural Covariance Of Sensory Networks, The Cerebellum, And Amygdala In Autism Spectrum Disorder, Garrett Cardon, Susan Hepburn, Donald C. Rojas

Faculty Publications

Sensory dysfunction is a core symptom of autism spectrum disorder (ASD), and abnormalities with sensory responsivity and processing can be extremely debilitating to ASD patients and their families. However, relatively little is known about the underlying neuroanatomical and neurophysiological factors that lead to sensory abnormalities in ASD. Investigation into these aspects of ASD could lead to significant advancements in our general knowledge about ASD, as well as provide targets for treatment and inform diagnostic procedures. Thus, the current study aimed to measure the covariation of volumes of brain structures (i.e., structural magnetic resonance imaging) that may be involved in abnormal …

Indigenous Knowledge System And Decolonizing Methodology Interwoven Into Higher Education Experiences: Autoethnography, Franklin Sage

Theses and Dissertations

What ways can Indigenous Knowledge and Diné Knowledge Systems be useful in autoethnography doctoral research? This dissertation uses Indigenous Research Methodology and autoethnography to make use of storytelling from the Navajo Creation Story and Navajo Circular Model to examine the educational experiences of Native Americans in higher education. A Navajo Circular Model was developed to provide a visual guide of the Indigenous Research process utilizing various Navajo traditional elements. This dissertation highlights federal policies that changed the course of Native American education. The results are in autoethnography that reveals how cultural identity, names, dislocation from home, financial barriers and racism …