Law Commons^™

Ethical Implications Of Ai-Based Algorithms In Recruiting Processes: A Study Of Civil Rights Violations Under Title Vii And The Americans With Disabilities Act, Vanessa Rodriguez

Cyber Operations and Resilience Program Graduate Projects

This research paper analyzes the ethical implications of utilizing artificial intelligence, specifically AI-based algorithms in business selection and recruiting processes, with a focus on potential violations under Title VII of the Civil Rights Act of 1964 and Title 1 of the Americans with Disabilities Act (ADA). Amazon’s attempt at launching AI recruiting tools is examined. This paper will assess the fairness of AI recruiting practices, considering data collection, potential biases, and accuracy concerns in its implementation process. Additionally, the paper will provide an overview of federal civil rights statutes enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and recent …

The U.S. Plastics Problem: The Road To Circularity, Ruth Jebe

Management Faculty Publications and Presentations

Plastics pollution has been an issue in the United States since discovery of the Great Pacific Garbage Patch catapulted it to the forefront of news reporting. Regulatory and academic activity around plastics has had a common feature: it focused almost exclusively on one stage in plastics’ linear model and framed the problem as a waste problem. Challenges have come in two forms: the shift from the linear production model of take-make-waste to a sustainability paradigm represented by the concept of circular production, and disruption of the global plastics waste supply chain occasioned by changes in China’s waste import policies. These …

The Idaho Human Rights Act Is Long Overdue For A Legislative Update, Susan E. Park, Doug A. Werth

Management Faculty Publications and Presentations

The Idaho Human Rights Act (“IHRA”) needs attention. The Idaho Legislature has not made a meaningful amendment to the Act since 2005, when it expanded protections for persons with disabilities.1 It has neglected to update the IHRA after landmark federal enactments such as the Pregnancy Discrimination Act of 1978, the Civil Rights Act of 1991, the Lilly Ledbetter Fair Pay Act of 2009, and the Americans with Disabilities Act Amendments Act of 2008. The statutory disconnect created by this legislative lapse has magnified the importance of how courts apply federal case law to the IHRA, particularly in light of the …

A Hebrew Republic Of Taxation?: Henry George’S Single Tax, Hebraic Law, And Unearned Income, Joshua Cutler

Accountancy Faculty Publications and Presentations

Can millennia-old religious ideas offer insights into modern tax law? I explore this question through the hugely popular, yet largely forgotten, tax movement of political economist Henry George. Seeking to explain why poverty always seemed to increase along with progress, George proposed that, as societies advanced, land owners were able to capture an increasing share of unearned wealth. To remedy this, George proposed a “Single Tax” on the unearned income from land. George’s tax movement gained popularity largely because it was founded on widely-held ideas originating in the Hebrew Bible. Yet, the religious foundation of George’s tax movement has been …

Evidence, Arrest Circumstances, And Felony Cocaine Case Processing, Jacqueline G. Lee, Alexander Testa

Criminal Justice Faculty Publications and Presentations

Case evidence and situational arrest characteristics are widely speculated to influence courtroom actor decisions, yet such measures are infrequently included in research. Using new data on felony cocaine cases from an urban county in a Southern non-guideline state, this study examines how physical evidence and arrest circumstances affect three stages of case processing: initial charge type, charge reduction, and sentence length. The influence of evidence appeared strongest at the early stage when prosecutors chose the appropriate charge, though certain evidentiary and arrest measures continued to influence later decisions. Charge reductions were driven mostly by legal factors, and while guilt should …

Digital Self-Ownership: A Publicity-Rights Framework For Determining Employee Social Media Rights, Susan Park, Patricia Sánchez Abril

Management Faculty Publications and Presentations

Imagine an upandcoming company hires you as one of its first employees. Passionate about your employer, you put in long hours doing everything from marketing to accounting to event planning. You are also proud of your employer's product, so you begin to publicize it to your friends through your social network accounts. (In fact, the company's founder is also one of your Facebook friends.) You tell your friends about the product launch, invite them to marketing events, and eventually blog about your industry, amassing a significant social media following while creating buzz about your employer. But one day, during layoffs …

Faculty Perceptions Of The Adoption And Use Of Clickers In The Legal Studies In Business Classroom, Denise M. Farag, Susan Park, Gundars Kaupins

Management Faculty Publications and Presentations

The use of clickers in the classroom can improve student engagement and motivation. However, few studies have been conducted on faculty opinions of the use of clickers. This paper measures clicker use amongst legal studies in business faculty and investigates perceptions and factors associated with adoption of clickers in the discipline. Survey results indicate that most legal studies in business faculty have either never or rarely use clickers, and very few faculty members in the discipline use clickers regularly. Instructors perceive clickers to improve teaching, but may be reluctant to adopt them because of time constraints.

Transforming The Legal Studies Classroom: Clickers And Engagement, Susan Park, Denise Farag

Management Faculty Publications and Presentations

Teaching is not just delivering lectures but anything we might do that helps and encourages students to learn.

Envision your typical business law or legal environment of business classroom, filled with students. As class begins, most students are alert and attentive to the instructor. However, after class is under way, some students have diverted their attention elsewhere. A few are looking intently at their laptop screens, which contain material that may (or may not) be related to business law. Others are looking at their phones. While many are still listening to the instructor, a few might be whispering to neighbors, …

Employee Internet Privacy: A Proposed Act That Balances Legitimate Employer Rights And Employee Privacy, Susan Park

Management Faculty Publications and Presentations

When Justin Basset interviewed for a job in New York City in 2012, he expected to respond to questions one is typically asked in a job interview. However, his interview took a modern technological twist when the interviewer opened her computer and attempted to look at Mr. Basset’s Facebook profile on her computer. Unable to see the details of his profile because he had taken advantage of Facebook’s privacy options to limit public viewing, she asked for his login information to access his account. He declined and withdrew his application.¹ In 2010, Robert Collins, a Maryland Department of Public …

Schizophrenia: Causes, Crime, And Implications For Criminology And Criminal Justice, Anthony Walsh, Ilhong Yun

Criminal Justice Faculty Publications and Presentations

This paper is aimed at criminologists and criminal justicians seeking to understand their role in educating law enforcement and correctional personnel who must deal with the mentally ill. It is motivated by William Johnson's (2011) recent call for rethinking the interface between mental illness, criminal justice, and academia, and his call for advocacy. We concur with his concerns, and insist that this rethinking must necessarily include grounding in the etiology of mental illness (specifically, with schizophrenia) as it is currently understood by researchers in the area. Advocacy must go hand in hand with a thorough knowledge of the condition of …

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

No abstract provided.

Drugs, Crime, And The Epigenetics Of Hedonic Allostasis, Anthony Walsh, Hailey Johnson, Jonathan D. Bolen

Criminal Justice Faculty Publications and Presentations

Researchers have found staggering numbers of drug addicts among incarcerated populations and have conceded that drug abuse is an important correlate of deviant behavior, but few included an understanding of the biological process leading to drug addiction. Chronic drug abuse and criminality are housed within a much broader propensity of some individuals to engage in a variety of antisocial behaviors, and this article clarifies the link and proposed shared mechanisms between criminal behavior and drug abuse through a molecular-genetic and neurobiological lens. Multiple genes, enzymes, and transcription factors are involved in drug addition, with over 100 genes known to be …

The Stability Of Self-Control Among South Korean Adolescents, Ilhong Yun, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

Gottfredson and Hirschi’s General Theory of Crime has been widely tested. Yet, one of their key hypotheses—the stability of self-control hypothesis—has received little attention from researchers, and no known study has examined the applicability of the stability hypothesis in a non-western context. Given Gottfredson and Hirschi’s claim that their low self-control theory transcends cultural and national boundaries, we tested the hypothesis with a nationally representative sample of South Korean adolescents using five year panel data. Consistent with studies conducted in the U.S., our results offer partial support for Gottfredson and Hirschi’s stability hypothesis. We also provide comparative interpretations of our …

Genetic And Environmental Influences In Delinquent Peer Affiliation: From The Peer Network Approach, Ilhong Yun, Jinseong Cheong, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

Mainstream criminologists have long maintained that delinquent peer group formation is largely a function of family-environmental variables, and have ignored self-selection into peer groups because of genetic proclivities. A small number of recent studies, however, suggest that genes are implicated in delinquent peer affiliation. Given the potentially far-reaching implication of such research findings, the authors replicate Beaver, Wright, & DeLisi's (2008) study, among others, using a direct measure of peer delinquency. That is, the authors analyze the Add Health genetic data employing a measure of peer delinquency which is based on the delinquency counts reported by peers themselves rather than …

Disentangling The Relationship Between Child Maltreatment And Violent Delinquency: Using A Nationally Representative Sample, Ilhong Yun, Jeremy D. Ball, Hyeyoung Lim

Criminal Justice Faculty Publications and Presentations

This study uses the National Longitudinal Study of Adolescents (Add Health) data, a nationally representative sample of adolescents, to disentangle the relationship between child maltreatment and violent delinquency. Also examined are potential moderating effects of gender, socioeconomic status (SES), and religiosity on the association between child maltreatment and violent delinquency. Contrary to prior research findings, the current analyses reveal that physical abuse is not associated with future violent delinquency, whereas sexual abuse and neglect predict violent delinquency significantly. The current study also did not reveal any moderating effects of gender, SES, and religiosity on the association between maltreatment and violent …

Adhd And Criminality: A Primer On The Genetic, Neurobiological, Evolutionary, And Treatment Literature For Criminologists, Catrina M. Schilling, Anthony Walsh, Ilhong Yun

Criminal Justice Faculty Publications and Presentations

This paper is a primer on ADHD and its major comorbidities for criminologists unfamiliar with the genetic, neurobiological, and evolutionary literature on the subject. With Unnerver, Cullen & Pratt (2003) we are surprised that criminologists do not pay sufficient attention to a disorder that is found at rates in prisons around the world greatly exceeding in prevalence in the general population. Unnerver, Cullen & Pratt (2003) believe that it is because ADHD research has been carried out primarily by biomedical researchers and that criminologists tend to shy away from anything smacking of biology. We believe that the special expertise of …

An Examination Of Contextual And Organizational Factors Influencing Police Use Of Force: A Multilevel Model, Hoon Lee, Hyunseok Jang, Ilhong Yun, Hyeyoung Lim, David W. Tushaus

Criminal Justice Faculty Publications and Presentations

The current study attempts to bridge this gap in research between contextual factors and police use of force. It also deepens our understandings of the association between organizational factors and use of force by incorporating police training into the analytical model. Finally, this study expands prior research by including multiple police agencies in the sample, thus producing research findings that can be more easily generalized.

Is Criminology Moving Toward A Paradigm Shift?: Evidence From A Survey Of The American Society Of Criminology, Jonathon A. Cooper, Anthony Walsh, Lee Ellis

Criminal Justice Faculty Publications and Presentations

Ideology forms and colors our attitudes and values in ways that lead to a tendency to accept or reject data according to how well or how poorly they cohere with that ideology. Previous research has suggested that the ideological divide in criminology is between criminologists who focus on strictly environmentalist theories that give short shrift to individual differences, and those who focus on individual differences and are favorably disposed to the biological sciences (Wright & Miller, 1998; Walsh & Ellis, 2004). The former tend to be radicals and liberals and the latter tend to be conservatives and moderates, although there …

Legal And Ethical Implications Of Corporate Social Networks, Gundars Kaupins, Susan Park

Management Faculty Publications and Presentations

Corporate social networking sites provide employees and employers with considerable opportunity to share information and become friends. Unfortunately, American laws do not directly address social networking site usage. The National Labor Relations Act, civil rights laws, and various common law doctrines such as employment at-will and defamation provide the pattern for future social networking laws. Ethical considerations such as productivity, security, goodwill, privacy, accuracy, and discipline fairness also affect future laws. Corporate policies on corporate social networking should balance the employer‘s and employee‘s interests. Existing laws and ethical issues associated with social networking should impact social networking policies related to …

Fear Of Crime Among Chinese Immigrants, Ilhong Yun, Glen Kercher, Sam Swindell

Criminal Justice Faculty Publications and Presentations

Western scholars implicitly assume that the correlates of fear of crime discovered in the extant literature are also applicable to populations of different culture and ethnic backgrounds. The current study investigates whether such an assumption is valid, drawing on survey data of Chinese immigrants in Houston. Among other findings, this study reveals that the effect of age on fear of crime is negative among Chinese immigrants, contrary to the previous research findings on the general population. We discuss the social and cultural process that produces this interesting pattern. The study also finds that consistent with previous research that acculturation is …

Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park

Management Faculty Publications and Presentations

Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.

Ineffective Assistance Of Counsel And The U.S. Supreme Court: History And Development Of A Constitutional Standard, Virginia Hatch

Criminal Justice Graduate Projects and Theses

The purpose of this research project is to complete an exhaustive review of the U.S. Supreme Court cases in which the Court ruled on ineffective assistance of counsel (IAC) claims. The cases are examined to study how the Supreme Court has interpreted the constitutional right to effective counsel. Further, I examined how the standard for judging IAC claims has evolved since its first recognition by the Supreme Court. There are 46 decisions by the Court that address IAC claims. In addition to reviewing the case law, relevant law reviews and social science academic journal articles are examined and incorporated in …

He Versus She: A Gender Specific Analysis Of Legal And Extralegal Effects On Pretrial Release For Felony Defendants, Jeremy Ball, Lisa Growette Bostaph

Criminal Justice Faculty Publications and Presentations

The current study seeks to identify significant predictors of pretrial processing for both male and female defendants in an aggregate sample. The data used in this study is taken from the State Court Processing Statistics (SCPS), 1990-2000: Felony Defendants in Large Urban Counties (Bureau of Justice Statistics 2004). The original sample included a total of 87,437 felony cases. The relationship between relevant independent variables and five separate dependent variables (denial of bail, non-financial release, amount of bail set, making bail, and pretrial incarceration) were analyzed using both multivariate regression and Z-score comparisons within gender-specific models. Findings suggest that effects of …

Intergenerational Transmission Of Abuse Of Incarcerated Fathers: A Study Of The Measurement Of Abuse, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

Research on the intergenerational transmission of abuse hypothesis often only examined the existence of abuse. The current study utilizes retrospective recalls of incarcerated male defendants (N = 414), using questions formulated from the modified Conflict Tactics Scales (Straus, 1974). Five logistic regression models are ran, representing a different physical abuse measure, including incidence of physical abuse, severity of physical abuse, and three composite measures: total frequency, total severity, and total frequency/severity. Although social desirability is a limitation in any study relying on self-report data, the comparison of the chi-square (x²) values of each model may give indication …

The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

One of the problems facing the criminal justice system is unwarranted disparity as a result of unbridled discretion. Although disparity, by itself, does not necessarily indicate a problem in the criminal justice system, disparity unwarranted does present a problem. Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age influence court processing decisions. The greater the discretion one possesses, the higher the likelihood of unwarranted disparity in one’s decisions (Albonetti, 1991; Meeker, Jesilow, & Aranda, 1992; Bushway & Piehl, 2001). Within the criminal court system, judicial discretion in sentencing has received the most scrutiny.

The Prosecution Of Child Sexual Abuse In Idaho: July 1, 2006 - June 30, 2007, Robert L. Marsh, Steven Patrick, Ted Hopfenbeck, Beth Doane, Nate Hopfenbeck, Michelle Morrison

Criminal Justice Faculty Publications and Presentations

House Bill 362, passed in 1989 (adding section 67-1405 to the Idaho Code), expanded the Attorney General's duties to require preparation of an annual report to be submitted to the legislature reporting the incidence of felony child sex abuse charges filed in adult and juvenile courts in the state. A research team from Research, Training, and Evaluation Associates worked in conjunction with the Offices of the Governor and the Attorney General to collect data and prepare the report to comply with this legislation. This team has collected data for the past seventeen reports. Specifically, data were collected on site on …

Predicting Public Opinion About Juvenile Waivers, I-Fang Jan, Jeremy Ball, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

The accountability movement of the juvenile justice system in the late 1980s and early 1990s encouraged more punitive practices by juvenile justice professionals. Public opinion was strong during this time. The attitudes about the juvenile justice system are a product of individual demographic, cultural, and political characteristics. This study addresses opinions about juvenile waivers–a punitive sanction–examining data from the National Opinion Survey of Crime and Justice in the 1990s (see Flanagan, 1996). This study analyzes attitudes about juvenile waivers, using multivariate quantitative methods. The results indicate a consistent relationship between the perception of the sentencing goals of the juvenile court …

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

A Gene × Gene Interaction Between Drd2 And Drd4 Is Associated With Conduct Disorder And Antisocial Behavior In Males, Kevin M. Beaver, John Paul Wright, Matt Delisi, Anthony Walsh, Michael G. Vaughn, Danielle Boisvert, Jamie Vaske

Criminal Justice Faculty Publications and Presentations

Background: Antisocial behaviors are complex polygenic phenotypes that are due to a multifactorial arrangement of genetic polymorphisms. Little empirical research, however, has been undertaken that examines gene × gene interactions in the etiology of conduct disorder and antisocial behavior. This study examined whether adolescent conduct disorder and adult antisocial behavior were related to the dopamine D2 receptor polymorphism (DRD2) and the dopamine D4 receptor polymorphism (DRD4).

Methods: A sample of 872 male participants from the National Longitudinal Study of Adolescent Health (Add Health) completed self-report questionnaires that tapped adolescent conduct disorder and adult antisocial behavior. DNA was genotyped for DRD2 …

Effects Of Individual Characteristics On Plea Negotiations Under Sentencing Guidelines, Erika Davis Frenzel, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

Research conducted on the decision points between arrest and sentencing is scarce. The current study attempts to fill this gap by focusing on plea negotiations, examining the effects of individual characteristics on plea bargaining decisions by using two dependent variables – a two-category dependent variable analyzing negotiated pleas vs. non-negotiated pleas and a three-category dependent variable analyzing negotiated pleas, non-negotiated pleas, and bench/jury trial convictions. The results from the multinomial logistic regression indicate that individual characteristics are predictors of negotiated guilty pleas compared to a trial conviction. Black offenders were more likely than white offenders to have their case go …