Digital Commons Network^™

Misapplying Pinkerton And Accomplice Liability In The United States Federal Sentencing Guidelines: How Courts Have Wrongly Imprisoned Criminal Defendants For Decades, Jessica Huang

San Diego Law Review

The Pinkerton and accomplice-liability doctrines are two of the most maligned doctrines in criminal law. Anyone deemed an “accomplice” to a crime can be convicted of that crime as if they had perpetrated the wrongdoing themselves; similarly, Pinkerton liability, a form of conspiracy liability, permits the government to hold someone accountable for the substantive crimes of another so long as those crimes were “in furtherance of the conspiracy,” “within the scope of the unlawful project,” and reasonably foreseeable “as a necessary or natural consequence of the unlawful agreement.” Scholars, activists, and reformers have criticized the doctrines on both constitutional and …

The Implications Of Pulsifer V. United States For The Interpretation Of Criminal Statutes, Aparajita (Pj) Das

San Diego Law Review

All signs in Pulsifer point to considerable discretion for courts, all while operating within the confines of statutory text. For one, the opinion indicates that courts can override the text of a statute if the context so demands. The Court’s rejection of lenity also confirms this trend in two ways. It highlights the Court’s inconsistent approach when it comes to requiring the legislature to speak clearly. It also confirms that the threshold of ambiguity required to trigger lenity continues to be a high one, thus allowing judges to selectively apply the canon, even when a split in the Court demonstrates …

How Free Should Campus Speech Be?, Heidi M. Hurd, Michael S. Moore

The Journal of Contemporary Legal Issues

The general topic to which this piece is devoted concerns how non-governmental entities and individuals may and should respond to the speech of other non-governmental entities and individuals. The emphasis on private, non-governmental actions removes the discussion from the ambit of the First Amendment’s constitutional right of free speech and, indeed, removes the discussion from issues of legality, more generally. Although such normative discussions can result in recommended legal actions, in the first instance at least such discussions are about the morality—as opposed to the legality—of the negative responses by private persons to the speech of others.

The particular focus …

Should Private Universities Tie Themselves To The First Amendment?, Keith E. Whittington

The Journal of Contemporary Legal Issues

Private colleges and universities are generally free to depart from First Amendment standards regarding their own regulation of speech on campus and among campus community members. They may adopt more restrictive speech regimes that would sharply separate them from their public university counterparts which are bound by First Amendment requirements. In the modern era, private universities have nonetheless generally chosen to voluntarily embrace something like First Amendment principles to guide their own internal governance. Some would prefer that they shed those commitments and adopt some alternative speech regime. In this Article, I argue that private universities generally should adopt free …

Social Media, Social Sensibilities, And The Employment Relationship, Matthew W. Finkin

The Journal of Contemporary Legal Issues

Employers have long made decisions based on the applicant’s or incumbent employee’s respectability. Those whose transgress the bounds could be excluded; e.g., those who publicly embrace the Ku Klux Klan.[] In other words, frank speech—speech “unconstrained by anything that might normally encourage one to be more circumspect,”[] speech revealing one’s “true feelings, however repellant to popular morality”[]—is not invariably a good thing.[]

When social media came into wide use, employers extended their monitoring of applicants and incumbents for the acceptability of that speech.[] There is nothing new in that.[] In the absence of a clear direction embodied in law …

Comment On Hurd And Moore, Richard Arneson

The Journal of Contemporary Legal Issues

In their essay on “Wrongful Student Speech and Rightful Private University Responses to It,” Professors Heidi Hurd and Michael Moore (hereafter, Hurd & Moore) deepen the discussion by situating it in a general account of moral limits on freedom of expression and by noting connections to some of their own views on moral theory. The result is an excellent primer on freedom of speech, and more than just a primer. Their general views are shown to have plausible implications for tangled questions about what private university administrators ought to do in response to problematic examples of campus protest. That this …

From Mill To Mussolini And On To Microsoft: Freedom Of Speech In A Neo-Corporatist Era, Maimon Schwarzschild

The Journal of Contemporary Legal Issues

John Stuart Mill’s On Liberty—a fundamental text for political liberalism—not only defended the importance of freedom of expression and debate, but suggested that social pressure from private persons and institutions can be as much, or more, of a threat to freedom, including freedom of expression, as any legal sanction or act of government. Mill feared “a social tyranny more formidable than many kinds of political oppression” which “leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul to itself”.

Recent decades in America have seen efforts to suppress free expression by colleges …

Interpreting The Law And Complying With It, Larry Alexander

The Journal of Contemporary Legal Issues

In this Article, I am going to focus on a set of issues that follow from the fact that laws are created by human beings and interpreted by human beings. It is unlike morality in these respects. For morality presumably applies to us humans, whether we accept what it requires or correctly assess what it requires. But it is we who decide what laws, good or bad, should govern us, and whose interpretations of those laws, correct or incorrect, should constitute our governing laws. And if the uncertainty of what morality requires creates the necessity for laws, and if laws, …

Vista: October 2, 2025, University Of San Diego

USD Vista (1965-)

No abstract provided.

University Of San Diego Magazine Fall 2025, Publications Department

University of San Diego Magazine (1992- )

Beauty, Goodness and Truth; Dear Toreros; Around Alcalá Park; At The Edge of It All; Faith In Action; Torero Spotlight; Torero Athletics; Toreros Making Waves; In Memoriam; Leading With Love

Building Peace From Afar: Women-Led Peacekeeping From The Diaspora (Case Study: Afghanistan), Sveto Muhammad Ishoq

Kroc IPJ Research and Resources

This case study examines the challenges, tactics and tools of Afghan women activists in the UK in their peacebuilding efforts for Afghan women and girls post-Taliban takeover. It shows how operating from exile, these activists employ innovative strategies to amplify Afghan women’s voices, advocating internationally and providing support despite facing complex security, funding, and community unity issues.

Building Peace From Afar: Women-Led Peacebuilding From The Diaspora, Elena B, Stavrevska, Sveto Muhammad Ishoq, Shadi Rouhshahbaz, Kay Soe, Briana Mawby, Carolyne Komen

Kroc IPJ Research and Resources

Diaspora communities have long played critical roles in peacebuilding efforts in their countries of origin, yet the contributions of women within these communities remain significantly underexplored and underappreciated. This report seeks to address this gap by focusing on the unique roles, challenges and contributions of women in diaspora-led peacebuilding initiatives. Women in the diaspora — often navigating complex identities and facing distinct challenges — are vital actors in promoting peace, reconciliation and social change in their homelands.

Drawing on a comprehensive review of literature, research interviews, and detailed case studies, this report provides a nuanced understanding of how diaspora women …

Building Peace From Afar: Women-Led Peacekeeping From The Diaspora (Case Study: Burma/Myanmar), Kay Soe

Kroc IPJ Research and Resources

This case study highlights the role and strategies of Burmese/Myanmar’s women in the diaspora in the US in contributing to political transformation in their homeland. It shows how through advocacy, mobilization, women’s networks and different types of organizing, these women navigate structural and cultural challenges, leveraging their diasporic networks and unique perspectives to support democratic ideals and envision an inclusive, federal future for Burma/Myanmar.

Building Peace From Afar: Women-Led Peacekeeping From The Diaspora (Case Study: Iran), Shadi Rouhshahbaz

Kroc IPJ Research and Resources

This case study examines how young Iranian women, at home and abroad, envision Iran’s futures, their role in change-making and the challenges they face. It shows how their aspirations reflect lived experiences and the limited civic spaces within which they champion change, and the difficult choices they face about leaving or staying, while their visions for Iran’s future transcend current insecurities, offering images of a more equitable society that may inspire meaningful, feminist-led transformation.

Accounting For Fetal Personhood: Confronting The Implications Of Fetal Personhood On Vital Statistics Law, Alix Rogers

San Diego Law Review

In February 2024, in LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held that embryos created through in-vitro fertilization (IVF) were legal persons. The national conversation about this ruling focused on the implications for IVF treatment. The impact of fetal personhood on the realm of vital records law has, to date, gone unnoticed. Vital records laws in the United States mandate the registration and collection of data for legislatively determined vital events. Vital records law influenced by fetal personhood, as well as broader trends to criminalize pregnancy, has profound and troubling implications for individuals experiencing spontaneous abortion …

Vista: September 25. 2025, University Of San Diego

USD Vista (1965-)

No abstract provided.

Leviathans And Liberation: Did Whaling Contribute To The Decline Of Slavery?, Topher L. Mcdougal, Austin Choi‐Fitzpatrick

School of Peace Studies: Faculty Scholarship

No abstract provided.

Guide To The University Relations Records (University Of San Diego), University Of San Diego University Relations

University Records

The University of San Diego University Relations records document the functions of the University Relations department and its offices. These functions include publication design, editing, and final products; planning for activities and events; surveys and research on community relations; and fundraising activities.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.

To view this collection please email University Archives and Special Collections staff at [email protected].

The Missing Link: Gingos, Ingos, And The Fractured Promise Of Localization, Stella D. Bosch

Theses

This thesis examines collaboration gaps between international nongovernmental organizations (INGOs) and grassroots international nongovernmental organizations (GINGOs) in the localization agenda. While humanitarian and development work are often viewed separately, many organizations operate across both areas, shifting between emergency response and long-term engagement. For this research, “localization” refers to efforts aimed at addressing power imbalances and improving collaboration with local actors, especially in small island nations where vulnerabilities and capacities intersect. The study began as a comparative case design across Cabo Verde, Vanuatu, and Comoros but shifted to an explanatory approach after data constraints redirected the scope. Madagascar was added to …

Developing An Instrument To Measure Teacher Attitudes Toward Multilingual Pedagogies, Lauren H. Ramers

Dissertations

In an increasingly globalized world, substantial numbers of multilingual learners occupy K–12 and higher education spaces bringing diverse linguistic resources that, when intentionally and appropriately leveraged, can significantly enhance English language learning outcomes. Multilingual pedagogies, which honor and build upon students' full linguistic repertoires, are essential for fostering equitable and inclusive learning environments. This quantitative exploratory study investigated teachers' attitudes toward multilingual teaching with the goal of developing a reliable survey instrument—the Multilingual Pedagogy Scale (MPS)—to measure how teachers perceive language learning in multilingual classrooms and what they report doing in their classrooms.

First, a review of the research helped …

A Remedy For A Distressing Situation: Discrimination Against Children With Disabilities In Public Education, Joshua P. Sarsfield

San Diego Law Review

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may …

Medication Safety: A Policy Journey To Reduce Medication Errors, Elia M. Campos, Kathleen Klimpel, Joseph Burkhard

Doctor of Nursing Practice Final Manuscripts

Abstract

Medication Safety: A Policy Journey to Reduce Medication Errors

Background: Medication errors have long been a significant concern. Unsafe medication practices and errors can pose serious risks of injury and preventable harm within healthcare systems.

These errors can lead to severe consequences and have the potential to result in injury, disability, or even death. The World Health Organization highlights that in the United States, an estimated 1.3 million people experience medication-related harm, with 7,000-9,000 people dying due to a medication error each year (WHO, 2023). On average, one adverse drug effect (ADE) adds more than $2,000 to the cost …

Precarious Privilege: Exploring The Intersection Of White Teacher Habitus And Social Justice In International Schools, Kevin L. Workman

Dissertations

This qualitative study explored the underresearched phenomenon of White teacher allyship within an emergent diversity, equity, inclusion, and justice (DEIJ) movement in international schools. Gaining momentum in 2020 as a digital, postcolonial counterstory, the movement exposed structural inequities and racism across the international school ecosystem. Applying an antiracist reading of Bourdieu’s (1977) theory of practice, the study analyzes how White teachers (n = 8) from diverse international contexts understand, experience, and assess their participation in DEIJ activities. Thematic analysis of interview data corroborated the digital voices, explicitly identifying White supremacy as a key force shaping the field’s doxa. The study …

Archival Articulations Of Belonging: Resistance, Reimagination, And Resilience In School And In Incarceration, Caroline Hastings

Dissertations

Belonging is a universal desire, providing purpose and comfort, that supports our ability to survive and triumph through difficulty. A lack of belonging can impact one’s likelihood of becoming incarcerated. In turn, incarceration stigmatizes individuals and disrupts connections with family, friends, and community members. This study of individual’s experiences of belonging analyzed reflective written accounts created during incarceration. This phenomenological qualitative examination of belonging for formerly and currently incarcerated individuals, disproportionately people of color and individuals with disabilities, sought to deepen our understanding of belonging as a force in their lives. In the United States, high rates of incarceration impact …

The Crucial Role Of Grassroots Social Organizations In Advancing Immigrant Legal Protections And Reshaping Immigration Policy, Isabella Reynolds

McNair Summer Research Program

This research project examines how grassroots social organizations contribute to the advancement of immigrant legal protections and shape immigration policy, with a particular focus on formerly incarcerated migrants in California. I focus on case studies and the personal experiences of organizers from Homies Unidos, Border Angels, and other organizations that operate near the San Diego–Tijuana border region. The study illustrates how these groups provide essential services, mental health support, and community-based initiatives for vulnerable and formerly incarcerated immigrants. By conducting oral histories and ethnography as methods for preserving emotional labor and shared memory, this research challenges prevailing narratives that criminalize …

Shared Kitchens Changing The Housing Development, Agniya Seliuzhytskaya

McNair Summer Research Program

In response to the escalating housing crisis and ongoing economic disruptions, many individuals have turned to home-based food entrepreneurship as a means of financial stability. The Microenterprise Home Kitchen Operation (MEHKO) program enables residents to legally operate small-scale food businesses from their private kitchens, effectively blurring the line between domestic and commercial space. This research investigates how MEHKOs challenge conventional understandings of housing, domesticity, and zoning, and considers how shared or adaptable kitchen models might inform emerging housing typologies.

The study combines spatial and policy analysis by mapping the distribution of approved MEHKO sites in San Diego and overlaying that …

The Consequences Of Workplace Racial Discrimination: A Scoping Review, Yaritza A. Ortiz, Evelyn D. Sarsar

McNair Summer Research Program

Racial discrimination has been consistently associated with negative mental health outcomes among marginalized communities. Racial discrimination within the workplace has shown to be detrimental to mental well-being and behavioral outcomes, however, there is much less work investigating these links. Therefore, this scoping review aimed to understand the association between workplace racial discrimination and mental and behavioral health outcomes.

Empirical articles were identified using Google Scholar and PsycINFO. The extracted data included, design of the study, the number of participants, ethnicity or race, type of discrimination, mental or behavioral outcome, and the results produced by the data. For the final review, …

The Illusion Of “El Chingon”: A Scoping Review On How Machismo Affects Mental Health And Behavior, Vanessa Estrada Garza

McNair Summer Research Program

Machismo is a set of cultural values tethered to the gender binary, defined by the specific gender roles and expectations that men have to act upon. These ideals create a male archetype based on aggression, stoicism, superiority, and the enabling of sexist attitudes. Research has shown that rigid hypermasculine attitudes have a negative effect on mental health (e.g., depression and anxiety symptoms) and behavior (e.g., aggression and substance abuse). However, given its cultural context, much less is known about how machismo may manifest based on different demographic variables. Therefore, the goal of this scoping review was to understand the relation …

Collaborative Action In Education: Empirical Explorations Of The Role Of Partnerships In College Readiness Programs, Jose A. Sanchez

Dissertations

Education gaps exist in the United States in large part because not everyone has equal access to the educational resources or role models that will prepare them to seek a college education. To help combat this phenomenon, Federal and State Governments have promoted college readiness programs via collaborative partnerships between school districts, on the one hand, and colleges and universities, on the other.

To better understand the role that partners can play in creating and sustaining college-readiness programs, this study focused on the history and current practices of collaborations involving oversight of college readiness programs in two school districts. Partnership …

Stories Of California Mini-Corps Tutors: Exploring The Experiences Of Bilingual Latinx Early Preservice Teachers, Norma Rueda Santillanez

Dissertations

Restrictive language policies and practices in schools have racialized the experiences of bilingual Latinx early preservice teachers (EPSTs), leading many to internalize the belief that their language and culture are not valued. These deficit-based messages often influence their personal development and emerging professional identities. Despite the volume of scholarship about this pattern, little research has explored how this internalization shapes EPSTs’ perspectives as they move from being multilingual students educated in English-only environments to future credential program students and bilingual teachers. This critical qualitative case study examined this process as students engaged in school-based fieldwork through the California Mini-Corps program …