Digital Commons Network^™

Industry Lobbying And 'Interest Blind' Access Norms At International Organizations, Melissa (M.J.) Durkee

Scholarship@WashULaw

The standard approach of many international organizations (IOs) to non-governmental associations makes no formal distinctions between nonprofit private sector groups, known as trade or industry associations, and public interest groups. Thus, most IOs offer accreditation and access to both kinds of group on equal terms, without differentiating between them. I call this approach “interest blind” and use this short essay to examine its origins and consequences. Specifically, the approach has resulted in robust participation in international governance by industry and trade lobbying groups, which can affect the quality of deliberation at IOs and of the information that international officials and …

Introduction To Symposium On Industry Associations In Transnational Legal Ordering, Melissa (M.J.) Durkee, Gregory Shaffer

Scholarship@WashULaw

As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry associations influence and shape law as part of transnational legal processes, potentially giving rise to transnational legal orders.

Predicting Stream Vulnerability To Urbanization Stress With Bayesian Network Mode, Dave Owen, Kristen K. Weil, Christopher S. Cronen, Spencer R. Meyer, Robert J. Lilieholm, Thomas J. Danielson, Leonidas Tsomides

Faculty Scholarship

No abstract provided.

Administrator-In-Chief: President And Executive Action In Immigration Law, Ming Hsu Chen

Faculty Scholarship

This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actions strengthens the legacy of the policies when corifronted regarding their substance. This emphasis on shoring up administrative procedure is a form of expertise that should be counted …

Youth Incarceration, Health, And Length Of Stay, Thalia Gonzalez

Faculty Scholarship

For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often exceed evidence-based timelines, as well as a state’s own guidelines and criteria. This occurs despite a large and growing body of empirical research that documents the health status of system-involved youth and the association between incarceration during adolescence and the range of subsequent health and mental health outcomes in adulthood. …

Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny. In the criminal system, the near absence of any pretrial discovery means …

Perceptions Of Contributions Of Business Coaches To Female Entrepreneurial Success, Tracy I. Timberlake

Theses and Dissertations

Although coaching has seen tremendous growth and success, it is still regarded as controversial because there is no governing body that oversees coaches or the coaching industry. In this manner, the industry has not achieved uniformity, therefore is under much scrutiny with regards to the validity of the industry as a whole. With female entrepreneurship on the rise, many industry personnel are hiring business coaches to teach them the business building skills they need to start their solo ventures. This study aimed to understand the perceptions of the one-on-one business coaching experience from the perspective of the client. Because there …

Success Factors Of Women In Leadership Roles And Breaking Through The Glass Ceiling: A Phenomenological Qualitative Study, Heidi Richards

Theses and Dissertations

While literature that which focuses on the barriers that women encounter to grow in their careers exists, there seems to be a lack of research focusing on the success factors that positively impact women in leadership roles and their ability to break through the glass ceiling. The information provided in this phenomenological qualitative study is twofold. This study explored the experiences of female leaders to assist with empowering and guiding women who want to grow in their careers, as well as to allow women already in leadership roles to recognize the challenges they may encounter, along with how they can …

An Investigation Into The Self-Efficacy Of Jamaican Preservice Teachers For Working In Inclusive Classrooms, Sharon A. Anderson Morgan

Theses and Dissertations

The aim of this applied dissertation was to examine changes in the self-efficacy of preservice teachers on completion of a special needs course and to determine whether there is a correlation between self-efficacy and several demographic variables. Studies conducted in several countries revealed that, despite participation in a special needs course, preservice teachers often expressed low levels of confidence for the inclusion of students with special needs in their general education classrooms. Because there is not much research in the Caribbean on this subject, this study sought to further explore this issue within a different cultural context. The case study, …

A Replication Study: 20 Years Later Correctional Officers: How Do They Perceive Sexual Offenders?, Kimberlie Massnick

Theses and Dissertations

Correctional officers represent a large, influential group working within the criminal justice system; as such they have long attracted the interest of social scientists. These professionals, their attitudes towards inmates and the impact of these attitudes, have received scrutiny, especially since Zimbardo’s (1973) study of a mock prison, commonly referred to as the Stanford Prison Experiment. When compared to other professionals within the criminal justice system, correctional officers are often the least empathic, the most punitive, and the least supportive of rehabilitation. These potential attitudes this is unfortunate since correctional officers are ideally placed to improve the social atmosphere of …

Emotions, Intuitions And Risk Perception In Critical Care, Oleksandr Dubov

Electronic Theses and Dissertations

The theory of decision-making as it applies to bioethics and healthcare assumes a rational decision maker: someone who knows all his alternatives, has clear preferences, can rank and weigh risks and benefits of an intervention, and always acts in his own best interests. However, the growing body of research from the field of decision science shows that, in reality, such a purely rational decision maker does not exist. Instead, patients are rational within personal or environmental constraints such as uncertainty or ambiguity in which non-rational approaches such as emotion and intuition are instrumental. This issue is particularly important in critical …

“Forming Ranks”: The Impact Of Negative-Destructive Leadership In The Aftermath Of Military Sexual Assault And Reporting, Jessica Payton

Electronic Theses and Dissertations

Military leaders play central roles in responding to sexual assault in the military social ecology, yet their impacts on victims’ post-assault and reporting experiences remain understudied. Using standpoint epistemology and a military-specific social ecological approach, this two-stage project investigated how military leaders impacted survivors’ post-assault and reporting experiences, as well as their experiences with military peers, community resources, and justice and separation processes. Data were gathered through an initial focus group with eight subject matter experts in advocacy, legal work, and policy reform, followed by subsequent in-depth individual interviews with eight female survivors of military sexual assault, seven of whom …

Scientific Uncertainty And The Animal Sentience Precautionary Principle, Michael L. Woodruff

Animal Sentience

Jonathan Birch offers the animal sentience precautionary principle (ASPP) as a framework for assigning sentience to animals. In doing this, he defines a BAR which when crossed will lead to action (ACT) and implementation of the ASPP. His effort to create a clear empirical basis for implementation of the precautionary principle in the area of animal welfare regulation is important. I argue, however, that his BAR is so low that the evidence supporting ACT is in danger of being overwhelmed by the problems of induction and the underdetermination of theory by evidence. If this happens, policy makers might well disregard …

An Organizational Ethics Framework To Balance Individual Privacy And Population Interests Regarding Genetic Technologies, Christine Trani

Electronic Theses and Dissertations

The American culture holds the right to privacy as one of the most esteemed rights for individuals. As such, the culture adamantly defends the right to privacy to ensure individuals have the opportunity to live freely. In the American healthcare system, the right to privacy is critical for individual autonomy. However, genetic science has pushed this boundary as it emphasizes the interdependency between individual and population health. Genetic technologies for healthcare have been increasing at an exponential rate since the early 2000s. Their implantation into clinical care has been a slower process due to ethical dilemmas. Specifically, ethical dilemmas revolve …

The Normative Approach Of The Catholic Tradition In The Ethical And Religious Directives For Resolving Ethical Dilemmas Regarding Medical Technology, David G. Garvis

Electronic Theses and Dissertations

The dissertation engages the Catholic Tradition enunciated in the Ethical and Religious Directives for Catholic Health Care Services to provide a normative approach for resolving ethical dilemmas regarding pivotal breakthroughs in medical technology.

This normative ethical approach has two components: a normative framework for Catholic health care ethics that adopts practical ethical principles as enunciated in the Ethical and Religious Directives (Chapter 2) and secular decision-making models in organizational and clinical ethics that are consistent with the Catholic Tradition (Chapter 3).

At the end of the theoretical analysis in these chapters, the conclusion to Chapter 3 explains how this normative …

Anecdotes Can Be Evidence Too, Heather Browning

Animal Sentience

Birch’s criterion for the precautionary principle imposes a high evidential standard that many cases will fail to meet. Reliable, relevant anecdotal evidence suggestive of animal sentience should also to fall within the scope of the precautionary principle. This would minimize potential suffering (as happened in the case cephalopods) while further evidence is gathered.

Clients' Experiences Of Recovery-Oriented Care For Schizophrenia: A Qualitative Research Study, Sarah A. Hamilton

Electronic Theses and Dissertations

A recovery model of care has been widely accepted and instituted both in the U.S. and internationally, but research suggests that the model has not been employed uniformly. While existing research has focused on creating consensus regarding application of the model, the lived experience of those receiving the care has not yet been considered. In order to address this gap, the present study proposed a qualitative analysis of mental health consumers’ experiences of recovery-oriented care for schizophrenia. Potential participants were recruited through a Regional Mental Health Board and the author individually interviewed four participants in semi-structured interviews. A qualitative analysis …

Trusting Big Data Research, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Although it might puzzle or even infuriate data scientists, suspicion about big data is understandable. The concept doesn’t seem promising to most people. It seems scary. This is partly because big data research is shrouded in mystery. People are unsure about organizations’ motives and methods. What do companies think they know about us? Are they keeping their insights safe from hackers? Are they selling their insights to unscrupulous parties? Most importantly, do organizations use our personal information against us? Big data research will only overcome its suspicious reputation when people can trust it.

Some scholars and commentators have proposed review …

Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn

Scholarship@WashULaw

Allegations of bias in administrative environmental decisions are common and seemingly increasing because of the significant economic and political interests in many disputes. From high profile national oil spills to local land use matters, parties to environmental proceedings allege conflicts of interest, favoritism, prejudgment of outcomes, comingling of prosecutorial and adjudicatory functions, ex parte communications, and improper political influence. Where bias occurs, it can significantly impact the implementation and enforcement of environmental laws. Biased proceedings can undermine the goals of environmental laws by causing prejudiced decisions not grounded in law or fact, ultimately harming public health and the environment. The …

Antitrust Precedent & Anti-Fraternity Sentiment: Revisiting Hamilton College, Jared S. Sunshine

Campbell Law Review

Over a decade ago, Prof. Mark Bauer wrote an article exploring the antitrust implications of a small college’s decision to forbid fraternities from competing in the student housing market and the ensuing litigation. Expanding this line of research, several key holdings—despite contrary antitrust doctrine elsewhere—have granted universities broad authority to control the residential choices of their students qua consumers, bespeaking a unique relationship between university and student to which the fraternity is an interloper. These core cases casually allude to the ostensibly defunct doctrine of in loco parentis, under which colleges were once seen as proxy parents to their pupils, …

Better To Play Dead: Examining North Carolina's Living Probate Law And Its Potential Effect On Testamentary Disposition, Kyle Frizzelle

Campbell Law Review

On August 11, 2015, North Carolina became the fifth state in the nation to permit a “living probate" proceeding. Like the laws of the four states before it, the new North Carolina law empowers a court to decide the validity of an individual’s will while that individual is still alive. Generally, if the court determines the will is valid, that order is binding. In North Carolina, however, it may not be. In this state, an interested party may challenge a will after the testator has died, even though a court has already found the will valid based on evidence presented …

A Plea To North Carolina: Bring Fairness To The Assessment Of Civil Battery Liability For Defendants With Cognitive Disabilities, Johnny C. Chriscoe

Campbell Law Review

In certain instances, the courts appear to apply the law of civil battery in a confused and unfair manner to defendants with cognitive disabilities. In cases where there is the "appearance" of a civil battery-where the defendant causes harmful or offensive contact to the plaintiff-courts appear to assume the existence of the requisite intent and, accordingly, the commission of the tort. As justification, the courts frequently offer that "the insane are liable for their torts."

This Article agrees that a cognitive disability, or "insanity " to employ the terminology often used by the courts, is not an affirmative defense to …

Employment And Diversity-Based Visas: Why Birthright Citizenship Is Not All That Is Wrong With America's Immigration System, Cassidy Cloninger

Campbell Law Review

As the American immigration system presently operates, various incongruities exist for those seeking to permanently immigrate to the United States. Requirements and processing times differ greatly depending on an individual's home country and the type of relationship the individual has with a U.S. sponsor (e.g., familial vs. employment based). For example, as of December 2016, the most recent application under review for brothers and sisters of U.S. citizens from the Philippines is from May 22, 1993, while the EB-5's employment-based visa processing date for investors from the Philippines is listed as "Current." Consider the hypotheticals of Maria Guinto and Maricris …

Australian Best Practices - A Comparison With The United Kingdom And The United States, Peter A. Joy, Adrian Evans, Anna Cody, Jeff Giddings, Mary Anne Noone, Simon Rice

Scholarship@WashULaw

This chapter, from the book "Australian Clinical Legal Education" compares efforts in Australia, the United Kingdom, and the United States to establish best practices or standards in clinical legal education and the resulting best practices that were developed. The material in this chapter may aid faculty teaching clinical courses in other countries as they consider whether to develop their own best practices in light of their cultures, legal institutions, and systems of legal education.

Loving The Sinner: Evangelical Colleges And Their Lgb Students, Elizabeth J. Hubertz

Scholarship@WashULaw

In his Obergefell dissent, Chief Justice Robert wrote: “Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage.” This article looks at one of those hard questions - the relationship between evangelical colleges and their LGB students.

As religious institutions, evangelical colleges have authority to freely exercise their faith. They exercise this freedom by maintaining sexual conduct codes which prohibit homosexual practice or behavior by their students. Despite the existence of these codes, evangelical colleges have, and most likely always will have, sexual minority students. While …

Knowledge Of Forest Ecosystem Among Forest Guards In Southern Nigeria, Norris I. Erhabor

Journal of Bioresource Management

Undertaken study assessed the level of ecological knowledge among forest guards in southern Nigeria. Descriptive survey research design was used for study. A structured questionnaire was administered to 60 respondents that are employed by forest guards system. Central question the study attempts to answer is the level of knowledge of the ecosystem among forest guards. Analysis of data revealed that forest guards have inadequate knowledge of ecosystem. Calculated mean score of respondents was 14.25. This mean score is lower than theoretical mean of 16 (80%). A binomial test revealed that fairly high number of respondents had inadequate knowledge of …

Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall

Faculty Scholarship

No abstract provided.

Latinos And The Internal Revenue Code: A Tax Policy Primer For The New Administration, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochrane, Alicia Corbett

Faculty Scholarship

No abstract provided.

Auctions, Taxes, And Air, Dave Owen

Faculty Scholarship

No abstract provided.