Social and Behavioral Sciences Commons^™

Doj Withdraws Healthcare Antitrust Protections, Lance Plunkett Jd, Llm

The New York State Dental Journal

DOJ has withdrawn longstanding antitrust guidance that provided safe harbors for specific conduct in the healthcare marketplace.

N Y State Dent J April 2023

The New York State Dental Journal

In the April 2023 issue, the reader will find the following feature articles:

• A Dentist's Role in the Delivery of Culturally Competent Oral Health Care to Transgender Patients
• Oral Health Considerations for Aging Patients Living with HIV/AIDS
• An Osteoma Embedding an Ectopic Wisdom Tooth within the Maxillary Sinus A Rare Occurrence

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Running For Political Office: These Dentists Did . . . How About You? Insights From Two Dentist-Legislators, W. Erick Rupprecht Dds, Lynn Aronoff

The Journal of the Michigan Dental Association

The Michigan Dental Association encourages members to seek political office. Why? Having a member dentist hold an elected office improves the profession's visibility and builds relationships with other elected officials and community leaders who can support dentistry's goals. A dentist-legislator becomes a resource with their legislative colleagues when they debate health policy, regulations, and business initiatives. Having member dentists on the inside provides receptive ears when the Association advocates for the profession's needs and priorities.

To give insight into what public service by a dentist looks like, the Journal interviewed two colleagues who have made that commitment, State Representative Steven …

Michigan Supreme Court Records And Briefs: New Access To A Historical Resource, Virginia Thomas

Library Scholarly Publications

The author describes a successful 3-year collaboration among publishers, academic law libraries and, of course, the Michigan Supreme Court, that resulted in digitizing Michigan Supreme Court records and briefs from 1850 through 2011 and making these items accessible online.

The Effects Of Variations Of Victim Impact Statements On Juror Bias, Emily Sutton

Electronic Theses and Dissertations

Victim impact statements (VIS) are federally protected statements describing the physical, emotional, and financial impact of a crime on a victim. States can decide the content and timing of the VIS, resulting in much variation. Previous research has found an effect of these variations on mock juror bias in capital trials. The current study examined if variations such as changing the strength of emotion, crime type, and including sentencing recommendation within a VIS affects the judgements of mock jurors. The results showed the sexual assault VIS produced higher guilt ratings and longer sentences. Furthermore, the inclusion of a high sentencing …

When The Victim Is Male: An Organizational Approach To Combat Gender Bias Within The Criminal Justice System, Shelby Hobbs

Senior Capstone Papers

The National Intimate Partner and Sexual Violence Survey estimates that over 226.1 million people have been victims of domestic violence (DV) throughout their lifetimes. This violence can present itself in physical abuse or emotional turmoil, all with the ultimate goal of a perpetrator maintaining power over their victim(s). Rates of victimization across men and women are similar—44.2% and 47.3% respectively; however, this is not reflected in the current research and service provisions for victims. For example, male-identifying victims within the criminal justice system have reported their innocence must be proved before their claims of abuse are taken seriously, and that …

Dual Taxation - Unbalanced And Arbitrary, Benjamin M. Simon

American Indian Law Journal

"Dual Taxation" in Indian Country happens when a state assesses taxes on private, non-tribal activities or transactions on tribal land in addition to taxes assessed by a tribe. Some analysts suggest that dual (or double) taxation puts tribal governments and citizens at a disadvantage, but the situation may be more nuanced. While dual taxation has been analyzed in depth from a legal perspective, this paper analyzes its economic consequences. With taxation, the stakes can be high. State tax revenues generated on tribal lands are revenues that tribes forgo collecting, limiting the tribal resources available for economic development and social programs. …

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

Santa Clara Magazine, Volume 64 Number 1 Spring 2023 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

16 - A BRIDGE TO TOMORROW How one university can change the world when it widens the path to opportunity. SCU Staff

22 - THE INTERNET'S LAST TRUE BELIEVER For more than two decades, Law Professor Eric Goldman has been one of the most influential legal voices fighting for the ’net. Chris O’Brien

26 - OPPORTUNITY ON SET Meet five Broncos who scored the opportunity of a lifetime—production assistants on an indie film crew—via Professor Nico Opper. Nicole Calande

28 - SPIRITUAL SOUP With a little bit of this, a dash of that, and a sprinkling of something else, humans …

Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams

Indiana Law Journal

In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …

Confused About Copyright?, Sara Anne Hook

Graduate Scholarship and Professional Work

No abstract provided.

The Future Of Roe And The Gender Pay Gap: An Empirical Assessment, Itay Ravid, Jonathan Zandberg

Indiana Law Journal

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court upheld a Mississippi law that prohibits nearly all abortions after the fifteenth week of pregnancy and overruled the holding in Roe v. Wade. Among the many arguments raised in Dobbs in an attempt to overturn Roe, the State of Mississippi argued that due to “the march of progress” in women’s role in society, abortion rights are no longer necessary for women to participate equally in economic life. It has also been argued that there is no empirical support to the relationship between abortion rights and women’s economic success in society. …

Recessionary Woes: Examining Economic Policies And Their Impact On Student Loan Debt And Housing Stability In The United States, Connor Recck

Senior Theses and Projects

Recessionary periods can seldom be avoided, but our modern public infrastructure has designed mechanisms to respond to these downturns. Economic policy has rapidly changed over the last 50 years, and the types of tools policymakers use have evolved with it. When looking at the Great Recession (2007-2009) and the COVID-19 recession (2020), a federal response structure was vital for the health of the macroeconomy. These recessionary periods serve as case studies for a review of economic policymaking activity in the United States since 2000. To examine the efficacy of the federal government’s fiscal and monetary infrastructure, policies focused on supporting …

How Activist Groups Use Human Rights Rhetoric In The Fight For Reproductive Rights And Abortion: The Cases Of The United States, Germany, And The Netherlands, Esme Ostrowitz-Levine

Senior Theses and Projects

Human rights advocates often argue their primary power is that claiming them and deploying human rights rhetoric adds legitimacy and authority to a cause. Yet our understanding of if, how, and why human rights language is used in the political struggle for equality is incomplete. In this thesis I examine the key question of the use of human rights rhetoric and claiming by activists and governmental actors via the struggle for reproductive rights, especially for access to abortion. Through a comparative case study of the United States, the Netherlands, and Germany, this paper finds that legislative bodies tend to utilize …

The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill

Senior Theses and Projects

The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary

Independent Study Project (ISP) Collection

Since the populist Kaid Said has risen to the office of the presidency in Tunisia, the country has been experiencing its largest threat to its hard-fought democracy since the 2011 Revolution. In this paper, I argue that Tunisian judges have utilized off-bench resistance tactics to protect their own autonomy from executive encroachment. I find that judges’ strikes are the dominant form of off-bench resistance. I explain this by looking at the relationships that judges’ unions maintain with other civil society organizations and unions, particularly the UGTT. I argue that the post-revolutionary environment, the strong union culture in Tunisia, and the …

Enabling A Just Transition: Protecting Human Rights In Renewable Energy Projects: A Briefing For Policymakers, Hansika Agrawal, Laura El-Katiri, Kimathi Muiruri, Sam Szoke-Burke

Columbia Center on Sustainable Investment

This briefing provides guidance to policy- and decision-makers (hereafter, “policymakers”) on the benefits of and strategies for taking a human rights-based approach to renewable energy policy. It highlights the various impacts of utility-scale renewable energy projects on peoples and communities, associated risks for policymakers, and explains how national, regional, and global policies can help mitigate those impacts and risks. The briefing addresses different agents of policy- and decision-making: Host states, where renewable energy projects are proposed or located; Home states where corporations pursuing renewable energy investments, especially investments abroad, are based; Development Finance Institutions (DFIs) financing renewable energy investments, especially …

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …

Existir Y Sobrevivir: El Prejuicio Que Enfrentan Los Inmigrantes Venezolanos En La Quinta Región De Chile., Daisy Alcantar

Independent Study Project (ISP) Collection

This investigation looks at determining the institutional prejudice that Venezuelan immigrants face while being in Chile, specifically in Valparaíso and Viña del Mar. Immigration is not a new concept in Chile but in recent years the great influx of Latin American immigrants, including Venezuelan immigrants, has seen a great backlash from the Chilean government and society. This is largely due to the white and European values that have been integrated into Chilean society. Therefore, driven by colonialist and nationalist views, Venezuelan immigrants are deemed as the “other” and have become criminalized and stigmatized by Chilean society. Ultimately leading the Venezuelan …

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …

Critical Discourse Analysis: Sexual Violence In Maine Department Of Public Safety (Dps) "Crime In Maine" Reports, Emma V. Grous

Honors College

Sexual violence is incredibly prevalent in the state of Maine. These crimes, which disproportionately affect at-risk communities – women, children, people of color, and impoverished persons – are not accurately represented in legal discourses within Maine. Changes to how victims and survivors of sexual violence are represented and discussed in law enforcement reports and other materials are necessary in order to promote social change and justice for the survivors in our communities.

Critical Discourse Analysis has been used broadly since its conception and has even previously been used in understanding political and social implications of discourse in the United States. …

Hunting In Maine, Elizabeth Tibbetts

Honors College

Hunting remains a common practice for many people in the state of Maine. While the stories and traditions held by hunters differ from person to person and family to family. There are commonalities that aid in building the sense of community between hunters in the state of Maine. This hunting community is strengthened through the sharing of stories and the common traditions shared by many. These communities remain strong even as the Maine landscape and hunting legislation changes over time. Here a number of questions regarding hunting are explored through the lens of one family spanning multiple generations through oral …

Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney

Independent Study Project (ISP) Collection

Poland’s geopolitical role has enhanced since Russia’s invasion of Ukraine on February 24, 2022. As such, Poland’s ambitions have increasingly important implications for regional, European, and global security. The paper attempts to address this phenomenon by posing the following research question: how does Poland pursue its interests in the Ukraine War? Employing qualitative methods on data collected from three formal interviews, one virtual interview, one informal interview, four statements from Poland’s leaders, and a variety of secondary sources, the study aims to answer this question modeling Gyula Csurgai’s (2019) geopolitical analysis framework. The research question is addressed in two ways. …

Racial Bias And Death Penalty Cases: A Soar Analysis Of Post-Conviction, Ashley Mcilvaine

Senior Capstone Papers

Racial discrimination is a far-reaching issue that adversely impacts individuals, groups, and communities across multiple domains. It is defined by the Equality and Human Rights Commission as being treated differently because of one’s race. For decades, discriminatory policies have been codified into institutional processes which disadvantage people of color. This is particularly evident in the criminal justice system. Examples of practices that disproportionately impact intentionally marginalized populations include issues of excess force and police brutality, sentencing disparities for minor offenses or drug charges, and state sanctioned capital punishment. While these forms of discrimination are often labeled as explicit and overt …

Disrupting The School-To-Prison Pipeline: The Development Of Strong, Stable Relationships, Mackiah Hoff

Senior Capstone Papers

The “school-to-prison pipeline” is a disturbing national trend where school policies and practices unjustly funnel children—namely children who are Black and Brown and/or have disabilities—into the Juvenile Justice system. Students of color are far more likely to be suspended, expelled, or arrested for the same kind of behavior as their white peers, and youth with disabilities are acutely affected by schools who ignore due process protections. Such students would benefit from extra supports and resources but instead face zero-tolerance policies, exclusionary discipline, and unreasonable difficulties with re-entry into school. The following research presents a review of current literature as it …

Replacing Notorious: Barret, Ginsburg, And Postfeminist Positioning, Calvin R. Coker

Faculty and Staff Scholarship

This essay offers a rhetorical reading of Amy Coney Barrett’s confirmation hearings to make sense of how widespread outrage over replacing the late Ruth Bader Ginsburg with a conservative idealogue was resolved through the invocation of postfeminist motherhood. I argue that GOP Senators and Barrett herself positioned her nomination as the achievement of feminist goals, justified through rhetorics of choice and the idealization of (white) motherhood. These strategies cement Barrett as the logical and defensible successor to both Ginsburg’s seat and her legacy of feminist work. I conclude with the implications of this circulation of postfeminist motherhood, with focus on …

Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey

Senior Honors Theses

This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …

'99-To-1’ Property Deals: Stamp Duty Avoidance Or Honest Mistake, Vincent Ooi

Research Collection Yong Pung How School Of Law

This article explains in detail the legal issues surrounding the recent ABSD audit and how exactly the general anti-avoidance rule and the stamp duty avoidance surcharge in the Stamp Duties Act 1929 can be invoked by the IRAS.The article highlights the fact that it may not be enough for a property buyer to show that the '99-to-1' holding was intended to enable the buyer to qualify for a home loan and not 'for stamp duty avoidance'. The property buyer must be able to answer the additional question of why the transfer of the property is 'staggered' in two stages and …