Digital Commons Network^™

The Sovereign In Commerce, Kate Sablosky Elengold, Jonathan D. Glater

Faculty Publications

The federal government is increasingly a commercial actor, providing retail services directly through its own agencies and indirectly through privatesector contractors. Government involvement with and in the private sector is intended to capitalize on the expertise and efficiency of businesses, benefit taxpayers, and promote public ends. Yet this involvement also confers advantages that benefit the executive branch and its contractor allies at the expense of consumers and states. Our prior work in these pages examined how a muddle of doctrines that form a sovereign shield can be exploited by contractors and the executive branch to evade civil liability and regulatory …

War Powers Abrogation, Jeffrey M. Hirsch

Faculty Publications

The United States’ peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers’ duties also interfere with the demands of employers, creditors, and government agencies—which can result in job losses, financial difficulties, and other costs. As a result, the federal government has long used its constitutional war powers to enact legislation protecting servicemembers from many of these hardships. These statutes provide employment leave and antidiscrimination protection, …

Video Feedback Intervention For Cognitively Impaired Older Drivers: A Randomized Clinical Trial, Brian R Ott, George D Papandonatos, Erin M Burke, Donna Erdman, David B Carr, Jennifer D Davis

Open Access Publications

Introduction: This clinical trial aimed to determine whether in-car video feedback about unsafe driving events (UDE) to cognitively impaired older drivers and family members leads to a reduction in such driving behaviors.

Methods: We randomized 51 cognitively impaired older drivers to receive either (1) a weekly progress report with recommendations and access to their videos, or (2) video monitoring alone without feedback over 3 months.

Results: UDE frequency/1000 miles was reduced by 12% in feedback (rate ratio [RR] = 0.88, 95% confidence interval [CI] = .58-1.34), while remaining constant with only monitoring (RR = 1.01, 95% CI = .68-1.51). UDE …

The Shadow Bargainers, Ronald F. Wright, Jenny Roberts, Betina Cutaia Wilkinson

Hofstra Law Faculty Scholarship

Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate. This Article looks into the bargaining part of plea bargaining. It reports on the responses of over 500 public defenders who participated in our nationwide survey about their objectives and practices during plea negotiations.

The survey responses create a rare empirical test of a major tenet of negotiation theory, the claim that attorneys bargain in the "shadow of the trial." This is a theory that some defenders embrace and others reject. Describing the factors they believe …

Cognitive And Perceptual Barriers To Green Infrastructure: Local Decision-Making In Rhode Island, Kyle E. Gray

Open Access Master's Theses

Green infrastructure uses natural and nature-based systems and practices to infiltrate and treat stormwater runoff at its source, lessening the burden and reliance on “gray” piped stormwater networks. Existing academic and governmental literature reports that local decision-makers face complicated cognitive and perceptual barriers that exacerbate other hindrances to green infrastructure implementation. These barriers are understudied at the local level in general, as well as in Rhode Island (“RI”) municipalities in particular. This study employs a literature review, semi-structured interviews with RI municipal officials, and thematic coding to describe the cognitive and perceptual barriers inhibiting wider green infrastructure implementation. Of the …

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Faculty Publications

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …

Seismic Shifts: The Covid-19 Pandemic's Gendered Fault Lines And Implications For International Law, Shruti Rana

Faculty Publications

As we look towards the pandemic's end, this article examines the pandemic's impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic reinforces public-private divides in international law, reinvigorating previous debates over the state's power in social relations-its role in protecting people from, as opposed to perpetrating, harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have operated to support and expand the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such …

Neural And Neuropsychological Correlates Of Driving In Autism And Attention-Deficit/Hyperactivity Disorder, Haley Bednarz

All ETDs from UAB

Individuals with autism spectrum disorder (ASD) and with attention- deficit/hyperactivity disorder (ADHD) commonly exhibit difficulty with driving. Understanding the neuropsychological factors that contribute to driving difficulty can inform designing effective training programs for these groups. The overarching goal of the current project was to examine how core sociocognitive deficits of ASD and of ADHD (specifically executive functioning (EF) and theory of mind (ToM)) relate to driving behavior among licensed drivers. To comprehensively investigate this question, we employed a multipronged approach involving three modalities of measurement: 1) driving performance in a driving simulator, 2) comprehensive neuropsychological assessment, and 3) neural response …

Disparities, Telemedicine, And Covid-19: Rhetorical Approaches To Health And Medicine For Positive Behavior Change In Older African American Women, Audrey S. Wrenn

All ETDs from UAB

Overlapping exigencies experienced during the COVID-19 pandemic illustrate the need for adaptable and flexible public health responses that include cultural perspectives and lived experiences of specific groups. The rhetoric surrounding COVID-19 has proven to be multifocal because of the social and environmental experiences occurring simultaneously. Americans experienced periods of civil unrest, unequitable health care, overall lifestyle changes, and an immediate shift to telehealth use as the pandemic unfolded. This research examines telehealth engagement during the pandemic among African American (AA) women ages 75 and older to indicate the benefits and challenges to patient care in a virtual environment and from …

Pittsburgh's Explosive Mystery: A New Holistic Study Of The Allegheny Arsenal Tragedy, Ethan J. Wagner

The Gettysburg College Journal of the Civil War Era

This research critically examines the issues surrounding the worst civilian disaster of the American Civil War, occurring on September 17, 1862 in the Lawrenceville neighborhood of Pittsburgh, Pennsylvania. Here, seventy-eight teenage girls perished as the Allegheny Arsenal munitions laboratory exploded. Investigations in the disaster’s aftermath, and more recent analysis, have remained largely hesitant in placing chief blame as to its cause. Furthermore, for an event that would seem so significant, its story has inadequately been told. Given that the national spotlight was elsewhere at the time, as the Battle of Antietam was fought on the same day, existing literature has …

Beyond Bail, Jenny E. Carroll

Articles

From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of monetary bail, reform movements have altered the landscape of pretrial detention. Yet, reform movements have paid little attention to the emerging reality of a post-monetary-bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on nonmonetary conditions of release. These nonmonetary conditions can be problematic for many of the same reasons that monetary bail is problematic and can inject additional bias into the pretrial system.

In theory, nonmonetary conditions offer increased opportunities …

An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith

Articles

The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …

"This Wearisome Analysis": The Clear And Present Danger Test From Schenck To Brandenburg, James R. Mcgoldrick Jr.

South Dakota Law Review

No abstract provided.

Male Graduates' Experiences Following An Alternatives Sentencing Program In Grenada, Wendy Margaret Romain

Walden Dissertations and Doctoral Studies

AbstractJuveniles in many countries around the world were incarcerated during the 1980s and 1990s due to countries’ legislating tough-on-crime policies against juveniles. Community-based alternative sentencing options have since been found to be more effective than prisons for developmental and rehabilitative needs of juveniles. However, there is a dearth of research on how these programs have impacted the lives of their graduates. In this study, five male graduates of an alternative sentencing program on the island of Grenada were interviewed to examine how they applied skills and knowledge gained from the program. The theory of change model based upon Prochaska’s Transtheoretical …

Perceptions Of Healthcare Workers About Jamaica’S Health Disaster Management Plan, Terence Raphael Walters

Walden Dissertations and Doctoral Studies

Disasters cause several barriers to the provision of healthcare services in Jamaica. These include damaged infrastructure, reduced access to medical care and supplies, increased demand for healthcare services, and physical and psychosocial impacts on healthcare workers. It is not known how effective the Ministry of Health Procedures Manual No. 7, Disaster Management is and how healthcare workers in Jamaica perceive the effectiveness of the plan. The purpose of this study was to explore how healthcare workers in Jamaica perceived the effectiveness of the plan. The procedures manual requires collective actions by healthcare workers to be implemented successfully, and therefore collective …

Risks For African American Male Youth Involved In The Juvenile Justice System, Cassandra Showers

Walden Dissertations and Doctoral Studies

The purpose of this action research study was to gain an understanding of the factors and risks that contribute to juvenile delinquency of African American male youth involved in the juvenile justice system. Ecological systems theory was used to examine strategies used by social workers with this population and the effectiveness of those interventions. Individual interviews with 5 social workers recruited using nonprobability sampling were conducted. The interviews were audio-recorded, then manually transcribed. Responses were uploaded into the NVivo software system for coding. The software system was used to identify themes and patterns to substantiate the research question. The study …

A Qualitative Exploration Of Campus Law Enforcement Sexual Assault Response, David Alan Ferber

Walden Dissertations and Doctoral Studies

Sexual assault violence affects many college students regardless of ethnicity, age, gender, race, or socio-economic background. There is a problem with reporting sexual assaults on college campuses to campus law enforcement officials. The purpose of this qualitative narrative study was to utilize the theory of andragogy and social theory to identify the factors that contribute to effective campus law enforcement training as it relates to responding to sexual assaults. The research questions addressing the existing gap in the literature examined whether campus law enforcement officers were receiving adequate training to assist a sexual assault victim and the strategies that are …

Effects Of Intervention And Prevention Programs On Youth Risk-Taking Behavior In Monroe County, Audrey D. Davis

Walden Dissertations and Doctoral Studies

Crime committed by adolescents between the ages of 13 and 16 is a recurring issue in the United States. Research showed a number of contributing factors associated with youth risk-taking behaviors and juvenile delinquency. The purpose of this qualitative case study was to improve the understanding of the relationship between intervention and prevention programs and curbing risk-taking and delinquency among adolescents between the ages of 13 and 16 in Monroe County, New York. This study addressed the connection between modern theories of deviance and programs of juvenile delinquency intervention as conceptualized by Chapman as the theoretical framework. Using intrinsic case …

One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks

Scholarly Works

This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation urged dismantling a host of state and local government laws operating as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher said little …

State Of The University Annual Report - 2020-2021, Office Of The President, East Tennessee State University, University Marketing And Communication, East Tennessee State University

Office of the President State of the University Annual Report

No abstract provided.

Shifting Sands: The Reconfiguration Of Neoliberal Youth Penality, P Gray, R Smith

School of Law, Humanities and Social Sciences

This article begins by tracing the emergence of ‘therapeutic surveillance’ as a new formula for neoliberal disciplinary power. It maps and interrogates the reconfiguration of a hybrid array of neoliberal rationalities and technologies for the penal governance of young people who offend. It then engages with the challenges posed by critical realists to the governmentality position by questioning how human agency can contest, subvert and resist the dystopian reach of ‘therapeutic surveillance’ in action. While ‘therapeutic surveillance’ is steeped in a disciplinary logic of individualization and responsibilization, we argue that it also opens the space for a more transformative youth …

The Big Data Regulator, Rebooted: Why And How The Fda Can And Should Disclose Confidential Data On Prescription Drugs And Vaccines, Christopher J. Morten, Amy Kapczynski

Faculty Scholarship

Medicines and vaccines are complex products, and it is often extraordinarily difficult to know whether they help or hurt. The Food and Drug Administration (FDA) holds an enormous reservoir of data that sheds light on that precise question, yet currently releases only a trickle to researchers, doctors, and patients. Recent examples show that data secrecy can be deadly, and existing laws such as the Freedom of Information Act (FOIA) cannot solve the problem. We present here a wealth of new evidence about the urgency of the problem and argue that the FDA must “reboot” its rules to proactively disclose all …

Evaluating An Overall Experience Of Virtual Learning In Meeting The Continuing Education Needs Of Rural Nurses In North Carolina, Yuen Li (May) Cheung

Doctor of Nursing Practice Projects

Background. Rural nurses in North Carolina (NC) face several barriers to accessing face-to-face continuing education (CE) opportunities.

Objective. The purpose of the project is to connect to rural nurses in NC by designing accessible and flexible CE programming that includes virtual learning activities.

Methods. System Usability Scale (SUS) and the Usability Metric for User Experience short version (UMUX-Lite) tools were used. to predict whether participants will use or adopt a new technology following a North Carolina Area Heath Education Center (NC AHEC) hosted virtual conference.

Findings. Of the 103 participants who attended the CE conference, 93 …

Dangerous Women/Women In Danger: Gendered Impacts Of The September 11th Attacks, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

VERBAL AND PHYSICAL EXPRESSIONS of public animosity toward Arab and Muslim Americans surged in the United States in the first months after the attacks on September 11, 2001 (9/11), and then quelled to highly varying degrees afterward, depending on place (Levin 2017). This pattern was unlike punitive government actions, which continued nationwide at high levels for years (see Cainkar 2009). My ethnographic and sociological study of the impacts of 9/11 on Muslim Arabs in metropolitan Chicago, involving field research conducted between 2002 and 2005 and in-depth interviews with 102 Arab Muslims (45 percent of whom were women), found that women …

Economic Liberty Takings, Jeffrey Manns

GW Law Faculty Publications & Other Works

State governors rediscovered the sweeping contours of their police powers in imposing recurring waves of COVID-19 pandemic shutdowns. However necessary shutdowns have been to slow down the spread of COVID-19, state governors’ actions have exposed how takings law has become all but toothless in compensating business owners from state-imposed shutdowns. The result has been state governors picking economic winners and losers. Stores and sectors that state governors designated as “essential” have remained continuously open and received windfalls of pandemic profits. In contrast, businesses that state governors deemed “non-essential” have been stripped of their ability to function for months at a …

Ability Of The Eeoc To Litigate For Compensation On Behalf Of A Specific Individual Despite Automatic Stay, Julia Guthy

Bankruptcy Research Library

(Exceprt)

Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides for an automatic stay, i.e., a “statutory injunction against efforts outside [a] bankruptcy to collect debts from a debtor under the protections of the Bankruptcy Code.” However, pursuant to section 362(b)(4) of the Bankruptcy Code, a governmental agency may commence or continue an action against a debtor to enforce the agency’s police or regulatory power despite the automatic stay (hereinafter, the “§362(b)(4) Exception”). For the exception to apply, the action of the governmental agency must “protect the public health and safety” as opposed to “a …

The Upstart Peril In The Nineteenth-Century English Novel, Lydia Craig

Dissertations

Responding to the French Revolution (1789-1799) with his widely read text Reflections on the Revolution in France (1790), conservative Whig politician Edmund Burke influentially accused an ambitious bourgeoisie of inciting the lower classes to revolt against the aristocracy and Bourbon dynasty. He also insinuated that only the class hierarchy and feudal respect prevented a similar upstart peril in England from occasioning revolution. For the English middle classes, this demonization of upstarts, or parvenus posed an ideological challenge to their public consolidation as a political and cultural force. Bourgeois authors from Jane Austen to Charles Dickens utilized an upstart rivalry device …

‘Whether The Elves Are Watching Or Not’. Listening To Teachers’ Experiences Regarding Surveillance Technologies In Schools., Martin Edward Edmonds

Plymouth Institute of Education Theses

Abstract Surveillance technologies have become a normalised aspect of the workplace, and daily life, in England. This is particularly true in schools, where CCTV (Closed Circuit Television) is commonplace, and an audit culture well established. This study explores how teachers feel the atmosphere and culture of a school is influenced by technologized surveillance tools. Three interrelated questions were explored; what effect do surveillance technologies in schools have upon relationships between colleagues and students? What is lost by the application of such surveillance technologies in schools? How can Ivan Illich’s work show us a way to respond? To explore these questions, …

Engaging, Enabling And Embedding Professionalism Through Scrutiny Of Practice In Healthcare, Margaret Fisher

Other Faculty of Health Theses

Introduction: This portfolio presents a critical synthesis of the nature and significance of a programme of research, spanning a decade of the candidate’s academic career as a dual-registered nurse and midwife. Collaborative studies exploring pre-registration assessment of practice and post-registration revalidation in healthcare and social work have made a distinct contribution to the body of knowledge, through national and international dissemination. Findings from the set of nine published works continue to influence academic and clinical contexts, while also contributing to the evidence-base informing professional policy. Aim: A conceptual framework is proposed, which seeks to advance the purpose of practice assessment …

Innovating Like An Optimist, Preparing Like A Pessimist, Casey Fiesler

Colorado Technology Law Journal

No abstract provided.