Digital Commons Network^™

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 …

Heading Off A Cliff? The Tax Reform Man Cometh, And Goeth, Michael J. Graetz

Faculty Scholarship

The major tax policy challenge of the 21st century is the need to address the nation’s fiscal condition fairly and in a manner conducive to economic growth. But since California adopted Proposition 13 nearly forty years ago, antipathy to taxes has served as the glue that has held the Republican coalition together. Even though our taxes as a percentage of our economy are low by OECD standards and low by our own historical experience, anti-tax attitudes have become even more important for Republicans politically, since they now find it hard to agree on almost anything else. So revenue-positive, or even …

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 …

The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott

Faculty Scholarship

Rote use of a standard form contract term can erode its meaning, a phenomenon made worse when the process of encrustation introduces various formulations of the term. The foregoing process, when it occurs, weakens the communicative properties of boilerplate terms, leading some terms to lose much, if not all, meaning. In theory, if a clause is completely emptied of meaning through this process it can create a contractual “black hole.” The more frequent and thus potentially more pervasive problem arises when, as the term loses meaning, random variations in language appear and persist, resulting in what we term a “grey …

Attorney-Client Confidentiality: A Critical Analysis, William H. Simon

Faculty Scholarship

Attorney-client confidentiality doctrine is distinguished by its expansiveness and its rigid or categorical form. This brief essay argues that the rationales for these features are unpersuasive. It compares the “strong confidentiality” of current doctrine to a hypothetical narrower and more flexible “moderate confidentiality” and concludes that moderate confidentiality is more plausible. It is unlikely that current doctrine yields benefits that justify its costs.

Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan Sturm, Haran Tae

Faculty Scholarship

This report documents the roles of formerly incarcerated leaders engaged in work related to reducing incarceration and rebuilding communities, drawing on in-depth interviews with 48 of these leaders conducted over a period of 14 months. These “leaders with conviction” have developed a set of capabilities that enable them to advance transformative change, both in the lives of individuals affected by mass incarceration and in the criminal legal systems that have devastated so many lives and communities. Their leadership assumes particular importance in the era of the Trump Presidency, when the durability of the ideological coalitions to undo the failed apparatus …

Policy Readiness For Offshore Carbon Dioxide Storage In The Northeast, Romany Webb, Michael Gerrard

Faculty Scholarship

Reducing the amount of carbon dioxide in the atmosphere is vital to mitigate climate change. To date reduction efforts have primarily focused on minimizing the production of carbon dioxide during electricity generation, transport, and other activities. Going forward, to the extent that carbon dioxide continues to be produced, it will need to be captured before release. The captured carbon dioxide can then be utilized in some fashion, or it can be injected into underground geological formations – e.g., depleted oil and gas reserves, deep saline aquifers, or basalt rock reservoirs – where, it is hoped, it will remain permanently sequestered …

New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash

Faculty Scholarship

In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the “New Policing.” Breaking with a past tradition of “reactive policing,” the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The existing research and scholarship on these developments have focused mostly on the nation’s major cities, where concentrated populations and elevated crime rates provide pressurized laboratories for police experimentation, often in the spotlight of political scrutiny. An additional line of scholarship has looked more closely at how the tactics of the New Policing have …

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.

Cdc’S New Rule To Track And Quarantine Travellers, Dorit Rubinstein Reiss, Y. Tony Yang

Faculty Scholarship

No abstract provided.

Beyond Zero-Sum Environmentalism, David Takacs

Faculty Scholarship

No abstract provided.

A Citizen’S Pathway Gone Astray — Delaying Competition From Generic Drugs, Robin Feldman, Connie Wang

Faculty Scholarship

No abstract provided.

Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin Feldman, Evan Frondorf, Andrew K. Cordova, Connie Wang

Faculty Scholarship

No abstract provided.

A Constitutional Jurisprudence Of Children’S Vulnerability, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

From Business Tax Theory To Practice, Alina S. Ball, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Little Streams And Legal Transformations, Dave Owen

Faculty Scholarship

No abstract provided.