Digital Commons Network^™

Labeling Effects Of Initial Juvenile Justice System Processing Decision On Youth Interpersonal Ties*, Zachary R. Rowan, Adam Fine, Laurence Steinberg, Paul J. Frick, Elizabeth Cauffman

Faculty Publications

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and …

Virtual Criminal Law Dualism, Itay Ravid, Hadar Dancig-Rosenberg

Faculty Publications

Since the start of the new millennium, technological and societal changes have initiated a transition from physical to virtual spaces. This farreaching phenomenon has extended to the law and legal institutions, including the criminal law domain. This essay coins the term “virtual criminal law dualism” to describe the dynamic relationship between the virtual and physical spaces in the criminal law sphere. We contend that the transition to virtual spaces has manifested in two distinct aspects. The first relates to formal doctrinal, procedural, and institutional changes that the mainstream criminal law and procedure have undergone due to the emergence of virtual …

140 Characters To Justice? The Promise And Perils Of Using Social Media To Reveal Lay Punishment Perspectives, Itay Ravid, Rotem Dror

Faculty Publications

For centuries, penal theorists have debated two key criminal justice questions: justifying state punishment power and determining proper punishment levels. Moral philosophers offered several theories to address these questions. Over time, calls emerged to move beyond theories and to consider community views on punishment rationales in criminal law and policy design, an approach that gained support alongside meaningful critique. Concurrently, social science advancements enabled empirically deepening understanding of public attitudes about punishment, largely through surveys and experiments.

One domain, however, remained untouched by those calling to assess lay intuitions of justice: social media. Such oversight is puzzling in light of …

Building A Culture Of Scholarship With New Clinical Teachers By Writing About Social Justice Lawyering, Caroline Wick, Susan Bennett, Binny Miller, Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citalli Ochoa, Charles Ross, Anne Schaufele

Faculty Publications

This Article is a collection of essays about teaching social justice lawyering, as seen through the eyes of eight practitioners-in-residence in the clinical program at American University’s Washington College of Law (“WCL”). They include: Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citlalli Ochoa, Charles Ross, Anne Schaufele, and Caroline Wick. They teach in seven clinics, including the Civil Advocacy Clinic, the Criminal Justice Clinic, the Community Economic and Equity Development Clinic, the Disability Rights Law Clinic, the Immigrant Justice Clinic, the International Human Rights Law Clinic, and the Janet R. Spragens Federal Income Tax Clinic. We use the terms …

Pubertal Progression And Its Relationship To Psychological And Behavioral Outcomes Among Adolescent Boys, Meng-Che Tsai, Yu-Chung Lawrence Wang, Hsun-Yu Chan

Faculty Publications

Variations in pubertal timing and tempo have relevance to psychosocial development. Accounting for pubertal timing, tempo, and psychosocial development simultaneously in a model remains challenging. This study aimed to document the typology of pubertal development in a cohort of Taiwanese adolescent boys and then to examine how the associations between psychosocial variables across time vary by the patterns of pubertal development. A group of adolescent boys (n = 1,368) reported pubertal signs and psychosocial variables for 3 years since seventh grade. The growth mixture model revealed three major classes of pubertal transition: average pubertal growth, late-onset with rapid catch-up, and …

The Emergence Of Convergence, Shana M. Sundstrom, David G. Angeler, Jessica G. Ernakovich, Jorge H. Garcia, Joseph A. Hamm, Orville Huntington, Craig R. Allen

Faculty Publications

Science is increasingly a collaborative pursuit. Although the modern scientific enterprise owes much to individuals working at the core of their field, humanity is increasingly confronted by highly complex problems that require the integration of a variety of disciplinary and methodological expertise. In 2016, the U.S. National Science Foundation launched an initiative prioritizing support for convergence research as a means of “solving vexing research problems, in particular, complex problems focusing on societal needs.” We discuss our understanding of the objectives of convergence research and describe in detail the conditions and processes likely to generate successful convergence research. We use our …

Nutrition Interventions Addressing Structural Racism: A Scoping Review, Matthew Greene, Bailey Houghtaling, Claire Sadeghzadeh, Molly De Marco, De'jerra Bryant, Randa Morgan, Denise Holston

Faculty Publications

African Americans experience high rates of obesity and food insecurity in part due to structural racism, or overlapping discriminatory systems and practices in housing, education, employment, health care and other settings. Nutrition education and nutrition-focused policy, systems and environmental changes may be able to address structural racism in the food environment. This scoping review aimed to summarise the available literature regarding nutrition interventions for African Americans that address structural racism in the food environment and compare them with the 'Getting to Equity in Obesity Prevention' framework of suggested interventions. An electronic literature search was conducted with the assistance of a …

Making Space Behind The Veil: Black Agency Within A Predominantly White Religion, Michael Wood, Grace Ann Soelberg, Jacob Rugh

Faculty Publications

The work of W.E.B. Du Bois highlights the significance of Christian religion in Black American life. According to Du Bois, the Black Church serves as a site of self-formation and affirmation, and the White Church as a source of racist beliefs and justifications for inequality. In this paper, we expand Du Bois’ inquiry about the influence of religion with a study of Black Americans who belong to a predominantly White religion. For those whose religious experience is almost wholly within the “white world,” what role does religion play in their lives? We analyze a set of 52 public accounts by …

Group Cognitive Behavioral Therapy For Substance Use Disorders Among Psychiatric Inpatients In A Medically Underserved Area: An Intervention For Opioid Misuse, Julia D. Buckner, Caroline R. Scherzer, Kathleen A. Crapanzano, Paige E. Morris

Faculty Publications

Objectives: Opioid misuse is a serious public health concern, yet few people seek treatment for this condition. Hospitals may be one opportunity to identify those with opioid misuse and to teach them skills to help manage their opioid misuse upon discharge. We tested the relationship between opioid misuse status and motivation to change substance use among patients admitted with substance misuse to an inpatient psychiatric unit in a medically underserved area in Baton Rouge, Louisiana, who attended at least 1 group session of motivation enhancement therapy combined with cognitive behavioral therapy (MET-CBT) from January 29, 2020, through March 10, 2022. …

The Racialized Violence Of Police Canine Force, Madalyn K. Wasilczuk

Faculty Publications

No abstract provided.

Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward

Faculty Publications

The nationwide movement for criminal justice reform has produced numerous proposals to amend procedural and sentencing practices in the American criminal justice system. These include plans to abolish mandatory minimum schemes in criminal sentencing; address discrimination in charging, convicting, and sentencing; reform drug policy; rectify discriminatory policies and practices in policing; assist incarcerated individuals in re-entering society when released from prison; and reorganize our system of juvenile justice. But less attention has been given to reforming the substantive content of the criminal law—specifically, to addressing flaws in how the law defines the elements of criminal culpability and deploys them in …

The Right To Social Expungement, Itay Ravid

Faculty Publications

In recent years, policy makers advancing criminal legal reform have engaged
in attempts to correct years of harsh and expansive use of criminal laws. Two
main parallel trends dominate these attempts. One is forward-looking—the
decriminalization of many activities currently punishable by the criminal legal
system. The second is backward-looking, and related—expungement and vacatur
reforms that aim to allow individuals to start fresh.

While these latter efforts are intended to erase the criminal stain from official
criminal records, the non-official domain gained less traction, leading to an
absurd reality in which news stories about individuals’ criminal histories remain
accessible in the …

Does Mitochondrial Replacement Therapy Violate Laws Against Human Cloning?, Kerry L. Macintosh

Faculty Publications

All human beings have mitochondria within their cells that produce energy.1 Most of us inherit healthy mitochondria through the eggs of our mothers,2 but some of us are not so lucky. Mutations in mitochondrial DNA (mtDNA) can cause these tiny organelles to function improperly and disrupt tissues that require a lot of energy, like the brain, kidney, liver, heart, muscle, and central nervous system.3 For example, a specific mtDNA mutation induces Leigh syndrome, a condition in which seizures and respiratory failure lead to decline in mental and motor skills, disabil- ity, and death.4 Mitochondrial replacement therapy (MRT) offers a solution …

The Texas Second Chance Non-Disclosure/Sealing Gap, Colleen Chien

Faculty Publications

Texas Gov. Code Chap. 411 allows individuals whose criminal records meet certain conditions to non-disclose or seal their records. Ascertaining, then applying the law to the criminal profiles of Texans with convictions or deferred adjudications, as reflected in the Texas Computerized Criminal History System database (CCH) obtained from the Texas Department of Public Safety (described in Appendix B), as well as a sample of 2,362 criminal histories, and then 4 extrapolating to the estimated population of 4.8M individuals in the state with conviction records and estimated population of 7M individuals in the state with any record we estimate the share …

The Clinic As A Site Of Grounded Pedagogy, Madalyn K. Wasilczuk

Faculty Publications

Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to "think like lawyers." In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to highlight for students how the place where they practice, with its particular political context and history, shapes their clients' lives and legal problems. This Article describes the law school clinic as a site of grounded pedagogy: a teaching method that centers the con­nection between local history and the present …

Legal Order At The Border, Evan J. Criddle

Faculty Publications

For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …

The Minnesota Second Chance Expungement Gap, Colleen Chien

Faculty Publications

Minnesota Statute Sections 609A, 243.166, and 609.02 define conditions under which individuals with criminal records can expunge their records. Ascertaining, then applying the law to a sample of 581,478 criminal histories of people with convictions records, and then extrapolating to the estimated population of 1.1M individuals in the state with criminal records , 2 we estimate the share and number of people who are eligible for relief but have not received it and therefore fall into the “second chance gap,” the difference between eligibility for and receipt of records relief. Importantly, we assumed that all who met the threshold criteria …

The New York Second Chance Sealing Gap, Colleen Chien

Faculty Publications

No abstract provided.

The Missouri Second Chance Expungement Gap, Colleen Chien

Faculty Publications

No abstract provided.

The Illinois Second Chance Expungement/Sealing Gap, Colleen Chien

Faculty Publications

No abstract provided.

The Oregon Second Chance Set-Aside Gap, Colleen Chien

Faculty Publications

No abstract provided.

The Constitution's Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes

Faculty Publications

The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent's deprivation of an individual's constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment's Self-Incrimination Clause by preventing a§ 1983 civil rights action against a sheriffs deputy who procured an un-Mirandized statement from a criminal suspect. Read …

Editorial Introduction: Contributing To The Policy Process Literatures, Geoboo Song, Michael D. Jones, Melissa K. Merry, Holly L. Peterson, Aaron Smith-Walter, Gwen Arnold, Rachael Moyer, Creed Tumlison

Faculty Publications

No abstract provided.

Plea Bargaining's Uncertainty Problem, Jeffrey Bellin

Faculty Publications

While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself. Critics’ primary target is the “trial penalty.” But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of “progressive prosecutors” is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …

Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf

Faculty Publications

In 2022, the United States dusted off the 1950 Uniting for Peace Resolution in order to obtain General Assembly condemnation of the Russian invasion of Ukraine. This was the first time in three decades that the Security Council and General Assembly had utilized the Uniting for Peace mechanism – a process designed to end-run a Security Council veto. Together with the General Assembly’s creation of the international investigative mechanism for Syria in 2016 over Russia’s objection, the use of the Uniting for Peace process to condemn Russia’s aggression represented a shift in power away from the Security Council and to …

Floodsafehome: Evaluating Financial Benefits And Savings Of Freeboard For Improved Decision-Making In Flood Risk Mitigation, Carol J. Friedland, Yong Cheol Lee, Rubayet Bin Mostafiz, Jiyoung Lee, Shifat P. Mithila, Robert V. Rohli, Md Adilur Rahim, Ehab Gnan, Monica Teets Farris

Faculty Publications

Freeboard—elevation of a structure above the base flood elevation (BFE)—is a critical component in mitigating or avoiding flood losses. However, the unrevealed benefits and savings of freeboard installation have prevented communities from adopting this approach. To improve decision-making for residents, prospective residents, and other stakeholders in flood-vulnerable communities and enhance flood risk mitigation strategies, this study presents the methodology underlying a new webtool, FloodSafeHome, that estimates comprehensively the economic benefits and savings of freeboard installation for new construction of residential buildings. Specifically, the proposed evaluation framework has been designed to calculate monthly savings for individual buildings by assessing freeboard cost, …

The Impact Of Marginalization On Relations With Law Enforcement And The Criminal Justice System, Angelo Kevin Brown

Faculty Publications

This chapter provides an overview of how critical race theory (CRT) has provided an important context for the racial disparities in the criminal justice system. CRT has promoted teaching the history of the criminal justice system in the United States of America (USA) and abroad from a racial perceptive. CRT scholars emphasize race because of how race and racism have shaped and impacted our society and institutions. CRT has been used to understand issues from police violence, sentencing disparities, school-to-prison pipeline, prison abolitionism, and much more. The CRT framework is especially important when it comes to understanding the disparities and …

The Criminal Side Of Cryptocurrency, Angelo Kevin Brown

Faculty Publications

As cryptocurrency (crypto) has become more and more popular, so has crypto-related crime. There has been a lack of academic research on crypto-related crime, but it is becoming more prevalent in the last couple of years. Crypto-related crime became especially significant in the impact it had on victims and the awareness of these crimes in the media and the government in late 2019 and early 2020 as various criminal organizations and criminal opportunities opened up as cryptocurrency became mainstream. The common crimes related to cryptocurrency include fraud, theft, and money laundering. In 2021 estimates of crypto-related crime were estimated to …

The California Way: An Analysis Of California’S Immigrant-Friendly Changes To Its Criminal Laws, Evangeline G. Abriel

Faculty Publications

Immigration falls exclusively within the federal government’s purview, and states are generally prohibited from legislating in the area of immigration. At the same time, however, a large number of individuals are subject to deportation, denial of admission, and denial of immigration benefits based upon convictions of state crimes, over which states generally have exclusive authority. At a time when both the federal government and some states seem determined to expand the immigration consequences of even relatively minor criminal con- duct, is there anything states can do to protect their noncitizen re- sidents? Surprisingly, yes, quite a bit. California, for example, …

Queer Mediated Practices As A Method To Center And Sustain Critical Health And Media Literacies, Alexander N. Vera, Vanessa Kitzie, Travis L. Wagner

Faculty Publications

Queer communities experience challenges when accessing accurate and comprehensive health information. These challenges span across media and information environments and threaten queer health promotion. This paper explored how 11 queer community health workers (CHWs) in a Southeastern US state respond to, subvert, and resist these challenges when creating digital health information resources for their queer communities. This longitudinal action research occurred over two years and included multiple qualitative data types. We analyzed these data using qualitative coding, following deductive and inductive strategies. Findings demonstrate how queer CHWs: 1) identified risks and barriers to health promotion their communities experienced; 2) created …