Digital Commons Network^™

A One-Session, Brief Acceptance And Commitment Therapy Workshop For Chronic Pain Patients: A One-Sample Pretest-Posttest Prospective Exploratory Study, Kelly Anne Thomas Ms

Graduate Theses, Dissertations, and Problem Reports (ETD)

Chronic pain affects one in every four persons (NIH, 2010). For individuals residing in rural communities where chronic pain treatment is often not accessible (Artnak et al., 2011), a one-session brief mental health intervention is a critical healthcare need. More specifically, acceptance and commitment therapy (ACT) for chronic pain is a novel treatment approach in need of more research (Society of Clinical Psychology, 2016). This current study contributes to the gap in the literature by implementing an ACT workshop in a rural healthcare setting for individuals with chronic pain. It was hypothesized that the workshop would increase adaptive coping mechanisms …

Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg

Faculty Scholarship

What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …

Insuring Evolving Technology, Asaf Lubin

Articles by Maurer Faculty

The study of the interaction between law and technology is more critical today than ever before. Advancements in artificial intelligence, information communications, biological and chemical engineering, and space-faring technologies, to name but a few examples, are forcing us to reexamine our traditional understanding of basic concepts in torts and insurance law.

Yet, few insurance professionals and scholars will identify themselves as working in the field of “law-and-technology.” For many of them, technology is “just a fact about the world like any other,” as Ryan Calo once put it, not one that always merits “special care.”

This short paper is an …

Delaware’S Dominance And The Future Of Organizational Law, Peter Molk

Georgia Law Review

Delaware dominates the market for business formations.
Two main theoretical explanations have been offered to justify
Delaware’s continued success. One focuses on the state’s
credible commitment to producing responsive organizational
law in the future. The other looks to the network effects that
continue to encourage new formations once Delaware already
dominates. Yet, other than continued observation of Delaware’s
dominance, little empirical support exists for either theory.
This Article empirically tests entrepreneurs’, investors’, and
lawyers’ appetite for Delaware’s credible commitment. I use the
recent Delaware Supreme Court decision of Gatz Properties v.
Auriga Capital Corp., which was a negative shock to …

Blockchain Technology: A Survey Of Croatian Business Leaders, Dražen Zec, William G. Heninger

Faculty Publications

Blockchain or distributed ledger technology emerged over ten years ago as the underlying technology of bitcoin. Blockchain is a special kind of database with individual records or blocks linked together in a sequential list called chain of blocks. These records are validated by multiple nodes in peer-to-peer networks and they are immutable. It is a decentralized system, with no need for intermediaries where all decisions are made using different consensus mechanisms. High expectations from blockchain technology, combined with a lack of deeper knowledge about the technology are expressed in the results from the survey conducted on a sample of Croatian …

Annual Report, Fiscal Year 2021, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

"It Is Not Necessary For Eagles To Be Crows", Book Review (Reviewing David Heska Wanbli Weiden, Winter Counts (2020)), Neil Fulton

South Dakota Law Review

No abstract provided.

Osgoode Syllabus Of Courses And Seminars: 2021 - 2022, Office Of Student Services

Syllabi

No abstract provided.

Civility And Its Discontents: Subway Etiquette, Civic Values, And Political Subjectivity In Global Taiwan, Anru Lee

Publications and Research

No abstract provided.

Selling Out: An Instrumentalist Theory Of Legal Ethics, Keith N. Hylton

Faculty Scholarship

Legal ethics has received attention mostly from scholars who view it as a field for the application of moral philosophy. However, economic analysis is also useful in the study of legal ethics, because it can illuminate the incentives that generate ethical dilemmas and controversies. This is especially true in the subfield this paper devotes its attention to, lawyer conflict of interest rules. The problem I focus on is the incentive of the lawyer to "sell out" his client-for example, by providing confidential information to a potential adversary or by providing legal misinformation to the client in order to aid the …

Exploring The Perspectives Of Service Providers Who Assist Men Subjected To Intimate Partner Violence, Abigail White

Theses and Dissertations (Comprehensive)

Intimate partner violence (IPV) has been largely associated with male perpetrators and female victims (Drijber, Reijnders & Ceelen, 2013). Although women are more likely to be victims of IPV, men are also victimized at the hands of their intimate partners (Statistics Canada, 2013). As such, academic literature has tended to focus on the experiences of women subjected to IPV while the experiences of men subjected to IPV remain under explored (Machado, Santos, Graham-Kaven, & Matos, 2017). The limited literature pertaining to the experiences of men has consistently found that men are largely dissatisfied with help-seeking services. Another consistent finding within …

“Just Give Us A Chance”: Supports And Challenges To Maintaining Employment As Experienced By People Who Have Been In Prison, Amy Moore

Theses and Dissertations (Comprehensive)

People who have been in prison tend to struggle to find meaningful employment (Opsal, 2012). While research delves into the topic of how criminalized people attain employment (Ricciardelli & Mooney, 2017; Anazodo et al., 2017), there is little known about their experiences maintaining employment. Therefore, the objective of this study is to identify the supports and challenges to maintaining employment after release from a Canadian women’s federal prison.

Following Research Ethics Board (REB) approval, semi-structured interviews lasting up to 90 minutes were completed with each of six participants. Participants included two Indigenous women, three White women, and one White transgender …

Illinois State University Annuitants Association Newsletter, Winter 2021, Illinois State University, Annuitants Association

ISUAA News

Illinois State University Annuitants Association newsletter

Copyright Silencing, Cathay Y. N. Smith

Faculty Law Review Articles

Copyright has been weaponized to suppress speech,1 frustrate competition,2 punish third parties,3 and silence criticism and erase facts.4 This Essay highlights one form of copyright weaponization I call “copyright silencing.” Copyright silencing is a form of copyright weaponization where owners assert copyrights to silence criticism or suppress facts instead of to protect copyright owners’ legitimate interests5 in their works. This Essay identifies recent or notable instances of copyright silencing, examines the harm copyright silencing perpetrates, and explains why it is increasingly difficult to stop the assertion of copyright to silence, suppress, and censor facts, information, and criticism.

A New Chapter In Veterans Law, The Honorable Margaret Bartley

American University Law Review

Chief Judge Bartley delivered these remarks on October 2, 2020 at the American University Law Review’s thirty-fifth annual Federal Circuit Symposium. The remarks have been minimally edited based on the event transcript.

That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser

American University Law Review

Federal Rule of Civil Procedure 68 (Rule 68) is a cost-shifting rule that allows a non-prevailing defendant who made an offer of judgment more favorable than the final judgment to recover costs incurred from the point the offer was made. Until the mid-1980s, whether the rule could apply to the attorney’s fees was the source of much debate. In 1985, the U.S. Supreme Court provided a partial answer when it decided Marek v. Chesny, holding that Rule 68 operates to preclude a civil rights plaintiff from recovering post-offer attorney’s fees. The Court stated that Rule 68 costs include all costs …

A Guide For Certifying Agencies: Mgl 258f Certification For Victims Of Violent Crime And Human Trafficking, Alexandra Bonazoli, Julie A. Dahlstrom, Emily Leung, Sarah Leidel, Jennifer Ollington, Ashleigh Pelto, Jamie Sabino

Faculty Scholarship

This guide provides information to certifying agencies about the new law, M.G.L. 258F Certification for Victims of Violent Crime and Human Trafficking, which went into effect on July 1, 2021. The law provides victims of violent crime and human trafficking equal access to justice throughout the Commonwealth and establishes transparent and consistent processes for victims seeking certifications from law enforcement agencies.

Third Party Funding Of Investment Arbitration, Maya Steinitz

Faculty Scholarship

This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party funding of investment arbitration; the effects of arbitration funding on the arbitral process; developments in national, international, and soft law governing investment arbitration funding; and the likely effects of third-party funding on the international bar.

Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party funding, also known as "dispute finance," is a controversial, dynamic, and evolving arrangement whereby an outside entity ("the funder") finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful.' It has been documented in more than sixty countries on six continents worldwide-including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this …

Through A Lens Of Therapeutic Jurisprudence: A Case Study Of The Children’S Court Drug Court In Perth, Suzanne Ellis

Theses: Doctorates and Masters

The Children’s Court Drug Court (CCDC) has operated for 20 years in Perth as an alternative Court for drug-using young offenders who present at the Children’s Court. Despite the CCDC’s relative longevity, researchers have examined neither the inner workings of the Court nor the experiences of its actors. The current study aimed, not to evaluate the CCDC, but to identify measures needed to refine CCDC processes to enhance the experiences and outcomes of young people who participate in the CCDC. It argues that despite the CCDC’s foundations in contentious therapeutic jurisprudence principles, on balance, the actors – young people, their …

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Alternative Dispute Revolutions: Technology And Adr In The Middle East Following The Covid-19 Pandemic, Zachary R. Calo, Barry Solaiman

Scholarly Works

This article seeks to close a gap in the literature on the use of alternative dispute resolution (ADR) in the Middle East. In particular, it examines unprecedented developments in countries situated in the Persian Gulf where a range of innovative institutions outside the domestic court system provide ADR services. Qatar, Saudi Arabia, and the United Arab Emirates host a number of sophisticated international courts as well as specialized dispute resolution centers backed by the English common law and recognised international arbitration and mediation rules. The COVID-19 pandemic has necessitated remote hearings around the world as courts seek to dispense justice …

Utilisation Of Academic Library Information Resources And Services By Administrative And Professional Senior Members For Scholarly Communication And Work-Related Activities – The Case Of Kwame Nkrumah University Of Science And Technology, Esther White (Phd.), James Kwasi Oberko

Library Philosophy and Practice (e-journal)

This article contributes to the body of knowledge on scholarly communication and effective utilisation of academic library information resources and services by Administrative and Professional Senior Members in public universities. The aim of the article was to ascertain the utilisation of information resources and services from the academic library system by Administrative and Professional Senior Members for their scholarly communication and work-related activities. A case study research design and sequential explanatory mixed method approach were adopted with Kwame Nkrumah University of Science and Technology (KNUST) as the research site. Data for the study were collected through self-designed questionnaire using Google …

R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes

All Faculty Publications

Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …

Brown, Massive Resistance, And The Lawyer's View: A Nashville Story, Daniel J. Sharfstein

Vanderbilt Law Review

Editors’ Note: For nearly 75 years, the Vanderbilt Law Review has sought to publish rigorous, intellectually honest scholarship. In publishing the following Essay, we seek to provide an equally unflinching look at one way in which Vanderbilt Law School and its graduates have participated in the creation of inequities that persist today.

The Law School has produced legions of graduates committed to the pursuit of justice. Some alumni’s legacies, however, are more complicated. Brown, Massive Resistance, and the Lawyer’s View: A Nashville Story tells the story of one such alumnus. In many ways, Cecil Sims is a model of an …

Worker Voice And Corporate Governance: Putting Words Into Actions, Thomas A. Kochan

Vanderbilt Law Review

Two decades ago, Margaret Blair and I edited a book focused on governance of modern corporations. At the time it was evident that the dominant paradigm governing corporate governance and behavior centered on maximizing shareholder value. This was a shift in practice that began in the 1980s and was endorsed in 1997 by the Business Roundtable, when it recanted on its 1990 statement that supported a broader stakeholder view of corporate responsibilities.

The effects of the shift from a stakeholder to a shareholder-maximizing set of practices have been devastating for American workers and the overall economy. It reinforced and accelerated …

Diversity From The Perspective Of Corporate Boards And Lawyer Disciplinary Boards, Lissa L. Broome, John M. Conley

Faculty Publications

This Article addresses the organizing question of this symposium—whether diversifying state medical boards (SMBs) would improve their effectiveness in disciplining doctors—by drawing on the comparable experiences of corporate boards of directors and lawyer disciplinary boards. Reexamining our own qualitative study of corporate board diversity conducted several years ago, we find that almost of all of the arguments for board diversity raised in the business literature or our own interviews also tend to support diversity on SMBs. Reviewing the legal profession’s experience with the diversity question on lawyer disciplinary boards, we find that many of these arguments have also been recognized, …

Monopolizing Whiteness, Erika K. Wilson

Faculty Publications

In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income, predominantly nonwhite school districts. The existence of predominantly white and affluent school districts in racially diverse metropolitan areas has material consequences and symbolic meaning. Materially, such districts receive greater educational inputs such as higher per-pupil spending, higher teacher quality, and newer facilities than their neighboring more racially diverse districts. Symbolically, owing to the material and status-based value attached to whiteness, the districts are also viewed as elite, which creates a magnetic effect that draws white affluent …

A Tribute To Professor Catherine Mahern, Lawrence Raful

Scholarly Works

No abstract provided.