Digital Commons Network^™

Studying Law As A Parent And A Mature Student: A Daunting Prospect?, Amy Solomon

Plymouth Law Review

No abstract provided.

An Assessment Of The Legality Of Fake News Within The Mainstream Media – With Specific Regard To Its Influence On The Political Climate, Ayesha Faraj Al-Nuaimi

Plymouth Law Review

This article aims to investigate whether the law and regulation provided by the government is sufficient in tackling the increasing issue of fake news (FN) ‘‘a false story that appears to be news, usually created to influence political views’’.2 An examination on whether increased regulation would restrict the United Kingdom’s tradition of a free, investigative press, will be comparatively analysed to serve a contrast in perspectives to the laxer attitudes of the American media system. With the rapid evolution of technology, the radical influence FN has on the political climate will likely increase. A 2015 poll showed that 41% of …

Can The Law On Sexual Consent And Related Rules Of Evidence Provide Adequate Protection To Vulnerable Victims And Defendants Who Are Subject To False Allegations? If So, Do Juries Jeopardize This?, Casey Chard

Plymouth Law Review

Sexual consent is a sociolegal principle that is designed to protect personal autonomy. This article will evaluate and challenge the legal concept of sexual consent and whether the current law is sufficiently designed so that it is capable to protect both vulnerable victims and defendant simultaneously in rape and sexual assault trials. A common theme throughout will be rape myths and how these can negatively affect jurors and as a result, raise the question, should jurors sit on rape and sexual assault trials?

Being The Change – My Complex Journey To Self-Discovery, Dylan Tippetts

Plymouth Law Review

No abstract provided.

Editorial, Hugo De Rijke

Plymouth Law Review

No abstract provided.

Studying Law (And Growing Up) During A Global Pandemic, Emily Counter

Plymouth Law Review

No abstract provided.

Will The United Kingdom’S Exit From The European Union Have An Impact On International Arbitration Within The United Kingdom?, Hugo Persad

Plymouth Law Review

This article will aim to assess whether Britain’s exit from the European Union will impact arbitration. This is a very topical issue as no one can accurately predict what direction this will take as there are many avenues that need to be explored. As Lord Goldsmith QC suggests: "The success of London arbitration depends in no way upon the UK’s membership of the EU;"2 although, as the New Law Journal argues: ‘London will gain a distinctly competitive edge as a seat for arbitration in comparison to other European cities’3 in relation to the resurrection of anti-suit injunctions. Examination of the …

From Phd Thesis To Monograph: A Reflective Account Of The Process, Lisa Deblasio

Plymouth Law Review

No abstract provided.

How Effective Is The Current Law Governing Police Retention Of Data In The Uk, At Balancing Individuals’ Right To Private Life Under Article 8 Of The European Convention Of Human Rights, With The Public Interest Of Safety?, Maximillian Maynard

Plymouth Law Review

No abstract provided.

Do Not Adopt A Double Negative: An International Comparison Of The Corporate Opportunities Doctrine, Patrick Prestidge

Plymouth Law Review

No abstract provided.

A Critical Analysis Of Rabone And Another V Pennine Care Nhs Foundation Trust, Examining How The Judgment Of This Case Could Affect The Relationship Between Article 2 Of The European Convention On Human Rights And Negligent Psychiatric Care, Nicola Hardwick

Plymouth Law Review

No abstract provided.

A Degree Of Uncertainty: Discussing The Issues Surrounding Mental Health In Higher Education And Personal Development Throughout My Law Degree, Regan Cornell

Plymouth Law Review

No abstract provided.

Engaging Potential Students With Simulation And Interactive Online Activities, Rob Giles

Plymouth Law Review

No abstract provided.

Plymouth Law Clinic: Growth, Change And The Effect Of Covid, Rosie Brennan

Plymouth Law Review

No abstract provided.

Standardisation Of Systemic Anti-Cancer Therapy (Sact) Prescription Forms: A Pre–Post Audit Evaluation, Felicity Sim, Gail Ross-Adjie, Leanne Monterosso

Nursing Papers and Journal Articles

Introduction Clinical practice guidelines based on best available evidence and national safety and quality standards promote high quality and safe care.

Aim To review and standardise systemic anti-cancer therapy (SACT) forms in a 20-chair cancer centre to reflect Australian and international clinical practice guidelines.

Method A pre–post audit design based on Clinical Oncological Society of Australia (COSA) guidelines for the safe prescribing, dispensing and administration of systemic cancer therapy underpinned the project. The pre-audit (47 forms) provided a benchmark for SACT form improvements: 177 new forms were then developed over 18 months and implemented.

Results Pre-audit: 9/19 criteria were >70% …

Sprint Acceleration Characteristics Across The Australian Football Participation Pathway, Toby Edwards, Benjamin Piggott, Harry G. Banyard, G Gregory Haff, Christopher Joyce

Health Sciences Papers and Journal Articles

The aim of this study was to compare the force, velocity and power profiles of a maximal sprint acceleration through different competition levels of the Australian Football (AF) participation pathway. One hundred and sixty-two junior AF athletes across five competition levels including State under 18’s (ST 18), State under 16’s (ST 16), local under 18’s (LOC 18), local under 15’s (LOC 15), and local under 14’s (LOC 14) participated in this cross-sectional study. Velocity-time data from maximal sprint accelerations were analysed to derive athlete’s sprint acceleration characteristics and split times. ST 18 showed a more force-orientated profile than the LOC …

The Well-Being Of Carers Of Older Aboriginal People Living In The Kimberley Region Of Remote Western Australia: Empowerment, Depression, And Carer Burden, Dina Logiudice, Cathryn M. Josif, Roslyn Malay, Zoe Hyde, Melissa Haswell, Melissa A. Lindeman, Christopher Etherton-Beer, David Atkinson, Dawn Bessarab, Leon Flicker, Kate Smith

Health Sciences Papers and Journal Articles

Objective: To describe demographic features and well-being of carers of Aboriginal Australians aged ≥45 years in remote Western Australia.

Method: Carer burden, empowerment, and depression were assessed in 124 Aboriginal carers in four remote Aboriginal communities.

Results: Carers were aged 38.8 ± 15.0 years, 73.4% were female, and 75.8% were children or grandchildren of the person cared for. The mean Zarit-6 score was 3.7 ± 3.6. Attending high school (odds ratio [OR] = 0.3; 95% confidence interval [CI] = [0.1, 0.7]) and feeling empowered (OR = 0.2; 95% CI = [0.1, 0.8]) were inversely associated with carer burden; female carers …

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld, Emily Gold Waldman

All Faculty Scholarship

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist, or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis. This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal …

Preventing The Curse Of Bigness Through Conglomerate Merger Legislation, Robert H. Lande, Sandeep Vaheesan

All Faculty Scholarship

The antitrust laws, as they are presently interpreted, are incapable of blocking most of the very largest corporate mergers. They successfully blocked only 4 of the 61 largest finalized mergers and acquisitions (defined as the acquired firm being valued at more than $10 billion) that occurred between 2015 and 2018. The antitrust laws also would permit the first trillion-dollar corporation, Apple, to merge with the third largest corporation, Exxon/Mobil. In fact, today every U.S. corporation could merge until just 10 were left – so long as each owned only 10% of every relevant market.

Even though the Congresses that enacted …

From Socrates To Selfies: Legal Education And The Metacognitive Revolution, Jaime Alison Lee

All Faculty Scholarship

Metacognitive thinking, a methodology for mastering intellectually challenging material, is revolutionizing legal education. Metacognition empowers people to increase their mental capabilities by discovering and correcting flaws in their thinking processes. For decades, legal educators have employed metacognitive strategies in specialized areas of the curriculum. Today, metacognition has the potential to transform legal education curriculum-wide.

Current scholarship is rich, generous, and creative in exploring how metacognition can be used to enrich specific sectors of the law curriculum. What is missing, however, is a holistic examination of how metacognitive theory and practice have developed across these different sectors, with the purpose of …

The Sherman Act Is A No-Fault Monopolization Statute: A Textualist Demonstration, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The drafters of the Sherman Act originally designed Section 2 to impose

sanctions on all monopolies and attempts to monopolize, regardless whether the

firm had engaged in anticompetitive conduct. This conclusion emerges from the

first ever textualist analysis of the language in the statute, a form of interpretation

originally performed only by Justice Scalia but now increasingly used by the

Supreme Court, including in its recent Bostock decision.

Following Scalia’s methodology, this Article analyzes contemporaneous

dictionaries, legal treatises, and cases and demonstrates that when the Sherman

Act was passed, the word “monopolize” simply meant that someone had acquired

a monopoly. …

An Open Letter From Heaven To Donald Trump, F. Michael Higginbotham

All Faculty Scholarship

No abstract provided.

South Asian Americans’ Identity Journeys To Becoming Critically Conscious Educators, Radhika Khandelwal

LMU Theses and Dissertations

Typical identity stereotypes for South Asian Americans, such as the model minority myth, do not convincingly support a trajectory into K–12 education, as South Asian Americans are not readily seen as agents for social change. This qualitative study explored how South Asian American educators’ understanding of their ethnic and racial identity interplayed with their practice as critically conscious educators for social justice. Eleven participants who self-identified as social-justice-oriented were interviewed to share their experiences as South Asian American educators. Their responses revealed South Asian American educators develop their ethnic identity consciousness in complex ways, demonstrating self-awareness and subsequently draw upon …

Straight From The Source: Black College Presidents Tell Their Stories, Steven Purcell

LMU Theses and Dissertations

Students on college and university campuses across the United States are becoming more racially diverse. However, leadership on college campuses is not trending toward more diversity, particularly in higher administrative posts such as the presidency. To better understand this stagnate trend of college president diversity, this critical narrative study examined the lived experiences and insights of six current or former college presidents who identify as Black. The participants in this study are a unique cohort of individuals who have served as presidents/chancellors at institutions where Black students are not the majority ethnic/racial group on campus.

More specifically, this study sought …

Racial Profiling In Education: A Study Of Teacher Perceptions Of Students In Special Education, Cairen D. Ireland

LMU Theses and Dissertations

African American males have performed near the bottom of the educational hierarchy in America for centuries. Though some improvements have been noted in the last several decades, educational statistics illustrate the achievement gap still persists between African American and White students (Hanushek, 2016). Disaggregated data show disparities in academic performance, high school drop-out rates, and college completion rates. African American males as early as kindergarten are also facing harsher discipline in schools and Black boys are often excluded from gifted and advanced placement courses and other educational opportunities (Howard, 2010). Yet, this population is over-referred and overrepresented in special education, …

A Case Study Of Equity And Student Experience In A California Community College, Agyeman Siriboe Boateng

LMU Theses and Dissertations

In California community colleges, students of color reach educational milestones and culminating outcomes disproportionately less often than their peers. In the past decade, the state has committed renewed energy to refining student equity plan regulations requiring individual colleges to identify and develop strategies to close such gaps. This dissertation sought to focus on the intended beneficiaries of these efforts, asking how students themselves define and experience equity. Using semistructured, narrative interviews to explore the experiences of nine students of color at a California community college, this qualitative case was supported by institutional documents, participant observation, and interviews with college personnel. …

Learning From Their Journey: Black Women In Graduate Health Professions Education, Marcia Lynne Parker

LMU Theses and Dissertations

While numerous efforts have been made across different educational contexts aimed towards increasing demographic diversity in STEM education, career decision-making content related to the potential pursuit of health professions education has failed to reach all students. Thus, there is a need for a more consistent and targeted sharing of information, including from the graduate level (where students must meet detailed requirements for specific healthcare disciplines), down to the community college and high school levels where students often make life-changing career-direction decisions without sufficient information to inform these decisions. At the other end of the spectrum, the conventional learning experiences in …

Leading From The Margins: The Educational Leadership Experiences Of Jesuit Directors Of Mission High Schools In The Philippines And The Implications For The Leadership Formation Of Filipino Jesuits, Guillrey Anthony M. Andal S.J.

LMU Theses and Dissertations

Educational leadership preparation is not an explicit priority in the scholastic formation of future Catholic priests in the Philippines. Consequently, there may be those assigned to lead in parochial mission schools early on in their ordained ministry but lack leadership training and experience. Thus, this study sought to answer the following research questions:

• What are the experiences of educational leadership successes and challenges of newly ordained Jesuit priests assigned as directors of Jesuit mission high schools in the Philippines?
• What are the perceptions of newly ordained Jesuit priests assigned as directors of Jesuit mission high schools in the Philippines on …

The Circle Of Care: Supporting The Academic Achievement Of Students Who Reside In Group Homes, Shannon A. Malone

LMU Theses and Dissertations

According to data published in 2018, approximately 20,000 children resided in group homes across the United States. By the nature of their situations, living outside of their familial homes, these children are experiencing trauma while trying to participate in typical childhood activities, such as making friends and attending school. Children who reside in group homes are foster youth. Foster youth consistently show low levels of academic achievement (Vacca, 2008). Children who reside in group homes have many service providers that are responsible for their care, including teachers, social workers, therapists, group home staff; these people make up the child’s circle …

Being Scrappy: Charter School Leaders And The Transition To The Principalship At Title I Schools, Kalin Balcomb

LMU Theses and Dissertations

While the experiences and challenges of principals at Title I schools has been studied, this research builds on those studies with the added dimension of exploring the perspectives of charter school principals who are new to the role and are working in the landscape of Title I schools in Los Angeles. This dissertation examines the history of charter schools and provides a contextual overview of charter schools and charter school accountability measures in the United States and in Los Angeles, with the added political context of the charter school landscape in Los Angeles after the historic Los Angeles teacher union …