Law Commons^™

The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough

Library Services Publications

A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.

Florida Institute Of Technology Ordered To Reinstate Men's Rowing After Title Ix Complaint, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

In February 2023, the U.S. District Court in Florida issued a preliminary injunction in favor of six male student-athletes from Florida Institute of Technology who alleged that the university violated Title IX. The male student-athletes filed the lawsuit against Florida Institute of Technology (FIT) in 2022. The student-athletes claimed FIT violated Title IX when the university eliminated rowing and other programs.

Americans With Disabilities Act Of 1990 Display, Minnesota State University, Mankato

Civil Rights

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.

Public Perceptions Of Exonerees’ Deservingness Of Compensation And Expungement, Elizabeth Jeanne Lopez

All Graduate Theses, Dissertations, and Other Capstone Projects

To date, over 3,300 people in the United States have been wrongly convicted and exonerated for crimes they did not commit. This issue warrants immediate attention and reform. Sadly, many exonerees struggle to receive compensation for their wrongful convictions and have the wrongful convictions expunged from their criminal records. Researchers have begun to examine this complex issue by studying a range of topics regarding wrongful convictions and exonerees. However, little research has focused on factors that influence public perceptions of exonerees and their deservingness of both compensation and expungement. To address this gap in the literature, the current study used …

Gender Responsive Reentry: Supporting Mothers And Their Children, Michaela Bruder, Ally Malueg, Neve Patterson, Courtney Schallock

Master of Social Work Student Policy Advocacy Briefs

The unique needs and experiences of women with children are not reflected in Minnesota’s state reentry approach or federal reentry approach. The number of women in the correctional system has been steadily rising, which means more women, many of them mothers, are returning to their families and communities without the programming and supports needed to successfully resume their roles as parent and provider. Minnesota must invest in a gender-responsive reentry approach tailored specifically to the needs of women with children.

Title Ix Sex Discrimination & Negligence Lawsuit Against Fargo Public School District & The Board Of Education Partially Dismissed, Emily J. Houghton

Human Performance Department Publications

Brian and Jennifer Berg filed a lawsuit as individuals and on behalf of their daughter Regan against the Fargo Public School District (FPSD) and the Board of Education in the City of Fargo in 2021. They argued that Regan faced sex discrimination, deliberate indifference under Title IX, the FPSD Handbook and negligence from FPSD following an alleged sexual assault by a male student off-campus.

Restore The Vote: Ending Parole, Probationary, And Supervised Release Disenfranchisement, Patrick Johnson, Lucy Rodriguez, Katelyn Sticha, Stephanie Trejo

Master of Social Work Student Policy Advocacy Briefs

In Minnesota, felony disenfranchisement is the suspension of voting rights when a person is serving a felony conviction through incarceration, probation, parole, or supervised release. Felony disenfranchisement deprives tens of thousands of Minnesotans of their most basic civil rights long after any period of incarceration has ended. This is especially true for Minnesotans of color. Restoring the right to vote immediately upon release from incarceration will promote equality in voter representation and protect civil rights for all Minnesotans.

Title Ix At 50: Exploring The Impact Of The Law On Cases Of Sexual Misconduct And Participation Equity In Athletics, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

June 23, 2022 will mark the 50th anniversary of Title IX; during that time frame there has been a drastic increase in girl’s and women’s participation in sport. There has also been significant political debate and push back to Title IX which has threatened to undermine the impact of the law. Over the last 10 years, Title IX has been synonymous with litigation related to sexual harassment and transgender athlete participation in sport. Additionally, universities have continually sought to cut women’s sports under the guise of budgetary constraints. The purpose of this poster presentation is three-fold: 1) Review recent case …

Terminated Asu Women's Lacrosse Coach Files Retaliation And Wrongful Termination Lawsuit, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

Courtney Connor, the former women’s lacrosse coach at Arizona State University, sued the University and the Arizona Board of Regents (collectively, “ASU”) for Title VII and Title IX retaliation, as well as wrongful termination.

Do National Tragedies Create Change? Kent State Shooting And The Actions Taken After., Rebekah M. Aiken

Journal of Undergraduate Research at Minnesota State University, Mankato

This article is about the Kent State shooting and the events that lead up to May 4, 1970. There is background on the Vietnam War and American involvement within the war. In addition information is provided on what caused the tragedy that happened at Kent State. The article also provides the changes that happened to the Ohio National Guard following the shooting.

Conflict Communication In Law Enforcement, Don Zheng

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper will focus on addressing conflict communication in law enforcement and what literature are available and the gaps within them. Conflict communication can range from the way's words are used, what words are used, and when those words are used when police officers interact with the public. Due to the lack of extensive research done within communication studies and law enforcement, this paper aims to aid in getting future research studies done within the professions. Conflict communication within law enforcement is a topic that should be talked about more to possibly lower the number of instances where physical and/or …

Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz

All Graduate Theses, Dissertations, and Other Capstone Projects

In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …

Police Social Work In Minnesota: Starting The Conversation, Jenny Ellsworth, Taylor Fish, Alison Niesen, Natalia Pitts

Master of Social Work Student Policy Advocacy Briefs

Even with enhanced police officer training focused on improving responses to mental illness, chemical dependency, and other crisis-related calls, police officers remain ill-equipped to serve as trained mental health professionals. Officers respond to these service-related calls more frequently than crime-related calls, which is why community partnerships between police officers and social workers are needed to promote the safety and well-being of people in crisis.

Higher Education And Police Officers: The Effects On Citizen Complaints, Evan D. Brown

All Graduate Theses, Dissertations, and Other Capstone Projects

This study was conducted to examine the effects that different levels of education may have on the number of citizen complaints filed against police officers. There are many literature articles pertaining to the education of police officers but few studies have been conducted to measure the specific effects of higher education in law enforcement. The analysis in this paper will show relationships between higher education of police officers and if it has a relationship with the number of officer complaints.

Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, Pat Nelson

Criminal Justice Department Publications

Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed and then after the coursework was completed. This research has found that clearly defining de-escalation and emphasizing the broad range of techniques available enhances the students' understanding and application of proper de-escalation.

This presentation won the Best Paper award for the …

De-Escalation: What Does That Mean Anyway?, Pat Nelson

Criminal Justice Department Publications

De-escalation is a common phrase in the media and int he general discourse about the criminal justice system, however, the interpretation can vary. This project examines students' understanding of the definition of de-escalation in professional peace officer education. This presentation took place at the 2019 Academy of Criminal Justice Sciences Annual Meeting in Baltimore, MD on Wednesday, March 27, 2019.

Changes In Student Definition Of De-Escalation In Professional Peace Officer Education, Pat Nelson

Criminal Justice Department Publications

Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. The challenge in professional peace officer education is that there is a vast range of defining de-escalation and understanding the various techniques involved, many of which are based on popular media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed. The students were then surveyed after the communication coursework was …

An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Inattentional blindness, or the inability to visually detect an unexpected stimulus while attending to a task or situation, can have detrimental effects on those who are subject to the phenomenon. This may be particularly true for law enforcement officers, who are often engaged in cognitively demanding tasks that draw their attention away from potentially deadly hazards. This study aimed to look at the effects of inattentional blindness within a group of officers of varying degrees of experience and expertise. The officers were presented with a video-based scenario in which an unexpected stimulus was placed. The control group was asked to …

Aftermath Of An Officer Involved Shooting: Formal Education, Continuing Education, And Responsibility, Pat Nelson, Thor Dahle, Colleen Clarke, Tamara Wilkins, Susan Burum, Bruce Biggs

Criminal Justice Department Publications

This is a policy review presentation that shows there are areas for improvement and recommendations to implement in the professional and academic sides of law enforcement using the lens of a current officer involved shooting that generated a lot of publicity. The recommendations would require a partnership between formal education providers, continuing education providers and practitioners.

"Can We Clean Their Guns For Em'?" Frame Analysis Of Media Coverage Surrounding The Killing Of African Americans By Police, A Comparison Of Four U.S. And International News Sources, Jeffrey Longhurst

All Graduate Theses, Dissertations, and Other Capstone Projects

Instances of unarmed African Americans being killed when encountering police officers have come to the forefront of the discussion about race and race relations in the U.S. This study investigates media framing to determine if there are elements of racism in media frames surrounding these events. This study seeks to determine the extent that the tenets of Critical Race Theory apply in news when comparing stories Fox News and CNN online articles with articles by Al Jazeera and BBC. The two cases chosen were the killings of Micheal Brown in Ferguson, Missouri and Freddie Gray in Baltimore, Maryland. Using critical …

Moderating Effects Of Resilience And Recovery On The Stressor-Strain Relationship Among Law Enforcement Officers, Austin Hearne

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this study is to investigate the relationships between individual resilience, recovery from work, and the relationship between stressors and strains in a sample of police officers. I primarily plan to test whether individual resiliency and recovery moderates the relationship between law enforcement-related organizational and operational stressors and strains such as burnout, sleep disturbances and poor general well-being. I hypothesize that individual resiliency and recovery will both moderate the stressor-strain relationship, so that officers who exhibit higher resiliency and engage in appropriate recovery will experience less strain from the stressors of their occupation. Additionally, I hypothesize that recovery …

Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman

Speaker & Gavel

In examining these implications we argue that the Court’s Nixon decision was a uniquely strategic response to a complex rhetorical situation. In fact, the elements of the situation were so fundamental to the tenor of the Court’s response that this essay’s framework is drawn from Lloyd F. Bitzer’s construction of the rhetorical situation. The use of this system will allow for deeper consideration of the context of United States v. Nixon as well as assessment of the legal text as responsive to that context.

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Graduate Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …

Constitutional Rights In Post-9/11 America, Meredith Aby

Communication and Theater Association of Minnesota Journal

On September 21, 2011, Meredith Aby accepted an invitation to speak on the subject of freedom of speech and association in ten years after 9/11. Her speech, which was sponsored by the Department of Communication Studies at Minnesota State University, the Kessel Peace Institute, and the Mankato Area Activist Collective, is more than a powerful defense of free speech the right to dissent. It is the personal account of an ordinary person of extraordinary conviction—an activist, a mother, a partner, a teacher, and a debate coach—for whom standing up for right to oppose one’s government is more than an abstract …

The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.

Communication and Theater Association of Minnesota Journal

The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …

Celebrating 25 Years Of Ada In Gov Docs!, Minnesota State University, Mankato

Civil Rights

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.

Racial Justice Study: An Examination Of Ticket Citations In The City Of Mankato, Minnesota, Meagan Hammers, C. J. Hays, Hannah Laniado

Public Sociology Publications and Projects

This study examines if there is racial disparity in policing in the city of Mankato, Minnesota by examining all traffic ticket citations given for a six-month period in 2014. The authors created a data set and examined statistical relationships between the observed race of those receiving tickets and the types of tickets received. This study discovered statistically significant findings of over policing of minorities; while minorities represent roughly ten percent the population in Mankato, they make up approximately 22% of the population cited. Further, minorities were about three times more likely than whites to receive a ticket for administrative offenses, …

Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke

Public Sociology Publications and Projects

This study examines potential race and gender disparities in sentencing decisions in Blue Earth County, MN courts. Using qualitative field observations and a grounded theory approach, authors observed and analyzed court proceedings. In total, three researchers conducted seven weeks of observations; the final sample consisted of 95 observed court sessions, 50 of them being closed court cases. Results show little discrepancy in gender and charges and sentencing rates. Though there are racial discrepancies in charges that suggest discriminatory policing decisions, the data shows that minority members are being sentenced at a similar rate compared to white defendants. In all cases …

Men, Women And Children For Sale: The Dichotomy Of Human Trafficking In The United States And Abroad, Elizabeth Kolbe

Journal of Undergraduate Research at Minnesota State University, Mankato

Living in Thailand in 2005 opened my eyes to the real plight of exploited peoples around the world. I was able to experience first-hand the economic and social issues facing potential victims of human trafficking. According to Anti-Slavery International, there are an estimated 200 million people being held in slavery worldwide. Approximately 800,000 people per year are being trafficked across international borders and forced into slavery. Like most Americans, I believed this is a horrible problem facing only people of developing countries. Last year I heard Chong Kim describe her traumatizing experience of being trafficked within the United States. Over …

Determinants Of Traffic Fatalities In The U.S., Hanna Stapleton

Journal of Undergraduate Research at Minnesota State University, Mankato

This paper investigates the determinants of motor vehicle fatalities in each of the 50 states in the U.S., along with the District of Columbia. Using a panel data set from 1994 to 2005, we analyze how the factors, such as safety belt laws, speed control, alcohol usage, fine, driving conditions and annual vehicle-miles of travel (VMT), affect the incidence of traffic fatalities. Econometric models are developed and the estimates are obtained from a general-to-specific specification search based upon all the diagnostic tests in order to increase the probability of selecting models which are statistically reliable. The empirical results show that …