Digital Commons Network^™

Policy And Poppycock In Proximate Cause Cases A/K/A Scope Of Liability And Starting To Make Sense, Thomas Galligan

FIU Law Review

Studying proximate cause is like trying to decode mumbo jumbo. Courts continue to use words like direct, remote, natural and probable, foreseeable, hindsight, and intervening and superseding causes, and they make them sound like tests. They make them sound like law. Furthermore, as one test is debunked and another appears, courts continue to apply the debunked tests. They just pile on a new one as well. Then, they calm themselves and say that proximate cause is all a matter of policy. After all, Leon Green said that; William Prosser said that. It must be true. But courts fail to ever …

Dispute System Counter-Design, Andrew B. Mamo

FIU Law Review

This article introduces the concept of “counter-design” as a practice of challenging and reimagining dispute resolution systems from the ground up and from the inside out. Counter-design provides a critical response to traditional Dispute System Design (DSD) by positing that designs necessarily privilege certain perspectives and interests over others, even when designers follow best practices and ethical principles. Through practices of counter-design, individuals interact with dispute resolution systems, not merely to seek resolutions within the existing framework, but to actively challenge and reshape these systems from within. This concept underscores the dynamics of power, inclusion, and representation within DSD. Counter-design …

Never Again: Zionism And The Jewess, Rona Kaufman

FIU Law Review

The State of Israel was established, in part, to ensure that Jews would never again be killed with impunity. More specifically, the State of Israel was established to ensure that never again would Jewish women and girls be systematically raped, assaulted, violated, and mutilated in a pogrom-like attack against the Jewish people. It is well known that the sweep of history connects Jews with the land of Israel from ancient times to today and serves as an important foundation for political Zionism. Less understood is that the atrocities against Jewish women and girls, committed over thousands of years and across …

Cracking The Quotas: The 1948 New York Fair Educational Practices Act And The Jewish Quest For Color-Blindness, Miyuki Kita

FIU Law Review

This article explores how vigorously Jews pushed to enact the 1948 New York Fair Educational Practices Act to fight anti-Jewish quotas in higher education. The Act was the first state-level legislation to prohibit higher educational institutions from excluding, limiting or otherwise discriminating against persons seeking admission as students because of race, religion, creed, color, or national origin. Seeking a way to overcome discrimination in university admissions, Jews sought to combat it by promoting racially and religiously neutral admission procedures within the broad context of the expansion of opportunities in higher education after World War II instead of directly attacking antisemitism. …

Exploring The Intersectionality Of Antisemitism And The Law: A Case Study Of The Crown Heights Riots And Aftermath, Stephen Sussman, Carole Huberman

FIU Law Review

Antisemitism does not exist in isolation; it often intersects with other forms of discrimination and prejudice. Examining these intersections is crucial to understanding the broader dynamics of discrimination and developing effective strategies. Antisemitism and racism often intersect in complex ways. Historical examples include the portrayal of Jews as racially inferior or “other” during periods of heightened racial tension. This intersection has implications for policies related to hate crimes, racial profiling, and equal protection under the law. This research examines the complex interplay between antisemitism and the legal system, using the Crown Heights Riots of 1991 as a focal point. The …

Constitutionalizing Climate Rights, Mark Nevitt

FIU Law Review

No abstract provided.

2024 Report To The Editor In Chief Of The Fiu Law Review, Thomas E. Baker

FIU Law Review

No abstract provided.

Electing The Supreme Court, Dmitry Bam

FIU Law Review

There is a curious irony in how we select United States Supreme Court justices. According to basic constitutional theory, as well as the arguments made by many leading Framers at the time of the Founding, one of the Court’s primary roles is to serve as a check on the executive and legislative branches when they exceed the constitutional limits imposed by the American people. Yet, we ask those very branches to jointly select the justices responsible for enforcing these limits, leaving the American people with only an indirect (if any) role in the process. Not surprisingly, the justices nominated by …

The Role Of Complex Posttraumatic Stress Disorder In The Associations Between Minority Stressors And Self-Reported Suicide Likelihood In Lgbtq+ Adults., Ines Cano-Gonzalez, Ruby Charak, Roman Ronzon-Tirado, Jorge I. Cantu

Psychological Science Faculty Publications

Lesbian, gay, bisexual, trans, and queer individuals (LGBTQ+) report higher rates of suicide-related behaviors when compared to heterosexual cisgender individuals. The minority stress theory proposes that the suicide risk disparities among LGBTQ+ individuals may be explained by the additional exposure to stressors unique to their minority sexual orientation and gender identity. However, less is known about the mechanism of minority stressors and suicide risk among trauma-exposed LGBTQ+ individuals. The present study aimed to explore the role of the International Classification of Diseases, version-11 posttraumatic stress disorder (PTSD) and complex PTSD (disturbances in self-organization [DSO] + PTSD) in the associations between …

Educational Games And Academic Self-Concept In Hard-Of-Hearing Female Secondary Students, Nourah I. Albash, Ruqayyah H. Alessa, Zahra S. Alkhulaif, Hissa M. Aljeri

Journal of Educational and Psychological Studies

The current study aimed to identify the effectiveness of a training program based on educational games in developing the academic self-concept of hearing-impaired female students in secondary school. The sample consisted of six students who were intentionally selected. The study used the quasi-experimental approach. The tools included the standardized academic self-concept scale for the Arab environment, and the training program based on educational games - prepared by the researchers. The results showed statistically significant differences between the ranks of the pre- and post-measurements in developing the academic self-concept of the study sample, indicating the effectiveness of the training program. The …

Developing Memory And Understanding Skills For Subject-Specific Knowledge Processing And To Face High-Stakes Exams: A Case Study, Jabbar Al Muzzamil Fareen

Journal of Educational and Psychological Studies

University students possess different levels of language and cognitive abilities in gaining their subject knowledge and face tremendous challenges to get through the exams in distinction. The present education system expects the students to possess excellent subject knowledge and outstanding results in their exams. In light of this context, this paper attempts to address how students are engrossed in learning difficulties while subject knowledge processing and facing their examinations. Qualitative case study approach has been undertaken to analyze the language and cognitive skills of the students in memory processing of their subject knowledge to face the exams. Their language learning …

Discriminatory Censorship Laws, Jonathan Feingold, Joshua Weishart

Faculty Scholarship

The summer of 2020 ignited global protests for racial justice. Across the United States, millions marched with a modest plea: that America reckon with its racism. For K-12 schools, this moment pushed local communities and district leaders to create more inclusive classrooms and curricula. Yet before the summer had ended, America's antiracist turn provoked a backlash campaign that has proven far more impactful and enduring.

This campaign has featured the rise and spread of "discriminatory censorship laws"-a term we apply to government action designed to demean inclusionary values and to deny students access to critical knowledge, inquiry, and thinking. As …

How Theories Of Art Can Inform Debates About Ai, Jessica Silbey

Faculty Scholarship

Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform art and science, the way the internet transformed global communication. Either way, these debates about …

Foundations For Platform Liability, Kathryn E. Spier, Rory Van Loo

Faculty Scholarship

From spreading misinformation to selling deadly products, bad actors use technology platforms to their advantage while causing devastating harms to privacy, health, and even democracy. Despite their central role in enabling these bad actors, the platforms almost entirely escape liability. This legal immunity is purportedly grounded in economics. From the beginning, courts and legislatures feared that liability would chill innovation, growth, and user access. They also speculated that platforms have sufficient market incentives to voluntarily police bad actors, making liability unnecessary.

Whereas many scholars have argued that platform immunity is blind to justice, this Article shows that it is also …

Normalizing Facial Recognition Technology And The End Of Obscurity, Woodrow Hartzog, Evan Selinger, Judy Hyojoo Rhee

Faculty Scholarship

This article argues that facial recognition technology is the most dangerous surveillance tool ever invented. Given the unique threats this morally suspect tool poses to privacy, civil liberties, human flourishing, and democracy, the only appropriate response is a ban. To justify our position, we explain why facial recognition is distinctive among biometrics, clarify how even seemingly benign and positive uses of the technology can trigger dangerous normalization dynamics, and pinpoint why current United States laws (with reverberations in the EU’s AI Act) are designed to accelerate a slippery slope that makes mass surveillance nearly inevitable. Our most fundamental contribution lies …

Why Did Prosecution Strengthen President Trump In The 2024 Election?, Steven Arrigg Koh

Faculty Scholarship

Why did criminal prosecution strengthen President Donald Trump's electoral prospects in the 2024 federal election? It was not supposed to be this way: after President Trump's 2024 New York state conviction, many speculated that President Trump's "felon" status would imperil his political career. In fact, the opposite occurred: federal and state criminal prosecutions reenergized President Trump's 2024 presidential candidacy. Contemporary criminal law theories-traditional individualist, expressivist, and critical-struggle to explain why. 

This Article advances a theory of criminal coalescence to explain why the Trump prosecutions led the former President to political victory. Criminal coalescence is the intensification of mass support for …

Panel Discussion: Mindfulness In The Law School Environment, Erika George, Nicky Boothe, Kellyn O. Mcgee

Faculty Scholarship

A 2016 study of 13,000 lawyers conducted by American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation found that approximately 28 percent struggle with depression, 19 percent anxiety and 23 percent stress.¹² The study found “younger lawyers in the first ten years of practice and those working in private firms experience the highest rates of problem drinking and depression.”¹³ At least one study suggests that 40-70 percent of disciplinary proceedings and malpractice claims against lawyers involve substance abuse or depression.

According to a 2016 Survey of Law Student Well-Being including over 3,300 law …

Challenging The Law, Steven Arrigg Koh

Faculty Scholarship

Frédéric Mégret’s engaging contribution, A Look Back at The Women’s Hague Peace Conference: What Contribution To International Law Today?, exposes a legal duality. On one hand, the legalist perspective: law is a closed system. From this perspective, law is objective, hard, universal, and bounded. On the other hand, the sociocultural perspective: law is a human practice. From this perspective, law is subjective, organic, particular, and porous. This Essay reads Mégret’s analysis of the 1915 International Congress of Women in The Hague as a “sociocultural challenge,” disrupting the legalist perspective on international law, war, and peace during World War I. …

What We Should Know About The Reliability Of Empirical Legal Studies, Kathryn Zeiler

Faculty Scholarship

The findings of replication studies conducted in the early 2010s led many to declare that science was in the midst of a “replication crisis.” Since then, a growing number of reforms have been proposed and tested. The field of empirical legal studies seems behind other fields such as psychology, economics, political science, medicine, biology, and others that have taken significant steps toward uncovering the general reliability of the field’s empirical work, investigating the causes of observed unreliability, and instituting and testing the effects of various reforms. The purpose of this Article is to summarize what we know about the reliability …

The Purpose And Value Of A Summer Camp For Visually Impaired Young People, Anthony J. Maher, Justin A. Haegele, David Swanston

Human Movement Studies & Special Education Faculty Publications

Empirical research documents the benefits of summer camps for young people, including disability-specific or medical-speciality residential camps. Using an ethnographic approach which utilized observation and individual and group discussions with the visually impaired young people who attended a summer camp, their parents, and school teachers who staffed the summer camp, we build on the extant research here by exploring, for the first time, the purpose and value of a summer camp for visually impaired young people. The qualitative data generated from our research were subjected to thematic analysis. We discuss the summer camp in relation to the following themes: (1) …

Differences In Prescription Drug Misuse Among U.S. Adults With And Without Disabilities, Jeanette M. Garcia, Samantha M. Ross-Cypcar, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

Introduction

Increasing evidence suggests that adults with disabilities have higher rates of drug misuse compared to adults without disabilities, however; there is limited information on rates of commonly misused prescription drugs (e.g., stimulants, opioids, tranquilizers) to quantify the magnitude of this disparity. Thus, the purpose of this cross-sectional study is to examine and compare prevalence rates of prescription drug misuse by disability status and age group in a national sample of U.S. adults.

Methods

Data (n=47,100 adults) from the 2021 National Survey on Drug Use and Health was stratified by age group: 1) 18-29 years; 2) 30-49 years; 3) 50 …

The Complex And Marginalized Experiences Of Bipoc Trafficked Women: An Examination Of Disabilities, Aces, Discrimination, And Racism, Jacquelyn C. A. Meshelemiah, Fabian Arroyo Rojas, Hannah Ruth Steinke, Marlene Carson, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

The purpose of this study was to examine the lived experiences and multiple identities of disabled BIPOC trafficked women. The findings from this study help to identify a carousel of victimization experienced by disabled BIPOC trafficked women, starting with adverse childhood experiences, onto trafficking victimization that differed between Black and White women, and later while seeking services. These findings highlight the need for providers and researchers to think beyond monolithic identities and consider the intersecting ways in which various forms of oppression (ableism and racism) influence the experiences of disabled trafficked BIPOC women.

Associations Of Different Types Of Physical Activity And Sedentary Behavior With Self-Rated Health In Children And Adolescents: A Systematic Review Of Research From 2010 To 2024, Yahan Liang, Xihe Zhu, Ji-Hye Yang, Fei Wang, Danqing Zhang, Xingyi Yang, Sitong Chen, Yang Liu

Human Movement Studies & Special Education Faculty Publications

Self-rated health (SRH) is one of the common measures to evaluate individuals’ overall health. Many studies have explored the associations between different types of physical activity (PA), sedentary behavior (SB), and SRH in children and adolescents. These studies report inconsistent findings and sometimes highlight gender differences. This systematic review aims to synthesize findings to provide a comprehensive evaluation of these associations.

Our Reflections And Concluding Thoughts, Justin A. Haegele, Wesley J. Wilson

Human Movement Studies & Special Education Faculty Publications

In this chapter, the editors provide concluding thoughts and reflections about the process of constructing this case-based learning book, and encouragement for readers to further consider ways to reflect about the stories of the authors. We reiterate the five broad reflective prompts from Chapter 2 to guide this reflection. We also share concepts related to ableism, and examples of how ableism may look and how it may inform practice. We conclude with, again, encouraging authors to think about and reflect on the stories included throughout the book, and to be mindful of ways ableism may (or may not) influence this …

Development Of A Personalized Conversational Health Agent To Enhance Physical Activity For Blind And Low-Vision Individuals, Soyoung Choi, Jooyoung Seo, Ashwath Krishnan, Sanchita Kamath, Justin Haegele

Human Movement Studies & Special Education Faculty Publications

Background: With the advancements in mobile health (mHealth) technologies, sighted individuals can benefit from mobile apps and wearable devices to more easily manage their physical activity (PA) and wellness data through intuitive touch gestures and effective data visualizations. However, for blind and low-vision (BLV) individuals, these conventional interaction methods are often challenging, not only limiting their ability to use these technologies but also potentially diminishing their motivation to adopt them to support health-promoting behaviors. We aimed to develop a health monitoring application called Personalized and Conversational Health Agent (PCHA) that supports BLV individuals with self-monitoring and management of their PA …

The Ethics Of Patient And Public Involvement Across The Research Process: Towards Partnership With People With Aphasia, Deborah Hersh, Mark Israel, Ciara Shiggins

Research outputs 2014 to 2021

Background: Conducting Patient and Public Involvement (PPI) in health research is a way of building knowledge that incorporates the experience of service users, adds research impact, and helps avoid wasting resources on findings that have little relevance to people or cannot be implemented. We argue that there is a need to extend ethical considerations currently focused on research participants with aphasia to encompass and guide expectations of involvement in partnerships with people with aphasia across the research lifecycle.

Method: We use the 2018 revision of the Australian National Statement on Ethical Conduct in Human Research as the framework for this …

Green Regionalism In World Trade Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Multifaceted geopolitical conflicts have led to disruptions in the trade regime and multilateral negotiations. As a paradigm shift, green regionalism has emerged as a new normative process for regional economic frameworks to integrate and operationalize environmental sustainability. The article offers the first interdisciplinary analysis of green regionalism in world trade law. It argues that green regionalism, which has evolved amid various waves of global regionalism, constructs the normative foundation for 'Trade and Sustainability 2.0'. The article employs the concept of recognition in international relations to unveil the motivations and actions of major states in catalyzing green regionalism. Legal and political …

The Rise Of Women In Mining - How To Improve Inclusion And Diversity Through Organisational Programs, Ashley Mcgrath

Theses: Doctorates and Masters

The inclusion and diversity (I&D) of women has become a priority for organisations due to the positive association with business performance and rising expectations of employees and shareholders for fair outcomes for all genders. Improving the I&D of women is also being driven by the evolving Australian legal framework which has heightened the responsibility of organisations regarding psychological safety and the prevention of sexual harassment and sex-based discrimination. Companies operating in male dominated industries in Western Australia (WA) are under particular pressure due to lagging performance in addressing equity issues at a state level. Existing research correlates the I&D of …

Modified Constraint-Induced Movement Therapy After Stroke: A Process Evaluation Of Implementation In An Early-Supported Discharge Rehabilitation Service, Ashan Bimalka Weerakkody

Theses: Doctorates and Masters

Background

Modified constraint-induced movement therapy (mCIMT) improves upper limb (UL) function after stroke, but its routine delivery in rehabilitation settings remains limited.

Aims

The objectives were to determine the feasibility, acceptability, and sustainability of implementing mCIMT within an early-supported discharge (ESD) rehabilitation service, using existing resources and staffing.

Aims were to:

• Develop and deliver a multi-modal behaviour change intervention to clinicians to increase mCIMT delivery.
• Explore the acceptability of mCIMT among stroke survivors, carers, therapists, and allied health managers.
• Identify program adaptations to better suit stakeholder needs.
• Evaluate the process of implementing mCIMT in the ESD service.

Methods

This thesis …

Correlate Of Savings Attitude And Generational Poverty As Mediated By Financial Literacy: Evidence From Ghana, Adu Bismark Owusu-Sekyere, Williams Kwasi Peprah [email protected]

Faculty Publications

This study examines the mediating role of financial literacy between savings attitudes and generational poverty in Ghana. Generational poverty is a significant issue in Ghana, with a multidimensional poverty rate of 45.6% and a consumer expenditure poverty rate of 23.4%. The problem persists due to low financial literacy and poor savings attitudes, which hinder economic growth and development. The research employed a quantitative methodology, utilizing a series of regression analyses to test the mediation effects of financial literacy. A correlational design was adopted to assess the relationships between the variables. The study’s population included 400 individuals from the five regions …