Law Commons^™

All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne

Journal of the National Association of Administrative Law Judiciary

After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …

Dehumanization And Medical Abuse: Understanding Munchausen Syndrome By Proxy And Physician Liability, Michelle Deutsch

Senior Honors Theses

Munchausen Syndrome by Proxy (MSBP), according to the Diagnostic and Statistical Manual of Mental Disorders, is a relatively rare psychiatric disorder and form of child abuse wherein a caretaker will either purposefully induce real symptoms to make their child appear gravely sick or fabricate false medical symptoms, even in the absence of external rewards. It remains difficult to diagnose perpetrators of MSBP because the caretaker’s extreme concern for their child’s supposed ailments is rationalized as caring and devoted. However, the victim may suffer grievous physical and psychological damage, including death. Thus, it is pivotal that medical professionals and forensic evaluators …

Discussant Comments On Hyman Et Al. Paper On California Competes Tax Credit (Cctc), Timothy J. Bartik

Presentations

No abstract provided.

Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

No abstract provided.

Twitter Trends During The 82nd Session Of The Nevada Legislature, 2023, Annie Vong, Zachary Billot, Mary Blankenship, Caitlin J. Saladino, William E. Brown Jr.

Elections & Governance

This fact sheet examines Twitter trends during the 82nd Session of the Nevada Legislature (2023). Data are comprised of tweets posted on Twitter by users located in Nevada addressing the most discussed topics during the session.

Committing To Agency Independence, Nicholas Almendares

Articles by Maurer Faculty

One of the enduring challenges in politics is that there is little in the way of binding commitments. It is not as if the president and the Speaker of the House can write an effective contract and it is hard to imagine any court ever enforcing it. A commitment by a political actor is therefore only as good as it is credible—that is, if it is in the interests of the actor to keep it, possibly due to mechanisms put in place to induce just those commitments. All this makes analytical tools like game theory well-suited to understanding politics, especially …

Darlene Rouse, Appellant/Petitioner V. Utah Labor Commission, Walmar, And/Or New Hampshire Insurance Company, Respondents / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan, DAVID H. TOLK, Attorneys for Respondents

Loren M. Lambert, Attorney for Appellant

2023 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Remarks At Gala & Award Dinner, Marcus Cole

2019–Present: G. Marcus Cole

Dean Marcus G. Cole, founder of the Notre Dame Law School's Religious Liberty Initiative welcomes participants of the third annual Notre Dame Religious Liberty Summit Gala Dinner.

Perma.cc

The European Union’S Post Brexit Agenda And Priority In Defense-Security Sectors, Bayu Wicaksono, Henny Saptatia Drajati Nugrahani

Journal of Strategic and Global Studies

ABSTRACT

This research aims to explore the European Union’s agenda and priority in defence and security sectors in post Brexit era. This study is analyzed based on two research questions are: first, what are the impacts of Brexit on the European Union (EU) defense-security sectors, and the second is, what are the EU’s agenda and priority in defense-security sectors in the Post-Brexit era. The method of this research is descriptive qualitative. The analyses of the study is using Barry Buzan and Ole Waever's Regional Security Complex Theory (RSCT). The findings of this study are: first, as the impact of Brexit, …

Julie Kinsey, Petitioner/Appellee V. Glen D. Kinsey, Respondent/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a final Order entered on February 17, 2023, by the Third Judicial District Court in and for Salt Lake County, State of Utah The Honorable Dianna Gibson, District Court Judge, presiding

K. Bradley Carr, No. 14428 CARR & WOODALL Attorney for Appellant

Cory R. Wall, No. 4937 WALL & WALL, PС Attorney for Appellee

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Sixth Judicial District Court for Garfield County Judge Mandy Larsen

Jerry Jaeger, Attorney for Appellee

Nicolas C. Wilde, Trevor J. Lee, Attorneys for Appellant

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Sixth Judicial District Court for Garfield County Judge Mandy Larsen

Jerry Jaeger Special Garfield County Attorney Attorney for Appellee

Nicolas C. Wilde Law Office of Nicolas C. Wilde, LLC Trevor J. Lee Hoggan Lee Hutchinson Attorneys for Appellant

Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer

Popular Media

No abstract provided.

Cardozo Law News Brief: July 16, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Levine
• Jacob Noti-Victor
• Michael Pollack
• Alexander Reinert
• Edward Zelinsky

The Constitution Of Japan, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.

The Poetic Beauty Of Resistance, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

A Scoping Review Of Health Research With Racially/Ethnically Minoritized Adults With Intellectual And Developmental Disabilities, Heather J. Williamson, Tara Chico-Jarillo, Samantha Sasse, Leticia Rennie, Jennifer R. Etcitty, Carol L. Howe, Michele Sky Lee, Julie S. Armin

Developmental Disabilities Network Journal

Living with intersectional identities, having a disability, and being a member of a racial or ethnic minoritized group in the U.S., contributes to marginalization that may result in health disparities and health inequities. The purpose of this scoping review is to describe health research regarding adult racial/ethnic minoritized individuals in the U.S with intellectual and developmental disabilities (I/DD). Eight electronic databases were searched to identify literature on the topic published since 2000. Of the 5,229 records, 35 articles were included in the review. Eligible studies included research conducted in the U.S., published in English, and research focused on adults with …

Differences Among Family And Professional Guardians: A Statewide Survey Of Characteristics, Training, And Practices Related To Decision-Making, Kristin Hamre, Derek Nord

Developmental Disabilities Network Journal

This cross-sectional study sought to examine the differences between family and professional guardians across personal and role characteristics, training received, and their inclusion of people they serve in decision making. A total of 237 subjects serving as guardian to adults in the state of Indiana completed an online survey. Results showed group differences across race, education, as well as diagnosis and age of those served. Overall, training was limited across both groups, and family guardians received significantly less training across several topics. Finally, family and professional guardians were found to significantly differ in their willingness to allow people they serve …

State Oversight Of Polypharmacy And Psychotropic Medication Use Among Individuals With Intellectual And Developmental Disabilities: A Three State Case Study, James Houseworth, Kami L. Gallus, Tiffany Greene, Steven R. Erickson, Jennifer Lynn Jones, Laura Vegas

Developmental Disabilities Network Journal

Adults with intellectual and developmental disabilities (IDD) are prescribed more medications than the general population, placing them at significantly higher risk for issues due to taking multiple medications (polypharmacy). There are currently no clear national standards for the administration of medications given this risk. The following policy analysis explores state policies related to prescription medication oversight. This analysis pays particular attention to the use of medications that alter one’s mental state (psychotropics) among people with IDD who receive home and community-based services (HCBS) in the United States. The article outlines current efforts implemented to reduce medication-related risks for people with …

Reimagining Disability: A Call To Action, Paritosh Joshi, Julia Pappageorge

Developmental Disabilities Network Journal

This article focuses on how the medical profession, organizations, and universities should incorporate the social model of disability into their regulations and policies to advance justice for individuals with disabilities. Traditionally, disability has been viewed through the medical model, which postulates that one’s individual body or mind is medically impaired and diminishes the person’s quality of life. The model overemphasizes individual difference or disability diagnosis as something that should be treated at an individual level through medical intervention, and ignores social factors that impact the development of physical and mental conditions. Moreover, this pervasive attitude towards disability permeates institutions and …

Reaching Consensus On The Future Direction Of A Resource Center Within A Ucedd: A Quality Improvement Delphi Project, Emily J. Hickey Phd, Amy D. Whitehead Mpa, Rachel Weingarten Bs, Leann Smith Dawalt Phd

Developmental Disabilities Network Journal

Individuals with intellectual and developmental disabilities and their families need access to timely, quality information and assistance about relevant services and supports. Despite statewide systems of information and assistance for this population, there is a need for “in-the-moment” assistance for individuals and family members who participate in on-site research, training and or service delivery at the Waisman Center. The aim of this quality improvement project was to clarify the role of an internal Resource Center so as to align with the staff resources available and not duplicate statewide systems of support.

The Waisman Center at the University of Wisconsin-Madison the …

The Effects Of Joint Training On Career And Technical Education And Special Education Professionals, Crystal K. Emery, Robert L. Morgan

Developmental Disabilities Network Journal

Abstract

Young adults with intellectual and/or developmental disabilities who leave high school have limited options in adulthood. Their rates of competitive employment in inclusive community settings is very low compared to their counterparts without disabilities. Involvement in postsecondary education and independent, community living is likewise limited. They need teams of trained professionals representing relevant disciplines who work together to support the student along college, career, and community pathways. Not only should special educators (SPED) be trained, but career technical education (CTE) professionals should be jointly trained in how to collaborate effectively and provide well-coordinated services. The purpose of this research …

Acknowledgments, Matt Wappett

Developmental Disabilities Network Journal

No abstract provided.

State Flexibility In Emergency Medicaid To Care For Uninsured Noncitizens, Jin K. Park, Clarisa Reyes-Becerra, Medha D. Makhlouf

Faculty Scholarly Works

No abstract provided.

Risk Management Perceptions And Preventive Practices Of Athletic Directors From Naia Schools, Yan Gioseffi

Health, Exercise, and Sports Sciences ETDs

The increase in the number of incidents associated with sports has led to the rise of litigation, and physical, emotional, and financial damage to stakeholders. Collegiate athletic directors (ADs) have the duty to keep their programs safe.

This study aimed to explore and understand the practices, perceptions, and experiences of ADs from National Association of Intercollegiate Athletics (NAIA) institutions regarding preventive risk management. As risk management is significantly new in the sporting industry, an exploratory study using a qualitative design, grounded in narrative inquiry was conducted using the D.I.M. Process as a guide to collect data from 10 NAIA ADs …

Erda Community Association, Inc,; Ryan Sorensen; Kalem Sessions; And Denise Moddy-Martin, Appellants, V. Grantsville City Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Tooele County, Honorable Teresa Welch, District Court No. 200301207

Robert Keller, Nathanael Mitchell, Brett Coombs, Attorneys for Appelleе

Janet M. Conway, Attorney for Appellants

Erda Community Association, Inc. Ryan Sorensen; Kalem Sessions; And Denise Moody-Martin. Appellants V. Grantsville City, Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Tooele County, Honorable Teresa Welch, District Court No. 200301207

Robert Keller, Brett Coombs, Attorneys for Appelleе

Janet M. Conway, Attorney for Appellants

Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan

Maine Law Review

In Oklahoma v. Castro-Huerta, the Supreme Court held that states have inherent authority to prosecute crimes committed by non-Indians in “Indian country.” Only two years earlier, the Court in McGirt v. Oklahoma held that most of eastern Oklahoma was Indian country, and thus immune from any state criminal jurisdiction. Castro-Huerta limited this immunity and narrowed the Court’s view of tribal sovereignty as a whole. The majority represented the Court’s originalist faction—minus Justice Gorsuch, who had penned both the majority opinion in McGirt and the dissent in Castro-Huerta. The majority and dissent disagreed over whether federal statutes preempted Oklahoma’s criminal jurisdiction. …

The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement, Nicole Friederichs

Maine Law Review

The Passamaquoddy Tribe and the Penobscot Nation brought their lands claims against the State of Maine in an effort to reclaim taken lands, to ensure that they could self-determine their futures and to hold on to their cultures and languages. What they faced were a state and federal governments opposed to such a goal. With favorable court decisions in hand, the Tribes began the long process of negotiating for the financial restitution of those claims. They learned, however, that restitution—the recovery of a small portion of their traditional territories—would only be possible if an agreement was made with the State …

Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher

Maine Law Review

In the 1970s Native activists realized that states were removing Native children from their families at disproportional rates when compared to non-Native children. The activists pushed for the enactment of the Indian Child Welfare Act, which became law in 1978. The law increases the burden on states before Native children can be taken from their families. As part of a larger movement to attack the Equal Protection Clause in the courts, Haaland v. Brackeen reached the Supreme Court in 2022. The plaintiffs in Brackeen argue that the Indian Child Welfare Act is unconstitutional for a variety of reasons, including that …