Digital Commons Network^™

Coastal Wetland Response To Sea‐Level Rise In A Fluvial Estuarine System, Karim Alizad, Scott C. Hagen, James T. Morris, Stephen C. Medeiros, Matthew V. Bilskie, John F. Weishampel

Faculty Publications

Coastal wetlands are likely to lose productivity under increasing rates of sea‐level rise (SLR). This study assessed a fluvial estuarine salt marsh system using the Hydro‐MEM model under four SLR scenarios. The Hydro‐MEM model was developed to apply the dynamics of SLR as well as capture the effects associated with the rate of SLR in the simulation. Additionally, the model uses constants derived from a 2‐year bioassay in the Apalachicola marsh system. In order to increase accuracy, the lidar‐based marsh platform topography was adjusted using Real Time Kinematic survey data. A river inflow boundary condition was also imposed to simulate …

Individual Differences And Rating Errors In First Impressions Of Psychopathy, Christopher T.A. Gillen, Henriette Bergstrom, Adelle E. Forth

Faculty Publications

The current study is the first to investigate whether individual differences in personality are related to improved first impression accuracy when appraising psychopathy in female offenders from thin-slices of information. The study also investigated the types of errors laypeople make when forming these judgments. Sixty-seven undergraduates assessed 22 offenders on their level of psychopathy, violence, likability, and attractiveness. Psychopathy rating accuracy improved as rater extroversion-sociability and agreeableness increased and when neuroticism and lifestyle and antisocial characteristics decreased. These results suggest that traits associated with nonverbal rating accuracy or social functioning may be important in threat detection. Raters also made errors …

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.

Consolidating Local Criminal Justice: Should Prosecutors Control The Jails?, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …

References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams

Faculty Publications

"Think of the poor judge who is reading ... hundreds and hundreds of these briefs," says Chief Justice John G. Roberts, Jr. "Liven their life up just a little bit. . . with something interesting." Lawyers can "liven up" their briefs with references to television shows generally known to Americans who have grown up watching the small screen. After discussing television's pervasive effect on American culture since the early 1950s, this Article surveys the array of television references that appear in federal and state judicial opinions. In cases with no claims or defenses concerning the television industry, judges often help …

Post-Trial Pleas Bargaining In Capital Cases: Using Conditional Commutations To Remove Weak Cases From Death Row, Adam M. Gershowitz

Faculty Publications

Plea bargaining accounts for over ninety percent of criminal convictions and it dominates the American criminal justice system. Yet, once a defendant is convicted, bargaining almost completely disappears from the system. Even though years of litigation are on the horizon, there is nearly no bargaining in the appellate and habeas corpus process. There are two reasons for this. First, prosecutors and courts typically lack the power to alter a sentence that has already been imposed. Second, even if prosecutors had the authority to negotiate following a conviction, they would have little incentive to do so. Affirmance rates in ordinary criminal …

A Nation Divided: Science, Religion, And Public Opinion In The United States, Shiri Noy, Timothy L. O'Brien

Faculty Publications

No abstract provided.

Specialized Disaster Behavioral Health Training: Its Connection With Response, Practice, Trauma Health, And Resilience, Christiana D. Atkins, Harvey J. Burnett Jr

Faculty Publications

This study examined the relationship between having training in key disaster behavioral health (DBH) interventions and trauma health (compassion fatigue, burnout and compassion satisfaction), resilience, the number of crisis responses participated in within the last year, and the frequency of assembling to practice crisis interventions skills. Data was collected from a convenience sample of disaster behavioral health responders (N = 139) attending a training conference in Michigan. Measures included the Professional Quality of Life Scale, the 14-item Resilience Scale, and a demographic questionnaire. Point biserial correlations revealed that having training in large and small group crisis interventions and individual …

The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus

Faculty Publications

No abstract provided.

Foreword: A New Frontier In Criminal Justice Reform, Kami Chavis

Faculty Publications

Each author featured in this issue of the Wake Forest Journal of Law & Policy explores different aspects of the criminal justice system in the United States, and they come to the same conclusion that there is widespread consensus that in order for our system to fully embody the ideals of our nation and our great Constitution, critical reforms must occur at every stage within the criminal justice process.

There is currently strong momentum and bipartisan support to encourage changes that will impact not only those currently imprisoned, but also those in the pipeline to prison, and recent policy shifts …

Pay-For-Performance In Prison: Using Healthcare Economics To Improve Criminal Justice, W. David Ball

Faculty Publications

For much of the last seventy-plus years, healthcare providers in the United States have been paid under the fee-for-service system, where providers are reimbursed for procedures performed, not outcomes obtained. Providers, insurers, and consumers are motivated by different individual and organizational incentives; costs and burdens of patient care are shifted from one part of the system to another. The result has been a system that combines exploding costs without concomitant increases in quality. Healthcare economists and policymakers have reacted by proposing a number of policies designed to reign in costs without sacrificing quality. One approach is to focus on the …

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Category Errors And Executive Power, Jonathan H. Adler

Faculty Publications

The purpose of this brief essay is to provide some clarity in the muddled discussion over executive power. Specifically, the aim is to help clarify what sorts of actions taken by the executive branch can be properly characterized as “enforcement” actions—where the President’s inherent authority to exercise prosecutorial discretion applies—and what sorts of actions cannot. Specifically, this essay seeks to explain why some particularly controversial actions—such as the Administration’s decision to delay the so-called employer mandate imposed by the Affordable Care Act (ACA) and to “tailor” the application of federal regulations governing greenhouse gas emissions under the Clean Air Act …

The Pedagogy Of Trauma-Informed Lawyering, Deeya Haldar, Sarah Katz

Faculty Publications

“Trauma-informed practice” is an increasingly prevalent approach in the delivery of therapeutic services, social and human services, and now legal practice. Put simply, the hallmarks of trauma-informed practice are when the practitioner puts the realities of the client’s trauma experiences at the forefront in engaging with the client, and adjusts the practice approach informed by the individual client’s trauma experience. Trauma-informed practice also encompasses the practitioner employing modes of self-care to counterbalance the effect the client’s trauma experience may have on the practitioner.

This article posits that teaching trauma-informed practice in law school clinics furthers the goals of clinical teaching, …

“A False Idea Of Economy”: Costs, Counties, And The Origins Of The California Correctional System, W. David Ball

Faculty Publications

Realignment in California comes at a time when the state’s prison system is expensive and overcrowded; the response has been to reevaluate and reconfigure the way counties use state prisons. Based on an original historical analysis of state archival records from the late nineteenth and early twentieth centuries, as a well as a review of secondary historical accounts of California’s prison system, I show that similar problems and policies were present at the state’s founding: issues of expense, overcrowding, and the county-state relationship help to explain the origins, size, and shape of the California prison system. California’s lack of money …

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Faculty Publications

No abstract provided.

In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner

Faculty Publications

This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …

Assessing Probation Officers’ Knowledge Of Offenders With Intellectual Disabilities: A Pilot Study, Paige Dunlap

Faculty Publications

The prevalence of offenders with intellectual disabilities (ID) is increasing. Studies have shown that although most probation officers will have offenders with ID on their caseload, these officers have received minimal training to effectively interact with this population. Additionally, no studies have assessed probation officers' knowledge of people with ID. This study has two aims: to pilot test the Probation Officer Knowledge of Intellectual Disabilities Assessment, and to evaluate the instrument's reliability and validity. Test-retest, internal consistency, item-total correlation, Cronbach's alpha, item difficulty, and construct validity were assessed for the instrument. Descriptive statistics and reliability coefficients analysis were conducted. The …

Category Errors And Executive Power, Jonathan Adler

Faculty Publications

In the context of implementing the Affordable Care Act and the Clean Air Act, the Obama Administration has asserted not only the authority to determine when, and how stringently, to enforce relevant provisions, but also the authority to waive or delay legal obligations enacted by Congress. These actions have prompted accusations that the Administration is exceeding the proper bounds of executive authority. The ensuing debate – and litigation – over these actions has generated a good deal of confusion about the nature and scope of executive power. Commentators have often misunderstood or mischaracterized the nature of the acts taken and …

Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael M. O'Hear, Darren Wheelock

Faculty Publications

In the space of a few short years in the 1990s, forty-two states adopted truth in sentencing (“TIS”) laws, which eliminated or greatly curtailed opportunities for criminal defendants to obtain parole release from prison. In the following decade, the pendulum seemingly swung in the opposite direction, with thirty-six states adopting new early release opportunities for prisoners. However, few of these initiatives had much impact, and prison populations continued to rise. The TIS ideal remained strong. In the hope of developing a better understanding of these trends and of the prospects for more robust early release reforms in the future, the …

Justice Reinvestment And The State Of State Sentencing Reform, Michael M. O'Hear

Faculty Publications

The national Justice Reinvestment Initiative has arguably been the most important development in American sentencing policy in the past decade. This essay introduces an issue of the Federal Sentencing Reporter that focuses on the JRI. The essay highlights both strengths and weaknesses of the JRI, particularly from the standpoint of reducing mass incarceration in the United States.

The Communistic Inclinations Of Sir Thomas More, David Ray Papke

Faculty Publications

No abstract provided.

Public Attitudes Toward Punishment, Rehabilitation, And Reform: Lessons From The Marquette Law School Poll, Michael M. O'Hear, Darren Wheelock

Faculty Publications

Since the late 1990s, many opinion surveys have suggested that the American public may be growing somewhat less punitive and more open to reforms that emphasize rehabilitation over incarceration. In order to assess current attitudes toward punishment, rehabilitation, and the criminal justice system, we collected survey data of 804 registered voters in Wisconsin. Among other notable results, we found strong support for rehabilitation and for the early release of prisoners who no longer pose a threat to public safety. However, we also found significant divisions in public opinion. For instance, while black and white respondents largely shared the same priorities …

Exploring Differing Experiences Of Homelessness In Hawai‘I: Extended Executive Summary, Kristen D. Gleason Phd, Charlene Baker, John P. Barile

Faculty Publications

This study focused on understanding the diversity of ways individuals and families have experienced homelessness in Hawai‘i. Understanding this diversity can help target solutions and better address the range of service needs (Jahiel & Babor, 2007). Several research studies over the past two and a half decades have examined diversity in homeless populations by categorizing them into groups or types (e.g., Aubry, Klodawsky, & Coulombe, 2012; Bonin, Fournier, & Blais, 2009; Solarz & Bogat, 1990). One early study by Kuhn and Culhane (1998) is perhaps the most famous and applied typology of homelessness, classifying homeless individuals based on their shelter …

Exploring Differing Experiences Of Homelessness In Hawai‘I: Full Report To Stakeholders Part Ii, Kristen D. Gleason Phd, John P. Barile, Charlene Baker

Faculty Publications

Because high rates of homelessness have become a growing concern across the U.S., a number of policies, programs, and strategies have been developed to prevent homelessness and to addess the needs of those without a home (Culhane, Park, & Metraux, 2011). As it is unlikely that a one sizefits-all approach to homelessness can be effective, it is important for there to be a wide range of service approaches available to address the issue (Yuan, Vo, & Gleason, 2014). As important is determining how to best target the available services to meet the varied needs of those experiencing homelessness.

Exploring Differing Experiences Of Homelessness In Hawai‘I: Full Report To Stakeholders Part I, Kristen D. Gleason Phd, Charlene Baker, John P. Barile

Faculty Publications

In many cities and towns across the U.S., homelessness has arisen as a prominent and difficult problem to address (Quigley, Raphael, & Smolensky, 2001). It has become a public health and humanitarian concern at both the national level and at the state level in Hawai‘i. The recent Homeless Service Utilization Report for Hawai‘i State, which tracks administrative data related to homeless service usage across the state, shows that the number of homeless individuals in Hawai‘i has steadily grown since 2007, with a record 14,954 individuals receiving services in the last fiscal year (Yuan, Vo, Gleason, & Azuma, 2016). Hawai‘i is …

Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson

Faculty Publications

Ongoing, systematic research on civil legal needs and services is an essential component of improving the quality and availability of such services. Collaboration among researchers, legal services providers, and regulators will only become more important as innovations in the delivery of legal services progress. This volume brings together sixteen white papers by subject matter experts who assess "what we know and need to know" about various aspects of civil legal services delivery. The product of a partnership between the South Carolina Law Review and the ABA Commission on the Future of Legal Services, the collection is intended to serve as …

Principled Policing: Warrior Cops And Guardian Officers, Seth W. Stoughton

Faculty Publications

Policing in the United States is in crisis. Public confidence in policing is at the lowest point since the Rodney King beating. A bare majority of Americans still report confidence in the police, and an unprecedented number of people report no or very little confidence in policing. A long history of poor police/community relations in minority and low-income neighborhoods has been exacerbated by egregious acts of misconduct, some of which have been captured on video and shared on social media. Activists, politicians, and police officials themselves have called for better education and equipment, from de-escalation training to body-worn camera systems. …

A Tribute To Wil Smith, Maine Law Class Of 2006, Jennifer Wriggins

Faculty Publications

No abstract provided.