Social and Behavioral Sciences Commons^™

Vacatur, Nationwide Injunctions, And The Evolving Apa, Ronald M. Levin

Scholarship@WashULaw

The courts’ growing use of universal or nationwide injunctions to invalidate agency rules that they find to be unlawful has given rise to concern that such injunctions circumvent dialogue among the circuits, promote forum-shopping, and leave too much power in the hands of individual judges. Some scholars, joined by the Department of Justice, have argued that such judicial decisions should be limited through restrictive interpretations of the Administrative Procedure Act (APA).

This article takes issue with these authorities. It argues that the courts’ use of the APA to vacate a rule as a whole—as opposed to merely enjoining application of …

Fairness Opinions And Spac Reform, Andrew F. Tuch

Scholarship@WashULaw

This paper assesses the emerging regulatory framework for special purpose acquisition companies (SPACs). According to this framework mergers of SPACs, known as de-SPACs, must be “fair” to public (or unaffiliated) SPAC shareholders, and transaction participants face heightened liability risk for disclosure errors. In this environment, third-party fairness opinions have been regarded as a de facto requirement for de-SPACs.

A study of all fairness opinions used in de-SPACs from 2019 to 2023 shows that these opinions suffer profound methodological problems and fail in their intended purpose. To be fair to public shareholders, a de-SPAC should represent value to these shareholders of …

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …

The Right To (Unbiased) Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

Whether a defense lawyer being biased against the accused on the basis of race and religion renders assistance of counsel ineffective is an unanswered question. One court will decide that issue when the Massachusetts Supreme Judicial Court renders a decision in Commonwealth of Massachusetts v. Dew. In this case, a court-appointed attorney, Richard Doyle, made over 20 bigoted and racist social media posts while representing his Black Muslim client, Anthony Dew. These public postings, made from 2014 through 2017, contained highly disparaging references to Muslims and Black people, including comments about Doyle’s own Black clients as “[a]ssorted thugs and bad …

Constructing The Supreme Court: How Race, Ethnicity, And Gender Have Affected Presidential Selection And Senate Confirmation Hearings, Christina L. Boyd, Paul M. Collins Jr., Lori A. Ringhand, Karson A. Pennington

Scholarship@WashULaw

In February 2022, President Joseph Biden announced his nomination of Ketanji Brown Jackson to serve as an associate justice on the U.S. Supreme Court. In doing so, he said this: “For too long, our government, our courts haven’t looked like America. And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.” In the following days, Jackson’s nomination was discussed with enthusiasm, much like …

How Gender-Biased Oral Argument Interruptions Opened The Door For Chief Justice Roberts To Be A Transformational Leader, Christina L. Boyd, Sidney E. Shank

Scholarship@WashULaw

In a 2021 NYU Law School conversation with Justice Sonia Sotomayor, the Justice was asked whether she observed higher levels of interruptions of female Justices, relative to their male colleagues, during the Supreme Court’s oral arguments. Justice Sotomayor responded in the affirmative:

“Did I notice it as a dynamic? Without question . . . but I don’t know of a woman who hasn’t. Meaning, regrettably, that is a dynamic that exists not just on the court but in our society in general. Most of the time, women say things, and they’re not heard in the same way [as] men [who] …

R&D Subsidies In Permissive And Restrictive Environment: Evidence From Korea, Yumi Koh, Gea M. Lee

Research Collection School Of Economics

This paper investigates the extent to which a regulatory environment for R&D subsidies shapes the magnitude and direction of R&D subsidies set by a government and consequent innovation paths. When the WTO adopted a permissive regulatory environment, we find that the Korean government increased R&D subsidies significantly (89.21%) and selectively so for firms and industries with higher returns. Recipient firms conducted less basic research and more development research. Improvements in innovations were mostly incremental and minor. However, such changes did not persist once the WTO switched to a restrictive regulatory environment. Our findings show that the regulatory environment imposed by …

Growth And Risk: A View From International Trade, Pravin Krishna, Andrei A. Levcheko, Lin Ma, William F. Maloney

Research Collection School Of Economics

This paper studies the cross-country patterns of risky innovation and growth through the lens of international trade. We use a simple theoretical framework of risky quality upgrading by firms under varying levels of financial development to derive two predictions. First, the mean rate of quality growth and the corresponding cross-sectional variance of quality growth in a country are positively correlated. Second, both the mean and variance of quality changes are positively correlated with the country’s level of financial development. We then test these two hypotheses using data on disaggregated (HS10) bilateral exports to the United States. The patterns in the …

Net-Zero Asset Owner Alliance: Evidence On The Paris Alignment Of Members’ Disclosure, Proxy Voting, And Fossil Fuel Bond Investing, L. Chin, Theodor Florian Cojoianu, Andreas G. F. Hoepner, D. Moreno, R. Patil, Anh Vu

Research Collection College of Integrative Studies

One of the seven sector-specific alliances under the Glasgow Financial Alliance for Net Zero (GFANZ), the United Nations-convened Net-Zero Asset Owner Alliance (NZAOA) is an international group of 74 institutional investors with a combined pool of assets under management (AUM) worth US$10.6 trillion.i NZAOA members are committed to transitioning their investments to netzero emissions by 2050, in line with the latest Intergovernmental Panel on Climate Change (IPCC) scientific research to follow “no or limited” overshoot trajectories to a 1.5°C scenario. NZAOA members also launched a more ambitious second edition of the Target Setting Protocol (TSP2) at the beginning of 2022. …

The Building Data Genome Directory – An Open, Comprehensive Data Sharing Platform For Building Performance Research, Xiaoyu Jin, Chun Fu, Hussain Kazmi, Atilla Balint, Ada Canaydin, Matias Quintana, Filip Biljecki, Fu Xiao, Clayton Miller

Research Collection College of Integrative Studies

The building sector plays a crucial role in the worldwide decarbonization effort, accounting for significant portions of energy consumption and environmental effects. However, the scarcity of open data sources is a continuous challenge for built environment researchers and practitioners. Although several efforts have been made to consolidate existing open datasets, no database currently offers a comprehensive collection of building data types with all subcategories and time granularities (e.g., year, month, and sub-hour). This paper presents the Building Data Genome Directory, an open data-sharing platform serving as a one-stop shop for the data necessary for vital categories of building energy research. …

The Demands Of Displacement, The Micro-Aggressions Of Multiculturalism: Performing An Idea Of "Indianness" In Singapore, Orlando Woods, Lily Kong

Research Collection College of Integrative Studies

This paper explores the ways in which state-defined discourses of multiculturalism can unintentionally create a framework through which micro-aggressions are enacted against those interpreted as "other". These definitions cascade down from the state to majority and then minority ethno-national groups, who leverage positions of relative dominance to establish the terms of acceptance and integration into society. By negotiating these terms, ethnicity becomes a performative construct through which difference is asserted and reified. We illustrate these ideas through an empirical analysis of Singapore's minority Indian community, and how Singaporean Indians perform an idea of "Indianness" in response to their Singaporean Chinese …

Personal Service Companies And The Tax Avoidance Surcharge In Singapore, Vincent Ooi, Ben Chester Cheong

Research Collection Yong Pung How School Of Law

Incorporation of personal service companies provide tax and non-tax advantages. With the introduction of a tax avoidance surcharge in Singapore, incorporation for non-tax advantages risks additional “tax costs” if challenged by the revenue authorities, introducing uncertainty and litigation costs. Instead of relying on a GAAR, targeted measures should restrict tax advantages to the first company incorporated by each individual taxpayer.

Presidential Economic Approval Rating And The Cross-Section Of Stock Returns, Zilin Chen, Zhi Da, Dashan Huang, Liyao Wang

Research Collection Lee Kong Chian School Of Business

We construct a monthly presidential economic approval rating (PEAR) index from 1981 to 2019, by averaging ratings on the president’s handling of the economy across various national polls. In the cross-section, stocks with high betas to changes in the PEAR index significantly under-perform those with low betas by 1.00% per month in the future, on a risk-adjusted basis. The low PEAR beta premium persists up to one year, and is present in various sub-samples and even in other G7 countries. PEAR beta dynamically reveals a firm’s perceived alignment to the incumbent president’s economic policies and investors seem to misprice such …

African American Youth-Identity, Invisible Powers & Hypnotic Blaxploitation-Themed Film Tropes: From Superfly & Drug Culture To Black Panther & Wakanda, Daniel Mitchell

Screenwriting and Film Studies Theses (MA/MFA)

This thesis project explores the most influential effect of the blaxploitation era. It is during a time shortly after the Civil Rights and Black Power Movements, where black youth are still enduring identity issues. The point of departure for central discussion of this work revolves around the mesmerizing Hollywood blaxploitation film, Superfly. It arrived on the big screen in 1972. The hit movie and its soundtrack seemingly hypnotized countless young African American youth in urban areas to become drug dealers and users. This coincided with Nixon’s War on Drugs collusion with government agencies, and the secret COINTELPRO operation. They …

Tuberkulosis Di Indonesia: Apakah Status Sosial-Ekonomi Dan Faktor Lingkungan Penting?, Amalia Kusumaningrum, Grace Wulandari, Achmad Kautsar

Jurnal Ekonomi dan Pembangunan Indonesia

This study aims to find the social-economic status and environmental factors for tuberculosis in Indonesia by using Indonesia Family Life Survey (IFLS) data in 2014. First, this study analyzes individual characteristics with regression logistic method. Second, this study estimating social-economic status by entering a correction from the first stage. Meanwhile at the third stage, adding factors home environmental conditions and entering a correction from the previous stage. This study find that household income is the affecting factors, especially for households with incomes of less than IDR 600.000. In additions, level education especially high school and college also has a significant …

Analisis Implementasi Kebijakan Harga Minimum Industri Rokok Di Indonesia, Khomsun Arifin, Abdillah Ahsan, Adela Miranti Yuniar

Jurnal Ekonomi dan Pembangunan Indonesia

Large companies have the financial power to play a price strategy so it can threaten the existence of small companies. In this case, the government implements a minimum price policy to protect small entrepreneurs from unfair price competition. This paper aims to determine the correlation between implementing the minimum price policy and the price strategy in the cigarette industry. Using panel data of DJBC market transaction price survey for 2015-2019 period covering 199 cigarette brands in 25 Indonesian provinces and random effect model, the study found that the implementation of the minimum price policy (HTP 85%) is significantly correlated with …

Pengaruh Modal Manusia Terhadap Transisi Tenaga Kerja Formal Menjadi Informal Pada Masa Pandemi Covid-19, Tasmilah Tasmilah, Devanto Shasta Pratomo, Wildan Syafitri

Jurnal Ekonomi dan Pembangunan Indonesia

This study aims to examine the effect of human capital on the transition of formal to informal labor during the Covid-19 pandemic. Human Capital in this study includes education, training, experience, skills, and the use of digital technology and the internet. Using Sakernas data in August 2019 and 2020, logistic regression was conducted to estimate the effect of human capital on the formal labor transition. Based on analysis, human capital has a significant effect on the transition of formal labor during the pandemic. Education, training, and use of digital technology and the internet will prevent the transition of formal to …

The Limits Of Community: Wendell Berry, Books Bans, And Intellectual Freedom As An Individual Right, Michael Kirby

Publications and Research

Beginning with a broad overview of community-oriented arguments for or against intellectual freedom (exemplified, in one case, by the writer and activist Wendell Berry), this chapter defines two forms of community: one active, the other passive. But do appeals to community make sense in environments increasingly hostile to intellectual freedom? In what ways have both of these forms already been weaponized by right-wing actors? It can certainly be argued that intellectual freedom benefits communities, but what if a community rejects intellectual freedom altogether? After detailing a recent case involving Nikole Hannah-Jones’s The 1619 Project as well as subsequent efforts to …

Autism Paradigms And Mental Well-Being Among Autistic Adults: A Quantitative Exploration, Libbey Walker

Antioch University Dissertations & Theses

Autistic populations experience significant mental health challenges. A growing body of research supports addressing autistic mental health problems using the framework of minority stress theory, the social model of disability, and the neurodiversity paradigm (e.g., Botha & Frost, 2018; Cage et al., 2018). This quantitative study explored how identification with the neurodiversity paradigm versus the pathology paradigm related to mental well-being in autistic adults. Participants (N = 135) completed an online survey in which they rated their identification with autism descriptions representing both paradigms. Participants also completed measures of psychological distress, self-esteem, personal autism acceptance, and internalized autism stigma. Most …

Autistic Authors' Narratives Of Trauma And Resilience: A Qualitative Analysis, Tessa Smith

Antioch University Dissertations & Theses

This qualitative dissertation investigates current research gaps regarding autistic individuals’ experience of trauma and resilience in the face of adversity. Specifically, it conceptualizes trauma and resilience through a neurodiverse lens, through identifying themes in memoirs written by five autistic authors related to trauma, potentially traumatic events, resiliency, and posttraumatic growth. Through Interpretive Phenomenological Analysis, I identified individual, interpersonal, and societal factors impacting the memoirists experiences of trauma, through the identification of 11 superordinate themes. Prominent themes at the individual level included self-acceptance and emotion regulation promoting resilience. At the contextual level, sensory processing and uncertainty coincided with experiences of trauma. …

Exploring The Intersection Of Dementia And Violence Risk Assessment, Jamie S. Klugiewicz

Antioch University Dissertations & Theses

This is a mixed-method study exploring Designated Forensic Psychologists’ (DFPs) experiences with the violence risk assessment (VRA) of individuals diagnosed with dementia. DFPs (N = 23, 69.6% female, 87% White) completed an online survey investigating the frequency of VRA and dementia, potential change in VRA method in response to dementia, application of existing VRA instruments, and perceived benefit of tailored guidelines and VRA instruments. Most in this sample (84.2%) endorsed cases involving VRA and dementia that typically comprised 5% or less of lifetime cases. The presence of dementia had a variable impact on the approach to VRA, and thematic analysis …

How Is Obsessive-Compulsive Disorder Taught In Graduate Counseling Programs?, Laura Smestad

Antioch University Dissertations & Theses

The purpose of this study was to investigate how OCD is taught in graduate counseling programs. A quantitative approach with a qualitative element was used to explore the experiences of master’s-level counseling students learning about OCD as well as to examine specific information taught about OCD in graduate counseling programs. Participants completed the OCD Counselor Education Questionnaire to assess how OCD was taught in their diagnosis coursework. Quantitative survey questions were analyzed using a frequency analysis, and qualitative answers were analyzed using thematic analysis. Findings revealed significant gaps in graduate counseling curriculum related to OCD symptomology, misdiagnosis, and evidence-based treatments, …

Land Reform In Sub-Saharan Africa: Exploring Interested Parties Perspectives On Cameroon's Land Tenure And Land Law Reform, Jacques Kenjio

Antioch University Dissertations & Theses

This research study seeks to understand interested parties’ perspectives on Cameroon's existing land tenure systems, the 1974 land law, and ongoing efforts to reform this land law. It identifies both concerns and specific recommendations from these parties on the formulation and implementation of future reforms. In the decades following the achievement of independence from European colonizers, most governments in sub-Saharan Africa (SSA) have adopted new national land tenure policies to meet their countries’ needs and aspirations. In some parts of SSA, however, this process of land tenure formalization has negatively impacted the land rights of people observing customary land tenure. …

How Racial Trauma Manifests In Black Women From Direct And Indirect Encounters With Police Brutality, Ashley Turner

Antioch University Dissertations & Theses

This phenomenological study explored Black women’s lived experiences with racial trauma stemming from direct and indirect encounters with police brutality. A total of nine participants living in Washington state participated in this study. They identified as Black, ciswomen, fluent in English, and at least 21-years-old. In-depth, semi-structured, qualitative interviews were conducted to explore participants’ experiences with police. Transcripts were analyzed using interpretative phenomenological analysis. The results consisted of the following five themes: (a) forms of police encounters, (b) influence of identity, (c) perceived reason for police brutality, (d) emotions stemming from police brutality, and (e) tactics to survive police interactions. …

From Intersubjectivity To Activism: A Case For Engaged Psychoanalytic And Psychodynamic Psychology, Abigail Bliss

Antioch University Dissertations & Theses

This dissertation consists of a book proposal, including a completed introduction and first chapter, in addition to detailed chapter outlines summarizing the content for the actual book. After framing this project and exploring its inspiration, which includes Freud and his free clinics (Danto, 2005), the first chapter begins with explorations of multiple theories of intersubjectivity and the analytic third, considering how contemporary sociopolitical factors might affect the intersubjective experience. To this end, I demonstrate how race, politics, the COVID-19 pandemic, and the incorporation of telehealth practices affect the intersubjective experience in psychoanalytic/psychodynamic (PA/PD) psychotherapy. I then research and review PA/PD …

Forest Bathing Increases Adolescent Mental Well-Being And Connection To Nature: A Transformative Mixed Methods Study, Jennifer Keller

Antioch University Dissertations & Theses

Previous research has demonstrated that practicing forest bathing has significant positive effects on well-being. However, few studies have investigated whether forest bathing increases adolescent well-being despite the growing adolescent mental health crisis in the United States. Similarly, few studies have explored forest bathing’s impacts on connectedness to nature. Considering the ongoing environmental crisis, determining if forest bathing increases connectedness to nature is a critical expansion of forest bathing research, as connectedness to nature is linked to environmental care and concern. This study investigated the possibility that forest bathing, a nature-based mindfulness practice, could increase adolescent mental well-being and connectedness to …

Understanding How Secular Spirituality Transforms Intergenerational Parenting Styles, Barrie Birge

Antioch University Dissertations & Theses

A family is a relational system that shapes a child’s development, and it is well-established that parenting directly exasperates or reduces a child’s internal and external behaviors (Foran et al., 2020; Rikuya & Toshiki, 2018). Parents are influential figures during childhood and adolescence and play a key role in their children’s development (Baumrind, 1978; Maccoby & Martin, 1983). Therefore, it is of great concern that developmental challenges in children and adolescents in the U.S. continue to increase. The Centers for Disease Control (2019) confirms adolescent mental health and suicide variable trends in the U.S. continued to increase significantly between 2009 …

Does Anyone Else? The Lived Experience Of Writing About Depersonalization On Reddit, Kristina S. Fury

Antioch University Dissertations & Theses

As both The International Statistical Classification of Diseases and Related Health Problems 11th Revision (ICD-11) and The Diagnostic and Statistical Manual of Mental Disorders-5-Text Revision (DSM-5-TR) describe, depersonalization (DP) involves unpleasant episodes of detachment from one’s sense of self or of unreality in the environment. Symptoms include people feeling as though they are an outside observer of their thoughts, feelings, sensations, body, or actions. DP can take the form of emotional numbing, in which people may feel they are watching themselves from a distance or as though they are characters in a play. People can also feel physically numb, disconnected …

"The Power To Heal And Cure": Adaptations Of Western Therapy By American Indian And Alaska Native Therapists, Calleaghn B. Kinnamon

Antioch University Dissertations & Theses

The legacy of colonialism has created a modern-day reality where Indigenous populations of the United States (US) experience mental, physical, and emotional distress at disproportionately higher rates than other cultural groups in the country. Increased distress translates to an increased need for supportive services. Because the field of Western Psychology is based in colonialistic EuroWestern worldviews which positions that worldview as superior, Indigenous clients and communities have often experienced further harm in their encounters with mental health services. In recent decades, there has been increasing attention to adapting research, training, academic and clinical work in ways that are culturally appropriate …

Fighting For The Public’S Health: Challenges And Opportunities To Reinvigorate Public Health Advocacy, Madeleine S. Frey

Georgia Public Health Association Annual Meeting & Conference

Background

Covid-19 shed a painful light on racial health disparities. As health officials asserted their public health authority to stop the pandemic and promote health equity, elected officials moved to limit their ability to do so. Without strong advocacy infrastructure, public health has struggled to defend its legal public health authority, support the workforce, and ensure equitable health outcomes for everyone.

Methods

Fighting for Public Health, a 2022 Feasibility Study from the Network for Public Health Law, assessed what’s happening in public health advocacy, and what’s needed to strengthen it on state and national levels. With funding from Healthcare …