Digital Commons Network^™

The Impact Of Defendant Weight On Mock Jurors’ Evaluations And Case Judgments, Stephanie Henley Weigel

Theses and Dissertations

The main objective of the current study was to extend current knowledge of extralegal factors, weight discrimination, and the culpable control model (CCM) by examining the impact of defendant weight and mock jurors’ sex on negative spontaneous evaluations (NSEs) and courtroom judgments. Explicit and implicit measures of anti-fat attitudes were investigated as mediators. The current study utilized a 3 (defendant weight: overweight, lean, control/no image) x 2 (mock jurors’ sex) between-subjects factorial design. To reduce potential bias and order effects, the study was conducted in two parts. During part one, mock jurors were randomly assigned to one of three conditions …

Disparity Between The Real And The Ideal: How Do Different Health Profession Students View Effective Clinical Preceptors?, Steven Bradley Westereng

Theses and Dissertations

Preceptors overseeing health care students during clinical education are critical to the overall learning experience of the student. Although research has been conducted surrounding the characteristics of effective clinical preceptors from the students’ perspective within specific professions, little research has been done across health care disciplines. Research across health care professions is important because of the increased attention by academic programs on interprofessional education. The purpose of this quantitative study was to determine if there is a difference amongst health care education students’ perceptions as to the characteristics of effective clinical preceptors. This study included participants from six different health …

Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

This article considers the difficulties inherent in the navigation of the legal system and the disability system, difficulties made more complicated when these systems intersect. Although this problem is not a new one, remarkably, it has never been the subject of any legal scholarship. We argue here that it is futile to consider either system to be a uniform one, and that to make any sense of the underlying ambiguities, it is necessary to consider both the potential conflicts both between domestic and international law (using fitness to proceed to trial as a case example), and the conflicts between social …

Privacy's Law Of Design, Ari Ezra Waldman

Articles & Chapters

Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people to do specific things at specific times. And yet, there remains significant disagreement about what privacy by design actually means in practice: we have yet to define its who, what, when, why, and how. Different approaches to privacy by design have tried to answer those questions …

Safe Social Spaces, Ari Ezra Waldman

Articles & Chapters

Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …

The Strings In The Books Ain't Pulled And Persuaded: How The Use Of Improper Statistics And Unverified Data Corrupts The Judicial Process In Sex Offender Cases, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

An examination of a range of judicial decisions involving sexual offender determinations reveals that, frequently, courts rely improperly on inaccurate and under-developed statistics as well as unverified and outdated information. This reliance, too often, underlies rulings that subject the sex offender to significant sanctions and loss of liberty. Additionally, the continuation of the testimonial script that all sex offenders are high recidivists, dangerous, compulsive and untreatable, contributes to the anti-therapeutic effect of shaming and humiliation. This results in isolation, seclusion, lack of dignity; also, it further trivializes the judicial process, and violates the tenants of therapeutic jurisprudence. Despite the “frightening …

There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.

Notwithstanding nearly …

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet

Articles & Chapters

In all fifty states, the State Attorney General (SAG) — as the state’s chief legal officer — is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional — an action scholars describe as “nondefense” — the SAG ordinarily will disclose this decision to the public.

This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus …

Power, Process, And Automated Decision-Making, Ari Ezra Waldman

Articles & Chapters

Many decisions that used to be made by humans are now made by machines. And yet, automated decision-making systems based on “big data” – powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process. This should make algorithmic decision-making an illegitimate source of authority in a liberal democracy. This Essay argues that algorithmic decision-making is a product of the neoliberal project to undermine social values like equality, nondiscrimination, and human flourishing …

Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe

Articles & Chapters

After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …

An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok

Articles & Chapters

New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …

From Chevron To Consent Of The Governed, David Schoenbrod

Articles & Chapters

No abstract provided.

The Temperance Movement's Impact On Adoption Of Women's Suffrage, Richard H. Chused

Articles & Chapters

This paper examines the nature of the Progressive Era and the Prohibition Movement and the important links between the sentiments giving rise to prohibition and those stimulating adoption of suffrage. Though each arose from a somewhat distinct array of reform impulses and overcame varying opposition groups, they were closely related in some ways, supported by overlapping groups of people, advanced by large numbers of women, and, in part, lifted to enactment by similar motivations. Indeed, without the support of many conservative citizens approving both Amendments, it is not clear what the fate of suffrage would have been after World War …

Parenting Adolescents In Today’S World, Alina M. Baltazar

Faculty Publications

No abstract provided.

Remembrances Of Steve Ellmann, Still Present, Susan Abraham, Adele Bernhard, Frank Bress, Carol Buckler, Anna G. Cominsky '05, Anne Goldstein, Lawrence Grosberg, Lisa Grumet, Kim Hawkins, Mariana Hogan, Gowri Krishna, Richard D. Marsico, Howard S. Meyers, Michael L. Perlin, Samantha C. Pownall, Andrew Scherer, Richard Sherwin, Lynn Boepple Su, Claire R. Thomas, Daniel Warshawsky

Articles & Chapters

In Memoriam: Steven Ellmann

To Promote Innovation, Congress Should Abolish The Supreme Court Created Exceptions To 35 U.S. Code Sec. 101, Shahrokh Falati

Articles & Chapters

No abstract provided.

A Guide To Municipal Water Conservation Pricing In Utah, Eric C. Edwards, Sara A. Sutherland

All Current Publications

This fact sheet provides information on the use of price to encourage water conservation in Utah.

Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado

Articles

Offers a new way to see immigration laws and policies namely as instances of originary violence Notes that recent official actions including travel bans family separation and cutbacks in asylum are examples of both originary violence and the ordinary kind Shows how the two are connected and proposes a number of means to attack them

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

Articles

It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …

Antebellum And Postbellum Testamentary Transfers In Three Kentucky Counties Symposium: Empirical Analysis Of Wealth Transfer Law, Alberto B. Lopez

Articles

This Article analyzes wills and inventories probated in three Kentucky counties, Boone, Woodford, and Wayne Counties, between 186 and 187. The results of the study show that married women in the three counties generally did not execute wills during the sample period, which is an expected result given the testamentary limitations imposed upon married women by Kentucky law. Despite dual encumbrances imposed by common and statutory law during the sample period, legislative and judicial action before, during, and after the sampled decade illustrates the advance of women's property rights in Kentucky. The Kentucky General Assembly passed a number of private …

Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Children As Bargaining Chips, Clare Ryan

Articles

The parent- child relationship is one of the most valued and protected relationships in constitutional and family law. At the same time, the state has custodial power over children: a power that is necessary in some cases to protect vulnerable children from danger, neglect, and abandonment. But because the parent-child bond is so powerful, state actors can be tempted to exploit it for their own purposes. Custodial power over children provides state actors with the means to put pressure on the parent by threatening to remove the child. In these circumstances, the state uses the child as a bargaining chip …

Lessons From Mexican Folklore: An Essay On U.S. Immigration Policy, Child Separation, And La Llorona, Richard Delgado, Jean Stefancic

Essays, Reviews, and Shorter Works

No abstract provided.

Phenolic Bioactive-Linked Antioxidant, Anti-Hyperglycemic, And Anti-Hypertensive Properties Of Serviceberry And Blackberry, Austin Alexander Espe

Plant Sciences

Production and consumption of edible berries are increasing rapidly in the United States, mostly due to their superior flavor profile, and popular diet-related value with their human health relevant bioactives and nutritional benefits. However, bioactive and nutritional qualities, especially human health protective phenolic antioxidants and associated non-communicable chronic disease (NCD) relevant health benefits of berries vary widely among accessions/cultivars and due to different production practices (organic vs conventional). Therefore, the aim of this thesis was to screen and select high phenolic and high antioxidant serviceberry and blackberry accessions/cultivars and to investigate the effect of different weed management and fertilization (organic …

Evaluation Of Management Tools For Stripe Rust In Hard Red Spring Wheat And Assessment Of Virulence Phenotypes And Aggressiveness In Puccinia Striiformis Isolates, Bryn Anndi Evin

Plant Sciences

Stripe rust, caused by Puccinia striiformis f. sp. tritici (Pst), is an economically important foliar disease of wheat (Triticum aestivum). In the last decade, losses from stripe rust in North Dakota (ND) have increased, peaking at 5% in 2015. Three research studies were conducted to address questions on the pathogen, varietal resistance, and integrated management. The objective of the first study was to (i) identify virulent phenotypes of Pst isolates collected from ND from 2015 to 2017 and assign races, and (ii) determine the effect of temperature on in vitro urediniospore germination, latency, and lesion spread. Across the three years, …

Transfer Of Fusarium Head Blight Resistance To Hard Red Winter Wheat, Hongbin Tao

Plant Sciences

Fusarium head blight (FHB; caused by Fusarium graminearum Schwabe) is a serious disease of hard red winter wheat (HRWW) in North Dakota. Current varieties are lacking in resistance. Many resistance quantitative trait loci (QTL) were discovered in spring wheat that can be employed in HRWW. The North Dakota State University breeding program aims to acquire and pyramid useful FHB resistance QTL into its breeding population. Therefore, hybrid populations derived from CM82036 (Fhb1 and Qfhs.ifa-5A), PI277012 (Qfhb.rwg-5A.1 and Qfhb.rwg-5A.2), Frontana (Qfhs.ifa-3A), and TA5660 (Fhb6) were tested for type II resistance to: derive new FHB resistant HRWW lines with pyramided QTL (Fhb1+) …

Simulated Hail Damage On Spring Canola (Brassica Napus L.): Non-Uniform Stand Reduction And Stem Cut-Off, Jonathan Curtis Vollmer

Plant Sciences

Hail damage in canola has been characterized with symptoms such as randomly broken stems and loss of plants. The effect on stand reduction and stem cut-off in canola has yet to be addressed. Two separate experiments, stand reduction and stem cut-off, were conducted at six environments using a factorial arrangement, with four growth stages and five levels of intensity as the two factors, and four replications for each treatment. Data on seed yield, seed oil, and seed protein from each plot of five environments, and yield contributing traits from twenty plants per treatment from four environments were taken. Seed yield …

Relay-Sowing Soybean Into Established Winter Annual Cover Crops, Nicholas James Steffl

Plant Sciences

Cover crop acreage continues to increase as soil, grazing, and ecosystem benefits become better known. The profit aspect of sustainability could be improved by producing intersown cover crops with an added commodity value. Objectives of this research were to determine if field pennycress, winter camelina, and winter rye could act as effective, feasible, intersown cover crops in soybean-soybean-corn, and, corn-soybean-corn crop sequences. Three sowing dates of each crop were established the previous fall, and soybean, relay-sown the following spring at Prosper and Casselton, ND. Experimental design was a 10 treatment, four replicate, randomized complete block with a 3×3 factorial arrangement, …

Integrating Faba Bean (Vicia Faba Roth) Into Cropping Systems As A Cover Crop, Intercrop, And Late-Season Forage Compared With Other Legume Cover Crops In The Upper Midwest, Bryce James Andersen

Plant Sciences

Faba bean (Vicia faba Roth) is grown worldwide as a protein source for food, used for animal feed, and is a common cover crop in Europe, but is underutilized in Midwest farming systems. Faba bean, field pea (Pisum sativum L.), and forage pea were evaluated for biomass and chemical composition when sown after wheat. Faba bean, forage pea, balansa clover (Trifolium michelanium Savi), red clover (T. pratense L.), and rye (Secale cereale L.) were evaluated similarly when intersown into maize. Cover crops after wheat had no significant biomass differences, averaging 1210 kg ha-1, enough to support 1.5 animal unit month …

Whiteness As Innocence, David Simson

Articles & Chapters

Current antidiscrimination law is exceedingly hostile to the project of race-conscious remediation—the conscious use of race to mitigate America’s persistent racial hierarchy. This Article argues that this broad hostility can be traced in significant part to what I call “Whiteness as Innocence” ideology. This ideology is a system of legal reasoning by which the formal principle of equality is filled with the substantive principle of white racial dominance via invocations of white innocence. That is, under this ideology, ideas about white innocence influence legal decisions on who is “alike” and “unalike” and what constitutes “alike” and “unalike” treatment in race-conscious …