Digital Commons Network^™

Qualified Immunity And Unqualified Assumptions, Teressa Ravenell, Riley H. Ross Iii

Faculty Publications

No abstract provided.

Why Insurance Needs A Restatement: The Case Of Settlement Decision Law, Chaim Saiman

Faculty Publications

Even before its publication, the Restatement of the Law, Liability Insurance had been subjected to withering wholesale criticism that it creates aspirational and pro-policyholder insurance law. This view continues to be forcefully promoted by insurers and their advocates in the legal literature and by governors and state legislatures in the political areas.

This Article finds these wholesale criticisms unwarranted. Liability insurance law is not a field where law is simply found and restated. In fact, settlement law offers the most vivid examples of why the Restatement of the Law, Liability Insurance is possible, useful, and justified. It is possible because …

Promoting Vaccine Innovation, Mirit Eyal-Cohen, Ana Santos Rutschman

Faculty Publications

As society grows to understand the need to promote innovation, policymakers try to employ an arsenal of policy tools, from traditional intellectual property (“IP”) to newer tools such as grants, regulatory vouchers, and prizes. This Article argues that these frameworks crowd out certain types of investments in innovation projects that have a high social value. Vaccine innovation is a case in point. Despite the immense socioeconomic benefit of vaccines, existing policies have been limited in fostering investments in this space. This is because they fail to directly address the relevant bottleneck issues distinct to vaccine development.

This Article offers a …

Viral Sovereignty,Vaccine Diplomacy,And Vaccine Nationalism: The Institutions Of Global Vaccine Access, Sam F. Halabi, Ana Santos Rutschman

Faculty Publications

The COVID-19 pandemic has triggered a global vaccine race. Distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. This Article is the first to describe the phenomena that have driven the development of international vaccine-sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

This Article explores the longstanding dissociation between global public health imperatives and nationalist responses to pandemics within the frameworks of “vaccine nationalism,” “viral sovereignty,” and “vaccine diplomacy.” The Article then considers …

Foreword: Probing The Intersection Of Climate Change And Public Health, Ana Santos Rutschman

Faculty Publications

No abstract provided.

Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill

Faculty Publications

Within the so-called "culture wars" dividing our nation politically, there is a law-related division over the trustworthiness of consensus science-the so-called "crisis of expertise." When the science concerning climate change, mask-wearing, or vaccinations becomes politicized, it loses its mooring in scientific evidence and impacts the effectiveness of regulatory law. Perhaps counter-intuitively, however, the solution is likely not to wear "Because Science" t-shirts while insisting on "cold, hard facts" and diagnosing as stupid those who believe the scientific theories of marginalized, minority-view scientists. Indeed, a certain level of modesty-regarding the uncertainties and tentativeness of even the best science-is necessary for the …

Aceptación Del Docente Sobre El Uso Del Aprendizaje Móvil En Una Escuela Del Área Sur De Puerto Rico, Luis Adán Berríos Rivera

Theses and Dissertations

En Puerto Rico existe una implementación limitada del aprendizaje móvil como estrategia en las escuelas públicas. Existen factores que pueden afectar esta implementación como la utilidad percibida, la capacidad de auto prepararse, la intención de uso, la facilidad de uso, las actitudes del maestro, sus creencias constructivistas, las barreras tecnológicas y el apoyo de la institución. Estos criterios pueden establecer el nivel de aceptación por parte de los maestros y por qué la implementación del aprendizaje móvil como estrategia pedagógica es limitada en dichas escuelas. El propósito de este estudio consiste en determinar el nivel de aceptación del aprendizaje móvil …

A Qualitative Case Study Of Principal Supervisors’ Perceptions Of Equity-Based Instructional Leadership, Dontae Wilson

Theses and Dissertations

Principal supervisors play a critical role in supporting school principals. However, historically, principal supervisors were ill prepared to address these challenges at either the district or school level. Since 2011, the role of the principal supervisors has been reexamined to provide better outcomes for students and increased support for principals. The development of equity-based instructional leadership practices was identified and therefore added to the tools focused on developing transformative, race-conscious, and culturally responsive educational leadership. The problem explored in this qualitative study is that little research has focused on the perceptions of principal supervisors to improve equitable practices in schools …

The Risk Protection Order: Protection From Mass Homicide?, Brooke Elvington

Theses and Dissertations

Gun control measures, referred to as “risk protection orders” or “Red Flag” laws, are expanding with widespread public support. Currently, 19 states have similar legislation, varying in procedural approaches and enforcement to reduce firearm-related homicide, emphasizing mass homicide. However, little is known about whether the legislation is effective. The following questions are presented: (1) Is there a difference between rates of firearm related homicide incidences prior to and after the creation of Florida’s “Red Flag” law? (2) Do risk protection orders target individuals demonstrating known mass homicide offender typology characteristics? The study used data derived from open-source resources. An interrupted …

Understanding Hispanic Parent Experiences Of Participation In Children’S Special Education Programming, Ana Katrina Ramirez

Theses and Dissertations

The problem of the applied dissertation was parents who have children with disabilities at the target middle school are not fully involved in their child’s IEP educational planning. The purpose of the qualitative study was to understand Hispanic parents’ experiences with participating and contributing to the education of their children who are in the special education program. The study explored parent involvement in the process of their children’s Individualized Education Plan. It explored the issues Hispanic parents face when becoming involved with their child’s education and working with the school.

Parent participation in Individualized Education Plan (IEP) meetings with schools …

Middle School Literacy Educators' Views About Student Texting And Its Impact On Student Writing, Rehana Lynda Mohamed Hussain

Theses and Dissertations

This applied dissertation investigated middle school literacy educators’ views about the impact of text messaging on students’ spelling and writing abilities. Specifically, the researcher determined educators’ views about the impact of text messages from Computer-Mediated Communication (CMC) and Short Message Service (SMS) on middle school student writing and spelling. The researcher interviewed middle school teachers about their experiences with student writing and whether text speak is present in students’ writing and spelling.

Four research questions are posed: (a) To what extent do middle school teachers notice textspeak within student writing? (b) What do middle school literacy teachers report as the …

An Analysis Of Florida Educators' Perceptions Of The School Superintendency, Qualifications, Leadership Skills, Longevity, And Student Achievement: A Quantitative Study, Natalie Whitco

Theses and Dissertations

High turnover in the role of school superintendent signaled functional disruption, decreased morale and impaired student achievement. The principal researcher sought to explain perceptions among professional Florida K-12 public school educators about key factors related to the role of school superintendent, necessary qualifications, important leadership skills, longevity and its impact on student achievement.

The principal researcher disseminated a 10-question online self-administered survey she developed for the study to a sample of 199 professional Florida K-12 public school educators. Independent demographic variables among sample participants included: gender, current job, highest level of completed education and years of experience as an educator. …

Research And Graduate Studies Annual Report, 2022, Office Of Research And Graduate Studies, Illinois State University

Research and Graduate Studies Annual Report

No abstract provided.

Wcbu Annual Report, 2022, Wcbu, Bradley University

WCBU Annual Report

Annual report for WCBU, an NPR Network radio station licensed to Bradley University and operated by Illinois State University via WGLT

Wglt Annual Report, 2022, Wglt, Illinois State University

WGLT Annual Reports

Annual report for WGLT, an NPR Network radio station licensed to and operating from Illinois State University.

The Insular Cases Run Amok: Against Constitutional Exceptionalism In The Territories, Christina D. Ponsa-Kraus

Faculty Scholarship

The Insular Cases have been enjoying an improbable — and unfortunate — renaissance. Decided at the height of what has been called the “imperialist” period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898 — Puerto Rico, the Philippines, and Guam — “belong[ed] to, but [were] not a part of, the United States.” What exactly this meant has been the subject of considerable debate even as those decisions have received unanimous condemnation. According to the standard account, the …

The Institutional Mismatch Of State Civil Courts, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter

Faculty Scholarship

State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …

The Institutionalist Turn In Copyright, Shyamkrishna Balganesh

Faculty Scholarship

The institutionalist turn refers to the reality that over the last decade and a half, the Court’s copyright jurisprudence has come to focus less and less on directly resolving substantive issues within the landscape of copyright doctrine. It has instead become a principal site of debate and disagreement over issues that have a direct bearing on the role, competence, and legitimacy of the Court within the copyright system. The institutionalist turn does not imply that the Court’s decisions have altogether avoided engaging substantive copyright issues; merely that its engagement of copyright doctrine has come to be intertwined with — and …

Intragovernmental Speech And Sanction, Katherine A. Shaw

Articles

This Essay, prepared as part of a symposium on Professor Helen Norton’s The Government’s Speech and the Constitution, asks what role, if any, we should understand the Constitution to play in mediating disputes over speech between and among government entities. Focusing on the examples of impeachment and censure, the piece considers scenarios in which one arm of government takes action in response to the speech of another arm or entity of government, exploring what role the Constitution should play in shaping or constraining those responses.

Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder

Articles

In two recent cases, Kokesh v. SEC, and Liu v. SEC, the U.S. Supreme Court cut back substantially on one of the Securities and Exchange Commission’s most important enforcement powers. This is the ability to seek disgorgement from persons who violate the federal securities laws, depriving them of their ill-gotten gains.

Previously, the Supreme Court had developed a largely property-based theory of insider trading. Why is insider trading evil? Because material nonpublic information is property that the trader has fraudulently obtained and must not use for his own purposes

In this article I bring these thoughts together. I …

What War Did To The Academy, What The Academy Did To War: A 20-Year Retrospective On The Effects Of The Post-9/11 Wars, Deborah Pearlstein

Articles

The history of the legal academy’s impact on the way states fight wars is hardly one of unmixed glory. It was a law professor moonlighting for President Lincoln who authored “Instructions for the Government of Armies of the United States in the Field” during the Civil War, a code still recognized worldwide today for having laid critical groundwork for the modern law of war. It was likewise a law professor whose work came to serve as both theoretical and practical justification for the sweeping powers of the Nazi state. So it should perhaps be unsurprising that, two decades of engagement …

Pandemic Rules: Covid-19 And The Prison Litigation Reform Act’S Exhaustion Requirement, Betsy Ginsberg, Margo Schlanger

Articles

For over twenty-five years, the Prison Litigation Reform Act (PLRA) has undermined the constitutional rights of incarcerated people. For people behind bars and their allies, the PLRA makes civil rights cases harder to bring and harder to win—regardless of merit. We have seen the result in the wave of litigation relating to the COVID-19 pandemic. Beginning March 2020, incarcerated people facing a high risk of infection because of their incarceration, and a high risk of harm because of their medical status, began to bring lawsuits seeking changes to the policies and practices augmenting the danger to them. Time and again, …

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

Articles

In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.

Credit Scoring Duality, Pamela Foohey, Sara Sternberg Greene

Articles

Credit scoring is central to people’s financial growth and prosperity or financial decline and stagnation. People with a good credit score and accompanying credit report can buy opportunities to advance economically. The benefits they reap from their attractiveness to lenders and employers helps feed their future success. In contrast, people with a fair or poor credit score become stuck in cycle of high interest rates and costly loan terms, large required down payments, and denied applications for rentals, cell phone plans, and employment. Employers, service providers, lenders, and alternative financial service providers have begun to use alternative credit scoring models, …

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic—there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein

Articles

Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …

Tax Harmony: The Promise And Pitfalls Of The Global Minimum Tax, Reuven Avi-Yonah, Young Ran (Christine) Kim

Articles

The rise of globalization has become a double-edged sword for countries seeking to implement a beneficial tax policy. On one hand, there are increased opportunities for attracting foreign capital and the benefits that increased jobs and tax revenue brings to a society. However, there is also much more tax competition among countries to attract foreign capital and investment. As tax competition has grown, effective corporate tax rates have continued to be cut, creating a “race-to-the-bottom” issue.

In 2021, 137 countries forming the OECD/G20 Inclusive Framework on BEPS passed a major milestone in reforming international tax by successfully introducing the framework …

Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Articles

As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …

Economics Of Markets: Neoclassical Theory, Experiments, And Theory Of Classical Price Discovery, Sabiou M. Inoua, Vernon L. Smith

ESI Publications

This book establishes that neoclassical economics based on the marginal utility calculus failed to derive a theory of consumer market price discovery consistent with the experimental market evidence. Such markets involve inherently discrete final-demand items bought for consumption and not subject to resale. Classical economists following Adam Smith articulated a rich narrative of price discovery theory consistent with experimental evidence based on operational concepts of discrete demand values (maximum willingness-to-pay), and symmetrically, supply costs (minimum willingness-to-accept). We develop and extend a mathematical model of classical market price formation. Chapter 1 & 2 describes this theme and chapter 3 connects it …

Prácticas Efectivas De Liderazgo Transformacional En Los Profesionales De Trabajo Social, Alejandra Borges Alverio

Theses and Dissertations

Este estudio fue desarrollado con el objetivo de describir las prácticas de liderazgo transformacional que han empleado diversos profesionales del trabajo social para lidiar con los retos y las demandas del entorno cambiante de las organizaciones sociales. Se logro contar con la participación de 15 profesionales del trabajo social que ocupan posiciones de liderazgo en escenarios como agencias gubernamentales, instituciones educativas y organizaciones sin fines de lucro.

Se utilizó un diseño de investigación cualitativa descriptiva con un enfoque fenomenológico basado en una categorización de temas y subtemas mediante un protocolo de entrevista. Esta metodología permitió generar información individualizada sobre las …