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Primary Causes and Risk Factors Leading to Nurse Burnout in the Healthcare Field
Get PDFNurse burnout has become a growing issue among hospitals throughout the world. It is a subject that greatly effects both the mental and physical health of current and future nurses going into the field. This study explored the most popular and well-known causes and risk factors of nurse burnout throughout hospitals. Through the use of structured interviews, three participants were chosen with backgrounds in varying specialties. The interviews consisted of ten predetermined questions, with room for the participants to elaborate. Along with the interviews, data was gathered from current, up to date literature on the research topic of nurse burnout. Results were sought through the use of thematic categorizing between the results of the interviews and the data found within the literature. Personality, family life, specialty, and stress were among the most researched and prevalent risk factors found. There was a high congruence between the responses of the interviewees and the literature, with stress and specialty being the predominant risk factors. These results suggest that nurse burnout can be prevented by targeting these specific risk factors and eradicating them. On this basis, the topic of nurse burnout should be further studied so that more action can be taken towards its prevention and resolution
Biodiversity Impacts of Investment and Free Trade Agreements
Get PDFThe following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference multilateral environmental treaties and attempt to provide stronger enforcement mechanisms for those obligations, while others create freestanding obligations between the contracting states and provide for dispute resolution procedures. The final part considers biodiversity as a form of intellectual property and a few of the various trade and investment agreements that regulate it as such. As the Article is not exhaustive of each interaction under every free trade or investment agreement, it is not possible to say empirically herein whether biodiversity is benefited or harmed on balance. But it is clear that over time these agreements are becoming more explicitly aware of their biodiversity impacts, and the contracting parties are striving for more of a balance between biodiversity protection and economic considerations. The Article is intended to provide insight into the wide range of biodiversity considerations that should be taken into account when drafting future free trade and investment agreements, as well as enforcing those currently in place. It is also intended to apprise environmental practitioners of the potential roadblocks and avenues that these agreements create
The Common Law as a Force for Women
Get PDFThis essay introduces a collection of Symposium Essays examining Anita Bernstein\u27s book, The Common Law Inside the Female Body (Cambridge University Press, 2019). Professor Bernstein explores the common law\u27s recognition of both rights and liberties, highlighting in particular negative liberties such as the right to be left undisturbed. The Symposium Essays test and explore Professor Bernstein\u27s thesis as applied to the right to be free from rape and unwanted pregnancies. Grounded in perspectives informed by the study of tort law, legal history, intellectual property, constitutional law, and critical race theory, these Essays--together with Professor Bernstein\u27s book--suggest that the common law has been underutilized as a legal strategy to protect women\u27s rights
Blockchain Wills
Get PDFBlockchain technology has the potential to radically alter the way that people have executed wills for centuries. This Article makes two principal claims--one descriptive and the other normative. Descriptively, this Article suggests that traditional wills formalities have been relaxed to the point that they no longer serve the cautionary, protective, evidentiary, and channeling functions that scholars have used to justify strict compliance with wills formalities. Widespread use of digital technology in everyday communications has led to several notable cases in which individuals have attempted to execute wills electronically. These wills have had a mixed reception. Four states currently recognize electronic wills. The Uniform Law Commission approved a Uniform Electronic Wills Act in July 2019, so it is likely that even more states will permit these documents. This Article identifies some of the weaknesses in existing state statutes and the model law and considers how technology can address those problems.
This Article explores how blockchain, the open-source technology underlying cryptocurrency like Bitcoin, could be harnessed to create a distributed ledger of wills that would maintain a reliable record of a testator\u27s desires for the post-mortem distribution of estate assets. These blockchain instruments easily could qualify as wills under existing substantial compliance doctrine or the Uniform Probate Code\u27s harmless error rule. Blockchain wills would serve the true purpose of wills formalities--which is to authenticate a document as the one executed by the testator with the intention of having it serve as the binding directive for the distribution of her property. By uniting blockchain technology with the innovations of the best aspects of electronic wills legislation, a blockchain will could serve as a reliable, authentic, and secure record of a decedent\u27s last wishes for disposition of her property.
This Article\u27s account has important implications for the legal profession. As financial institutions and governments have moved to develop blockchain-based solutions for the delivery of services, lawyers have lagged behind. In some legal circles, attorneys have become interested in “smart contracts” and the possibility of using blockchain to create a more accurate record of real property deeds. But most lawyers have not yet invested the requisite time and energy needed to understand how blockchain works and to develop systems that would use the technology effectively. By demonstrating how blockchain could make wills cheaper to prepare and less susceptible to tampering, this Article also points to multiple other uses for blockchain in the legal profession, including authentication of chain of ownership, record-keeping, and drafting of all kinds. Even though lawyers have been slow to harness blockchain\u27s potential, the technology holds the promise to transform the practice of law into a form that will be unrecognizable to today\u27s lawyer
Exploring the Influence of Social Interactions on Subjective Vitality: A Daily Diary Study
No full textSelf-determination theory (SDT) is a framework of motivation that is concerned with supporting our innate or intrinsic tendencies to behave in effective and healthy ways (Deci & Ryan, 1985). Rooted from SDT, the construct of subjective vitality is commonly referred to as the state of feeling alive and alert – of having energy available to the self (Ryan & Frederick, 1997). Studies have demonstrated how the construct of vitality has been positively associated with other constructs such as self-determination, mental health, and self-esteem, and negatively associated with intrapsychic distress (Ryan & Frederick, 1997). Although research has shown how there has been some overlap between vitality and similar constructs, it is crucial for this concept to be further evaluated and investigated more independently. This study explores the influence of social interactions on subjective vitality using a daily diary methodology. This study investigates covariation between state vitality and general impact and perceived negativity of daily social interactions. Relationships between state vitality and additional state-related variables such as positive and negative affect are also explored. Participants consisted of 59 undergraduate students at a mid-sized university in the northeast United States who have academically majored in the social sciences (must have been enrolled in at least one psychology-related course). Participants were notified about the research study by their professors relaying research information. Participants received daily diary survey material via email over the course of seven consecutive days. Potential implications regarding expected strengths and limitations of this proposed study are examined in the discussion
Valuing Lived Experience in Academic Spaces
Get PDFAcademic spaces (K–12 or higher education) often place a great value on supposedly evidence-based practices, but this ignores the fact that traditional research doesn’t always reflect the priorities nor the realities of the populations they’re supposedly supporting. This results in the perpetuation of harmful practices that are directly or indirectly caused by racism, ableism, classism, queer- and trans-antagonism, monodialectalism/monolingualism, etc. In everything from accommodations statements to who appears in your syllabi or curricula (and more importantly- who’s notably missing), educators at all levels have a responsibility to listen to people with relevant lived experience, and legitimize that expertise.
This engaging presentation will use examples from the autistic community and the DisCrit framework to walk participants through their own biases and assumptions, and result in action items relevant for a variety of sphere of influences. Particularly relevant for anyone in the education and/or disability space
IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE
Get PDFFor only the third time in the nation’s history, the decade of the 2020s begins with impeachment of a U.S. president. The first three years of the Trump presidency is characterized by: incitement of rampant political and racial polarization; multiple lies to the public on a daily basis from the president and administration; unprecedented cabinet and high level administrative personnel turnover; multiple convictions and sentencing of high level election campaign and administrative officials for crimes sounding in bribery and corruption; an investigation by Robert Mueller into Russian involvement in the 2016 U.S. elections; continuous violations of the Constitutional emoluments clause . . . and the list continues.
Donald Trump’s presidency proves so divisive that talk about his impeachment begins immediately as the Democratic Party reclaims control of the House of representatives following the 2018 mid-term elections. Just a day after the conclusion of the Mueller investigation into Russia’s 2016 election interference, President Trump calls the president of Ukraine and requests an investigation into his political rival Joseph Biden in exchange for release of nearly $400 million of congressional mandated military aid. As yet another Constitutional crisis during the Trump Presidency has come and gone, now is a good time to examine the history and role of impeachment, how it works, the Trump saga, and implications for the future
Judicial Reward Allocation for Asymmetric Secrets
Get PDFTrade secret literature does not thoroughly consider information asymmetries between companies and employees. This Article visualizes the flows of technical information in and between companies and employees and categorizes two types of information asymmetries in the information transactions. The information asymmetries cannot be effectively governed by contracts and trade secret law. Companies employ covenants not to compete (“CNCs”), non-disclosure agreements (“NDAs”), and trade secret protection to shift the legal risks borne by employees from the disclosure risks borne by the companies, both restraining and aggravating the information asymmetries. The contracts and the law cannot increase employee loyalty to eliminate the information asymmetries. The risk shifting is not only costly to the companies, but it also harms innovation by employees and society due to the inevitable information asymmetries. Moreover, courts are inconsistent in enforcing the contracts and trade secret law for promoting innovation and other policy reasons. This Article revisits the literature that concerns the balance and the efficiency of the contracts and trade secret law for innovation. It argues that courts reward companies for training employees and investing in innovation by enforcing trade secrets and CNCs to supplement the ineffective NDAs used by companies. CNCs are less efficient for innovation than trade secret law. Thus, this Article suggests that courts rely on a strong trade secret regime when distributing training and innovation rewards. The strong trade secret regime adopts the inevitable disclosure doctrine and allows a broad scope of trade secret protection, rather than enforcing broad NDAs or CNCs, which are less efficient for innovation than trade secret law. At least, this regime should not impair employee loyalty
What Probate Courts Cite: Lessons from the New York County Surrogate’s Court 2017-2018
Get PDFBy knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation practices and patterns of the Supreme Court of the United States, the United States Courts of Appeals, and multiple state supreme courts. Remarkably little is known about what probate courts cite. This Article makes three principal claims — one empirical, one interpretative, and one normative. This Article demonstrates through data, derived from a study of all decrees and orders issued by the New York County Surrogate’s Court in the years 2017 and 2018, that the probate court located in the most densely populated county in the United States cites fewer authorities less often than almost any other court (of any level) for which data is available. There are a variety of factors that may explain this low rate of citation by the New York County Surrogate’s Court, including docket size, the size and composition of the court’s staff, a judicial perception that the application of the law is a relatively mechanistic process, or a subjective determination that speed in processing the court’s docket outweighs any public interest in citation-replete decrees and orders. Yet by increasing its engagement with a range of authorities, the New York County Surrogate’s Court (and indeed any probate court) may increase public confidence in the judiciary while also enhancing understanding of trusts and estates as a complex and dynamic area of law