Digital Commons Network^™

Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars

Faculty Scholarship

This brief paper, created as part of a training on new technologies and evidence for MCLE New England, outlines the standards used to compel disclosure of information under the Stored Communication Act, and reviews the types of data stored on various consumer devices and their likely custodians, as well as cases and notes relevant to each devices. The paper serves as a quick introduction and checklist for those considering gathering information from these devices in the course of investigations in Massachusetts. The devices outlined include cell phones, social media platforms, secure messaging services, fitness trackers, home assistant devices (or "smart …

Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Military medical ethics has been challenged by the post-11 September 2001 ‘War on Terror’. Two recurrent questions are whether military physicians are officers first or physicians first, and whether military physicians need a separate code of ethics. In this article, we focus on how the War on Terror has affected the way we have addressed these questions since 2001. Two examples frame this discussion: the use of military physicians to force-feed hunger strikers held in Guantanamo Bay prison camp, and the uncertain fate of the Department of Defense’s report on ‘Ethical Guidelines and Practices for US Military …

The Pathologies Of Digital Consent, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Consent permeates both our law and our lives — especially in the digital context. Consent is the foundation of the relationships we have with search engines, social networks, commercial web sites, and any one of the dozens of other digitally mediated businesses we interact with regularly. We are frequently asked to consent to terms of service, privacy notices, the use of cookies, and so many other commercial practices. Consent is important, but it’s possible to have too much of a good thing. As a number of scholars have documented, while consent models permeate the digital consumer landscape, the practical conditions …

Regulatory Monitors: Policing Firms In The Compliance Era, Rory Van Loo

Faculty Scholarship

Like police officers patrolling the streets for crime, the front line for most large business regulators — Environmental Protection Agency (EPA) engineers, Consumer Financial Protection Bureau (CFPB) examiners, and Nuclear Regulatory Commission (NRC) inspectors, among others — decide when and how to enforce the law. These regulatory monitors guard against toxic air, financial ruin, and deadly explosions. Yet whereas scholars devote considerable attention to police officers in criminal law enforcement, they have paid limited attention to the structural role of regulatory monitors in civil law enforcement. This Article is the first to chronicle the statutory rise of regulatory monitors and …

Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, Michael C. Harper

Faculty Scholarship

When viewed flexibly, not to find doctrinal rules, but rather to find insight from judges' collective judgment on social values, the common law may have particular value for modern policy makers. For instance, a common law insight could set policy makers in both the United States (U.S.) and the United Kingdom (U.K.) on a promising path for defining when workers are to be protected and benefitted by employment statutes. That insight reflects the underlying rationale for the common law that made relevant the initial distinction between employees and independent contractors - the common law of vicarious liability through respondeat superior. …

Law, Technology And Patient Safety, Kathryn Zeiler, Gregory Hardy

Faculty Scholarship

Medical error is the third leading cause of death in the United States, In an effort to increase patient safety, various regulatory agencies require reporting of adverse events, but reported counts tend to be inaccurate. In 2005, in an effort to reduce adverse event rates, Congress proposed a list of “never events,” adverse events, such as wrong-site surgery, that should never occur in hospitals, and authorized CMS to refuse payment for care required following such events. CMS has since pushed for further regulation, “such as putting more payment at risk, increasing transparency, increasing frequency of quality data reviews, and stepping …

Norepinephrine Induces Macrophage Polarization Critical To Eliciting Renal Fibrogenesis, Hannah Manoj

Undergraduate Research Symposium Posters

Renal denervation before ischemic injury has been shown to protect against fibrogenesis and the inflammatory response, which are two causes for the progression of chronic kidney disease. However, the administration of norepinephrine (NE) to denervated renal systems induced fibrogenesis and inflammation after ischemic injury. Our previous data indicates that NE-mediated stimulation of the α2-AR receptors is responsible for regulating several of the processes implicated in fibrogenesis and inflammation, including the accumulation, migration, and infiltration of macrophages to the site of injury; this is especially relevant as macrophages have been implicated as one potential cause for the inflammatory response.

Recent studies, …

Authoritarian Parenting Predicts Callous-Unemotional Behaviors In Preschoolers, Ara Nazmiyal, Alli Hollender

Undergraduate Research Symposium Posters

Callous-unemotional behaviors, such as lack of empathy and guilt, are critical in understanding the development of certain mental pathologies. Studies have found that these traits are risk factors for disorders such as sociopathy and psychopathy. Virtually no studies have examined callous behaviors in the preschool period. The purpose of this study was to examine parenting characteristics that predict preschoolers’ greater callous-unemotional behaviors. This study examined data from the PCIT-ED study, a randomized control trial (RCT) of a novel treatment for depression for children aged 3.11-6.11 years old (N = 240). Callous behaviors were assessed by previously validated measures such …

University Assessment Services, National Survey Of Student Engagement: Student Comments, 2019, Illinois State University

Student Success

National Survey of Student Engagement (NSSE) Student Comments Report on the question: "Please describe the most significant experience you have had so far at this institution." Administered by University Assessment Services, Illinois State University. 2019.

University Assessment Services, Beginning College Survey Of Student Engagement: First-Year Student Institutional Report, 2019, Illinois State University

Student Success

Beginning College Survey of Student Engagement (BCSSE) First-Year Student Institutional Report, University Assessment Services, Illinois State University, 2019.

University Assessment Services, Beginning College Survey Of Student Engagement: Transfer Student Institutional Report, 2019, Illinois State University

Student Success

Beginning College Survey of Student Engagement (BCSSE) Transfer Student Institutional Report, University Assessment Services, Illinois State University, 2019.

University Assessment Services, National Survey Of Student Engagement: High-Impact Practices, 2019, Illinois State University

Student Success

National Survey of Student Engagement (NSSE) Report on High-Impact practices. Administered by University Assessment Services, Illinois State University. 2019.

Religion In Incarcerated, Jewish, Female Inmates, Marcia Janine Kesner

Theses and Dissertations

This study explored the role religious belief and practice played amongst Jewish, female inmates during their incarceration. A group of ten correctional chaplains who work with Jewish, female, inmates and a comparison group of ten chaplains who work with Protestant, female inmates were interviewed. The study determined the reasons for and benefits of religious observance among these inmates and included assisting in dealing with fear, providing a sense of peace, and deceitful motives for personal gains. Religious practice also assisted inmate populations in healing from trauma, improving self-respect and self-esteem, building support systems, and additionally for Jewish, female inmates constructing …

Assessment Technologies Institute Test Results And Blended Experiences For Senior Community Health Nursing Students, Linda Lou Lacomb-Williams

Theses and Dissertations

The purpose of the study was to examine the relationship between senior community health nursing students’ ATI test scores and their clinical community health nursing experiences, either in-country or out-of-country. The ATI test results are a reliable predictor of whether the student will pass their nursing board exams (NCLEX-RN). The study also examined whether the two groups of students reported any similarities and differences in their sense of confidence or transcultural self-efficacy and conceptual knowledge and their clinical experiences. ATI test scores were reviewed for the two groups. Focus groups were held to discuss any similarities or differences in the …

Effects Of A Sensory Diet On Attention And Participation In Children With Autism, Leighanne Smith-Mrkaja

Theses and Dissertations

This applied dissertation was designed to provide initial knowledge regarding sensory diets and sensory-based interventions. The need for classroom-based sensory interventions are not always considered, especially with the high number of students diagnosed with ASD at the researcher’s school. Often sensory intervention may not be considered educationally relevant, especially in the prekindergarten level. With the proper training and materials, as well as the guidance of the school-based occupational therapist, teachers, other therapists, classroom assistants, parents, and school-based staff might be able to utilize sensory-based activities like sensory diets to increase participation, positive behaviors, and attention. The following applied research study …

The News Through Facebook: Discovering The Prevalence Of Rape Myths In User Comments, Leigh Anne Clay

Theses and Dissertations

This study attempted to ascertain the prevalence value of rape myths located within social media user comments on the website Facebook. Research using existing Internet-based comments may provide insight into current attitudes and beliefs surrounding sexual violence. Using a quantitative content analysis, this study gauged the prevalence of rape myths in user comments by referencing a preset code list created with rape myths from the Acceptance of Modern Myths About Sexual Aggression scale (AMMSA) and the Updated Illinois Rape Myth Acceptance Scale (IRMA) and by locating emergent codes in the dataset.

Early Childhood Educators’ Perceptions Of Using Conscious Discipline To Promote Executive Function Development In Preschool Students: A Case Study, Annette C. Oswald-Hunt

Theses and Dissertations

This applied dissertation was designed to explore teacher perceptions of the use of Conscious Discipline in the classroom to promote desirable behaviors and influence the development of EF skills in children. Using self-assessment surveys, qualitative interviews, and direct observations, the researcher explored teacher perceptions of the use of Conscious Discipline as a behavioral management system to develop EF in preschool children.

Conscious Discipline is an emotional intelligence behavior-management system that promotes desirable behaviors in children, embracing those skills found in the prefrontal lobes of the brain, which control the mechanism for self-regulation and problem-solving skills. Conscious Discipline promotes the development …

The Prevalence Of Hate Crimes Motivated By Sexual Orientation In Florida After The U.S. Supreme Court Legalization Of Same-Sex Marriages, Shawntozi Campbell

Theses and Dissertations

Research on the dynamics of violence has revealed that crimes involving a prejudicial motive often occur in close temporal proximity to a galvanizing event such as elections, terrorist attacks, or unprecedented Supreme Court decisions. Given the particularly contested nature of marriage policy, it is not inconceivable that same-sex marriage recognition might incite retaliatory violence. Same-sex couples were granted the right to marry by the United States Supreme Court in June of 2015. By June 2016, Orlando, Florida experienced the “deadliest incident of violence against LGBTQ people in U.S. history,” after a mass shooting at Pulse nightclub resulted in the death …

Research And Graduate Studies Annual Report, 2019, Office Of Research And Graduate Studies, Illinois State University

Research and Graduate Studies Annual Report

No abstract provided.

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …

How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein

Articles

For much of this nation's history, the vast majority of people have believed that being married to more than one person at the same time is deeply problematic. Further, polygamous marriage has never been legal in the United States. Despite this, some people have been in plural or group relationships and some of these people have wished to gain legal recognition for these relationships. The arguments for recognizing such relationships are persuasive, but the prospects for legalization of polygamous marriage seem slim in the near future. This Article offers a suggestion of how the law of domestic relations might deal …

Glutamate Afferents From The Medial Prefrontal Cortex Mediate Nucleus Accumbens Activation By Female Sexual Behavior, Kelsey M. Moore, Wyatt L. Oelberg, Rose Glass '17, Matthew D. Johnson, Laura Been

Psychology Faculty Scholarship

No abstract provided.

Just Preservation, Adrian Treves, Francisco J. Santiago-Ávila, William S. Lynn

Animal Sentience

We are failing to protect the biosphere. Novel views of conservation, preservation, and sustainability are surfacing in the wake of consensus about our failures to prevent extinction or slow climate change. We argue that the interests and well-being of non-humans, youth, and future generations of both human and non-human beings (futurity) have too long been ignored in consensus-based, anthropocentric conservation. Consensus-based stakeholder-driven processes disadvantage those absent or without a voice and allow current adult humans and narrow, exploitative interests to dominate decisions about the use of nature over its preservation for futurity of all life. We propose that authentically non-anthropocentric …

Persistent Regulations: A Detailed Assessment Of The Trump Administration's Efforts To Repeal Federal Climate Regulations, Jessica A. Wentz, Michael B. Gerrard

Faculty Scholarship

This paper takes a critical look at what the Trump administration has actually accomplished in terms of repealing and modifying greenhouse gas emission standards and otherwise advancing its pro-fossil fuel agenda. As detailed herein and summarized in Figures 1 and 2, the scope of the efforts taken pursuant to this agenda is extremely broad – there are dozens of different deregulatory actions underway at various agencies, most notably the Environmental Protection Agency (EPA). But in most cases, the pace of these efforts has been quite slow. This is particularly true for efforts to repeal or revise major regulations like the …

From A "Culture Of Unwellness" To Sustainable Advocacy: Organizational Responses To Mental Health Risks In The Human Rights Field, Margaret Satterthwaite, Sarah Knuckey, Ria Singh Sawhney, Katie Wightman, Rohini Bagrodia, Adam Brown

Faculty Scholarship

This Article presents findings from a qualitative study of how individual human rights advocates perceive well-being and mental health issues within the human rights field, and how human rights organizations in all regions of the world are responding to well-being concerns. The findings are based on an analysis of 110 interviews, which include advocates at 70 human rights organizations from 35 countries and more than three dozen experts; surveys of organizational policies and practices; desk research concerning well-being and mental health; and the experiences of the coauthors working as human rights practitioners with non-governmental organizations (“NGOs”) around the world.

Deliberation's Demise: The Rise Of One-Party Rule In The Senate, Kathleen Clark, Tiefer Charles

Scholarship@WashULaw

Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of …

Political And Non-Political Speech And Guns, Gregory P. Magarian

Scholarship@WashULaw

Constitutional rights depend on justifications. Some combination of theory, his- tory, and practical reasoning needs to establish why and to what extent a given right warrants legal protection. The justifications that courts and theorists articulate for a given right determine the right’s breadth and the specific contours of its protection. Justification has particular importance at the formative stage of a newly recognized constitutional right. At present, courts are building doctrine around the Second Amendment “right of the people to keep and bear Arms,”1 recognized as an individ- ual right just over a decade ago in District of Columbia v. Heller.2 …

Data-Driven Constitutional Avoidance, Gregory P. Magarian, Lee Epstein, James L. Gibson

Scholarship@WashULaw

This article uses a case study to explain how empirical analysis can promote judicial modesty. In Matal v. Tam, the U.S. Supreme Court invoked the First Amendment to strike down the Lanham Act's bar on federal registration of "disparaging" trademarks. The Tam decision has great constitutional significance. It expands First Amendment coverage into a new field of economic regulation, and it deepens the constitutional prohibition on viewpoint-based speech regulations. This article contends that empirical analysis could have given the Court a narrower basis for the Tam result, one that would have avoided the fraught First Amendment issues the Court decided. …

How To Save The Supreme Court, Daniel Epps, Ganesh Sitaraman

Scholarship@WashULaw

The consequences of Justice Brett Kavanaugh’s Supreme Court confirmation are seismic. Justice Kavanaugh, replacing Justice Anthony Kennedy, completes a new conservative majority and represents a stunning Republican victory after decades of increasingly partisan battles over control of the Court. The result is a Supreme Court whose Justices are likely to vote along party lines more consistently than ever before in American history. That development gravely threatens the Court’s legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court’s ability to render impartial justice, the Court’s power to settle important questions of law will be in …

Teacher For The Nation, Daniel Epps

Scholarship@WashULaw

In these brief remarks, delivered at the Hastings Law Journal's Symposium on the Jurisprudence of Justice Kennedy, I discuss Justice Kennedy's impact on American law. I reflect on the events that led to Justice Kennedy's appointment to the Supreme Court and discuss his vision of the Justices as teachers for the nation and how that vision seems to have informed his view of judicial review.