Digital Commons Network^™

On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton

Faculty Publications

Regardless of whether the Supreme Court rightly upheld Oklahoma’s execution protocol in Glossip, Oklahoma officials had inadequate reason to choose midazolam as the anesthetizing agent in its procedure. Their decision is one example illustrating Seema Shah’s point that death penalty states are engaged in “poorly designed experimentation that is not based on evidence.” Shah argues that “an important factor” causing the high rate of botched executions is that lethal injection reform is a type of human subjects research that is going unregulated. Shah argues that research requirements, such as informed consent and IRB review, are necessary to render the research …

Timing Brady, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Immigrant Victims, Immigrant Accusers, Michael Kagan

Scholarly Works

The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third …

Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Psychology-the science of how people think, feel and behave-has a great deal to teach about a range of core competencies related to working with people and making good decisions. For example, psychologists have conducted extensive research into perception, memory, communication, individual and group decision-making, conflict, goal setting and planning, self-assessment, motivation, "grit," and many other matters that are central to effective lawyering. This research has much to contribute to an understanding of the work of lawyers and can be effectively incorporated into how we teach law students to practice law.

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma Marouf

Scholarly Works

This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and procedural …

Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell

Scholarly Works

Access to justice efforts have been focused more on access than justice, due in part to the framing of access to justice issues around the presence or absence of lawyers. This article argues that access to justice scholars and activists should also think about social justice and provides a roadmap for running a legal services program geared toward making court systems more just. The article also further develops the concept of “poor people’s courts,” a term that has been used to describe courts serving large numbers of low-income people without representation. The article argues that access to justice efforts can …

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

Fairly Pricing Guilty Pleas, Anne R. Traum

Scholarly Works

Building on Professor Andrew Taslitz’s work, this article explores how Fair Price Theory can help us analyze the fairness of guilty pleas. In Judging Jena’s D.A., Professor Taslitz used Fair Price Theory to explore how prosecutors could strive to achieve fairness and reduce the perception of racial stigma. He used Fair Price Theory to propose a system of prosecutorial ethics that takes into account racial stigma. This article considers how Fair Price Theory challenges courts to analyze guilty pleas differently, by focusing on price without relying on the agency of prosecutors. Under current doctrine, a court examines whether the …

Assumed Sane, Fatma Marouf

Scholarly Works

In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to recognize the …

Hunter S. Thompson And Gonzo Journalism As Literature, Michael P. Kiernan

EWU Masters Thesis Collection

No abstract provided.

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma E. Marouf

Faculty Scholarship

Although ICE's shackling practices vary across the country, in at least some jurisdictions ICE has exercised its authority under the 1988 Memorandum to indiscriminately shackle all detainees. The exact extent of this practice is unknown, but recent litigation suggests that it is not uncommon. In fact, such litigation indicates that ICE has indiscriminately shackled detainees even in courtrooms located outside of detention facilities, such as the San Francisco Immigration Court. Consequently, detained noncitizens frequently appear in immigration court looking like criminals, wearing orange jumpsuits, handcuffs, leg irons, and belly chains, even though there has been no individualized determination that they …

A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor

Faculty Scholarship

In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Faculty Scholarship

This year the Supreme Court denied certiorari to Cecelia Cathleen Rodriguez, a 61- year old woman from Oklahoma sentenced to life in prison. Her crime was theft of two purses from a department store. Ms. Rodriguez hoped that the Supreme Court would see fit to upend her conviction or declare her sentence excessive. Ms. Rodriguez's family reported to the state court that she has struggled with heroin addiction since the 1960s, leading to numerous arrests on petty charges. The majority of her extensive record was composed of petty thefts, drug possession, and other nonviolent offenses. The stolen bags in this, …

Monroe Freedman: Servant Leader, Bridge Builder, Susan Saab Fortney

Faculty Scholarship

Without question, Monroe was dedicated to serving others, wholeheartedly committed to helping clients and community members achieve their potential. As many have attested, Monroe epitomized the servant leader who freely gives time and support to others. I hope that the many people whom Monroe touched will continue to be sustained by Monroe’s ethic of service.

The Essence Of Alternative Education: A Phenomenological Study Of The Lived Experiences Of At-Risk Secondary Alternative School Students, Latunya Glenn Means

Theses and Dissertations

What do the lived experiences of at-risk high school students reveal about the essence of alternative education? This phenomenological study sought to reflectively examine the experiences of at-risk students who are being educated in a large, Type II, alternative school in South Carolina. The research participants are high school students-- grades 9-12--who have spent at least one year in a traditional high school setting and at least one year in the County Alternative Program (CAP). The literature review highlighted the historical role of high schools in the United States, the role of high schools, high school redesign and the evolving …

In The Eye Of The Beholder: Exploring The Dialogic Approach To Police Legitimacy, Justin Nix

Theses and Dissertations

In recent years, police legitimacy has generated a great deal of scholarly attention. Numerous studies carried out in a variety of settings have demonstrated that citizens are more likely to perceive the police as a legitimate authority when they interact with citizens in a procedurally fair way. In turn, citizens become more likely to accept police decisions, comply with the law, and cooperate with the police. Yet until very recently, scholars have only focused on citizen perceptions of legitimacy while neglecting the perspective of the police themselves. It may very well be that the police believe other ideals are more …

Consumer Cloud Robotics And The Fair Information Practice Principles: Recognizing The Challenges And Opportunities Ahead, Andrew Proia, Drew Simshaw, Kris Hauser

Scholarly Works

Rapid technological innovation has made commercially accessible consumer robotics a reality. At the same time, individuals and organizations are turning to "the cloud" for more convenient and cost-effective data storage and management. It seemed only inevitable that these two technologies would merge to create cloud robotics, "a new approach to robotics that takes advantage of the Internet as a resource for massively parallel computation and sharing of vast data resources." By making robots lighter, cheaper, and more efficient, cloud robotics could be the catalyst for a mainstream consumer robotics marketplace. However, this new industry would join a host of modern …

From Lonesome Cowboys To Geek Masculinities: A Study Of Documentary Films On The Financial Crisis, Frank Rudy Cooper

Scholarly Works

Space is a vantage point from which masculinity can be critiqued and understood. Documentary film-makers employ specific mode(s) to relate space to masculinity by positioning themselves vis-à-vis the interviewees, and the interviewees vis-à- vis the viewers. A financial crisis may threaten the hegemonic masculinity embodied by Wall Street’s lonesome cowboys and provide a chance for film-makers to critique this type of masculinity. This article analyses three documentary films, I.O.U.S.A., Capitalism: A Love Story, and Floored, which were released after the 2008 economic crisis in the United States. The films contain three prototypes: the lonesome cowboy; white, working-class masculinity; and hypermasculinity. …

Gay Liberation In The Illiberal State, Stewart Chang

Scholarly Works

A comparative analysis of incrementalist approaches to gay rights as they are deployed in the United States and Singapore demonstrates that seeking gay rights in a full democracy is actually no better than seeking them in an authoritarian regime. Incrementalism ultimately promotes sexual nornativity by dividing the gay community into "good gays," who deserve equal protections, and "bad queers," who are further marginalized. Incrementalism in the United States began with decriminalization of sodomy and terminated with the recognition of gay imarriage but did so by imagining gay sexuality within the context of committed relationships. The gay rights movement in Singapore …

Dean's Column: Unlv Law Students Making Tracks In Carson City, Anne R. Traum

Scholarly Works

No abstract provided.

Policing And The Clash Of Masculinities, Ann Mcginley

Scholarly Works

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods, but the relationship between police officers and their victims is not …

Ethnic Discrimination: Measurement And Associations With Smoking-Related Outcomes Among Arab Male Current And Former Smokers In Israel, Amira Osman

Theses and Dissertations

We evaluated the psychometric properties of two instruments used to assess ethnic discrimination among Arabs in Israel. The “Experiences of Discrimination” (EOD) scale was adapted to assess interpersonal ethnic discrimination (EOD-A) and a new measure was developed to assess perceptions of institutional group discrimination (IGD) against Arabs as an ethnic group. Then, we examined the association between each form of ethnic discrimination (interpersonal and institutional) and smoking outcomes among Arab men from Israel, and whether social support and coping efficacy moderate these associations. Data were analyzed from a cross-sectional study of Arab male current and former smokers, aged 18-64. A …

Relationships Between Law Enforcement Officer-Involved Vehicle Collisions And Other Police Behaviors, John Andrew Hansen

Theses and Dissertations

Specialization and versatility regarding officer negative outcomes have different implications for agency policies and practices. Versatility suggests interventions that address several problematic behaviors, while specialization may necessitate more targeted interventions. If officers who engage in one form of negative behavior are also more likely to be involved in other undesired outcomes than co-monitoring behaviors via early intervention systems or other mechanisms may be an effective means of identifying problematic officers. The threat posed by officer-involved motor vehicle collisions to the safety of police and the public has received increased attention from practitioners and researchers in the past decade or so. …

Criminology On Crimes Against Humanity: A North Korean Case Study, Megan Alyssa Novak

Theses and Dissertations

In the last century, modern technology has significantly increased human interaction across the globe. The growing globalization of our society has created new areas of interest for many academics. This thesis explores the topic of international crime—specifically, state perpetrated crimes against humanity. Criminologists have become increasingly interested in large-scale atrocities and several theories on the topic have been perpetuated in the last few decades. Through a case study, this research determined that current theories are capable of explaining crimes against humanity in North Korea. Additionally, the findings suggest that international institutions should create programs that utilize restorative justice techniques.

The Rock And The Hard Place: How The Prison Psychotherapist Balances Treatment Needs With Security Needs, Elijah Paige Ricks

Open Access Theses & Dissertations

Research on traditional psychotherapy suggests that the quality of the relationship between the therapist and client is the most important element of effective mental health work. In contrast, prison policies often require that staff maintain an emotional distance from offenders, and many elements of the prison environment and characteristics of the offenders may be counterproductive to the therapeutic relationship. Due to the competing demands of psychotherapy and prisons, it is important to understand how prison psychotherapists reconcile the aims of both in their work. This Dissertation examined the psychometric properties of a new measure of how prison therapists balance the …

Immigration And Family Violence At The Household Level Of Analysis: Examining The Effects Of Immigrant Culture And Neighborhood Structure, Jorge Luis Hernandez

Open Access Theses & Dissertations

This study concerns the relationship between immigration and family violence at the household level of analysis. Previous studies have suggested that immigrant status - particularly first generation immigrant status - is not associated with crime. However, the same cannot be said about their descendants the second and third generations; as they are not as insulated from crime as their forefathers. This study measures the following variables which are relevant to the immigration and family violence relationship; immigrant generational status, acculturation levels, patriarchy, family oriented values, collective efficacy, surveillance, and measures of informal social control. This study finds that there is …

One Size Does Not Fit All: Looking Beyond Homeless Housing-First And Housing-Ready Approaches To Enhanced Models Of The U.S.-Mexico Border And New York City, Jacqueline Loweree

Open Access Theses & Dissertations

This study explored two "enhanced" service and housing models for homeless persons in the U.S.-Mexico border and in New York City. From data collected in both regions, this study examined the relationship between homeless recidivism and the provision of services. The results suggest that services alone have minimal impact in reducing homeless recividism. This study also reviews the relationship between homelessness and poverty. To evaluate this interconnection, a socio-historical analysis was presented reviewing the application of poverty theories from the last two centuries, to policy-driven approaches with aims to treat indigence, poverty, inequality and more contemporary homeless issues. Using the …

Keep Your Head Up: Building Life Skills In Youth For Social Reintegration And Success, Olga Lizbeth Ochoa

Open Access Theses & Dissertations

There are multiple factors that contribute to a juvenile's future incarceration when facing difficult environmental circumstances: adjudication (it is like an adult criminal conviction, but generally does not subject the youth to the same direct consequences), community characteristics, the age a young person is discharged, criminal history, and gender. This research is important because it applies social science research in community-based settings to address a social concern, moves beyond theoretical research while contributing to a new orientation of an applied project, and provides a model of university-community partnerships for finding innovative strategies to address issues of social concern for local …

Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber

Richmond Journal of Law & Technology

Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”

Examining Health Professional Students’ Attitudes On Interprofessional Education, Suzanne Carr

Open Access Dissertations

There is a growing need for healthcare teams to effectively collaborate and communicate to improve patient outcomes. The need to improve patient care has been well established and cited by the Institute of Medicine’s (IOM) Committee on Quality Health Care in America landmark report, To Err Is Human: Building a Safer Health System (IOM, 1999; Kohn, Corrigan, & Donaldson, 2000). Health educational programs are known to be a gateway to changing behaviors of health professionals to impact practice and direct patient care. Interprofessional Education (IPE) has been identified as a viable mechanism to increase the collaboration and communication of health …