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2020

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Dementia, Autonomy, And Supported Healthcare Decisionmaking, Megan S. Wright Jan 2020

Dementia, Autonomy, And Supported Healthcare Decisionmaking, Megan S. Wright

Faculty Scholarship

Healthcare providers often rely on surrogates to decide on behalf of their patients with dementia who are deemed incapable of exercising autonomy. There is a longstanding debate about the appropriate standard of surrogate healthcare decisionmaking for these patients. Many influential scholars argue that the precedent autonomy of the person with dementia should be respected, and healthcare decision-making laws generally reflect this principle. These laws direct surrogate decisionmakers to follow instructions in living wills or to decide on the basis of the wishes and values of the person before the onset of dementia.But other prominent scholars have questioned whether surrogates should …

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Prosecutors And Mass Incarceration, Shima Baradarab Baughman, Megan S. Wright Jan 2020

Prosecutors And Mass Incarceration, Shima Baradarab Baughman, Megan S. Wright

Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …

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Identity Manipulation: Responding To Advances In Artificial Intelligence And Robotics, Suzie Dunn Jan 2020

Identity Manipulation: Responding To Advances In Artificial Intelligence And Robotics, Suzie Dunn

Articles, Book Chapters, & Popular Press

Advances in artificial intelligence (AI) and robotics technologies have destabilized our ability to control our identity. Today, it is increasingly accessible for the average person to appropriate the voice, image, and body of another individual through the use of technology. Deepfake videos swap new faces into existing videos, facial re-enactment allows for the face of one person to be superimposed on the face of someone else in a real time video, artificial speech synthesis can clone another person’s voice, and 3D printing and modern robotics can reproduce life-size copies of living people. These are all examples of the ways technology …

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A Hitchhikers' Guide To Comparative Tax Scholarship, Kim Brooks Jan 2020

A Hitchhikers' Guide To Comparative Tax Scholarship, Kim Brooks

Articles, Book Chapters, & Popular Press

Comparative law offers scholars a fascinating lens through which to dis- cover new insights about the world, but only if we take on comparative law projects. Few legal scholars devote a substantial strand of their research to comparative study, and so their work fails to benefit from the active and prolonged debates in comparative law. This Article makes a singular, but hopefully substantial, contribution: it seeks to render more accessible the comparative law scholarship with the aim of facilitating easier access to comparative law insights for tax (and hopefully other) law scholars. Put another way, the Article seeks to engage …

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Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd Jan 2020

Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd

Fordham Urban Law Journal

No abstract provided.

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The Injustice Of Formal Gender Equality In Sentencing, Emma Decourcy Jan 2020

The Injustice Of Formal Gender Equality In Sentencing, Emma Decourcy

Fordham Urban Law Journal

No abstract provided.

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Get Smart: Human Rights And Urban Intelligence, Martha F. Davis Jan 2020

Get Smart: Human Rights And Urban Intelligence, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.

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A Comparative Study Of The Community Of Inquiry Presence Between Hard Pure And Soft Pure Disciplines In A Traditional Face-To-Face Educational Setting, Jiss Varghese Mathew Jan 2020

A Comparative Study Of The Community Of Inquiry Presence Between Hard Pure And Soft Pure Disciplines In A Traditional Face-To-Face Educational Setting, Jiss Varghese Mathew

All-Inclusive List of Electronic Theses and Dissertations

The community of inquiry framework, a well-known theoretical framework to impart deep and meaningful learning in online and face-to-face learning communities, has not been studied thoroughly in face-to-face Educational settings (Garrison, 2016). In this study, I investigated whether there was a statistically significant difference in the community of inquiry presence between hard pure and soft pure academic disciplines in a traditional face-to-face Educational setting. A Qualtrics survey was sent via email to 1,592 students enrolled in hard pure (mathematics course) and soft pure (communication course) disciplines. This study included four research questions, one descriptive and three inferential. Descriptive statistics showed …

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Elephants At Work, Jamie Lorimer, Khatijah Rahmat Jan 2020

Elephants At Work, Jamie Lorimer, Khatijah Rahmat

Animal Sentience

Baker & Winkler (B&W) propose rewilding Asian elephants in a model in which they are rescued, rehabilitated and then given work with their mahouts in ecological restoration and ecotourism. In a sympathetic critique, we explore the status that B&W’s analysis accords to work. Types of work and working conditions need to be differentiated. We caution against a model of conservation that would make the future of life conditional on participating in the workforce.

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Jefferson’S Taper, Jeremy N. Sheff Jan 2020

Jefferson’S Taper, Jeremy N. Sheff

SMU Law Review

This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a natural right of property in inventions, metaphorically illustrated by a “taper” that spreads light from one person to another without diminishing the light at its source. I demonstrate that Thomas Jefferson likely copied this Parable of the Taper from a nearly identical passage in Cicero’s De Officiis, and I show how this borrowing situates Jefferson’s thoughts on intellectual property firmly within a natural law theory …

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#Livingwhileblack: A Mixed-Method Exploratory Analysis Of The Social Media Documentation Of Racism Via Twitter And Interviews, Judy A. Jackson Jan 2020

#Livingwhileblack: A Mixed-Method Exploratory Analysis Of The Social Media Documentation Of Racism Via Twitter And Interviews, Judy A. Jackson

Theses and Dissertations

African Americans have endured marginalization related to racial and cultural disparities. #LivingWhileBlack has become a unique repository of all related experiences that Black people are encountering, while performing every day, seemingly mundane tasks and activities. The #LivingWhileBlack hashtag went viral on Twitter (https://twitter.com/), allowing users, including Black Twitter (https://twitter.com/), to use the international platform to share their own Black story and experience. The three research questions that were explored included the following. First: How are profiling events related to #LivingWhileBlack events documented, reported and expressed by Social Media Users? Second: How are others/people using Twitter (https://twitter.com/); affected by various incidences …

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Team Building Challenges And Opportunities After A Public Agency Merger, Andrea A. Severson Jan 2020

Team Building Challenges And Opportunities After A Public Agency Merger, Andrea A. Severson

Theses and Dissertations

This study used a mixed-method design to gather data about team building after a public agency merger. This study found that teamwork, role clarity, and clear decision processes were the most important factors impacting goal accomplishment post-merger. Prioritizing team building before, during, and after a public agency merger can address some of the most common challenges presented by a merger or acquisition.

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Books Or Food? Food Insecurity And The Rise Of Campus Food Pantries, Sonya Sharififard Jan 2020

Books Or Food? Food Insecurity And The Rise Of Campus Food Pantries, Sonya Sharififard

Theses and Dissertations

This dissertation is a quantitative study of campus food pantries located in public four-year colleges and universities in the United States. The research aims to explain relationships among campus food pantries and surrounding neighborhood characteristics affecting local food environments. There are two parts to the study: (a) the quantitative analysis through responses from a participant questionnaire; and (b) a case study analysis to accompany the quantitative analysis. The researcher identified three metropolitan counties within U.S. census tracts, to determine the relationship between neighborhood demographics, the local food environment, and the impact on campus communities. The researcher explored food accessibility within …

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Harry Potter And The Shy College Classroom Student: A Perceived Sense Of Belonging Through Social Identity And A Hogwarts House, Mickey D. Harrison Jr. Jan 2020

Harry Potter And The Shy College Classroom Student: A Perceived Sense Of Belonging Through Social Identity And A Hogwarts House, Mickey D. Harrison Jr.

Theses and Dissertations

This paper examines self-identifying shy college classroom students. Using social identity theory, identified shy students are studied based on their inclusion in a Hogwarts House from the Harry Potter book series. The purpose of this research is to examine how group identity can cultivate and create a sense of belonging for these students and lead them to academic and personal success. The stories shared by these shy learners reinforce the need and importance of belonging to a social identity group to strengthen an individual's sense of self and personal growth. This study encourages the use of a fictional social group—like …

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Treatment Of Infidelity As A Clinical Issue In Couple Therapy: A Critical Review Of The Literature, Wilhelmina Emma Stamps Jan 2020

Treatment Of Infidelity As A Clinical Issue In Couple Therapy: A Critical Review Of The Literature, Wilhelmina Emma Stamps

Theses and Dissertations

Infidelity is perhaps the most challenging issue confronting couple therapists and has a high prevalence amongst couples in both clinical and community settings. Despite significant expansion of this field of research in recent years, there has not been a comprehensive review of the literature since 2005. Without such a review, it is problematic for clinicians and researchers to determine best practices and areas needing further inquiry. This article builds on the two most recent reviews (Allen et al., 2005; Blow & Hartnett, 2005) and provides a systematic critical review of the literature on infidelity published in the last 15 years. …

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Understanding Gender Roles In The Workplace: A Qualitative Research Study, Andrea Michel Jan 2020

Understanding Gender Roles In The Workplace: A Qualitative Research Study, Andrea Michel

Theses and Dissertations

This qualitative study explored female leaders' experiences with gender norms, implicit bias and microaggressions that they have experienced over the course of their careers. Research questions explored what gender norms exist, how they show up behaviorally in the workplace, and how gender norms, implicit bias and microaggressions impact women. 12 women participated in the study and were asked 12 interview questions. Participants' answers to these questions were coded to highlight themes. Themes were identified as communication diplomacy, leadership style, family commitments, physical appearance, and pink roles for data analysis. Key themes were summarized, and key research findings were discussed. Key …

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Strategies Aimed At Helping African American Male Students Succeed In United States Secondary Schools: A Metasynthesis, Chibuzo N. Azinge-Walton Jan 2020

Strategies Aimed At Helping African American Male Students Succeed In United States Secondary Schools: A Metasynthesis, Chibuzo N. Azinge-Walton

Theses and Dissertations

The persistent disparity in graduation rates between Black and White male students in U.S. secondary schools (the achievement gap) despite repeated efforts to even it out, is a thorn in the flesh of educators, the country over. The elimination of this continuous disparity through viable solutions, is the focus of this study. A problem is ninety percent solved when it thoroughly understood, with its comprehension necessitating a large investment of thought, time, and resources (Einstein, 1879-1955). To fully grasp the inner pinning of the achievement gap dilemma, this researcher selected, read, and reviewed 50 subject matter-related archived articles/studies obtained from …

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Love As An Organizational Norm: An Exploration At A Values-Centered Organization, Vangie Marie Bogaty-Rodríguez Jan 2020

Love As An Organizational Norm: An Exploration At A Values-Centered Organization, Vangie Marie Bogaty-Rodríguez

Theses and Dissertations

This study investigated to what extent, if any, developing a norm of love might be accepted, incorporated, sustained, and beneficial to an organization. Participants included 18 directors, manager, and supervisors of a 24-year-old telecommunications company located in Puerto Rico. Data were collected through individual interviews where interviewees shared their perspectives on the possibility of adopting the norm of love, their acceptance of it, and how they would implement it. Findings indicated that a majority (83.33%) of the participants acknowledged that love is part of the human essence and whole selves, and that such a norm would be beneficial to employees …

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Interaction, Collaboration And Content Creation In Informal Online Learning Environments: Multidimensional Analyses Of Longitudinal Data From The Scratch Coding Community, Seung B. Lee Jan 2020

Interaction, Collaboration And Content Creation In Informal Online Learning Environments: Multidimensional Analyses Of Longitudinal Data From The Scratch Coding Community, Seung B. Lee

Theses and Dissertations

Despite rising levels of participation by children and adolescents in large, informal online learning communities, there has been limited research examining the role that social dynamics play on the online behavior of young users. In this context, this mixed-methods longitudinal study aimed to investigate the relationship between interaction, collaboration and content creation through the analysis of user-generated comments and log-data from the Scratch platform. The research focused on more than 45,000 comments associated with the online activity of 200 randomly selected participants over a period of three months in early 2012. A combination of methodological techniques was applied in the …

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Development Of A Strengths And Empowerment Focused Group Intervention For Marginalized Populations With A Focus On Women, Low-Income, And Racial-Ethnic Minorities, Kristin Goradietsky Jan 2020

Development Of A Strengths And Empowerment Focused Group Intervention For Marginalized Populations With A Focus On Women, Low-Income, And Racial-Ethnic Minorities, Kristin Goradietsky

Theses and Dissertations

Members of marginalized groups face numerous stressors, including racism, discrimination, and a lack of access to quality mental health and medical care. Members of marginalized groups are also at a higher risk of developing mental health issues such as posttraumatic stress disorder, depression, and anxiety. There is a lack of literature regarding effective mental health treatment for members of marginalized groups, including those who are homeless or low income; Black, indigenous, and people of color (BIPOC); and women. A literature review indicated interventions based in empowerment, positive psychology, mindfulness, and critical consciousness may be particularly applicable to vulnerable populations. Therefore, …

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Advancing Leadership Consciousness: Integrity From The Inside Out, Jessica Plancich Shinners Jan 2020

Advancing Leadership Consciousness: Integrity From The Inside Out, Jessica Plancich Shinners

Theses and Dissertations

A poll conducted by the World Economic Forum (2015) found that 86% of respondents perceive that we are facing a global leadership crisis. At the time of this study, the COVID-19 pandemic has impacted the global ecology in dramatic and widespread ways. In light of this uncertain political, economic, sociological, and ecological climate, humanity is in need of consistent and reliable ways of developing exemplary leaders. As society enters into massive technological advancement, leaders and collaborators are at risk of obsolescence if we do not find innovative ways to harness innate human capacities to advance consciousness and co-evolve with technology. …

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Once Upon A Team: The Impact Of Personal Storytelling Types On Desire To Collaborate, Matt Ebeling Jan 2020

Once Upon A Team: The Impact Of Personal Storytelling Types On Desire To Collaborate, Matt Ebeling

Theses and Dissertations

Personal story disclosure supports the development of interpersonal relationships through the building of trust and feelings of closeness. In organizational teams, trust is key to the promotion of cooperative behaviors and team performance, and collaboration within a team and across teams becomes exceedingly important as organizations grow and increase in complexity. The purpose of this study was to explore the impact of specific types of personal storytelling on a person's desire to collaborate with others in the workplace. I conclude that the following characteristics of personal story sharing by co-workers have a positive impact on desire to collaborate with the …

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Best Practices For Achieving First Generation Student Success In Higher Education, Hillary Long Gilkeson Jan 2020

Best Practices For Achieving First Generation Student Success In Higher Education, Hillary Long Gilkeson

Theses and Dissertations

The purpose of this study seeks to elucidate the best practices for achieving first generation student success within the realm of higher education. First generation students experience challenges in obtaining student success at a higher rate than their multi-generational peers who possess larger reserves of social capital regarding higher education. A review of the literature identified obstacles to and methods to achieve student success. The review progresses with discussion surrounding how to transition students to college so that they achieve student success from the time of matriculation. Finally, the review identifies the ways in which first generation students may require …

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What Role Can Social Cognitive Neuroscience Play In Promoting Prosocial Behaviors In Organizations, Lynne Forbes-Zeller Jan 2020

What Role Can Social Cognitive Neuroscience Play In Promoting Prosocial Behaviors In Organizations, Lynne Forbes-Zeller

Theses and Dissertations

The purpose of this research is to establish a correlation between the integration of Social Cognitive Neuroscience (SCN) frameworks (e.g., The SCARF model) into day-to-day social interactions in the workplace. The study also sought to determine whether SCN practices can increase prosocial behaviors and improve a leader's influence. This qualitative study had four phases: an educational video, a self-assessment, a learning workshop, and an experiential learning exercise. Data were collected through eight interviews. This study revealed that understanding the brain's influence in social environments increased prosocial behaviors and positively impacted leader thoughts and actions. Data showed taking the self-assessment, learning …

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Race And Bankruptcy: Explaining Racial Disparities In Consumer Bankruptcy, Edward R. Morrison, Belisa Pang, Antoine Uettwiller Jan 2020

Race And Bankruptcy: Explaining Racial Disparities In Consumer Bankruptcy, Edward R. Morrison, Belisa Pang, Antoine Uettwiller

Faculty Scholarship

African American bankruptcy filers select Chapter 13 far more often than other debtors, who opt instead for Chapter 7, which has higher success rates and lower attorneys’ fees. Prior scholarship blames racial discrimination by attorneys. We propose an alternative explanation: Chapter 13 offers benefits, including retention of cars and driver’s licenses, that are more valuable to African American debtors because of relatively long commutes. We study a 2011 policy change in Chicago, which seized cars and suspended licenses of consumers with large traffic-related debts. The policy produced a large increase in Chapter 13 filings, especially by African Americans. Two mechanisms …

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Judicial Credibility, Bert I. Huang Jan 2020

Judicial Credibility, Bert I. Huang

Faculty Scholarship

Do people believe a federal court when it rules against the government? And does such judicial credibility depend on the perceived political affiliation of the judge? This study presents a survey experiment addressing these questions, based on a set of recent cases in which both a judge appointed by President George W. Bush and a judge appointed by President Bill Clinton declared the same Trump Administration action to be unlawful. The findings offer evidence that, in a politically salient case, the partisan identification of the judge – here, as a “Bush judge” or “Clinton judge” – can influence the credibility …

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In Defense Of Excellence, Jasper L. Tran Jan 2020

In Defense Of Excellence, Jasper L. Tran

Vanderbilt Law Review En Banc

No abstract provided.

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What Do Lawyers Contribute To Law & Economics?, Robert E. Scott, George G. Triantis Jan 2020

What Do Lawyers Contribute To Law & Economics?, Robert E. Scott, George G. Triantis

Faculty Scholarship

The law-and-economics movement has transformed the analysis of private law in the United States and, increasingly, around the world. As the field developed from 1970 to the early 2000s, scholars have developed countless insights about the operation and effects of law and legal institutions. Throughout this period, the discipline of law-and-economics has benefited from a partnership among trained economists and academic lawyers. Yet the tools that are used derive primarily from economics and not law. A logical question thus demands attention: what role do academic lawyers play in law-and-economics scholarship? In this Essay, we offer an interpretive theory of the …

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Considering Legitimacy, Gillian E. Metzger Jan 2020

Considering Legitimacy, Gillian E. Metzger

Faculty Scholarship

This Article on Richard Fallon’s Law and Legitimacy in the Supreme Court focuses on public acceptance of the Supreme Court’s authority, what Fallon calls sociological legitimacy. After setting out Fallon’s accounts of legitimacy and constitutional argumentation, the Article looks at public opinion data and political science scholarship on the extent to which the Court’s decisions affect public acceptance of the Court. It then turns to the normative question of whether, even if the Court’s decisions may undermine its sociological legitimacy, that impact is a legally legitimate factor for the Court to consider. The Article argues that strategic consideration of the …

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Harm, Earth Jurisprudence And Human/Nonhuman Relationships, Tanya Wyatt Jan 2020

Harm, Earth Jurisprudence And Human/Nonhuman Relationships, Tanya Wyatt

Animal Sentience

To prevent the next pandemic and to protect the environment and non-human animals, there needs to be a clear definition of harm and a legal system grounded in Earth Jurisprudence. Drawing on evolutionary principles to redefine harm and to radically alter the legal system to be Earth-centred will help ensure that harmful actions like certain wildlife trade, wildlife trafficking, and intensive farming do not threaten the survival of any life.

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