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The Inherent Powers of Multidistrict Litigation Courts
Get PDFMass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their “inherent powers” as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering that these attorneys be compensated through a “common benefit” assessment on the recoveries of certain clients in the litigation; (c) reducing the total contractual fees that plaintiffs agree to pay their individually retained counsel; and (d) reviewing private settlement agreements. Professors Robert Pushaw and Charles Silver have recently offered the most thorough analysis to date of judges’ assertions of their inherent powers when managing MDLs and have concluded that the courts’ inherent powers do not properly extend to any of these four actions. In this Article, I critically examine the arguments put forward by Pushaw and Silver. Offering my own analysis within their inherent powers framework, I agree with Pushaw and Silver’s conclusion that the inherent powers of the federal courts do not properly extend to reducing the total contractual fees that plaintiffs agree to pay their individually retained counsel or to reviewing private settlement agreements. However, I find unpersuasive their analysis regarding the appointment and compensation of MDL leadership attorneys. I conclude that MDL courts do have authority to appoint lead attorneys and to order that these attorneys be compensated through a common benefit assessment on the recoveries of certain clients in the litigation
Realizing the Sustainability of Portfolio Assessment in Second-Language Writing
Get PDFPortfolio assessment, as an alternative writing assessment approach, has received growing attention in the past few decades. Although the benefits of portfolio assessment are well validated, there is a dearth of empirical research on how portfolio assessment can be sustained over time and the support teachers need to sustain portfolio assessment practice in their teaching contexts. To fill this significant void, the present study examines the influences that contribute to the sustainability of portfolio assessment in second-language writing. Drawing on data from interviews with the principal, English department chair and four English teachers from one elementary school in Hong Kong, as well as classroom observation and teachers’ team meeting observation, the study revealed that administrators’ role in dispersing decision-making authority to teachers, exploiting learning opportunities and providing a stimulating environment for teachers, and the sharing of common vision and goals, as well as collective flows of learning among team members, are the cornerstone of transformation and sustainability for the practice of portfolio assessment. The paper concludes with practical implications on how the innovative attempts in portfolio assessment can be sustained over time
Psychosocial factors impacting identity development in biracial-biethnic youth: a socioecological analysis
Get PDFA mixed methods systematic review with socioecological analysis was conducted to identify specific psychosocial factors impacting identity development and well-being and biracial-biethnic youth. Findings from this review aimed to summarize and synthesize the most recent research literature on biracial-biethnic youth, with particular attention to factors contributing to negative identity development, psychosocial stressors (e.g., substance use) that impact both identity and well-being, and protective factors that promote well-being. This systematic review also aimed to utilize a socioecological framework to better understand on what level these psychosocial factors occur and the interaction between the individual and the larger environment. Methods. Data was collected from seven electronic databases and included peer-reviewed English language articles that were published between 1980 and 2022 and were conducted with youth identifying as more than one race or ethnicity, aged 13 to 25. All studies were required to evaluate at least one socioecological level (Individual, Microsystem, Community/Organizational, Macrosystem) and include biracial-biethnic participants with at least one minority-identified parent. Results. Findings from 338 studies revealed that 91% of studies were conducted within the United States. A total of 133 studies (40.2%) utilized the word multiracial to describe individuals of more than one race or ethnicity. The majority of studies (\u3e 50%) indicated that psychosocial factors most often occur on the individual level across each research question. There were significant factors noted across all four socioecological levels of analysis. Conclusions. There was a lack of consensus in the language utilized by researchers to define individuals of two or more races or ethnicities, with no consistent term used. It was also found that individual factors and interpersonal relationships have a significant impact, both negatively and positively, on identity and well-being in biracial-biethnic youth. Future research should continue to expand upon using more inclusive language, further explore protective factors and identity development, and focus on systemic factors that could lead to increased sustained change for the biracial-biethnic population
A systematic review of risk and protective factors for mental health among Latinx college students
Get PDFA quantitative studies systematic review with narrative synthesis was conducted to explore the risk and protective factors among Latinx college students’ mental health. This systematic review also aimed to identify the relevant demographic variability to the mental health of Latinx college students, and the relationship between mental health and academic performance within this population. Data was collected from four electronic databases and included peer-reviewed articles published between 2000 and 2022, conducted within the United States, participants over the age of 17, and samples comprised of or including Latinx college students. Studies utilizing quantitative designs, and quantitative portions of mixed method designs were included for analysis. Sixty studies were identified as providing information on risk factors and protective factors for mental health, and academic performance variables. A wide array of risk factors were identified and categorized into four main themes: identity and culture, college/work, social interactions, and stressors. Protective factors were identified and categorized within four main themes: identity and culture, college/ work, social interactions, and coping. A total of 58 mental health outcomes were examined and categorized within the following themes: Academics/college, symptoms, stress, belonging, coping, and suicide. Differences within the demographic variability of the samples included entirely Latinx versus mixed samples, and gender. Lastly, risk factors, protective factors, and mental health outcomes, were found to be related to academic performance variables. Risk and protective factors among Latinx college students’ mental health highlights the nuances of context. Meanwhile, the number of mental health outcomes and the categories in which they fall demonstrate the uncoordinated plethora of research foci. This diversity indicated that the demographic variability relevant to mental health of Latinx college students was limited to broader observations. Yet, utilizing the surplus of variables emphasized the need to expand upon our understanding of academic performance to capture how mental health and additional variables either worsen or improve academic performance. Academia is called to take this niche topic out of obscurity and into the forefront of research to encourage colleges and universities to provide well-funded services and programs aimed at supporting these students’ mental health, academic performance, and personhood
