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Thinking Outside the Screen: Enhancing Video Based Classes With Actors
No full textThis poster presentation will be a short video clip where I talk about how we can engage students more and leverage the opportunities we have when teaching from home on line, by using interactive components in our classes. In my Civil Procedure class this spring I had family members act out certain concepts, pretend to be one of the parties in a case, and join a class meeting in the role of a judge. For legal writing, we can engage people in and out of our homes through the use of video platforms (Zoom, WebEx, etc.). We can pull in participants to role play more easily when it\u27s on line, and we can not only have fun, but also engage our students. I will show how we can pull in lawyers, judges, and many others to role play how a case might be assigned and how a fact pattern can be made more relatable
Using Supreme Court Briefs to Teach Oral Advocacy and Social Justice in your Online Legal Writing Course
No full textThis video presentation will demonstrate one method of incorporating Supreme Court briefs and related oral arguments to highlight effective oral advocacy in a legal research and writing curriculum. It will also showcase a way to introduce social justice themes into the classroom. This presentation will feature the \u27\u27Title VII Trifecta as an example (related to Title VII discrimination), but can be modified for other topics of interest. Resources for potential topics and briefs will be provided
Tips for Making Online Content Accessible
No full textAs we all transition to on line teaching and learning, one topic that is not always at the forefront of the conversation is how to make our online content accessible to people with disabilities. Mainly utilizing Microsoft Office and Acrobat Professional features, this hands-on presentation will provide basic information to help participants create and develop accessible online content to help to ensure an inclusive learning environment
Stress Busters for Online Teaching
Get PDFTeaching live online doesn\u27t seem like it would be stressful. You can wear pajama bottoms. Your cat can be curled in your lap. But then your children start yelling, your dog starts barking, and your cat decides to train for the Olympic hurdles. You try to focus on teaching. Stress builds. You\u27re trapped, staring at students on a computer screen. Your neck, shoulders, and back begin to lock up. Your eyes start to burn. And you still have another hour of class left. What can you do? You can suffer silently and power through, or you can take advantage of some stress-busting tips that will make on line teaching less painful. This high-energy, interactive presentation will guide you through a variety of short, fun, and useful exercises that you can perform along with your students to help all of you reduce tension, increase stamina, and even build community in your online classroom
Telemedicine and Malpractice: Creating Uniformity at the National Level
Get PDFPicture this: an elderly gentleman living alone, isolated in a rural, midwestern locale. One day, this elderly gentleman awakes to find a distinct rash forming on his chest. The nearest doctor capable of performing an examination is located over a hundred miles away, and this man has not driven more than ten miles in twenty years. Shambling into his living room, the elderly man logs onto his computer and begins typing. Within twenty minutes he is videoconferencing with a doctor who examines the rash remotely and makes a diagnosis.
Through advances in telemedicine, the scenario described above is becoming an increasingly common occurrence, and, for many, a life-altering opportunity. Yet many legal uncertainties exist in the realm of telemedicine, particularly in regard to medical malpractice. Are doctors held to the same standard of care as they would be in traditional medicine? What standard of care should a court look to when a doctor, practicing over state borders via telemedicine, finds himself enmeshed in a malpractice suit? When is the physician-patient relationship established for the purpose of determining malpractice liability? These uncertainties create potential barriers to the widespread adoption of telemedicine services. If these barriers are to be overcome, legislative action must establish uniformity and certainty.
Telemedicine has become the answer to that desperate question of where to seek medical consultation and care, a question that has long plagued rural American communities. Through telemedicine, doctors are able to virtually see patients “face-to-face” using video communication systems. Healthcare professionals can monitor high-risk patients’ health parameters over long distances, diminishing the need to travel for routine testing. In short, telemedicine presents the United States with a number of benefits, from reducing the costs associated with traditional medical services, to providing increased access to medical services in underserved communities.
Despite the promising potential of telemedicine, the American health system has been relatively slow to adopt this emerging technology, though the utilization of telemedicine services increased in recent years. One of the reasons for this slow uptake is the traditional lack of healthcare coverage for a broad range of telemedicine services. This barrier gradually dissipated over the last decade as coverage expanded. As the usage of telemedicine increases, the legal uncertainties that characterize telemedicine malpractice should be resolved in order to attract the greatest number of skilled medical professionals. Without legal certainty, or by the adoption of overly plaintiff-friendly precedent and legislation, these practitioners may be disincentivized from participating.
This Note argues for uniformity in the physicians’ standards of care for the purpose of determining malpractice liability, arguing for an approach that holds doctors practicing telemedicine to a national standard that considers the differences between virtual and in-person care. This Note additionally argues that the factors which establish the physician-patient relationship for the purpose of determining telemedicine malpractice liability should be clearly delineated through legislation. Part I will lay out the elements that plaintiffs must establish in a medical malpractice case, identify the major differences in how jurisdictions determine the appropriate standard of care, and discuss differences regarding the establishment of the physician-patient relationship for malpractice cases. Part I will also address the negative consequences of the lack of uniformity regarding telemedicine. Part II will argue for uniformity and clarity, proposing that Congress should enact legislation which establishes or encourages an appropriate telemedicine standard of care and clarifies the formation of the physician-patient relationship in such circumstances. Part III will address several avenues of federal action that could institute the desired changes to telemedicine malpractice standards, balancing them against each other to determine the most practical approach
Using the ABC Test to Classify Workers: End of the Platform-Based Business Model or Status Quo Ante?
Get PDFIn light of California’s recent adoption of the ABC employee/ independent contractor classification test, this Article provides a comprehensive analysis of the ABC test’s application in the platformbased (gig) economy. After first reviewing the current state of precarious work arrangements, particularly through gig work, and reviewing more traditional classification tests (the common law control test, the economic realities test, and the IRS test) as well as more recent Market Platform legislation, this Article provides a thorough examination of the factors necessary to satisfy the three parts of the ABC test. Since there are almost no reported decisions applying the ABC test to platform-based (i.e., gig) work arrangements, this Article applies its ABC test analysis to consider possible outcomes in future employee/independent contractor classification determinations for platform-based workers under the ABC test. It is hoped courts will not confuse the precarity of modern working relationships with independence
Transracial Adoptions in America: An Analysis of the Role of Racial Identity Among Black Adoptees and the Benefits of Reconceptualizing Success Within Adoptions
Get PDFPreventing Parkland: A Workable Fourth Amendment Standard for Searching Juveniles\u27 Smartphones Amid School Threats in a Post-Parkland World
Get PDFOn February 14, 2018, Nikolas Cruz, age nineteen, went to the Marjory Stoneman Douglas High School campus in Parkland, Florida, armed with an AR-15 rifle. He opened fire, killing seventeen students. His unspeakable actions culminated in an attack, which eclipsed the 1999 Columbine High School Massacre to become the deadliest school shooting at a high school in American history. In the immediate months following this still-recent tragedy, schools across the United States were flooded with “copycat” threats of violence. Terroristic threat charges levied against juveniles have likewise skyrocketed.
These recent events have resulted in new and burdensome pressures for schools and juveniles alike. In an age in which smart phones and social media are ubiquitous hallmarks of American youth culture, saturating nearly every grade level and socioeconomic stratum, schools must respond to the contemporary and evolving challenge of maintaining school safety amid threats prepared and delivered on smartphone accessible apps like Twitter, Instagram, and Snapchat. Law enforcement officials, at the behest of school officials whose chief concern is to prevent the next “Parkland,” appear to be addressing this issue aggressively and charging juveniles with more crimes than before. Whereas a search of a student’s locker, backpack, or notebook used to suffice, she now carries a smartphone capable of storing, transmitting, and accessing private information and ideas, which exist far beyond the physical form of the device itself. Even when students’ Fourth Amendment rights have been curtailed by a warrantless search of her belongings, rightly or wrongly, courts have been unwilling to tip the scales against school administrators—but smartphones complicate the matter.
This Comment promotes a compromise aimed at addressing two timely and related concerns: protecting students’ safety and defending students’ privacy. First, the Supreme Court should enunciate a new standard for searching students’ smartphones on school grounds. A new standard will provide clarity for school officials and students alike and will illuminate acceptable circumstances that warrant abridging students’ Fourth Amendment rights in the name of keeping schools safe. It will also make clear when searches of students’ smartphones become unreasonable and violative of the Constitution. Second, this Comment suggests one policy schools should adopt to best maintain school safety, curb threats, and protect students’ Fourth Amendment rights with respect to their smartphones. These proposals taken together will assist schools in addressing and curtailing smartphone-generated threats directed at students, faculty, and administrators, while simultaneously reducing the number of charges levied against juveniles in a post-Parkland America