-
Alaska
Jeff M. Feldman
The Law of Class Action: Fifty-State Survey 2023 is a valuable tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.
-
How Do Japanese Clients View Their Lawyers -- and How Did Those Views Change over the Decade between Surveys? [Bengoshi ni taisuru soshōtōjisha no hyōka – 10nen de hyōka wa dou kawatta ka]
Daniel H. Foote
A central component of the Civil Litigation Behavior Research Project (2003-2008) and the successor Civil Litigation Research Project (2016-2020) was a set of surveys of litigants in civil cases.1 For comparison purposes, each project also included a survey of the general public, containing a number of identical or similar questions. Among the many aspects of the litigation experience covered in the surveys, several questions focused on the lawyer-client relationship. These included questions about access to lawyers, advice by lawyers, and client evaluations of and level of satisfaction with the lawyers who represented them. After briefly examining some of the ways in which the Japanese legal profession changed in the ten years between the projects, this essay will compare results from the two studies, with a focus on items appertaining to the lawyer-client relationship.
-
People with Disabilities
Elizabeth Pendo
Given the national reckoning around structural inequity, racism, and intractable health inequalities, there is an unrequited demand among faculty and scholars who teach and write about health equity and social justice for texts that go beyond a discussion of the social determinants of health and access to care to provide analysis that offers a structural and legal lens for understanding entrenched health inequity in the U.S. The COVID-19 pandemic has only made the need for this approach more compelling and urgent.
Addressing that need, authors Elizabeth Tobin-Tyler and Joel Teitelbaum have built upon and expanded their first edition with Essentials of Health Justice: Law, Policy, and Structural Change, Second Edition. This unparalleled new edition explores the historical, structural, and legal underpinnings of racial, ethnic, gender-based, and ableist inequities in health, and provides a framework for students to consider how and why health inequity is tied to the ways that laws are structured and enforced. Additionally, it offers analysis of potential solutions and posits how law may be used as a tool to remedy health injustice.
Written for a wide, interdisciplinary audience of students and scholars in public health, medicine, and law, as well as other health professions, this accessible text discusses both the systems and policies that influence health and explores opportunities to advocate for legal and policy change by public health practitioners and policymakers, physicians, health care professionals, lawyers, and lay people.
-
Administrative Sovereignty: Tribal Governance and Public Administration
Kekek Stark and Monte Mills
This cutting-edge new casebook challenges the dominant White-centric narrative of public administration, offering a fresh array of perspectives, with the lofty aim of ending the marginalization of communities in public policy implementation. Contributors adopt a liberatory framework to examine street-level public administrators (e.g., teachers, security officers, policy analysts, and human resource experts) most responsible for implementing public policy in the United States, including and amplifying previously unrecognized narratives on the front lines of public administration. Case studies explore real-life public servants, not traditionally heard of, offering counter-narratives. Each chapter concludes with an empowerment exercise and assignment for faculty to adopt in their classroom.
This edited volume, a first of its kind, is written by experts in public policy and administration, bringing together top and emerging scholars in one volume to amplify underrepresented voices in public administration and policy. Chapters are rooted in qualitative approaches and center the narratives of marginalized communities, including women, People of Color, and LGBTQIA+ public servants. Street-Level Public Servants offers a much-needed casebook for public administration and public policy courses in the twenty-first century.
-
A House Divided: The Minnesota Experimental City and Competing Narratives of Conservation
Todd A. Wildermuth
Minnesota’s Twin Cities have long been powerful engines of change. From their origins in the early nineteenth century, the Twin Cities helped drive the dispossession of the region’s Native American peoples, turned their riverfronts into bustling industrial and commercial centers, spread streets and homes outward to the horizon, and reached well beyond their urban confines, setting in motion the environmental transformation of distant hinterlands. As these processes unfolded, residents inscribed their culture into the landscape, complete with all its tensions, disagreements, contradictions, prejudices, and social inequalities. These stories lie at the heart of Nature’s Crossroads. The book features an interdisciplinary team of distinguished scholars who aim to open new conversations about the environmental history of the Twin Cities and Greater Minnesota.
-
Privacy, Public Disclosure, and Police-Worn Body Camera Footage
Mary D. Fan
Police body-worn cameras (BWCs) are at the cutting edge of policing. They have sparked important conversations about the proper role and extent of police in society and about balancing security, oversight, accountability, privacy, and surveillance in our modern world. Police on Camera address the conceptual and empirical evidence surrounding the use of BWCs by police officers in societies around the globe, offering a variety of differing opinions from experts in the field.
The book provides the reader with conceptual and empirical analyses of the role and impact of police body-worn cameras in society. These analyses are complimented by invited commentaries designed to open up dialogue and generate debate on these important social issues. The book offers informed, critical commentary to the ongoing debates about the implications that BWCs have for society in various parts of the world, with special attention to issues of police accountability and discretion, privacy, and surveillance.
This book is designed to be accessible to a broad audience, and is targeted at scholars and students of surveillance, law and policy, and the police, as well as policymakers and others interested in how surveillance technologies are impacting our modern world and criminal justice institutions.
-
United States v. Nwoye (judgment)
Mary D. Fan
The case represents one of the few instances where an appellate court considered whether an affirmative defense of duress should be allowed to incorporate evidence of battered person syndrome. The defendant, convicted of conspiring with her boyfriend to extort money from a doctor, testified that her boyfriend coerced her participation through his physically and emotionally abusive behavior. He also pretended to be an FBI agent which allowed the defendant to argue she did not feel reasonably safe in reporting the extortion scheme. Also of note, the case had an unusual procedure history wherein a three-judge panel reversed its prior judgment and the final split opinion was authored by Judge (now Justice) Brett Kavanaugh.
-
Islam and Constitutional Law: Insights for the Emerging Field of Buddhist Constitutional Law
Clark B. Lombardi
This chapter connects the study of Islam and constitutional law with the nascent material on Buddhism. First, it notes the surprisingly long delay in commencing a study of the relationship between Islam and constitutional law, and upon the political and academic developments that eventually inspired the academy to focus its energies productively onto studies in this area. Second, it discusses some of the central findings produced by scholars of this field over the past twenty-five years, focusing on the Sunni world. Third, this chapter will very cautiously draw upon the contributions in this volume to highlight some ways in which patterns found in the Sunni Muslim world seem to be absent in a number of Buddhist countries. The overlaps and contrasts between these two religious traditions and their approaches to constitutional law provide many opportunities for deeper engagement.
-
Constitution-Making for Divided Societies: Afghanistan
Clark B. Lombardi and Pasarlay Shamshad
This chapter begins by surveying the current literature on constitutional design constitutions for divided societies and constitutional approaches to power sharing. It pays particular attention to the view that constitutions are best understood not as contracts, but rather as coordination devices. An implication of this view for constitutional design is that, in deeply divided societies, successful coordination (and thus successful constitution-writing) may be easier to achieve if the constitution deliberately leaves certain divisive constitutional questions unresolved, with the understanding that those questions will be resolved incrementally over time. Against this theoretical background, the chapter uses the history and constitutional history of Afghanistan to illuminate the challenges of developing a constitution that can coordinate politics in a deeply divided society, and it evaluates the pros and cons of different approaches to constitutional design in such contexts.
-
Starting at the Start: Integrating Race and Reflection for an Antiracist Approach to Professional Identity Development in the First-Year Curriculum
Monte Mills, Eduardo R.C. Capulong, and Andrew King-Ries
Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum. Chapters will focus on subjects traditionally taught in the first-year curriculum (Civil Procedure, Constitutional Law, Contracts, Legal Writing, Legal Research, Property, Torts) and each chapter will also include a short annotated bibliography curated by a law librarian. With submissions from over 40 scholars, the collection is the first of its kind to offer reflections, advice, and specific instruction on how to integrate issues of diversity and inclusions into first-year doctrinal courses.
-
COVID-19 Employee Health Checks, Remote Work, and Disability Law
Elizabeth Pendo
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities, about 61 million individuals in the U.S. (Okoro et al. 2018). The law’s protections in the workplace are especially important during COVID-19, which has worsened pre-existing disparities experienced by people with disabilities (Bureau of Labor Statistics 2020b; Brucker et al. 2015). The ADA also applies to new strategies to reduce the risk of COVID-19 infection in the workplace. This Chapter will focus on two strategies that impact individuals with and without disabilities – employee health screening, testing and vaccination policies, and new or expanded remote work programs.
-
Protecting the Rights and Wellbeing of People with Disabilities during the COVID-19 Pandemic
Elizabeth Pendo
The COVID-19 pandemic has exposed and exacerbated significant inequities experienced by people with disabilities. It has also emphasized the value of legal protections against discrimination based on disability. The Americans with Disabilities Act was enacted 30 years ago to eliminate discrimination against people with disabilities and ensure equal opportunity across major areas of American life (ADA, 2008). Together with an earlier law, the Rehabilitation Act of 1973 (Rehabilitation Act, 2012), this landmark civil rights law impacts a broad range of issues raised by the COVID-19 pandemic and protects a large and growing number of Americans. This Chapter focuses on application of these laws to health care and employment during the pandemic. These laws are powerful tools to protect the rights and well-being of people with disabilities, but they require robust enforcement. Enforcing agencies have provided COVID-19- specific guidance on the application of the laws to health care and employment. Further action is needed, as unresolved legal questions, gaps in protections, lack of knowledge of and noncompliance with disability rights laws, and a lack of data limit the impact of these laws. Recommendations for policymakers to ensure COVID-19 responses respects the rights and wellbeing of people with disabilities include: robust enforcement of the laws; clear and current agency guidance on how to comply with the laws; education about the requirements of the laws, especially in health care settings; and improved data collection and reporting.
-
Protecting the Rights of People with Disabilities
Elizabeth Pendo
One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of underserved racial and ethnic groups with disabilities experience greater disparities in health status and access to health care (Yee, et. al, 2016). These longstanding inequities are compounded by the COVID-19 pandemic and by governmental and private responses that discriminate on the basis of disability. Legal protections of people with disabilities are governed by two key federal laws: the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act (“Section 504” or “Rehabilitation Act”). Together, these laws ensure that people with disabilities have equal opportunities in employment, in state and local services and programs, and to goods and services. The broad reach of these laws impact a host of issues raised by the COVID-19 pandemic. Enforcing agencies have provided COVID-19-specific guidance on the application of the laws in health care and in employment. However, gaps in protections as well as widespread lack of knowledge of and noncompliance with the ADA and the Rehabilitation Act limit their impact. Recommendations include: continued enforcement of the laws; clear and current agency guidance on how to comply with the laws; education about the requirements of the laws, especially in health care settings; and improved data collection and reporting.
-
Climate Migration
Lauren E. Sancken and Maxine Burkett
Climate change disproportionately impacts vulnerable communities. For some of the most vulnerable, these impacts have and will continue to force them to move within and across borders, challenging international law to provide a coordinated and just means for migration. This chapter explores the phenomenon of ‘climate-induced migration,’ identifies the sociological and legal uncertainties that surround it, and suggests areas of further research to respond appropriately to the emerging crisis.
-
Decision Making
Julia Nolte, David M. N. Garavito, and Valerie F. Reyna
Choice is ubiquitous, from small decisions such as whether to bring an umbrella to life-changing choices such as whether to get married. Making good decisions is a lifelong challenge. Psychologists have long been fascinated by the mechanisms that underlie human decision making. Why do different people make different decisions when offered the same choices? What are common decision making errors? Which choice option is the “best” and why? These questions are addressed in this chapter.
We first outline models and theories of decision making, defining key concepts and terms. We then describe the psychological processes of decision makers and how these approaches can sometimes lead to systematic biases and fallacies. We touch on the related subject of judgment because of the close relationship with decision making in the literature.
-
The Promise of Global Digital Trade Facilitation Platforms
Jane K. Winn
With efforts for further substantive liberalization of trade showing little signs of success, focus has shifted to the rationalization and simplification of procedural regulations in international trade. The Agreement on the Trade Facilitation in Goods came into force in 2017, and proposals for similar agreements for trade in services and foreign investment have been submitted and are under discussion. This book discusses both existing and proposed provisions on trade facilitation within the World Trade Organisation (WTO). It covers relevant General Agreement on Tariffs and Trade (GATT) provisions and jurisprudence, the negotiating history of the Trade Facilitation Agreement in Goods, provisions of the WTO Trade Facilitation Agreement and their relevance for developing countries’ concerns, with special emphasis on India, and the prospects for a global digital trade facilitation platform. The book also discusses the desirability for trade facilitation agreements for services and investment and the possibility of success of the proposals submitted in this regard in the WTO.
-
Fuzzy-Trace Theory
David M. N. Garavito, Rebecca B. Weldon, and Valerie F. Reyna
In psychology and economics, scholars are increasingly combining behavioral and neuroscientific techniques to understand judgment and decision-making. In the following, we describe a major framework that takes this approach: fuzzy-trace theory. Fuzzy-trace theory (FTT) is a theory of judgment, decision-making, and memory and their development across the lifespan. To begin, we define some basic conceptual components of judgment and decision-making that explain economic behavior, including perceptions of probabilities and outcomes (i.e., payoffs or rewards). In this connection, we also briefly describe the evolution of ideas in behavioral economics and neuroeconomics from the perspective of FTT. We then focus on risk preferences and risky decisions, reviewing the theory's explanations for such phenomena as (a) risky choice framing effects (that risk preferences shift depending on whether choices are described as gains or losses); (b) variations on framing effects (e.g., what are called "truncation" effects because pieces of information are systematically deleted from gambles to test alternative theories); (c) time preferences and delay gratification, including truncation effects also known as hidden-zero effects; and (d) individual and developmental differences among people, such as differences in age and expertise, sensation seeking (the desire for thrills or excitement usually associated with rewards), and numeracy (the ability to understand and use numbers). In each of these sections, we describe both behavioral and brain evidence that illuminates economic behavior. We conclude by summarizing the main tenets of FTT, how it differs from such approaches as prospect theory, and future directions for research on judgments, decisions, and neuroeconomics.
-
Risk-Taking
Alisha S. Meschkow, Julia Nolte, David M. N. Garavito, Rebecca K. Helm, Rebecca B. Weldon, and Valerie F. Reyna
A number of factors can influence an individual’s propensity to take risks. In particular, developmental differences in reward sensitivity (attraction to money, food, and other rewards), self-control, and mental representation (the mental picture or interpretation) of choices have each been shown to explain greater susceptibility to risk-taking. Developmental differences refer to how people change with age from infancy to old age. This entry will explain how understanding each of these factors (and developmental trends in each of them) can help to explain changes in risk-taking that occur across the life span. This entry first defines key terms relating to risk-taking and then goes on to describe developmental trends in risk-taking and how these trends are explained by the leading psychological theories of risk-taking.
-
The Fuzzy-Trace Dual Process Model
Valerie E. Reyna, Shahin Rahimi-Gokhandan, David M. N. Garavito, and Rebecca K. Helm
In this chapter, we provide an overview of the basic tenets and empirical findings that are relevant to fuzzy-trace theory (FTT). FTT is part of a movement that involves rethinking the traditional dual process model that distinguishes intuition from deliberation, conserving its strengths but moving beyond it. Our framework allows reasoning, judgment, and decision-making to be understood in a new way that makes meaning central to cognition and places intuition—defined as meaningful gist-based thinking—at the apex of advanced cognition. However, the theory is not just a framework for new thinking. Rather, FTT encompasses findings generated from multiple perspectives, with the aim of bringing them together in a parsimonious and predictive theory. First, we discuss the assumptions of the theory, followed by critical tests of predictions and key differences from alternative approaches. (PsycInfo Database Record (c) 2022 APA, all rights reserved)
-
Rights of Incarcerated Parents
Angélica Cházaro
This chapter discusses the childcare and custody rights of incarcerated parents. According to the U.S. Department of Justice, an estimated 809,800 state and federal prisoners were parents to children under the age of eighteen in 2007. There are approximately 1,706,600 children under the age of eighteen who have a parent in prison.
As a parent in prison, you may fear that your child will not be cared for, that you will lose your child, or that your relationship with your child will suffer while you are incarcerated. This Chapter focuses on New York state law and describes how the law provides parents in prison with various tools to prevent these things from happening.
-
A Fuzzy-Trace Theory of Risk and Time Preferences in Decision Making: Integrating Cognition and Motivation
Shahin Rahimi-Golkhandan, David M. N. Garavito, Bertrand B. Reyna-Brainerd, and Valerie F. Reyna
We provide an overview of fuzzy-trace theory (FTT) and its implications for risk and time preferences, drawing on evidence from behavioral economics, psychology, and neuroscience. FTT’s central construct is mental representation, specifically verbatim (literal surface form) and gist (bottom-line meaning) representations. The differences between these types of representation determine risk and time preferences, in combination with social values as well as developmental and individual differences. In particular, sensitivity to rewards and inhibitory control vary across the life span and across people, but impulsivity and risk taking can be modified by applying principles of FTT. We discuss the origins of FTT in prospect theory and distinguish risk preference, impulsivity versus intuition, temporal discounting (i.e., delay discounting), and delay of gratification, as well as FTT’s approach compared to standard dual-process models of judgment and decision making. As we discuss, there are parallels in FTT’s explanations of people’s willingness to tolerate risk as well as their willingness to wait for future rewards. FTT predicts theoretically crucial effects, such as increasing cognitive biases from childhood to adulthood, greater “rational” analysis among adolescents compared to adults, elimination of gain–loss biases through truncation of zero parts of gambles in risky choice framing, and hidden-zero effects in temporal discounting. We conclude that FTT yields qualitatively different interpretations of risk preference and time preference compared to other theories and that it offers new approaches to understanding and improving problem behaviors.
-
Hidden from View: Disability, Segregation and Work
Elizabeth Pendo
A central goal of the disability rights movement is to enable people with disabilities to fully participate in society and to live complete, independent, and engaged lives. Employment is considered central to this vision and has long been intertwined with ideas of equality and citizenship in the disability rights movement. However, too often people with disabilities are unseen, unwelcome, or simply not present in the traditional workplace.
The employment provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101) (ADA) were intended to bring working-age people with disabilities into the workplace by providing options for them to seek and gain meaningful, integrated employment. Although the ADA has made significant gains, the rate of progress in employment has been disappointing. For example, in 2012, only 32.7 percent of working-age adults with disabilities were employed, as compared with 73.6 percent of working-age adults without disabilities who were (Institute on Disability 2013). While the lack of progress of people with disabilities in the traditional workplace has received attention, the work done by many, especially those with severe disabilities in segregated workplaces, remains hidden in sheltered workshops.
Sheltered workshops are commonly defined as supervised, segregated workplaces for disabled adults and primarily for adults with intellectual and developmental disabilities. According to a 2001 report by the U.S. General Accounting Office, more than 400,000 people with disabilities are working in sheltered workshops across the country (GAO 2001). The work activities in sheltered workshops typically consist of simple assembly processes performed by hand. Examples include assembling small parts, hand-packaging items, packing or unpacking items, folding, sorting, and collating (pp. 10–12). Sheltered workshops are relatively small settings, each employing an average of eighty-six workers with disabilities, and primarily populated by people with disabilities (p. 10). Sheltered workshops may also include support services such as close supervision, job coaching, and life skills training (p. 13). Sheltered workshops are often characterized as job training programs, but many of them function as long-term and isolating alternatives to competitive employment. Although the invisibility of people with disabilities because of these sheltered workshops may appear to be a dramatic example, it shares similarities with other ways in which such individuals are unseen or simply not present in the traditional workplace. Indeed, there are several gaps or areas of conflict in ADA implementation that operate to obscure, exclude, or divert workers with disabilities from the traditional workplace.
This chapter explores the intersection of the concepts of disability, invisibility, and work and identifies the ways in which different and conflicting social and legal constructions of disability perpetuate the segregation and invisibility of people with disabilities in the workplace.
-
The Gist is Sophisticated Yet Simple: Fuzzy-Trace Theory’s Developmental Approach to Individual Differences in Judgment and Decision Making
Rebecca B. Weldon, Jonathan C. Corbin, David M. N. Garavito, and Valerie F. Reyna
In this chapter, we review fuzzy-trace theory (FTT), a theory of reasoning and decision-making that differs from traditional models and posits that reliance on bottom-line gist processing is the basis for advanced cognition (Reyna, 2012). We discuss gist and verbatim, two distinct forms of mental representation that are encoded and retrieved independently and in parallel. Gist and verbatim representations exist on a hierarchy, from the most general, “fuzziest” representation to the most specific, detailed type of representation. We address individual differences in processing preference. FTT accounts for developmental differences in judgment and decision-making by explaining that both types of processing (bottom-line gist and precise verbatim) improve with age, but that ultimately adults rely mainly on gist processing to make decisions.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.