Digital Commons Network^™

The Armenian Genocide, Customary International Law, And U.S. Recognition, Jordan Koopmans

Intercultural Human Rights Law Review

This article asserts that President Biden's statement recognizing the Armenian Genocide of 1915 illustrates that genocide was prohibited by customary international law when the genocide started. It examines possible legal theories to explain U.S. recognition as well as historical evidence and statements made by other states to establish that there is a strong case for genocide already outlawed by customary international law in 1915. This provides a foundation for the article's assertion and subsequent legal analysis of the United States' statements of recognition under a customary international law theory, concluding that this is the most likely legal theory the U.S. …

Experiences Of Queer Women And Nonbinary Individuals With Mental Health Care Services During The Covid-19 Pandemic, Elizabeth Claire Simpson

Antioch University Dissertations & Theses

Background: The COVID-19 pandemic has had a negative effect on mental health. Queer women and nonbinary individuals disproportionately experience mental health issues when compared to heterosexuals, often facing challenges in receiving care from providers who are sensitive to their concerns and competent in their care. Objective: To report experience of queer women and nonbinary individuals in the United States with mental health care services before and during the pandemic. Methods: Data were gathered via a 43-item survey about experiences with mental health care services before and during the pandemic that was posted on four social media sites, and flyers hung …

Optimizing Whistleblowing, Usha Rodrigues

Scholarly Works

Whistleblowers have exposed misconduct in settings ranging from public health to national security. Whistleblowing thus consistently plays a vital role in safeguarding society. But how much whistleblowing is optimal? And how many meritless claims should we tolerate to reach that optimum? Surprisingly, legislators and scholars have overlooked these essential questions, a neglect that has resulted in undertheorized, stab-in-the-dark whistleblower regimes, risking both overdeterrence and underdeterrence.

This Article confronts the question of optimal whistleblowing in the context of financial fraud. Design choices, which play out along two axes, have profound effects on the successful implementation of whistleblowing policy. One axis varies …

Platforms As Blackacres, Thomas E. Kadri

Scholarly Works

While writing this Article, I interviewed a journalist who writes stories about harmful technologies. To do this work, he gathers information from websites to reveal trends that online platforms would prefer to hide. His team has exposed how Facebook threatens people’s privacy and safety, how Amazon hides cheaper deals from consumers, and how Google diverts political speech from our inboxes. You’d think the journalist might want credit for telling these important stories, but he instead insisted on anonymity when we talked because his lawyer was worried he’d be confessing to breaking the law—to committing the crime and tort of cyber-trespass. …

Protecting The Public Domain And The Right To Use Copyrighted Works: Four Decades Of The Eleventh Circuit’S Copyright Law Jurisprudence, David E. Shipley

Scholarly Works

This article is about the importance of the copyright law jurisprudence from the U.S. Court of Appeals for the Eleventh Circuit. This appellate court turns 40 in 2021, and it has rendered many influential copyright law decisions in the last four decades. Its body of work is impressive. This article discusses the court’s important decisions in the following areas: the originality standard; the application of the U.S. Supreme Court’s Feist decision to compilations, directories, computer software, architectural works, and other creative works like movies, photographs, and characters; copyright protection for unfixed works; the scope of the government edicts doctrine; and, …

Collected Wisdom On Selecting Leaders And Managing Mdls, Elizabeth Chamblee Burch, Stephen Bough

Scholarly Works

Today, nearly one out of every two new suits filed in federal civil court is part of a multidistrict litigation (MDL). Initially designed to organize antitrust cases against electrical equipment manufacturers, MDL’s adaptability and minimal requirements made it the preferred approach for coordinating pretrial process for all manner of cases, from securities, employment, intellectual property, and antitrust to sales practices, common disasters, and products liability. Yet, the simplicity of MDL’s technical requirements—that cases are pending in different districts and share a common factual question—belie the complexity of the proceedings themselves. Governed principally by insiders’ unwritten but longstanding norms, both newly-appointed …

Perceptions Of Justice In Multidistrict Litigation: Voices From The Crowd, Elizabeth Chamblee Burch, Margaret S. Williams

Scholarly Works

With all eyes on criminal justice reform, multidistrict litigation (MDL) has quietly reshaped civil justice, undermining fundamental tenets of due process, procedural justice, attorney ethics, and tort law along the way. In 2020, the MDL caseload tripled that of the federal criminal caseload, one out of every two cases filed in federal civil court was an MDL case, and 97% of those were products liability like opioids, talc, and Roundup.

Ordinarily, civil procedure puts tort plaintiffs in the driver’s seat, allowing them to choose who and where to sue, and what claims to bring. Procedural justice tells courts to ensure …

Remarks, Andrea L. Dennis

Scholarly Works

Over the course of one week, the Michigan Journal of Law Reform presented its annual Symposium, this year titled Reimagining Police Surveillance: Protecting Activism and Ending Technologies of Oppression. During this week, the Journal explored complicated questions surrounding the expansion of police surveillance technologies, including how police and federal agencies utilize their extensive resources to identify and surveil public protest, the ways in which technology employed by police is often flawed and disparately impacts people of color, and potential reforms of police surveillance technology. Before delving into these complicated questions, I presented remarks on the history of police surveillance in …

Panel Three: How Should Spacs Be Treated Going Forward (Ipos, Mergers, Or Distinctly Different?), Usha Rodrigues, Gregg A. Noel, Rick Flemming, Michael Stegemoller

Scholarly Works

From the Symposium: Here to Stay: Wrestling with the Future of the Quickly Maturing SPAC Market

Panel addressing and examining the policy concerns around special purpose acquisition companies (SPACs).

Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity

Scholarly Works

In an effort to improve outcomes for CSEC (commercial and sexual exploitation of children) youth and to facilitate accurate identification of survivors through the implementation of multidisciplinary, survivor-focused responses, jurisdictions have increasingly looked towards treatment courts to serve as a model for prevention, intervention, diversion, and treatment. Juvenile and family courts are uniquely positioned to intervene in cases involving CSEC. Several jurisdictions have already created treatment courts to specifically address the needs of survivors and those at risk of CSEC, particularly those who are involved in the child welfare or juvenile justice systems. The goal of treatment courts for survivors …

Tributes To Family Law Scholars Who Helped Us Find Our Path, Thomas Oldham, Paul M. Kurtz

Scholarly Works

At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project. So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members …

Prepaid Death, Victoria J. Haneman

Scholarly Works

No abstract provided.

Systems Of Oppression: The Impact Of Discrimination On Latinx Immigrant Adolescents’ Well-Being And Development, Stephanie A. Torres, Susana Sosa Phd, Roxanna Flores Tousaint Phd, Sarah Alicia Jolie Phd, Yvita Bustos Phd

Psychology: Faculty Publications and Other Works

With over 400 harmful immigration policy changes in the past 4 years, Latinx adolescents and families nationwide are developing within a context of extreme anti-immigrant sentiment (Dismantling and reconstructing the U.S. immigration system: A catalog of changes under the Trump presidency, Migration Policy Institute, 2020). This paper introduces the Multitiered Model of Oppression and Discrimination (MMOD), a conceptual model for understanding the impacts of multiple levels of discrimination on the well-being and development of Latinx immigrant adolescents. Interpersonal discrimination (Hispanic Journal of Behavioral Sciences, 2010, 32, 259), community-held stereotypes (Social Psychology of Education, 2001, 5, 201), institutional policies (Children and …

Worth Writing! Worth Reading! Edition Vii (Winter 2022), New York Law School

New York Law School Community Newsletter

No abstract provided.

Leaving “Sex” Out Of It: Amending The Federal Arbitration Act To Ensure Bostock’S Victory For Lgbtq Employee Rights, Sheya Rivard

Roger Williams University Law Review

No abstract provided.

The Wild West Of Data Privacy: Why Rhode Island Needs To Enact Comprehensive Legislation To Protect Consumers’ Data, Candace Quinn

Roger Williams University Law Review

No abstract provided.

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Determination Of The Morphometric Characteristics Of Donkey (Equus Asinus)Populations Reared In Turkey, Eser Kemal Gürcan, Serdar Genç, Selçuk Kaplan, Fulya Özdi̇l, Emel Özkan Ünal, Hasan Bulut, Selen Yatkin, Sezen Arat, Mehmet İhsan Soysal

Turkish Journal of Veterinary & Animal Sciences

This research aims to determine the morphometric characteristics of the donkey (Equus asinus) populations reared in Turkey. For this purpose, live weights and body measurements were collected from 500 donkeys. The donkeys were grouped according to the factors of color, age, sex, and province and the live weights (LW) (kg), withers heights (WH), rump heights (RH), body lengths (BL), chest circumferences (CC), chest depths (CD), front shank circumferences (FSC), head lengths (HL) and ear lengths (EL) (cm) of the donkeys were measured. In the study, the males were found to have higher values of live weight, withers height, rump height, …

Experiential-Based Feedback During Alcohol Intoxication And Its Effect On Drinkers’ Risk Awareness, Alexandra R. Kelly

Theses and Dissertations--Psychology

The prevalence of alcohol-impaired driving injuries and fatalities has not decreased for over a decade despite strategies to reduce and prevent driving under the influence of alcohol (DUI). In 2019, 10,142 people died in alcohol-impaired driving crashes in the United States, which totaled to 28% of all traffic fatalities for the year. DUI interventions have been found to have moderate effects on reducing DUI recidivism. Prevention research has identified a lack of risk awareness in DUI offenders and this could be a target to motivate behavioral change. However, the training to increase levels of risk awareness needs to occur in …

Effects Of An Online Insomnia Intervention On Sleep And Alcohol Consumption, Justin Verlinden

Theses and Dissertations--Psychology

Alcohol use disorder (AUD) and insomnia are highly comorbid, due in part to the use of alcohol as a sleep aid among individuals with insomnia. Initial studies have shown that cognitive behavioral therapy for insomnia (CBT-I), the first-line treatment for insomnia, is moderately successful at improving both sleep and drinking outcomes in heavy drinkers with insomnia. However, CBT-I is expensive and not widely available. Online CBT-I could be a more accessible alternative. One online CBT-I program, Sleep Healthy Using the Internet (SHUTi), is especially promising due to its high efficacy in treating insomnia and its individualized and interactive platform. Here …

Legal Issues In Tribal E-Commerce, Adam Crepelle

American University Business Law Review

No abstract provided.

Recent Law Reforms In Eu Sustainable Finance: Regulating Sustainability Risk And Sustainable Investments, Felix Mezzanotte

American University Business Law Review

Responding to increasingly degrading environmental and social conditions, the European Commission has fostered important legal and regulatory reforms to achieve sustainable finance objectives in Europe. However, these reforms are numerous, complex, and fast-paced. They have proved difficult to grasp and contextualize, while adding to the intricacies of an already highly sophisticated EU legal and regulatory regime. This Article outlines and examines such reforms with the purpose of providing necessary insights into the current state of EU law and regulation in the area of sustainable finance. The first part of the Article conceptualizes the meaning of sustainability risk and of sustainable …

Long Covid And Medical Gaslighting: Dismissal, Delayed Diagnosis, And Deferred Treatment, Larry Au, Cristian Capotescu, Gil Eyal, Gabrielle Finestone

Publications and Research

While we know a lot more about Long Covid today, patients who were infected with Covid-19 early on in the pandemic and developed Long Covid had to contend with medical professionals who lacked awareness of the potential for extended complications from Covid-19. Long Covid patients have responded by labeling their contentious interactions with medical professionals, organizations, and the broader medical system as “gaslighting.” We argue that the charge of medical gaslighting can be understood as a form of ontological politics. Not only do patients demand that their version of reality be recognized, but they also blame the experts who hold …

“I Think I’Ve Always Thought I Have To Prove Myself”: Interpretations, Perceptions, And Teacher Sensemaking At A Distance, Rafael Zavala

Dissertations

This grounded theory, constant comparative method study provides a Critical Race Institutional Logics Perspective account of Latina teacher sensemaking of distance learning. Distance learning—while not a particularly new school initiative, school reform effort, or organizational change—brought forth an organizational change that unmasked racist systems and deficit policy models perpetuating persistent, pervasive, disproportionate, low academic achievement for Latinx students. This study looked at how Latina teachers made sense of and enacted distance learning from their own personal values, beliefs, perceptions, and or impressions. Particularly, this study analyzed the role of race and its effects in shaping Latina teacher practice through these …

Understanding The Process Of Health Goal Achievement Among Black Men Who Have Sex With Men (Msm) In Chicago: An Exploratory Qualitative Study, Anthony Johnson

Dissertations

Background: Over the last 30 years, Black men who have sex with men (MSM) have been disproportionately affected by HIV/AIDS while accounting for only approximately 1% of the population of the United States. The majority of research with Black MSM has focused on HIV infection risk factors, but very little attention has been given to their overall health and well-being. The breadth of HIV-health related research that includes Black MSM tends to demonstrate high levels of racial, environmental, and economic disparities that need to be addressed. However, more research must be conducted to explicate the process of exercising strength and …

The Impact Of Democratically Elected Islamist Governments On The Implementation Of Foreign Policy: Cases Of Egypt, Morocco, And Tunisia, Taghreed Alsabeh

Dissertations

This dissertation aims to examine the foreign policy of elected Islamist parties in Egypt, Morocco, and Tunisia while in power and compare their foreign policy with non-Islamist parties from their respective countries. It seeks to answer the following questions: What is the role of democratically elected Islamist parties on the implementation of foreign policy? Does the foreign policy of Islamist parties differ from that of non-Islamist parties? Do Islamist parties apply their Islamist ideology to foreign policy? Finally, do Islamist parties in Egypt, Morocco, and Tunisia share similar foreign policy approaches? The study concludes that the difference in foreign policy …

Comparison Of First-Time Neurocognitive Baseline Cognigram Assessments Between American And Brazilian Professional Bull Riding Athletes, Peter Wang

University of the Pacific Theses and Dissertations

The purpose of this study was to compare the first-time neurocognitive concussion baseline outcomes, using the Cognigram assessment software, between American and Brazilian professional bull riders. The analysis was performed using the database provided by the Professional Bull Riding Association Sports Medicine staff. The Cognigram assessment measures and analyses four outcomes: Psychomotor Function, Attention, Learning, and Working Memory Speed. The study examined the test outcomes of 210 professional bull riders (150 American, 60 Brazilian). A one-way multivariate analysis of covariance (MANCOVA) was used to determine if there a significant difference in the four assessment outcomes when comparing the country of …

Supporting Latine Children’S Informal Engineering Learning And Spatial Thinking Through Tinkering And Storytelling, Diana Acosta

Dissertations

In the United States, the Latine community is the fastest growing minority group. Projections estimate that by the year 2060, they will represent 28% of the total population. Yet, Latines continue to be underrepresented and underserved in STEM fields and careers. Providing equitable informal STEM learning opportunities to young children may be a way to increase access and interest in STEM, to address the broader goal of increasing representation. Importantly, for these learning experiences to be truly equitable they must be meaningful and engage everyday cultural practices. Guided by a strengths-based approach, the current study examines how oral stories as …

The Role Of Lived Experiences In Culturally Responsive School Leaders’ Administrations: A Phenomenological Case Study, Angela Dolezal

Dissertations

This phenomenological case study explored how the lived experiences of three self-identifiedculturally responsive high school leaders impacted the systemic decisions they made for their school and their students. The study also investigated how these lived experiences informed the leaders’ responses to their stakeholders’ reactions to the systemic decisions. The three school leaders participated in a three-part interview series to answer these three questions (1) What are the personal and educational life histories of three self-identified culturally responsive school leaders in a predominantly White school? (2) How do the life experiences described in the self-identified culturally responsive school leaders’ life histories …

An Ethics Of Doctrinal Emergence: Reading Newman With Augustine And Contemporary Information Theory, Jeffrey John Campbell

Dissertations

Jeffrey J. CampbellLoyola University Chicago AN ETHICS OF DOCTRINAL EMERGENCE: READING NEWMAN WITH AUGUSTINE AND CONTEMPORARY INFORMATION THEORY The aim of this essay is to begin the process of a reconfiguration of the theological category of doctrinal development and to integrate an “emergent doctrinal ethics of belief” as an inextricable dimension of this category. Most scholarly writing on doctrinal development has taken place in the wake of the Enlightenment with its focus on epistemology, and doctrine is conceived of as “referencing” a quasi-metaphysical “res.” I attempt to “update” the guiding metaphors of doctrinal development with the goal of moving discussions …