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Table Of Contents, Editorial Board, Law School Faculty And Administration

Nevada Law Journal

No abstract provided.

Unlocking The Corporate Governance Potential Of Mutual Fund Investors, Jeffrey Manns

Nevada Law Journal

America’s mutual fund governance has long consisted of a system of money manager dominance and shareholder impotence. While mutual funds pool together unprecedented sums of capital, investors historically have had no meaningful role in governance and have faced a choice of “love it or leave it” when it comes to their investments in mutual funds.

The controversy over mutual fund managers’ advocacy of Environmental, Social, and Governance (ESG) principles in portfolio companies has reinvigorated interest in repairing the dysfunctional principal-agent relationship between investors and money managers. The management of BlackRock, the world’s largest money manager, ignited an ESG voting controversy …

Behind Every Case Is A Conversation, Donna Shestowsky

Nevada Law Journal

Lawyers play a central role in guiding clients through critical decisions that shape the trajectory of litigation. Among the most consequential of these is the choice of procedures by which disputes will be resolved—whether through trial, mediation, arbitration, or other mechanisms. Despite the weight of these decisions, legal scholarship offers little guidance on how lawyers might structure conversations about procedural options. This Article seeks to address that gap by drawing on empirical research from psychology and related disciplines to develop recommendations for educating and counseling clients—particularly those with little or no prior exposure to the civil justice system—so that they …

Shadow Probate, Felix Chang

Nevada Law Journal

This Article argues that nonprobate instruments (trusts, life insurance, retirement plans, and joint accounts) now comprise a shadow probate system that per-forms the core functions of probate but evades judicial oversight and public scrutiny. Like probate, shadow probate facilitates succession, though in a manner that caters to the privacy, business continuity, and asset sheltering goals of wealthy clients. By contrast, most households use wills for estate planning—or they avoid planning altogether and lapse into intestacy.

Wills and intestacy must wind through probate courts, which are vested with state authority and therefore follow due process. Shadow probate, on the other hand, …

Time Out For Transfer: Youth Transfer As Punishment, Kristina Kersey

Nevada Law Journal

The confidentiality of the juvenile court, while laudable in protection of the children charged, often means that people, in general, have little understanding of the inner workings of the court. One of the opaquest practices in juvenile court is how, when, and under which circumstances youth are prosecuted as adults. The cases that do reach the headlines are the most salacious, which leads to a confirmation bias on both the need and the appropriateness of the practice of transfer.

Many scholars have discussed the undeniable impact of adolescent development research on juvenile legal jurisprudence and a general reimaging of diminished …

Immigration’S Prejudice Problem, S. Ellie Norton

Nevada Law Journal

With immigration enforcement sharply rising, noncitizens increasingly face deportation with few constitutional protections. Yet many remain at least entitled to a fundamentally fair hearing before an immigration court. Even before the current administration, however, immigration courts had become notorious for systematically violating noncitizens’ due process rights. And while other scholars have suggested broadscale reforms to tackle this problem, statutory and regulatory change has become all but unachievable. This Article offers a new and timely solution: reforming the framework for direct review of immigration court due process violations. In most jurisdictions, noncitizens asserting these violations must prove on appeal not only …

Lies That Matter: Retheorizing Rape And The Limits Of Consent, Seran Gee

Nevada Law Journal

This Article proposes a novel assent-based framework for understanding rape law, challenging the traditional focus on consent as the sole determinant of rape. It argues that rape occurs when there is an absence of assent, rather than simply a lack of consent. The Article distinguishes between assent, which reflects a feeling of willingness, and consent, which is an exercise of autonomy that waives one’s right to bodily integrity. By incorporating this distinction, the assent model provides a more nuanced approach to rape law, explaining why certain deceptions—such as misrepresenting the nature of a sexual act—constitute rape, while others do not. …

Exception To Abolition: Reforming Prison Labor Through Constitutional And State-Level Change, Caren Abourjeily

Nevada Law Journal

No abstract provided.

Fuck: Public Opinion, Ian T. Adams, Marc Olson, Lois James, Brandon Tregle, Hunter M. Boehme

Faculty Publications

Profanity is common in everyday life, yet law enforcement often treats all swear words alike. Building on Adams (2024), we surveyed a large public sample (n = 2412) who evaluated profanity’s appropriateness, professionalism, impact on trust, and disciplinary deservedness across nine scenarios (n = 9874) varying in intent (positive, neutral, derogatory) and target (self/situation, colleague, public). Results aligned with prior research: any profanity aimed at the public, especially in a derogatory way, drew the strongest condemnation. Meanwhile, positive or neutral profanity toward oneself or colleagues was generally acceptable, though derogatory profanity at colleagues elicited moderate concern. Across the …

Developing Collaborative Care At The Intersection Of Maternal Health And Substance Use Disorders: A Case Study On Building Community Through Shared Virtual Learning, Kimberly Persson, Susy Hawes, Sam Leiper

All Materials

This report documents the activities conducted as part of the Maternal Opioid Misuse Model (MOMM) implementation in New Hampshire. The activities detailed within are the result of partnerships between The Elliot Hospital, the New Hampshire Department of Health and Human Services, and the University of New Hampshire Institute for Health Policy and Practice. All efforts were made possible thanks to funding provided by the Center for Medicare and Medicaid Innovation.

The Lost Origins Of Antitrust, William Magnuson

Faculty Scholarship

Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …

Adam N. Steinman, Adam N. Steinman

Faculty CVs

No abstract provided.

Tavi For Pure Aortic Valve Insufficiency: What To Expect?, Mohammed Hussein, Qais Radaideh, Tanvir Bajwa

Aurora GME

Background: Lack of US-approved devices kept transcatheter aortic valve implantation (TAVI) for aortic insufficiency (AI) an area of unmet need. We present pure AI case managed with current TAVI devices.

Case: 90-year-old man with severe noncalcified trileaflet regurgitant aortic valve, dilated aortic root (4.1 cm), and hypokinetic left ventricle (LV), was deemed TAVI candidate and high surgical risk. SAPIEN Ultra Resilia 29mm valve +8 cc was deployed under pacing. Before femoral access site closure with pre-Perclose, we noted central AI jet on echo. Angiogram showed LV valve migration. We swiftly reinserted the 16-Fr sheath we just pulled. We deployed a …

We Are Still In It: A Conceptual Model For Moral Injury And Burnout In Alternative Response Programs To Guide Intervention, Miranda Worthen, Soma De Bourbon, Omar Breedlove, Courtney Ewing, Joseph Graterol, Amelia Harmon, Nakia Hines, Erik Lundgren, Michael Mason, Michael Marchiselli, Vania Mendoza, Khoa Nguyen, Britt Rubin, April Sloan, Shira Maguen

Faculty Research, Scholarly, and Creative Activity

Introduction: About 20% of police calls involve a person experiencing a behavioral health crisis. To better address these community member’s needs and reduce risk of harm, jurisdictions are developing programs that shift calls for crises related to homelessness, addiction, and mental health to non-law enforcement alternatives. In responding to these calls, first responders working in these alternative response programs are exposed to a different set of moral dilemmas and pressures, increasing their risk of developing moral injury. Methods: The Alternative Response Program Moral Injury and Burnout Model highlights causes of exposure to potentially morally injurious events and the interplay between …

Exploring The Personal Management Interview Program As A Burnout Prevention Strategy In Policing: A Qualitative Case Study, Lance C. Arnold

Electronic Theses and Dissertations

Police officers in the United States experience severe burnout at rates exceeding other service professions, with approximately 75% experiencing burnout symptoms. Current interventions predominantly focus on individual coping mechanisms rather than addressing organizational and leadership factors contributing to burnout. This qualitative single-case study explored the perceptions and experiences of police leaders and officers concerning the utility of a personal management interview program to foster positive leadership behaviors as a resource-oriented preventive strategy against burnout in a midsize municipal police department in Texas. The study employed semistructured virtual interviews with eight participants: four police leaders and four police officers who had …

A Narrative Study On The Resilience Of Women In Technology Careers, Gina J. Baldridge

Electronic Theses and Dissertations

In spite of the promotion of science, technology, engineering, and mathematics (STEM) education and careers, there is a lack of women entering the STEM workforce and majoring in STEM subjects. Women can experience gender bias and workplace marginalization in STEM careers, but have learned coping strategies that have contributed to their technology career resilience. The purpose of this narrative qualitative study was to explore how women working as individual performers and leaders in technology companies told their career stories of resilience through the perspective of change acceptance, confidence, and communication, three factors in Kumar’s CR8 model of resilience. The model …

Sepsis At Children's Mercy: A Descriptive Study, Katlyn Mayer, Leslie Hueschen, Grace E. Arends Md, Ashley Sherman

Presentations

No abstract provided.

Simulation Culture And Organizational Readiness In Social Work Education: Examining Faculty Perspectives., Kate Whitney

Doctor of Social Work Capstone Projects

Despite the growing emphasis on simulation-based learning (SBL), faculty perceptions of organizational readiness for this approach in social work education remain understudied. This exploratory mixed-methods study examined faculty readiness across two CSWE-accredited programs using the Simulation Culture Organizational Readiness Scale (SCORS) and qualitative open-ended questions (𝑁=21). Findings revealed modest and uneven readiness across both programs, with full-time faculty reporting significantly lower readiness scores than adjunct and part-time faculty. Qualitative data identified critical needs for foundational dialogue on SBL principles, strategic institutional investment, and targeted faculty development. Participants also expressed concerns regarding the pace of adoption and potential conflicts with the …

Substance Use Stigma: Examining The Role Of Social Work Education., Eboni Burton

Doctor of Social Work Capstone Projects

This study explored the extent of substance use related stigma among social work students and professionals (i.e., BSW, MSW, PHD and DSW) and its relationship to specialized education/training in substance use and professional practice with people who use drugs (PWUD)/live with a substance use disorder (PWSUD). Stigma was measured using the Opening Minds Provider Attitudes Toward Opioid Use Scale and the Medical Condition Regard Scale. The final sample size was 263. Results indicate that current enrollment in a social work program, post degree or non-curriculum related substance use related training, and personal and professional experience with substance use specifically, mitigate …

Emergency Department Boarding For Psychiatric Care: The Effect Of Pointclickcare Integration., Chris Rowan

Doctor of Social Work Capstone Projects

Emergency Department Boarding for Psychiatric Care: The Effect of PointClickCare Integration

Abstract

For many individuals in psychiatric crisis, the emergency department has become the first place to seek help, highlighting gaps in how behavioral health care is accessed and coordinated. In Massachusetts, PointClickCare's Behavioral Health Treatment and Referral Platform (BH TRP) was implemented to centralize and streamline referrals between emergency departments and inpatient psychiatric facilities. This capstone evaluates whether implementation of the BH TRP was associated with changes in psychiatric boarding time at a community hospital emergency department. Using a mixed-methods program evaluation design, this study analyzed de-identified electronic medical …

The Unexplored Relationship Between Adverse Childhood Experiences, Burnout, And Resiliency Among Hospital Staff., Elizabeth Davis

Doctor of Social Work Capstone Projects

This study addresses the critical issue of staff turnover at Baptist Health Floyd, where rates exceed national hospital averages. While prior research connects burnout to workplace stressors, less is known about the role of adverse childhood experiences (ACEs) and resilience among hospital staff. Understanding these relationships is essential for improving workforce stability and patient care outcomes. A cross-sectional survey design was used, with convenience sampling of hospital employees and providers (n=207). Data were collected via a Qualtrics survey using validated instruments: the Maslach Burnout Inventory (Maslach et al., 2016), the ACE questionnaire (Felitti et al., 1998), and the Brief Resilience …

Submission To The Decadal Plan For Australian Education Research Consultation Paper, Australian Council For Educational Research (Acer)

Shaping educational policy

This submission to the Decadal Plan for Australian Education Research Consultation Paper recognises a critical role for education research is to equip educators, leaders and systems with robust information, tools and practices to confidently inform decision-making about teaching, learning, and leadership. The submission highglights the importance of First Nations-led research, and an inclusion mindset for education research and AI as a tool for learning as key to justice, quality and equity for all. ACER understands that the field of education is highly interconnected and draws on evidence from multiple disciplines; it follows that collaboration in education research is the key …

The Changing Landscape Of International Development: An Introduction, Pascaline Dupas, Pinelopi Goldberg, Rohini Pande

Cowles Foundation Discussion Papers

Since the late 1980s, extreme poverty has declined sharply, life expectancy and schooling have increased, and electoral democracy has expanded. However poverty reduction has slowed in recent years, particularly following the COVID-19 pandemic, amid intensifying conflict, fragility, climate risks, democratic backsliding, and the erosion of global trends—including trade integration and geopolitical stability—that once supported growth. These dynamics raise three interrelated questions: what barriers impede further progress; where will future growth in lower-income countries come from; and how can growth be broadly shared. Taking stock of 15 chapters forthcoming in Volume 6 of the Handbook of Development Economics, we discuss how …

Menu Pricing Of Large Language Models, Dirk Bergemann

Cowles Foundation Discussion Papers

We develop a framework for the optimal pricing and product design of LLMs in which a provider sells menus of token budgets to users who differ in their valuations across a continuum of tasks. Under a homogeneous production technology, we show that users’ high-dimensional type profiles are summarized by a scalar index, reducing the seller’s problem to one-dimensional screening. The optimal mechanism takes the form of committed-spend contracts: buyers pay for a budget that they allocate across token classes priced at marginal cost. We extend the analysis to environments with multiple differentiated models and to competition between a proprietary leader …

Thin Sets Are Not Equally Thin: Minimax Learning Of Submanifold Integrals, Xiaohong Chen, Wayne Yuan Gao

Cowles Foundation Discussion Papers

Many economic parameters are identified by “thin sets” (submanifolds with Lebesgue measure zero) and hence difficult to recover from data in an ambient space. This paper provides a unified theory for estimation and inference of such “thin-set” identified functionals. We show that thin sets are not equally thin: their intrinsic dimensionality m matters in a precise manner. For a nonparametric regression h0 with Hölder smoothness s and d-dimensional covariates in the ambient space, we show that n^{-s/(2s+d−m)} is the minimax optimal rate of estimating linear and nonlinear (e.g., quadratic, upper contour) integrals of h0 on an m-dimensional submanifold (0 ≤ …

Screening And Segmenting: A Consumer Surplus Perspective, Dirk Bergemann, Tibor Heumann, Michael C. Wang

Cowles Foundation Discussion Papers

We analyze consumer surplus when a monopolist can adjust both prices and prod-uct qualities across segments, engaging in second- and third-degree price discrimination simultaneously. We characterize the consumer-optimal segmentation and show that it has a striking structure: consumers with the same value receive the same quality in every segment, though prices differ. Under mild conditions, any segmentation harms consumers if and only if demand is sufficiently more elastic than supply. Hence, po-tential benefits for consumers depend critically on demand and supply elasticities. These findings have implications for regulatory policy regarding price discrimination and market segmentation.

Identifying Common Trend Determinants In Panel Data, Yoonseok Lee, Peter C.B. Phillips, Suyong Song, Donggyu Sul

Cowles Foundation Discussion Papers

This paper develops a novel method for identifying observable determinants of latent common trends in nonstationary panel data, which are typically removed or controlled in two-way fixed effects regressions. By examining cross sectional dispersion processes, we assess whether panel series exhibit distributional convergence toward specific observed time series, revealing them as long run determinants of the underlying latent trend. The approach also offers a new perspective on cointegration between time series and panel data, focusing on the relative variation of the panel data with respect to the cointegration error. Applying this method to U.S. state-level crime rates demonstrates that the …

The Skill Premium In Times Of Rapid Technological Change, Tarek Hassan, Aakash Kalyani, Pascual Restrepo

Cowles Foundation Discussion Papers

No abstract provided.

Trade, Labor Market Concentration, And Wages, Mayara Felix

Cowles Foundation Discussion Papers

I estimate the effect of trade on local labor market concentration and its implications for wages using employer-employee linked data and tariff shocks from Brazil’s trade liberalization. Trade increased concentration by 7%, an effect driven by firm exit and worker flows to surviving import-competing firms. Increased concentration reduced wage take-home shares—estimated at 50 cents on the dollar pre-shock—enough to offset small wage gains from reallocation, but did not meaningfully reduce wages on net. Most of the wage declines attributed to Brazil’s trade liberalization resulted instead from reductions in the marginal revenue product of labor. Incorporating informality reveals substantial regional heterogeneity.

Subjective Earnings And Employment Dynamics, Manual Arellano, Orazio Attanasio, Margherita Borella, Mariacristina De Nardi, Gonzalo Paz-Pardo

Cowles Foundation Discussion Papers

We develop a new approach to estimating earnings, job, and employment dynamics using subjective expectations data from the NY Fed Survey of Consumer Expectations. These data provide beliefs about future earnings offers and acceptance probabilities, offering direct information on counterfactual outcomes and enabling identification under weaker assumptions. Our framework avoids biases from selection and unobserved heterogeneity that affect models using realized outcomes. First-step fixed-effects regressions identify risk, persistence, and transition effects; second-step GMM recovers the covariance structure of unobserved heterogeneities such as ability, mobility, and match quality. We find lower risk and persistence of the individual productivity component than in …