Digital Commons Network^™

Collective Cognitive Capital, Emily R. Murphy

Faculty Scholarship

This Article calls for a new project for law and neuroscience. It outlines a structural, not individual, application of brain and behavioral science that is aligned with the general goal of basic science research: improving the lives of citizens with a better un- derstanding of the human experience. It asks brain and behavioral science to move explicitly into public policy territory, and specifically onto ground more traditionally occupied by economists—but in ways the project of “behavioral economics” has not yet ventured. Put sim- ply, policy analysts should focus on brains—“collective cognitive capital”—with the same intensity with which they focus on …

Real Talk: A Realist Dialogic Approach In A Realist Evaluation, Emilie Francis-Auton, Mitchell N. Sarkies, Chiara Pomare, Janet C. Long, Rebecca Hardwick, Hoa Mi Nguyen, Jeffrey Braithwaite

Peninsula Medical School

Realist evaluation is a method increasingly adopted to provide an understanding of how and why a program works, for whom, and under what circumstances. Initial program theories (IPT) are the crucial starting point of any realist evaluation, however descriptions about how they are developed in practice remain under-reported in the published literature. This article argues for the value of genuine research-group conversations using David Bohm’s concept of dialogue in realist research. We label it the realist dialogic approach. We draw out the relational qualities as well as the contextual circumstances of dialogue through our development of IPT and interview guides …

Miscarriage Of Justice: Early Pregnancy Loss And The Limits Of U.S. Employment Law, Laura T. Kessler

Utah Law Faculty Scholarship

This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is an incredibly common experience. Of confirmed pregnancies, about fifteen percent will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet this experience slips through the cracks of every major federal employment law in the United States.

The Pregnancy Discrimination Act of 1978, for example, defines sex discrimination to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Family and Medical Leave Act of 1993 requires covered employers to provide employees with …

Voting Technology, Democracy, And Propaganda: Ontological Considerations For The 2020 Presidential Election, Erik Gustafson

Communication

The 2020 United States Presidential election was considered one of the most tumultuous political contests in the 21st century. During an international pandemic, travel restrictions and social distancing requirements created uncertainty about whether to vote in person or via absentee-mail-in ballot. The present study sought to investigate how voters experience different technologies in the 2020 United States Presidential election. Selected concepts in media ecology supplemented Fox and Alldred’s (2013) framework for new materialist inquiry to explore the technical material characteristics of voting technology and the discursive elements of voter fraud propaganda. By tracing the history of voting technologies and voter …

Gendered Self-Views Across 62 Countries: A Test Of Competing Models, Natasza Kosakowska-Berezecka, Jennifer K. Bosson, Pawel Jurek, Eric Mankowski, Multiple Additional Authors

Psychology Faculty Publications and Presentations

Social role theory posits that binary gender gaps in agency and communion should be larger in less egalitarian countries, reflecting these countries’ more pronounced sex-based power divisions. Conversely, evolutionary and self-construal theorists suggest that gender gaps in agency and communion should be larger in more egalitarian countries, reflecting the greater autonomy support and flexible self-construction processes present in these countries. Using data from 62 countries (N = 28,640), we examine binary gender gaps in agentic and communal self-views as a function of country-level objective gender equality (the Global Gender Gap Index) and subjective distributions of social power (the Power …

How Do Digital Lives Affect Resident Mental Health In The Digital Era? Empirical Evidence Based On Chinese General Social Survey, Yan Chen, Mengyang Wei, Jaime Ortiz

Faculty, Staff and Students Publications

Having good mental health means we are better able to connect, function, cope and thrive. The widespread application of digital technology in daily life provides new ways and promising tools for residents to maintain their mental health. Given the importance of mental health for everyone, and the fact that mental health problems are prevalent worldwide, this study discusses how digital lives affects the mental health of residents. The results suggest that digital lives are significantly and positively associated with mental health. Mechanisms analysis identifies personal perceptions (self-rated physical exercise and subjective wellbeing) as the important paths for digital lives to …

Inclusion Of Children With Disabilities In Qualitative Health Research: A Scoping Review, Janet Njelesani, Vongai Mlambo, Tsedenia Denekew, Jean Hunleth

2020-Current year OA Pubs

BACKGROUND: Children with disabilities have the right to participate in health research so their priorities, needs, and experiences are included. Health research based primarily on adult report risks misrepresenting children with disabilities and their needs, and contributes to exclusion and a lack of diversity in the experiences being captured. Prioritizing the participation of children with disabilities enhances the relevance, meaningfulness, and impact of research.

METHODS: A scoping review was conducted to critically examine the participation of children with disabilities in qualitative health research. The electronic databases PubMed, PsychInfo, Embase, and Google Scholar were searched. Inclusion criteria included qualitative health studies …

Predicting At-Risk Opioid Use Three Months After Ed Visit For Trauma: Results From The Aurora Study, Brittany E. Punches, Stacey L. House, Et Al

2020-Current year OA Pubs

OBJECTIVE: Whether short-term, low-potency opioid prescriptions for acute pain lead to future at-risk opioid use remains controversial and inadequately characterized. Our objective was to measure the association between emergency department (ED) opioid analgesic exposure after a physical, trauma-related event and subsequent opioid use. We hypothesized ED opioid analgesic exposure is associated with subsequent at-risk opioid use.

METHODS: Participants were enrolled in AURORA, a prospective cohort study of adult patients in 29 U.S., urban EDs receiving care for a traumatic event. Exclusion criteria were hospital admission, persons reporting any non-medical opioid use (e.g., opioids without prescription or taking more than prescribed …

Racial/Ethnic Variations In Alcohol And Cigarette Use By Pregnancy Status Among 20- To 44-Year-Old Women, Nhanes 2001–2018, Jacqueline M Hirth, Catherine Valadez, Sandra Gonzalez, Alicia Kowalchuk, Judith A Gutierrez, Roger Zoorob

Faculty, Staff and Students Publications

OBJECTIVES: This study examines alcohol consumption and smoking behaviors by pregnancy status and race/ethnicity in order to inform improved interventions designed to assist women of all races to avoid alcohol and tobacco use during pregnancy for their health and to prevent potential fetal exposure.

METHODS: This retrospective secondary data analysis utilized nationally representative National Health and Nutrition Examination Survey data between 2001 and 2018. Smoking and alcohol use were evaluated by race/ethnicity and pregnancy risk. Sexual behavior, reproductive health, and prescription drug use determined pregnancy risk, categorized as low pregnancy risk, at risk of becoming pregnant, and pregnant. Binary and …

Disparities In Accessing Sexual And Reproductive Health Services And Rights Among Adolescents And Young People During Covid-19 Pandemic: Culture, Economic, And Gender Perspectives, Rogers N Ssebunya, Mafusi Boopa, Diane Nguyen, Lee Ligon

Faculty, Staff and Students Publications

PURPOSE OF REVIEW: As the world grapples with the health systems' challenges during the COVID-19 pandemic, addressing the needs of the already vulnerable adolescents and young people is vital. This narrative synthesis is aimed to highlight the current gender, cultural, and socioeconomic dynamics fueling inequalities to accessing sexual, reproductive health and rights (SRHR) services among adolescents and young people in low- and middle-income countries (LMIC).

RECENT FINDINGS: The COVID-19 pandemic has in most countries exacerbated already existing inequalities due to economic, gender, cultural, and legal aspects. Strategies implemented by most governments to mitigate the spread of the virus have also …

Widening Health Disparities: Increasing Cholangiocarcinoma Incidence In An Underserved Population, Disha Kumar, Varun Bansal, Syed A Raza, Aaron P Thrift, Hoda M Malaty, Robert J Sealock

Faculty, Staff and Students Publications

BACKGROUND AND AIMS: Cholangiocarcinoma is a relatively rare malignancy with high mortality. In the U.S., incidence rates of cholangiocarcinoma have increased, particularly affecting younger age groups and Hispanic and Asian individuals. We investigated the incidence of cholangiocarcinoma in a largely under-represented, minority population.

METHODS: We performed a retrospective cohort study from 2005 to 2017 among adults in a county-funded healthcare system in Harris County, Texas. Incidence rate ratios were computed to compare age-standardized rates using U.S. standard population between 2 time periods: 2005-2011 and 2012-2017.

RESULTS: We identified 139 cholangiocarcinoma cases (64% intrahepatic, 36% extrahepatic). The median age at diagnosis …

Older Adults And Suicide As Examined Through The Lens Of Joiner's Interpersonal Theory Of Suicide, Pamela Holmes

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Older adults face the highest rates of suicide of all age groups. The older adult population is not a homogenous group, and each age range—young old, middle old, and oldest old—has specific risk factors. Although Joiner’s interpersonal theory of suicide (IPTS) has been deemed valid among these age groups, it has not been specifically researched in older adults in each older age range. Due to lack of research and low reporting rates, not enough is known to develop specific detection and prevention measures targeting this population. This paper addresses the application of Joiner’s IPTS to both genders in each of …

Subjective Versus Objective Tests Of Dizziness And Vestibular Function In Epidemiologic Screening Research, Helen S Cohen, Haleh Sangi-Haghpeykar, Michael W Plankey

Faculty, Staff and Students Publications

BACKGROUND: Many epidemiologic studies of vestibular disorders are based on responses to questionnaires which have not been tested against objective tests of the vestibular system.

OBJECTIVE: The goal was to determine if the dizziness and balance questions used in the National Health Interview Survey (NHIS) are valid and predict performance on objective tests of the vestibular system (VNG).

METHODS: Data from 367 participants recruited from the community, aged 21.4 to 87.6 years, were collected in the Otolaryngology department at a tertiary care center. They were asked the eight NHIS questions twice, at least 30 minutes apart and were tested on …

Culture And Fair Use, Michael Goodyear

Articles & Chapters

The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating more inclusivity of different cultures in copyright: the approval of cultural adaptations under fair use.
Cultural adaptations—the transforming of preexisting works to reflect the cultural and social mores and norms of a different group—would appear on first glance to be prohibited as derivative works, which, under the Copyright …

Exploratory Analysis Of Mass Shooting Offenders In U.S. Journalism, Dominic Davis

Criminal Justice and Political Science

Mass shootings are commonplace in media. The media reports as to why the events happened, often within days or hours. These reasons attributed often lead to political debates on how to deter future mass casualty events. The portrayal by the media is important because their perceptions influence the perceptions of their audience. As of beginning this thesis, there is a lack of research utilizing qualitative analysis to analyze the offender reports using large datasets from the media. This thesis is an exploratory analysis and examines the number of times the offender's name is mentioned to determine whether there are sufficient …

Review Of Beethoven 1806 By Mark Ferraguto, Desmond Sheehan

The Beethoven Journal

No abstract provided.

General Practitioner Views On Addressing Weight Opportunistically In Primary Care: An Embedded Sequential Mixed-Methods Study, Maryam Kebbe, Susan A. Jebb, Rachna Begh, Anna Christian-Brown, Hannah Wheat, Amanda Farley, Amanda Lewis, Paul Aveyard

Peninsula Medical School

Objective: To assess GPs’ thoughts, feelings, and practices on providing opportunistic weight loss interventions before and after educational training and application in practice. Methods: In an embedded sequential mixed-methods design, 137 GPs delivered a 30-second brief opportunistic intervention to a mean of 14 patients with obesity. To assess GPs’ experiences and views on the intervention, all were invited to complete pre- and post-trial questionnaires and 18 were purposively interviewed. Data were transcribed verbatim and analysed using inductive framework analysis. Results: GPs’ attitudes (importance, feasibility, appropriateness, helpfulness, and effectiveness), capacities (comfort, confidence, and knowledge), perceived subjective norms (role expectations), willingness, and …

A Health Justice Response To School Discipline And Policing, Thalia Gonzalez, Alexis Etow, Cesar De La Vega

Faculty Scholarship

Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact of school discipline and policing is amplified, with disparities existing at some of the highest rates across multiple categories. And this disproportionality has not diminished during short- and long-term school closures resulting from the COVID-19 pandemic. In fact, schools have employed new models of exclusion in the pandemic setting that operate …

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 …

Colorblind Nationalism And The Limits Of Liberalism, Ming Hsu Chen

Faculty Scholarship

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …

The New Racial Wage Code, Veena Dubal

Faculty Scholarship

The legal identity of on-demand platform workers has become a central site of conflict between labor and industry. Amidst growing economic inequality, labor representatives and workers have demanded that platform workers be afforded em­ ployee benefits and protections, including minimum wage and overtime rights. Plat­ form industrialists, meanwhile, have proffered a new regulatory category of worker­ neither employee nor independent contractor-that limits the protections available to the workforce, legalizes unpredictable, digitally-personalized piece-pay, and con­ stricts a worker's right to negotiate different terms. To date, legal and socio-legal scholars have primarily analyzed this third category of worker, codified by Proposi­ tion …

Public Undersight, Christina Koningisor

Faculty Scholarship

No abstract provided.

Secrecy Creep, Christina Koningisor

Faculty Scholarship

Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on federal secrecy, rarely exploring secrecy in other contexts. This Article addresses this gap. It turns its attention to state and local government secrets, applying the lens of federal secrecy to the subfederal regime. In doing so, it identifies a troubling new development in state and local law: the migration of powerful federal secrecy protections, initially developed to shield the national security state, into the state and local context. I refer to this process as “secrecy creep.” By illuminating the architecture …

Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen

Faculty Scholarship

This essay reflects on the use of interdisciplinary perspectives in teaching survey and seminar classes on immigration and citizenship. It focuses on three benefits. First, empirical research gives the doctrine a reality check. Second, normative inquiry evaluates the doctrine against desired values. Third, policy analysis opens up possibilities for reforming and improving on doctrine.

Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia Gonzalez, Rebecca Epstein

Faculty Scholarship

Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in educa- tion practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the em- pirical evidence that has been gathered on school-based restora- tive justice has framed and named RP as a behavioral interven- tion aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is …

Sustainable Communities Or The Next Urban Renewal?, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber

Faculty Scholarship

Inadequate housing supply in California’s most expensive metro areas drives a statewide housing crisis that challenges climate policy implementation, fair housing goals, and poverty reduction. Many scholars and policy makers agree that increasing dense infill transit-oriented residential development (TOD) in high-cost metro areas could address this housing crisis while also mitigating the impacts of climate change. But some advocates and scholars liken state policy that promotes TOD to twentieth century urban renewal—contending that state-incentivized TOD disproportionately displaces lower income communities. To explore this issue, and to examine the relative influence of both state law promoting TOD and local law regulating …

In Search Of The Public Interest, Jodi L. Short

Faculty Scholarship

“Public interest” standards in statutory delegations to agencies represent the greatest hopes and the darkest fears of the U.S. administrative state. On the one hand, the public interest standard provides a vessel for agencies to infuse policymaking with the moral and ethical commitments of the community. On the other hand, regulation in the public interest opens the door to the arbitrary exercise of tyrannical state power. Despite the lofty aspirations and ominous warnings about regulation in the public interest, little is known about how agencies actually decide what is in the public interest when charged by statute to do so. …

Brief Opportunistic Interventions By General Practitioners To Promote Smoking Cessation: A Conversation Analytic Study, H. Wheat, R. K. Barnes, P. Aveyard, F. Stevenson, R. Begh

Peninsula Medical School

No abstract provided.

Pursuing Citizenship During Covid-19, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

Lenses Of Understanding: Socially Constructed Meaning Making In Education Abroad, Callie Dominique Speer

Education

The purpose of this study was to explore meaning making in the context of education abroad. This was conducted through three articles exploring elements of this process, including how programs may be framed through marketing and advising practices; the foundational importance of social and geographic place; the dialectical interactions between embodied experience with conceptual schema, figurative language, and narratives; and the role of student agency within these processes.The first article explored the relationship between virtual delivery and student development as mediated by embodied experience. Through this analysis, concerns about the possibility for the creation of a simulacrum of education abroad …