Digital Commons Network^™

Code And Prejudice: Regulating Discriminatory Algorithms, Bernadette M. Coyle

Washington and Lee Law Review Online

In an era dominated by efficiency-driven technology, algorithms have seamlessly integrated into every facet of daily life, wielding significant influence over decisions that impact individuals and society at large. Algorithms are deliberately portrayed as impartial and automated in order to maintain their legitimacy. However, this illusion crumbles under scrutiny, revealing the inherent biases and discriminatory tendencies embedded in ostensibly unbiased algorithms. This Note delves into the pervasive issues of discriminatory algorithms, focusing on three key areas of life opportunities: housing, employment, and voting rights. This Note systematically addresses the multifaceted issues arising from discriminatory algorithms, showcasing real-world instances of algorithmic …

Bi-Negativity: An Assessment Of Negativity Surrounding Bisexuality From The Lgbtq+ And Heterosexual Communities, Whitney R. Ford

The Confluence

This study was conducted to test the hypothesis that negative attitudes towards bisexual people (bi-negativity) exists within the LGBTQ+ and heterosexual communities and to determine if levels of bi-negativity are higher within the LGBTQ+ group. I administered the Gender-Based Attitudes Towards Bisexuality (GBAB) Scale by Nielsen et al. (2022) to measure bi-negativity using an online survey. The results, obtained from 87 participants who identify as LGBTQ+ and 121 participants who identify as heterosexual between the ages of 18 and 80, support my hypothesis that bi-negativity exists within both groups. However, contrary to my second hypothesis, higher levels of bi-negativity were …

Denied, Disrespected, Doubted, And Discarded: Women's Criminal Convictions And Experiences Of Discrimination, Brian Wyant, Holly Harner, Brian Lockwood

Midwest Social Sciences Journal

This study surveyed over 400 incarcerated women in a medium-maximum security prison in the United States to assess their experiences of discrimination due to their criminal conviction. Over 60% of the participants indicated they had been discriminated against due to their felon status. Binary logistic models revealed that discrimination based on prison status can occur both inside and outside of prison but varies by race and length of stay. Similarly, qualitative results showed that during and after their incarceration, these women reported being denied jobs, disrespected and viewed as incapable of changing. Some women even anticipated they would experience discrimination …

Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie

Sturm College of Law: Faculty Scholarship

Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …

Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso

Utah Law Review

The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.

Discriminatory intent rose to …

Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt

University of Cincinnati Law Review

Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …

Trauma-Informed Policing: The Impact Of Adult And Childhood Trauma On Law Enforcement Officers, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Honorable Amy Dunn Johnson

Faculty Scholarship

For every six months that a police officer serves in the line of duty, he or she is likely to experience an average of three traumatic events. Such events may include fatal accidents, murders, suicides, and active threats to the life of the officer or someone else. Given the wealth of available data on how trauma reorganizes the nervous system to respond to everyday stimuli as threatening, this is an area that cries for critical exploration, especially in light of the frequency with which unarmed Black civilians are killed at the hands of officers who often make split-second decisions to …

No Pride, All Prejudice: Addressing Lgbtq+ Bias In Capital Punishment Sentencing, Bailey P. Stamp

Lincoln Memorial University Law Review Archive

To this day, members of the LGBTQ+ community face discrimination in criminal sentencing, especially in capital punishment. Far too often, a defendant’s sexuality is used to demonize them to entice juror bias. Because of this, members of the LGBTQ+ community often face harsher sentences than those who are not. To help combat this issue, stricter safeguards must be implemented to help eliminate the discriminatory capital sentencing of defendants who identify as LGBTQ+.

While some classes, such as race and gender, are protected under the Equal Protection Clause of the Fourteenth Amendment, courts have yet to determine whether sexual orientation should …

Examining The Trend Of Literature On Classification Modelling: A Bibliometric Approach, Hashibah Hamid, Aidi Ahmi, Friday Z. Okwonu, Wan Azani Mustafa

Information Sciences Letters

This paper analyses and reports various types of published works related to classification or discriminant modelling. This paper adopted a bibliometric analysis based on the data obtained from the Scopus online database on 27th July 2019. Based on the ‘keywords’ search results, it yielded 2775 valid documents for further analysis. For data visualisation purposes, we employed VOSviewer. This paper reports the results using standard bibliometric indicators, particularly on the growth rate of publications, research productivity, analysis of the authors and citations. The outcomes revealed that there is an increased growth rate of classification literature over the years since 1968. A …

A Multiple Case Study: Male Correctional Officers’ Experiences And Attitudes Regarding “Gender Quota” Human Resource Management Strategies In Corrections, Rebecca Jo Patterson

Doctoral Dissertations and Projects

The stigma of corrections being labeled as a “male” workplace is a factor in the male/female ratio gap; thus, the new question is how to bridge the gender gap. In response to this human resource managers have implemented affirmative action strategies to ensure more females were being hired and promoted in corrections. Though unofficial in most areas, some state correctional agencies incorporated “quotas” in their affirmative action HRMS. Even though ‘quota-based’ or ‘gender based’ HRMS intended to reduce or eliminate discrimination, they have linked backlash effects and stigmatization toward females and minorities when the dominant group felt it was used. …

Fair’S Fair: How Public Benefit Considerations In The Fair Use Doctrine Can Patch Bias In Artificial Intelligence Systems, Patrick K. Lin

Indiana Journal of Law and Social Equality

The impact of artificial intelligence (AI) expands relentlessly despite well documented examples of bias in AI systems, from facial recognition failing to differentiate between darker-skinned faces to hiring tools discriminating against female candidates. These biases can be introduced to AI systems in a variety of ways; however, a major source of bias is found in training datasets, the collection of images, text, audio, or information used to build and train AI systems. This Article first grapples with the pressure copyright law exerts on AI developers and researchers to use biased training data to build algorithms, focusing on the potential risk …

Review Of The Book Racial Innocence: Unmasking Latino Anti-Black Bias And The Struggle For Equality, By T. K. Hernández, Martín Alberto Gonzalez

Chicano/Latino Studies Faculty Publications and Presentations

This is a book review of Racial Innocence: Unmasking Latino Anti-Black Bias and the Struggle for Equality - Tanya Katerí Hernández, Beacon Press, Boston, MA, 2022, 216pp., $24.95, ISBN: 978-0807020135 (hardcover).

Impact Of Covid-19 On Latinx And Black Communities, Carolina Zuluaga

Dissertations

This critical literature review project explored the impact of COVID-19 on Latinx and Black communities. According to the Centers for Disease Control and Prevention, as of September 28, 2022, around 16% of COVID-19 cases in the United States were among Latinx people, and 14% of cases were among Black people (Centers for Disease Control and Prevention, 2022). Since COVID-19 began, clinicians have become more conscious of the effects of health disparities within racial and ethnic minorities, which has warranted increased advocacy by educating health and mental health providers and creating and providing resources to these communities and clinicians. The review …

Unmasking Bias: Investigating Strategies For Minimizing Discrimination In Ai Models, Julia L. Martin

Computer Science Senior Theses

Artificial Intelligence (AI) models are increasingly used as predictive tools with real-world applications occurring in diverse fields ranging from the healthcare industry to the criminal justice system. While AI often offers efficient and relatively effective solutions, there are growing concerns regarding AI’s role in decision-making processes due to potential biases embedded in these models. In many cases, bias in AI models can produce unfair outcomes, perpetuate social inequities, and undermine the trustworthiness of AI systems. This thesis explores this problem and spotlights certain biased models that are currently utilized in real-world situations. One such example is a highly biased AI …

The Connection Between Colorism And White Supremacy: Colorism As A Tool Of White Supremacy In The Contemporary Age In The United States And Puerto Rico, Taylor Nicole Bell

Senior Theses

As the world moves into a perceived post-racial era, it is important to acknowledge and understand the existing presence and strength of white supremacy. While outright expressions of racism become less acceptable, people of color continue to face discrimination in multiple facets of their lives. One way to preserve and strengthen white supremacy in the modern age is through color-based discrimination or colorism. Across the globe, people of a lighter complexion, or those in closer proximity to whiteness, experience privileges and better treatment than those of a darker complexion. My thesis aims to argue that colorism in the modern age …

Concurrent Study Of The Impact Of An Institutionalized Diversity Plan On The Perceived Sense Of Academic Achievement, Sense Of Belonging, And Program Completion Among African American Students In A Midwest Community College, Tyianna Thompson

Dissertations

This dissertation explored how an institutionalized diversity plan impacts perceived academic achievement, sense of belonging, and program completion among African American students. The concurrent mixed-methods methodology followed a single case study design to explore the impact of an institutionalized diversity plan in a Midwest community college. Both quantitative and qualitative data were gathered and analyzed. The results of this study revealed that although diversity and inclusion programs are somewhat effective in higher education, more needs to be done to satisfy the needs of minority students in higher education. According to the findings of this study, most students felt a sense …

Influences On Pregnancy: An Exploration Of Maternal Discrimination, An Alternative Model Of Prenatal Care And Health Information Online, Emily Doherty

All Dissertations

In the United States metrics of perinatal health lag far behind peer countries and is characterized by stark disparities. The studies that make up this dissertation seek to elucidate factors influencing perinatal health.

The first and second chapters provide an introduction and extensive review of the literature of factors contributing to perinatal health with specific focus on discrimination and perinatal health; group prenatal care and digital pregnancy health information. The third chapter introduces the methodology to be used by each of the following studies. Subsequent chapters are formatted as individual manuscripts, each presenting background, methodology, results, and discussion.

The fourth …

Dosing Discrimination: Regulating Pdmp Risk Scores, Professor Jennifer Oliva

Belmont Health Law Journal

No abstract provided.

Predicting The Relationship Between Student, Faculty, And Institutional Diversity With Graduation Rates In Higher Education, Hridya C. Mondal

Doctoral Dissertations and Projects

The importance and significance of diversifying higher education are undeniable. Research has examined that diversifying higher education may produce more graduates, predominantly minority students. However, more literature is needed on how diversifying faculty and students relate to and impacts overall undergraduate graduation rates in higher education in the United States. This study aimed to gauge the predictive relationships between student diversity, faculty diversity, institutional locale, enrollment size and admissions selectivity and construct a relationship with graduation rates. The study examined a random sample of 291 Title IV, four-year postsecondary institutions, and Integrated Postsecondary Education Data System (IPEDS) employed for the …

Book Review Of Halfway Home: Race, Punishment, And The Afterlife Of Mass Incarceration, Neal Mcnabb

Journal of Prison Education and Reentry (2014-2023)

This piece is a book review of Halfway Home: Race, Punishment, and the Afterlife of Mass Incarceration by Reuben Jonathan Miller.

Increasing Empathy And Reducing Stigma In Healthcare For Unhoused Individuals: Utilizing A Street Medicine Approach, Crystal Kennemer

MSW Capstones

Unhoused individuals experience higher levels of stigma and discrimination in healthcare settings than their housed counterparts. The literature lacked effective interventions for reducing stigma and discrimination for unhoused individuals in healthcare, and stakeholder interviews revealed that healthcare systems were not actively seeking solutions. This grant proposal explains a proposed program that utilizes a street medicine approach that is aimed at increasing empathy through community-centered, outreach-based practical experience in order to reduce stigma and discrimination. The program is a partnership with medical residency programs and behavioral health outreach teams and will conduct weekly medical outreaches to encampments and various other locations …

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin

Psychology Theses

Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …

Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux

University of Colorado Law Review

No abstract provided.

Cultural Diversity In Education: Examining The Challenges And Issues Of Lgbtq Students Enrolled In A Tertiary Education Institution In The Bahamas, Terry Laverne Rolle

Theses and Dissertations

This research study examined the challenges and issues faced by LGBTQ students attending a tertiary education institution in The Bahamas. Utilizing a phenomenological analytical process, seven individuals gave information regarding their lived experiences in a tertiary institution in The Bahamas. Data for this research study were collected through two 60-minute in-depth interview sessions. This qualitative study was guided by the theoretical frameworks of the planned approach to change and the theory of resilience, both of which were used to inform the elements of the research. Many research studies have been conducted in regard to the experiences faced by LGBTQ students …

A Fresh Start: Sealing Eviction Records In Rhode Island, Katie Gradowski

Roger Williams University Law Review

No abstract provided.

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

University of Colorado Law Review

No abstract provided.

Sexed Propensities And Gendered Penalties?: An Analysis Of The Economic Outcomes Of Transgender People, Jiwon Chung

CMC Senior Theses

Recent research has indicated the adverse economic outcomes of transgender people. The titular question of this paper refers to the effect on gendered economic outcomes that differences related to sex assigned at birth has for a sample of transgender individuals that is plausibly correlated with being at an early stage of their gender affirmation processes (e.g. social or medical transition). For this group of plausibly early-in-transition transgender individuals, I hypothesize and test a theory that draws the following account: assigned female at birth (AFAB) transgender individuals encounter significant economic penalties as a result of labour market decisions (i.e. industry sorting) …

Character Evidence As A Conduit For Implicit Bias, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

The Federal Rules of Evidence purport to prohibit character evidence, or evidence regarding a defendant’s past bad acts or propensities offered to suggest that the defendant acted in accordance with a certain character trait on the occasion in question. However, courts regularly admit character evidence through an expanding set of legislative and judicial exceptions that have all but swallowed the rule. In the usual narrative, character evidence is problematic because jurors place excessive weight on it or punish the defendant for past behavior. Lawmakers rely on this narrative when they create exceptions. However, this account arguably misses a highly troublesome …

The Incongruence Principle Of Evidence, Hillel Bavli

Faculty Journal Articles and Book Chapters

Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.

In this article, I draw on fields outside of law - including Bayesian inference and cognitive psychology - to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make …