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Now showing 1 - 5 of 17

Recent Submissions

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    Building Collaborative Care Through the Formation of Organizational Partnerships and Interprofessional Education in Clinical Learning Environments: A Case Study
    (Creighton University, 2023) Keefner, Kristina Marie Brandon
    The purpose of this qualitative case study was to achieve an in-depth understanding of anorganizational partnership, from its inception to implementation, that has contributed to formation of a high-quality interprofessional primary care clinic model within a larger academic health system. The study also sought to detail adaptive leadership behaviors that fostered the transition from co-location to collaboration among frontline leaders within an academic healthcare workforce. Nineteen participants were selected through purposive and snowball sampling to represent the study site’s academic institution, health system, and patient-advocacy committee. In semi-structured reflective interviews and focus groups, these informants shared their perceived roles, responsibilities, and experiences. Documents and artifacts were also reviewed. Analysis and triangulation of revealed four major themes: Leadership, Shared Mission, a Culture of Collaboration, and the Quadruple Aim in the Clinical Learning Environment. The findings resulted in an evidence-informed solution for sustainable and scalable interprofessional education and collaborative practice infrastructure. The solution includes the primary recommendations of creating Interprofessional Clinical Faculty and an Interprofessional Workforce and Workplace Training Curriculum. The findings imply organizational infrastructure supports workplace learning, leading to system-wide innovation in partnership within academic and health systems to meet the shared mission of advancing an interprofessional collaborative academic medical center model. Keywords: organizational partnerships, clinical learning environment, interprofessional education and collaborative practice (IPECP)
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    State v. Williams: The Court of Criminal Appeals of Tennessee Incorrectly Allowed Rap Lyrics as Evidence to Prove the Character of the Accused
    (Creighton University School of Law, 2024-04) Kasamoto, Bryce
    To begin the determination of whether the Court of Criminal Appeals of Tennessee correctly allowed the rap video in State v. Williams as character evidence, this Note will first review the facts and holding of Williams. This Note will then generally review the development of the rap genre and the stigmas that followed it. This Note will then review cases that display the modern trend of courts limiting the admission of rap lyrics as character evidence to prove intent. Lastly, this Note will argue the Court of Criminal Appeals of Tennessee incorrectly allowed the rap video in State v. Williams as character evidence, and that courts should follow the “direct connection between lyrics and the crime in question” standard outline in Skinner.
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    Smoke and Mirrors: The Ambiguous Nature of the Major Questions Doctrine as a Reflection of the Intelligible Principle Test
    (Creighton University School of Law, 2024-04) McGuire, David
    This Note begins by tracing the intelligible principle test’s history. Then, this Note then discusses the Supreme Court’s dissatisfaction for the intelligible principal test as a protection of the separation of powers. Finally, this Note analyzes the major questions cases to provide insight on the doctrine’s utility and the Supreme Court’s concerns with administrative overreach. This Note argues that the major questions doctrine is an unworkable judicial doctrine that reflects the nature of the intelligible principal test. It also argues that coupling the intelligible principal test with a statement of available powers for self-fulfilling delegations can remedy the Supreme Courts concerns with test without casting vast areas of administrative law into doubt. Finally, this Note concludes that the Supreme Court should retire the major questions doctrine and instead compare novel interpretations of a self-fulfilling delegation to the examples enumerated and do a similarity analysis on the rights impacted.
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    Probable Cause and the Presumption of Innocence: How a Criminal Defendant's Right to Fair Trial Relies on Your Kid's Education in Fine Arts
    (Creighton University School of Law, 2024-04) Nunn, Henry
    “[W]hen those charges are brought, these people are guilty.” One would be forgiven for thinking that was a line delivered by a rusty sheriff in an old Western movie. He is easy to imagine: cowboy boots kicked up on a desk, polishing his six-shooter with an oil-stained handkerchief, spitting tobacco juice at a jailcell full of highwaymen and horse thieves. But sadly, that was a quote from Lori Lightfoot, the former mayor of Chicago, Illinois—a city with the third highest population in the United States, a city with a history of wrongful convictions caused by police misconduct. Mayor Lightfoot immediately backtracked by saying, “[o]f course they’re entitled to a presumption of innocence. Of course they’re entitled to their day in court. But residents in our community are also entitled to safety from dangerous people.” Taken in context, Mayor Lightfoot’s comments represented her views on pretrial release for individuals charged with violent crimes. She believed anyone charged with a violent crime should be held in state custody without opportunity for pretrial release because such a person posed an intolerable hazard to the community. Her position might have sounded preposterous to anyone with an elementary knowledge of our criminal justice system. And perhaps it was enough to erode her credibility as a government official who swore to serve the same citizens she was so ready to condemn as criminals before trial. But was her visceral reaction to violent crime incomprehensible? Of course not. It is only natural to seek immediate justice in response to violent crime. Furthermore, the U.S. criminal justice system is inherently prejudicial to the accused. Simply observing a criminal defendant in custody predisposes the public to inferences of guilt. Although pretrial release is hotly debated at the moment, it is not the subject of this Note. Rather, this Note focuses on two seemingly irreconcilable principles of our criminal justice system that Mayor Lightfoot’s comments heavy-handedly bring to the attention of the public: the standard of probable cause and the presumption of innocence.
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    On Law and Morality: A New Look at the Hart-Fuller Debate from a Classical Perspective
    (Creighton University School of Law, 2024-04) Kraynak, Robert P.
    While the famous debate between legal scholars H.L.A. Hart and Lon Fuller took place more than a generation ago, the issues involved have not lost their salience. The central question remains—What is the relation of law and morality?—which both Hart and Fuller understood as the relation of “positive law” to an idea of justice known as “natural law.” This article offers a fresh perspective on the debate by explaining the implicit political assumptions and philosophical commitments of the two legal scholars, which most critics have ignored. It also attempts to uncover the missing ingredients in the debate by turning to Aristotle’s insights about the relation of law to political regimes and Aquinas’s analysis of the inherent connections between human law and higher law. These insights are crucial for understanding law’s relation to morality, politics, and ultimate reality, and they reveal the limitations of Hart’s analytical jurisprudence and Fuller’s procedural jurisprudence. II conclude with some contemporary reflections on the relation of positive law to higher law in such areas as human rights advocacy and international law which re-open perennial questions about law and morality. My aim overall is to bring classical ideas into dialogue with modern problems in order to broaden the horizons of legal studies beyond analytical and procedural jurisprudence.