Digital Commons Network^™

Brains Without Money: Poverty As Disabling, Emily R. Murphy

Faculty Scholarship

e United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the “deserving” and “undeserving” poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals are assumed to be at fault for their disadvantage and are therefore less deserving of aid. This Article argues that recent advances in brain and behavioral science undermine the factual basis for those assumptions. Poverty inhibits brain development during childhood and, later in life, adversely affects cognitive capacities that …

Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez

Faculty Scholarship

Social movements use legal tools to create narratives. Those narratives support social agendas which certain movements leverage to mislead their followers and potential followers. In this Article, we examine one influential anti-vaccine organization, the Informed Consent Action Network (ICAN), that uses its far-reaching platform to create false narratives around legal action. Again and again, this anti-vaccine group misrepresented both the legal and the factual meanings of court decisions, settlements, and other legal actions to create a narrative to galvanize its followers and influence newcomers. ICAN filed lawsuits that make anti-vaccine arguments—even when the legal framework did not fit doing so—and …

Regulating Democratized Investing, Abraham Cable

Faculty Scholarship

Robinhood and its imitators activated millions of new investors. Perhaps we should applaud them for finally resurrecting the retail investor after a decades-long decline. There are, however, reasons for concern. Robinhood racked up record fines in the run-up to its IPO. Its users are young, inexperienced, and prone to speculating in risky investments. Given these concerns, this Article considers how to protect this new class of “ultra-retail investors” while also leaving regulatory breathing room for these new market participants. It concludes that many current regulatory approaches risk being ineffectual or stamping out ultra-retail investing altogether by targeting product features that …

Trade Secrets In Biologic Medicine: The Boundary With Patents, Robin Feldman

Faculty Scholarship

Can something be both open and secret? That is the conundrum facing society as trade secret rights chafe against patent rights in cutting-edge, biologic medicine. The conflict is unsurprising. Trade secret has emerged as a relatively late bloomer among the family of intellectual property rights and only recently has begun to establish the boundaries of its own space, a process in which it will inevitably knock against other intellectual property doctrines already occupying their own domains. Nor is it surprising that the clash would arise in a fast-moving area of medical science. From insulin products, to cancer treatments, to mRNA …

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Touro Law Review

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

Bridges Of Law, Ideology, And Commitment, Steven L. Winter

Touro Law Review

Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …

Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer

Touro Law Review

What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …

Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson

Touro Law Review

The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …

Strategic Planning In Oral Health Improvement, R. Patel, R. Witton

Peninsula Dental School

No abstract provided.

Disparate Discrimination, Leah M. Litman

Michigan Law Review

This Article explains and analyzes a recent trend in the Supreme Court’s cases regarding unintentional discrimination, where the argument is that a law has the effect of producing a disadvantage on members of a particular group. In religious discrimination cases, the Court has held that a law is presumptively unconstitutional if the law results in a comparable secular activity being treated more favorably than religious activity. Yet in racial discrimination cases, the Court has said the mere fact that a law more severely disadvantages racial minorities as a group does not suffice to establish unlawful discrimination.

The two tracks for …

Staff Education In Caring For Children With Type 1 Diabetes, Freda Ansah-Larbi

Walden Dissertations and Doctoral Studies

AbstractType1 diabetes affects over 1.6 million people living in the United States of which about 200,000 are children under the age of 20, with an increase of 1.9% per year between 2002–2015. The large number of children with type 1 diabetes was observed in the project’s practice setting. In addition to the physical health impact on children, this disease also has major personal, economic, and social impacts on children and their families. Therefore, effective management is essential in reducing the risk of complications and achieving an overall improvement in the quality of life of patients. The purpose of the project …

General Education Elementary Teacher Competencies And Training In Teaching Children With Autism In The U.S. Virgin Islands, Merle Merinda Elizabeth Durand

Walden Dissertations and Doctoral Studies

The number of students diagnosed with autism spectrum disorder (ASD) is increasing. The overall problem in this study focused on showing how a lack of teacher training in ASD-specific courses could result in a lack of competencies in meeting the educational needs of children with autism in an inclusive setting. The purpose of this nonexperimental quantitative cross-sectional study was to determine if a difference exists in four teaching competencies among general education elementary teachers teaching children with autism in the general education classroom in the U.S. Virgin Islands based training. The theoretical framework was grounded in Medley’s teaching competence theory …

Closing The Black And Hispanic High School Graduation Gap In A Central Florida School District, Terra Ewing

Walden Dissertations and Doctoral Studies

To resolve the graduation gap among Black and Hispanic students in Central Florida, the development of equity-centered practices to improve high school graduation rates is essential. The purpose of this study was to determine the impact of incorporating methods such as the self achievement theory, self-determination methodology, and equity educational policies in all eight of the Central Florida School District schools to improve the graduation rates of the Black and Hispanic students in the Central Florida School District as well as to develop recommendations for implementation and training across the district. All data gathered was secondary and gathered from the …

Working With Families With Refugee Experiences In The United States: The Impact Of Forced Displacement On Parent-Child Relationships After Resettlement, Sakshi Kapur

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Refugees resettled in high-income countries like the United States have a unique set of challenges ranging from great psychological disturbance to acculturation challenges. With recent changes to policies related to immigration and refugee resettlement in the United States after the 2016 presidential elections, the refugee diaspora was left with resettlement services focused more on ensuring national security and economic independence rather than services that catered to re-integration beyond economics like acculturation stress, family functioning, and cultural adjustment. This systemic literature review explores the impact of forced displacement and migration on individuals, with an emphasis on family systems and parent-child relationships. …

Therapist Self-Disclosure With Mandated College Students: A Case Study, Zachary Lattanzio

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Facing the stark reality of a disturbing mental health crisis present in the college populations of the United States, college counseling centers (CCC) must figure out ways in which they can utilize all of their available limited resources, especially regarding potential high-risk students who are unlikely to seek treatment and those that pose a danger to self or others. In certain cases, mandated treatment can potentially mitigate or eliminate crises, and may serve as an effective intervention to students whose risky behavior may be normalized within the culture of colleges across the United States. However, while this course of treatment …

Evidence-Based Clinical Practice Guidelines On The Management Of Pain In Older People – A Summary Report, Patricia Schofield, Margaret Dunham, Denis Martin, Gary Bellamy, Sally Anne Francis, Dave Sookhoo, Antonio Bonacaro, Eshtar Hamid, Rebecca Chandler, Aza Abdulla, Mike Cumberbatch, Roger Knaggs

School of Nursing and Midwifery

Objective: The objective of this study is to develop an update of the evidence-based guidelines for the management of pain in older people. Design: Review of evidence since 2010 using a systematic and consensus approach is performed. Results: Recognition of the type of pain and routine assessment of pain should inform the use of specific environmental, behavioural and pharmacological interventions. Individualised care plans and analgesic protocols for specific clinical situations, patients and health care settings can be developed from these guidelines. Conclusion: Management of pain must be considered as an important component of the health care provided to all people, …

Mothers’ Understanding Of Brain Development In Early Childhood: A Qualitative Study In Brazil, Marina Sayuri Yakuwa, Letícia Pancieri, Sarah Neill, Mello Df De

School of Nursing and Midwifery

To analyze mothers’ understanding of child brain development and their stimulus practices with children in the first months of life. Qualitative research, with 18 Brazilian mothers, over 18 years of age, used semi-structured interviews to identify their perspectives on important healthcare outcomes, based on reflexive thematic analysis. Mother’s accounts displayed little understanding of child brain development, focusing on the development of neuropsychomotor skills. There was relative uncertainty about the daily care practices that would provide appropriate child stimuli, through which to provide promotion and protection of child development. Maternal knowledge about child brain development indicates a need to strengthen parenting …

Experiences With Addiction Transfer Among Weight Loss Surgery Recipients, Latoya Smalls

Walden Dissertations and Doctoral Studies

Obesity remains a significant problem linked to psychological, behavioral, metabolic, and environmental factors. Some individuals who struggle with obesity turn to weight loss surgery. Studies exploring the long-term effects of weight loss surgery and its connection with transfer addiction have reached conflicting findings. This phenomenological study was conducted according to procedures developed by Husserl and Giorgi. Data were collected for this qualitative study through semistructured interviews with 10 bariatric weight loss surgery recipients. Data were analyzed using the five stages of Giorgi’s descriptive phenomenological method process of data analysis. Analysis of the data led to five themes and eight subthemes. …

Juvenile Recidivism Risk Factors From The Juvenile Justice Professional Perspective, Fotini Stamidis

Walden Dissertations and Doctoral Studies

Juvenile crime and recidivism have devastated Baltimore City, Maryland, especially in the quality of life and social bond, producing fear in the city’s communities. The current situation is increasing the need to promote a better understanding of juvenile recidivism and delinquency of the risk factors causing juveniles to re-offend. The purpose of this qualitative case study was to add to the knowledge base on juvenile recidivism risk factors from the perspectives of juvenile justice professionals. Hirschi’s social bond theory was used to explore juvenile justice professionals’ experiences and perspectives on recidivism risk factors. Research questions focused on the perceptions of …

Kindergarten Teachers' Perspectives On School Readiness In Children Who Attended Military Installation Childcare Centers, Juliana Wilson

Walden Dissertations and Doctoral Studies

Limited literature exists on the effectiveness of prekindergarten programs located on military installations in the United States. The children who attend these programs may not receive school readiness preparation equivalent to that received by their peers who attend community-based prekindergarten programs, which follow different guidelines. The purpose of this study was to gain insight into the kindergarten readiness of children who attended preschool on military installations as described by teachers in community-based kindergarten classrooms. Pianta's work on school readiness formed the conceptual framework of this basic qualitative study. The research question addressed how kindergarten teachers describe school readiness in children …

Life Experiences Of Head Start Teachers In A Midwestern Region Pursuing Higher Education, Jeanette O. Keyes

Walden Dissertations and Doctoral Studies

AbstractThe 2007 Head Start Reauthorization Act mandated that all Head Start teachers have at least an associate degree and 50% of teachers within each Head Start program should have a baccalaureate degree in early childhood education. The problem addressed in this study was that Head Start teachers from a Midwestern region encountered barriers as they pursued higher education to meet mandated requirements to continue employment. The purpose of this study was to explore the life experiences, barriers, coping strategies and views of support needed by Head Start teachers who were completing their degrees. Tinto’s academic and social integration model and …

First Responders’ Assumptions: An Exploration Of Emergency Medical Technicians’ Secondary Traumatic Stress And Perceptions Of Substance Users, Glenn Noble

Graduate Theses, Dissertations, and Problem Reports (ETD)

Emergency medical technicians (EMT) and firefighters respond to critical incidents and provide emergent care. As the opioid crisis continues and drug overdose rates increase, first responders administer first aid to substance users, including Naloxone, more frequently. This study examined the influence of repeated exposure to drug-related critical incidents and provision of care to substance users on EMTs' and firefighters' secondary traumatic stress (STS) level, world assumptions, and substance use stigma. First responders' world assumptions, STS, burnout, and exposure to drug-related overdoses were analyzed for their power in predicting substance use stigma. Results suggest that occupational burnout, rather than STS, is …

The Business Of Behavior: Appalachian Teachers’ Experiences In Using Positive Behavior Interventions And Support, Erin Michele Coffield

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores the lived experiences of Appalachian elementary and middle school teachers who have been identified as working in Positive Behavior Intervention and Support (PBIS) schools. This study used Lifeworld Theory to engage in discussion about the teachers’ individual experiences in using PBIS in their classrooms in relation to resilience frameworks and childhood trauma. The teachers’ individual experiences were analyzed using a Whole-Part-Whole analysis to bring the individual stories together to better understand how PBIS and childhood trauma are experienced in a specific Appalachian school. Discussion opens up through the participants' experiences about grit models in school, trauma their …

Assessment Of Electronic Cigarette User Terminology And Knowledge Using Mixed Methods, Margaret G. Childers-Kakos

Graduate Theses, Dissertations, and Problem Reports (ETD)

Electronic cigarettes (ECIGs) have evolved rapidly over the past several years, and it is unclear if terminology used when assessing ECIG knowledge and use behavior has objective and well-understood definitions between consumers, as well as between consumers and the research community. The purpose of this study was to use semi-structured interviews to obtain a better understanding of ECIGs from the perspective of regular ECIG users. One-hour interviews consisted of both open- and closed-ended questions. Questions probed the terminology used by participants to describe both individual and combination device features, as well as ECIG use behaviors. Qualitative data was used to …

Covid-19: Examining Adherence Through The Health Belief Model, Leah Ashton Brown

Graduate Theses, Dissertations, and Problem Reports (ETD)

Over 6.4 million individuals have died due to COVID-19. Although the vaccine has been distributed and made more accessible, it is important for individuals to continue adhering to guidelines that prevent the spread of this deadly virus. The current study explored adherence to COVID-19-related health behaviors (wearing a mask, social distancing, properly washing hands, and receiving the COVID-19 vaccine) in a U.S. sample (recruited through Amazon MTurk) and examined the role of interactions among various identities. The study was informed by the Health Belief Model (HBM) and participants completed questionnaires that assessed COVID-19 health behaviors, constructs comprising the HBM (perceived …

Seeing Our Voices: Using Photovoice With Trauma-Affected Black Women College Students Within A Pwi To Explore Success And Persistence, Dariane B. Drake

Graduate Theses, Dissertations, and Problem Reports (ETD)

The number of students reporting or seeking assistance for trauma has steadily risen over time. Research suggests that between 67% and 84% of students in college will experience a potentially traumatic event (PTE) in their lifetime. This percentage increases for women and for Black students. As the number of PTE exposure rises so too does the need to understand how trauma impacts education, learning, and personal development. Researchers have expressed a growing concern over the needs of trauma-affected students in recent decades. There is a dearth of research on the experiences of trauma-affected students and their overall inability to persist …

A Narrative Inquiry Into The Influence Of School Shooting Survival On College Transition And Experience, Jayne M. Piskorik

Graduate Theses, Dissertations, and Problem Reports (ETD)

There is an extensive body of school-related shooting research exploring causes, how to recognize a threat, and what preparedness measures are effective (Lee et al., 2020; Muchert, 2007). However, there is insufficient research on how the broader context of school-related shootings in American society has influenced college-aged students. The purpose of this study was to tell the story of how students have been influenced by their experience surviving the 2018 Marjory Stoneman Douglas High School shooting during their transition to and performance in higher education. Narrative inquiry provided a deeper understanding through narrative retelling of the perceptions, decisions, and experiences …

Validity Evidence For The Male Depression Risk Scale-22 (Mdrs-22) In Younger And Older Adult Males, Montgomery T. Owsiany

Graduate Theses, Dissertations, and Problem Reports (ETD)

Men are two times less likely to be diagnosed with major depressive disorder than women. However, suicide rates are nearly four times higher in men than women, increasing to six times when comparing older men to older women. Given that affective disorders are present in most individuals who die by suicide, investigators have begun researching the possibility that depression presents differently in individuals who adhere to traditional masculine norms, leading to the conceptualization of masculine depression. Presently, one assessment for masculine depression shows strong reliability and validity evidence: the Male Depression Risk Scale-22 (MDRS-22). Despite burgeoning validity evidence for the …

A Multi-Method Examination Of The Effects Of Students’ Unconscious Biases On Student Evaluations Of Instructors, Brittany M. Kowalski

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this dissertation, I complete three studies to evaluate potential reactions to target role congruity, especially gender role congruity, through an examination of Student Evaluations of Instructors (SEIs). Target role congruity refers to assessments an observer makes of whether or not the various roles a target person fills “fit” with one another. For example, a woman surgeon may be perceived as being in an incongruent role due to the masculine characteristics associated with the occupation and the continued dominance of men in the field. Researchers utilizing congruity theories has shown that both women and men in roles that are incongruent …

Leadership Strategies For Improving Employee Engagement, Stacy Wright

Walden Dissertations and Doctoral Studies

Small business leaders who lack effective strategies to improve employee engagement may be unable to retain employees, keep employees motivated, or improve employee performance, adversely affecting company productivity and profitability. Grounded in the transformational leadership theory, the purpose of this qualitative multiple case study was to explore strategies small business leaders use to improve employee engagement. Data were collected from three small business leaders in North Texas with 5 years of leadership experience who have successfully created and implemented employee engagement strategies. Data collection included semistructured interviews and publicly available organizational documents. Three key themes emerged from Yin’s five-step data …