9150 research outputs found
Sort by
Unpuzzling Complete Preemption: Beneficial National Bank v. Anderson After Two Decades in the Circuit Courts
Get PDFBeneficial National Bank v. Anderson, 539 U.S. 1 (2003), established the modern complete preemption doctrine—a method of finding removal jurisdiction by way of federal defense. The decision was met immediately with a great degree of confusion and critique by scholars concerned with the doctrine’s theoretical foundation (or lack thereof) and the potential disarray in its prospective execution by lower courts.
This twenty-year retrospective tackles whether clarity has emerged in the lower courts. By analyzing all 164 circuit court cases citing to Beneficial National Bank, I find minimal moments of disagreement between circuits as to application of the doctrine. Courts have overwhelmingly declined to expand the doctrine, with growth in only three key areas: the Copyright Act, the Carmack Amendment, and the Interstate Commerce Commission Termination Act. Thus, on complete preemption, academic concerns did not come to fruition. Instead, circuit courts worked in concert and with restraint to produce stability.
These findings suggest that Supreme Court decisions involving doctrinal growth with unclear implementation may warrant less skepticism. In such instances, the Court is not merely foisting a mess upon the lower courts. Rather, it is deputizing circuit courts to use judicial reasoning to construct a sensible way forward. This Essay suggests the Supreme Court’s confidence in the circuits is well placed and posits a doctrinal-growth cycle of short-term instability preceding circuit-court development of a more-coherent whole
Validity of the Emotional Attachment Zones Evaluation (EA-Z): Assessing Attachment Style Across a Developmental Spectrum
Get PDFSensitive, consistent caregiving and a secure attachment style are important to healthy child development. However, the lack of continuity in measures from infancy into adulthood limits conclusions regarding the stability of attachment styles across the lifespan. A new measure, the Emotional Attachment Zones Evaluation (EA-Z), derived from the Emotional Availability Scales (Biringen, 2008; Biringen, Robinson, & Emde, 1998), offers a tool to assess attachment style across a broad developmental spectrum. In order to validate this measure as an attachment style measure, we used three studies to compare the EA-Z to empirically validated attachment tools. In study 1, we compared the EA-Z to the Strange Situation Procedure. There was moderate concordance between these two measures for both mother and infant. In study 2, we compared the EA-Z to the Attachment Q-Sort in an infant/toddler childcare setting. Child EA-Z scores related to child attachment security, whereas teacher EA-Z scores did not relate to child attachment security. Finally, in study 3, we compared the EA-Z to the mother’s Adult Attachment Interview. Results indicated moderate concordance between these measures, both for the adult mother and the preschool child. All three of these studies offer promising evidence for the validity of the EA-Z as an attachment tool, as well as future directions for research and practice using the EA System
Cumulative Experience of Educational Assets from Preschool through First Grade and the Social-emotional Well-being of English- and Spanish-Speaking Children
Get PDFChildren’s social and emotional experiences influence brain development and are therefore central to outcomes of behavior, learning, and health. The current study examined associations between children’s cumulative educational assets in the early grades and end of first grade social-emotional outcomes for children from English- and Spanish-speaking families. Data were drawn from a sample of preschool-aged children (N = 1,132) from low-income families in a large, culturally, and linguistically diverse sample followed annually from pre-kindergarten through first grade. A multi-method, multi-informant approach was used to assess predictor and outcome variables. Results indicate overall that cumulative experiences of educational assets (teacher-student interaction and relationships, parent-teacher communication) were associated with indicators of children’s social-emotional well-being and matter in similar ways for children from English- and Spanish-speaking families. However, we did find some evidence of significant interactions of Spanish as a home language with cumulative educational assets on children’s conduct problems and feelings about peers
Bans, bans, and more bans: An exploration of the rise in book banning and censorship in the united states from 2021-2022.
No full textLabor and publishing: Duke university press and harper collins and the future of worker\u27s rights in publishing.
No full textParent Psychological Distress and Behavior in Relation to Child Temperament During COVID-19
No full textParenting is a difficult task that is influenced by internal and external factors. The COVID-19 pandemic presented new challenges to the parenting role, including health concerns, economic strain, and the added stressors of caregiving. This study examines the interplay between parent psychological distress, parenting behavior, and child temperament (i.e., negative affectivity, surgency, and effortful control) in the COVID-19 context. In the fall of 2020, the researchers disseminated an online Qualtrics questionnaire to parents (n = 572), 18–67 years old, of children, 13–47 months old, in the United States. Results show that parenting behaviors and parent psychological distress were related during this time period, within this sample. Parents with higher psychological distress placed less importance on positive parenting behaviors. More specifically, parents with higher anxiety placed less importance on general welfare and protection, responsivity, and sensitivity. Parenting behaviors also related to child temperament. Parents who placed more importance on positive parenting endorsed having children with higher effortful control and surgency. Parents who placed less importance on positive parenting reported having children with higher negative affectivity. The relationships between parent psychological distress and child temperament suggest that parents with higher psychological distress report having children with higher negative affectivity and surgency. Parents with lower psychological distress report having children with higher effortful control. COVID-19 impact moderated the relationship between parent psychological distress and child effortful control, with higher COVID-19 impact lessening this relationship. These findings can inform preventive and interventive actions in future pandemics and/or analogous calamities directly impacting child and family experiences. For example, this research may inform more personalized interventions based on parents’ perception of their child’s temperament. This may lead to more focus on the parent, the child, or the dyad in the clinical setting depending on the interplay of factors specific to that particular dyad
“What’s in a Name?” Impact of Mispronunciation
No full textName mispronunciation is a hurtful experience many non-western individuals frequently face in their everyday lives in the United States. The research in this area is very limited with no clinical implications explored. However, research does suggests that names are important to identity and sense of self. Names also influence many aspects of people’s lives, including how they are perceived, what personality traits they have, their physicality, and even occupations they will choose for themselves. Individuals may also be discriminated against based on their names and lose out on financial, political and social opportunities and growth. Research also suggests that individuals with consolidated identity, or stronger sense of self, are better able to feel confident and defend against slights on their identity. Based on this information, the current study aims to examine if name mispronunciation has negative impacts on the mental health of individuals. It also aims to understand if correcting the mispronunciations can moderate the relationship between the frequent experience of mispronunciation and poor mental health outcomes. Finally, the study will examine if those with consolidated identity are more likely to correct. A sample of 110 adults, who were in majority, white females, were given an online survey that included measures of anxiety, depression, identity, everyday discrimination, and questions about their experiences with mispronunciation and correcting mispronunciation. Unfortunately, there were no significant findings in analysis in relation to these variables and contrary to hypothesis, the experience of mispronunciation did not lead to increased anxiety and depression, correcting mispronunciations was not a moderator for this relationship, and individuals with more consolidated identity were not more likely to correct. The lack of findings are likely due to the sample that was used for analysis. These individuals reported very infrequent experiences of mispronunciation as well as correction. The sample also included mainly white women who experience much less discrimination compared to other groups, particularly women of color which may also influence how they react and process mispronunciations. Future research would benefit from examining a larger, more diverse sample, specifically immigrants of color, to determine how demographic factors influence how folks are impacted by mispronunciation. Despite the lack of findings, it is still clear that names are important and there is benefit to exerting effort in getting them right. Specifically for clinicians, this will be beneficial for individuals they work with and fostering a good therapeutic relationship
Becoming a Mental Health Counselor, Permanently or Temporarily: Examining Potential Barriers for International Students Enrolled in Mental Health Counseling Master’s Program
No full textThe United States is a leading destination for international students due to its renowned education quality, diversity, and global employment opportunities (Batalova & Israel, 2021). The enrollment of international students, particularly in mental health counseling master\u27s programs, has been steadily rising (Lertora & Croffie, 2020). Despite this growth, the unique needs and expectations of international counseling students, who contribute significantly to the field, remain underexplored (Qi et al., 2019). This dissertation aimed to investigate the lived experiences of international students in the U.S. with marginalized identities enrolled in a Mental Health Counseling Master’s program, employing a transcendental phenomenological qualitative approach. Through in-depth 60-90-minute semi-structured interviews with 10 participants representing diverse races, ethnicities, religions, and cultures, the study identified three overarching themes: 1) Getting into Counseling, 2) Present MHC Experience, and 3) Reflection and Future Prospects. The research addressed two central questions: 1) What are the lived experiences of international students in the U.S. Mental Health Counseling Master\u27s program? and 1a) What challenges and needs may supervisors and counselor educators be unaware of when working with this population
Press Release Pace University to Kick-Off Social Justice Week on October 29
No full textA week of over 30 events honors DJ Henry’s legacy and focuses on racial justice, activism, and community engagement across Pace’s campuses.
The original article, with photos, can be viewed here
Exploring Democratic Accountability in the Administrative State
Get PDFThis essay seeks to add to the ongoing effort of defining accountability in practical terms by presenting an inconspicuous but directly on-point case study about administrative accountability. This is the story of the United States Department of Agriculture farmer committee system, which seems to be the one and only experiment in federal administrative elections. The experiment, however, has been a failure both as a matter of practical policy and constitutional validity. Indeed, in advance of legislative debate on the 2023 Farm Bill, a USDA advisory committee publicly recommended that Congress abolish the committee system. Nevertheless, there is much to learn about the meaning of accountability from these failures, and the lesson, in short, is this: Majoritarianism alone is neither a constitutionally sound form of accountability nor an effective model for good governance. Regardless of whether we call it accountability, legitimacy, democracy, or simply good governance, only when majoritarianism pairs with other tools for meaningful public engagement and oversight--individualism, reason giving, and deliberation--does the administrative state achieve “democratic accountability.”
The next section of this essay describes the history, purpose, and powers of the USDA farmer committees in more detail. Section III will explain the legal and policy failures of this experiment in using direct elections to bring accountability to the administrative state. Section IV present solutions to these failings. Section V will conclude by further exploring democratic accountability in light of the constitutional problems with and solutions to electoral administration