Social and Behavioral Sciences Commons^™

Designing Plea Bargaining From The Ground Up: Accuracy And Fairness Without Trials As Backstops, Stephanos Bibas

All Faculty Scholarship

American criminal procedure developed on the assumption that grand juries and petit jury trials were the ultimate safeguards of fair procedures and accurate outcomes. But now that plea bargaining has all but supplanted juries, we need to think through what safeguards our plea-bargaining system should be built around. This Symposium Article sketches out principles for redesigning our plea-bargaining system from the ground up around safeguards. Part I explores the causes of factual, moral, and legal inaccuracies in guilty pleas. To prevent and remedy these inaccuracies, it proposes a combination of quasi-inquisitorial safeguards, more vigorous criminal defense, and better normative evaluation …

Everything’S Bigger In Texas: Except The Medmal Settlements, Tom Baker, Eric Helland, Jonathan Klick

All Faculty Scholarship

Recent work using Texas closed claim data finds that physicians are rarely required to use personal assets in medical malpractice settlements even when plaintiffs secure judgments above the physician's insurance limits. In equilibrium, this should lead physicians to purchase less insurance. Qualitative research on the behavior of plaintiffs suggests that there is a norm under which plaintiffs agree not to pursue personal assets as long as defendants are not grossly underinsured. This norm operates as a soft constraint on physicians. All other things equal, while physicians want to lower their coverage, they do not want to violate the norm and …

Presidential Signing Statements: A New Perspective, Christopher S. Yoo

All Faculty Scholarship

This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I will analyze signing statements raising constitutional objections and those offering interpretive guidance for ambiguous provisions separately. With respect to constitutional interpretation of statutes by the executive branch, Presidents have long asserted the authority and obligation to consider constitutionality when executing statutes. The widespread acceptance of the President’s power to construe statutes to avoid constitutional problems and to refuse to defend the constitutionality of or to enforce statutes in appropriate cases confirms the propriety of this conclusion. If these fairly uncontroversial …

Telecommunications: Competition Policy In The Telecommunications Space, Gene Kimmelman, Maureen K. Ohlhausen, Michael O’Rielly, Christopher S. Yoo, Stephen F. Williams

All Faculty Scholarship

In today’s rapidly evolving telecommunications landscape, the development of new technologies and distribution platforms are driving innovation and growth at a breakneck speed across the Internet ecosystem. Broadband connectivity is increasingly important to our civil discourse, our economy, and our future. What is the proper role of government in facilitating robust investment and competition in this critical sector? When technology companies constantly have to reinvent themselves and adapt to survive – what role should government play? This panel of experts at the Federalist Society’s 2014 National Lawyers Convention discussed the current regulatory environment and how government policies – particularly regarding …

Ua1f Wku Extended Campuses Bibliography, Wku Archives

WKU Archives Records

Bibliography of sources regarding WKU's extended campuses in Glasgow, Owensboro and Elizabethtown.

Ex Libris Representative Presentation, Grant Johnson

Ex Libris Bluegrass Users Group Newsletter

Links referenced in Grant Johnson's presentation, Ex Libris representative presentation at eBUG 2016

A Beginner’S Experience With Design Analytics, Jason Griffith

Ex Libris Bluegrass Users Group Newsletter

A Beginner’s Experience With Design Analytics, a presentation given at eBUG 2016 by Jason Griffith, Morehead State University

2016 Ebug Business Meeting Agenda, Julene L. Jones

Ex Libris Bluegrass Users Group Newsletter

2016 eBUG Business Meeting Agenda

Waste Reduction At Western Kentucky University, Elizabeth Mcgrew

Faculty/Staff Personal Papers

Handout created to show the single stream recycling trend at Western Kentucky University between 2012 and 2015.

2016 Abstracts Student Research Conference, Student Research Conference

Student Research Conference Select Presentations

No abstract provided.

Tiny Treasures: Miniature Books (Opening Reception Talk), Department Of Library Special Collections

Opening Reception Talk

No abstract provided.

Georgia Library Association - Academic Library Division Call For Papers, Sofia A. Slutskaya

Georgia Library Quarterly

No abstract provided.

News - Chattahoochee Technical College, Leigh Hall

Georgia Library Quarterly

No abstract provided.

Health And Taxes: Hospitals, Community Health And The Irs, Mary Crossley

Articles

The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then to develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption, and the CHNA requirement has the potential both to prompt a radical change in hospitals’ relationship to their communities and to enlist hospitals as meaningful contributors to community …

Search, Explore, Connect: Using Ohms To Enhance Access To Oral History, Douglas A. Boyd

Library Faculty and Staff Publications

No abstract provided.

Socioeconomic Status And Parenting Priorities: Child Independence And Obedience Around The World, Heejung Park, Anna S. Lau

Psychology Faculty Research and Scholarship

This study investigated the extent to which national and personal socioeconomic status shapes national norms and parenting priorities concerning child socialization. Data came from European Values Survey, World Values Survey, and World Bank Data Catalog, resulting in 227,431 parents from 90 nations across fives study waves (1981-2008). At nation-level, child independence was more popular in nations with greater wealth and higher percentage of educated populations; obedience was more popular in nations with less wealth and lower percentages of educated and urban populations. At person-level, personal socioeconomic status rather than national socioeconomic characteristics predicted individual parents’ prioritization of child independence and …

The Relationship Between Cumulative Unfair Treatment And Intima Media Thickness And Adventitial Diameter: The Moderating Role Of Race In The Study Of Women’S Health Across The Nation, Laurel M. Peterson, Karen A. Matthews, Carol A. Derby, Joyce T. Bromberger, Rebecca C. Thurston

Psychology Faculty Research and Scholarship

Objective: Unfair treatment may have a detrimental effect on cardiovascular health. However, little research on chronic health outcomes employs cumulative measures of unfair treatment. We tested whether cumulative unfair treatment was associated with greater subclinical cardiovascular disease in a diverse sample of African American, Caucasian, Chinese, and Hispanic women. We also examined whether this relationship varied by race. Method: The Study of Women’s Health Across the Nation is a longitudinal study of midlife women. Cumulative unfair treatment was calculated as the average of unfair treatment assessed over 10 years at 6 time points. Subclinical cardiovascular disease, specifically carotid intima media …

Visual Acceleration Perception For Simple And Complex Motion Patterns., Alexandra S Mueller, Brian Timney

Brain and Mind Institute Researchers' Publications

Humans are able to judge whether a target is accelerating in many viewing contexts, but it is an open question how the motion pattern per se affects visual acceleration perception. We measured acceleration and deceleration detection using patterns of random dots with horizontal (simpler) or radial motion (more visually complex). The results suggest that we detect acceleration better when viewing radial optic flow than horizontal translation. However, the direction within each type of pattern has no effect on performance and observers detect acceleration and deceleration similarly within each condition. We conclude that sensitivity to the presence of acceleration is generally …

Spaces Of Solidarity: Negotiations Of Difference And Whiteness Among Activists In The Arizona/Sonora Borderlands, Carrie Mott

Theses and Dissertations--Geography

Interpersonal conflict poses a serious threat to social justice activism. In the context of multi-racial solidarity activism in southern Arizona, conflicts are often born of the challenges accompanying differentials in social privilege due to differences in race and ethnicity relative to white supremacist settler colonialism. We can see these tensions topologically through the very different relationships white, Latin@, Chican@, and indigenous activists have to on-going processes of white supremacy. This dissertation explores the factors contributing to successes and failures of multi-racial activist ventures in the context of the Arizona/Sonora borderlands, particularly the challenges of negotiating social difference among communities of …

The Working Lives And Spatial Practice Of Digital Media Developers In San Francisco, Daniel G. Cockayne

Theses and Dissertations--Geography

In this dissertation I examine work practices in the 21st Century, looking in particular at how categories such as labor and value are changing in the context of technological shifts and the valorization of entrepreneurial work. I take the example of digital media workers in San Francisco to show how work is changing in relation to correlative changes in the capitalist mode of production and the devaluation of labor under neoliberal models of reason. This approach interrogates how attachments toward work are produced and reproduced to ask why work has become such a naturalized and unquestionable category in everyday life. …

Chaos Theory And Emergent Behavior: How Ephemeral Organizations Function As Strange Attractors Through Information Communication Technologies, Morgan C. Getchell

Theses and Dissertations--Communication

Chaos theory holds that systems act in unpredictable nonlinear ways and that their behavior can only be observed, never predicted. This is an informative model for an organization in crisis. The West Virginia water contamination crisis, which began on January 9, 2014, fits the criteria of a system in chaos. Given the lack of appropriate response from the established organizations involved, many emergent organizations formed to help fill unmet informational and physical needs of the affected population. Crisis researchers have observed these ephemeral organizations for decades, but the recent proliferation of information communication technologies (ICT’s) have made their activities more …

Do Black Lives Matter In American Mainstream News Media? Two Case Studies Of Police-Involved Shootings Of Black Men Explaining A Racist Media Environment, Alfred J. Cotton Iii

Theses and Dissertations--Communication

This dissertation examines two cases of fatal police-involved shootings of Black men in order to expose the power structures perpetuated through racist media narratives assuming the officers’ behavior was justified and the unarmed men the officers killed somehow were complicit in their death. In reporting on police-involved shootings, mainstream media practices that privilege elites and officials as primary sources of information may produce a dominant media narrative that masks the marginalization and mistreatment of minorities at the hands of these officials and their institutions. The two cases under consideration here examine the “floating signifier” of race in media coverage of …

Farmed And Wild-Caught Shrimp In Kentucky And South Carolina: Consumer Preference For Homegrown By Heroes, Community Supported Fishery, And Other Quality Attributes, Graham T. Soley

Theses and Dissertations--Agricultural Economics

As information regarding origin, production method, and environmental certifications characterize a progressing seafood market, scare analysis has been made to understand market responses. This study focuses on consumer preference for wild-caught and farm-raised shrimp with several attributes. These include the Homegrown By Heroes label and Best Aquaculture Practices certification, as well as other existing attributes including the Marine Stewardship Council and each state’s local label. Also considered are hypothetical labels including Community Supported Fishery (CSF) and National Oceanic & Atmospheric Administration (NOAA). This study surveys consumers in Kentucky and South Carolina while utilizing a choice experiment to elicit willingness-to-pay measures …

Income And Physical Activity Choices: A Comparison Between United States And China, Xiaowen Hu

Theses and Dissertations--Agricultural Economics

The low income population often appears to make poor health choices, including physical activity deficiency. Since outdoor physical activity does not have to be monetarily costly, one explanation for this phenomenon is related to the idea of time preference. Briefly, the benefit of future good health appears to be valued less by those with low income, and they face a choice between consumption today and better health in the future. The objective of this study is to further investigate the determinants of participation in physical activity with an emphasis on the effect of annual household income. This dissertation consists of …

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …

Criminal Labor Law, Benjamin Levin

Scholarship@WashULaw

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …

The Power Of Encouragement: The Role Of Christian Academic Librarians In Supporting The Whole Student, Earleen J. Warner

Librarian Publications and Presentations

Christian librarians are exhorted to consider the role of providing encouragement, care, and emotional and spiritual support to college students. Caring for the whole student can have a positive impact on college student success and retention, as well as have a transformational effect on students’ spiritual lives. By treating college students as whole persons created in the image of God, Christian academic librarians can not only help these students succeed by meeting their academic needs, but also help students thrive by supporting them emotionally and spiritually.

The Business Of Treaties, Melinda (M.J.) Durkee

Scholarship@WashULaw

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state- centric presumptions that render its response to business ad hoc and unprincipled.

This Article makes three principal contributions. First, it draws from case studies to demonstrate the significance of business participation in treaty production. The descriptive account invites a shift from attention to traditional lobbying at the domestic level and private standard-setting at the transnational level to the ways business entities have become autonomous international actors, using a panoply of means to transform their preferred policies …

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

The Atlantic Divide On Privacy And Speech, Neil M. Richards, Kirsty Hughes

Scholarship@WashULaw

When does a right to privacy become a right of censorship? Conversely when does freedom of speech become a carte blanche to violate the dignity and autonomy of others? Discussions of privacy throughout the world frequently boil down to these questions. Despite the parallel relationships between privacy and speech in the United Kingdom and America, and despite their shared legal heritage, the two legal systems have struck the balance in radically different ways. In the United States, decisions balancing privacy and the First Amendment have invariably favoured the free speech interest, at least where a press defendant published lawfully-obtained “newsworthy” …