Digital Commons Network^™

The Association Between School Climate And School Discipline Policies And Practices In Rhode Island Public Schools, Anna G. Lubiner

Open Access Dissertations

Exclusionary discipline practices have been associated with a range of negative student outcomes, both academic and behavioral, as well as a higher likelihood of later school drop-out and involvement in the juvenile justice system. Alternatively, more positive school climate has been associated with a variety of favorable student outcomes including higher levels of academic achievement and fewer behavioral infractions. The purpose of this study was to explore the relationship between school climate and exclusionary discipline practices and policies in the Rhode Island public elementary and secondary schools. More specifically the study sought to investigate the association between teacher and student …

Wealth Determines Health: Socioeconomic Status And Life Expectancy In Washington, Dc, Jessica Rose Garafola

Harriet L Wilkes Honors College Theses 2010 - 2019

Socioeconomic status has profound impact on one’s health. A person is able to spend more on health and wellness when that person has more disposable income. Socioeconomic status therefore affects people’s biology over their lifetime, making them more or less susceptible to chronic illness. This rate of chronic illness within a population will obviously be related to the life expectancy of the community. Firstly, this thesis examines socioeconomic status in Washington, D.C., where there is wide inequality between people living only miles away. Secondly, this thesis correlates, among the eight wards in Washington, D.C., the different aspects of socioeconomic status …

Privatization And Its Discontents: The Troubling Record Of Privatized Prison Health Care, Dan Weiss

University of Colorado Law Review

As part of a decades-long national trend towards privatization, local governments have turned to private contractors to provide health care in American prisons and jails. Ostensibly, the driving force behind this phenomenon is a desire to cut costs in an era of expanding prison health care expenditures and contracting governmental revenue streams. Local government officials build the cost-cutting incentive directly into their contracts via fixed-rate payment structures and cost-sharing provisions for off-site emergency treatment. While these contracts encourage cost-reduction, they simultaneously discourage proper oversight; their indemnification clauses render local governments largely immune from financial consequences when contractors deny emergency care …

How National Park Law Really Works, John Copeland Nagle

University of Colorado Law Review

This Article provides the first explanation of the relationship between three overlapping sources of national park law. It first explains how the Organic Act affords the National Park Service substantial discretion to manage the national parks, including deciding the proper balance between enjoyment and conservation in particular instances. It next shows how federal environmental statutes push national park management toward preservation rather than enjoyment. Finally, the Article explains that Congress often intervenes to mandate particular management outcomes at individual parks, typically but not always toward enjoyment rather than preservation. The result is that the National Park Service has substantial discretion …

Front Matter, Smu Law Review

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

How The Law Should View Voluntary Child Soldiers: Does Terrorism Pose A Different Dilemma?, Cristina Martinez Squiers

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Chasing The ‘Hounds Of Hell’: Howard Thurman’S Jesus And The Disinherited As A Curriculum For Racial Justice And Reconciliation, Sandra Richards Mayo

International Christian Community of Teacher Educators Journal

This essay explores the implications of the Trayvon Martin case for educators who must contend with the complexities of race in the context of schooling. With the assumption that race continues to function as an important category in social arrangements, this essay addresses the following questions: What is the role of race and racial stereotyping in educational disparities? How can educators work purposely toward a curriculum of racial justice and reconciliation? Drawing on the work of African American theologian and civil rights leader Howard Thurman, this essay argues that new approaches to social justice education should address both the extrapersonal …

Mandating Discretion: Juvenile Sentencing Schemes After Miller V. Alabama, Jennifer S. Breen, John Mills

Faculty Scholarship

No abstract provided.

Reorienting Restorative Justice: Initiating A New Dialogue Of Rights Consciousness, Community Empowerment And Politicization, Thalia Gonzalez

Faculty Scholarship

For the last three decades scholars have explored the practice of restorative justice as a crime control mechanism in a multitude of settings. Much of the discourse has focused on restorative justice as an alternative to traditional punitive and retributive criminal justice processes. Whether restorative or punitive, criminal justice processes that seek to address harm are not apart, above, or outside social, cultural and political relations. This Article seeks to initiate a new dialogue of justice and argues that the ontology of restorative justice should to be viewed to include a liberatory moment of politicization focused on promoting equality and …

The Hidden Life Of Andrew Taslitz, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Limits Of Moral Argument: Reason And Conviction In Tadros' Philosophy Of Punishment (With Response By Victor Tadros), Eric Blumenson, Victor Tadros

Suffolk University Law School Faculty Works

For generations, philosophers of punishment have sought to revise or combine established theories of punishment in a way that could reconcile the utilitarian aims of punishment with the demands of deontological justice. Victor Tadros’ recent work addresses the same problem, but answers it with an entirely original theory of punishment based on the duties criminals acquire by committing their crimes. The unexpected appearance of a new rationale for punishment has already inspired a robust dialogue between Tadros and his critics on many of the individual claims that, linked together, comprise his argument. This critique focuses instead on Tadros’ theory as …

Intra-Group Stigma: Examining Peer Relationships Among Women In Recovery For Addictions, Alana J. Gunn, Kelli E. Canada

Social Work Faculty Scholarship

This grounded theory study explores how women with histories of addiction perceive stigma while in treatment. In-depth interviews were conducted with 30 women participating in a residential drug treatment centre. Previous research has found that support from peers during recovery can be critical to managing illnesses. In fact, researchers have postulated that peers can be a more effective form of support than even family. This study extends existing literature indicating that peer support systems can be supportive, however they can also can be perceived as negative support that impose stigmas. Findings reveal that women perceive stigmas due to how various …

Tributes To The Honorable Arthur L. Alarcón United States Court Of Appeals For The Ninth Circuit

Loyola of Los Angeles Law Review

The Loyola of Los Angeles Law Review is pleased to publish this Tribute to Judge Arthur L. Alarcón of the United States Court of Appeals for the Ninth Circuit.

TRIBUTE AUTHORS

Laurie L. Levenson
President Jimmy Carter
Justice Nora M. Manella
Judge Gregory W. Alarcón
Paula Mitchell
Judge Stephen Reinhardt
Chief Judge Sidney R. Thomas
Judge Sandra R. Klein
Judge William C. Canby, Jr.
Judge Jerome Farris
Judge Alfred T. Goodwin
Judge Susan Graber
Judge Michael Hawkins
Judge Andrew Kleinfeld
Judge Dorothy Nelson
Judge Mary Schroeder
Judge Richard C. Tallman
Judge J. Clifford Wallace
Judge Kim McLane Wardlaw

The Roberts Court In 2013–14—Looking Beyond The Rhetoric, Evan Gerstmann

Loyola of Los Angeles Law Review

No abstract provided.

Daytonian 2015, University Of Dayton

University Yearbooks

University of Dayton student yearbook. Early yearbooks cover St. Mary's Institute. Annual publication of the Daytonian began in 1923; it was not published in 1929, 1932-1934 and 1944. Short volumes highlighting the graduating class were published in 1930, 1931 and 1945 under different titles.

Revisiting The Client Conundrum: Whom Does Lawyer For A Government Represent, And Who Gives Direction To That Governmental Lawyer?, Hugh D. Spitzer

Articles

The issue of identifying a government attorney’s client is age-old, and Washington’s Rules of Professional Conduct provide somewhat different answers for lawyers who are government employees and for those who are with private firms. The matter becomes even more interesting when a government entity’s attorney is a publicly-elected legal official: an attorney general, prosecuting attorney, or city attorney in the case of Seattle and a number of other cities around the country. Others have written thoughtful pieces on the topic from a national perspective, and there is at least one excellent but slightly outdated piece by District of Columbia municipal …

Economic Migration Gone Wrong: Trafficking In Persons Through The Lens Of Gender, Labor, And Globalization, Dana Raigrodski

Articles

This Article argues for an economic analysis of human trafficking which primarily looks at globalization, trade liberalization, and labor migration as the core areas that need to be explored to advance the prevention of human trafficking.

Part I briefly examines the prevailing criminal law enforcement framework regarding human trafficking—both at the international level and in the United States—which stems out of viewing human trafficking as primarily a threat to global security and an underground industry of transnational criminal enterprises. It argues that while criminalization no doubt helped bring much needed attention (and resources) to human trafficking, the narrow criminal law …

Can Americans Resist Surveillance?, Ryan Calo

Articles

This Essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for privacy-friendly politicians, challenge surveillance in court, adopt encryption or other technologies, and put market pressure on companies not to cooperate with law enforcement.

In practice, however, many of these avenues are limited. Reform-minded officials lack the capacity for real oversight. Litigants lack standing to invoke the Constitution in court. Encryption is not usable and can turn citizens into targets. Citizens can extract promises from companies to push back against …

Beyond Respectability: Dismantling The Harms Of "Illegality", Angélica Cházaro

Articles

Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a “path to earned citizenship.” However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to whom the path to citizenship is barred—such as those with prior deportation orders, prior criminal convictions, and those who have yet to arrive. The problem begins with rhetoric: in making the push for legalization, immigrant rights groups have deployed imagery of the undocumented as law-abiding, hard-working, and family-oriented—the …

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Articles

This brief narrative captures the second wave of “immigrant sanctuary”—a term used to describe the state and local government practice of restricting police departments from participation in immigration enforcement. The immigrant sanctuaries of the Homeland Security era are of unique significance given the ongoing dialogue among legal scholars regarding the significance of local law enforcement participation in national and domestic security administration after 2001, as well as the legal framework structuring cooperative security governance.

Despite the broad powers wielded by the federal government in security administration, the Supreme Court’s holding in Printz v. United States serves as a substantial check …

Where There's A Will There's A Way: An Examination Of In Re Estate Of Kesling And The South Dakota Supreme Court's Application Of The Plain Meaning Rule, Jarell A. Dillman

South Dakota Law Review

No abstract provided.

The Cohabitation Aggravation: Third-Party Consent And The Fourth Amendment Following Fernandez V. California, Alexis A. Yackley

South Dakota Law Review

No abstract provided.

2015 - 2016, Gardner-Webb University Graduate Academic Catalog, Gardner-Webb University

Graduate Academic Catalogs

2015 - 2016, Gardner-Webb University Graduate Academic Catalog. A. Frank Bonner, president.

Chaidez V. United States - You Can't Go Home Again, Aram A. Gavoor, Justin M. Orlosky

Notre Dame Journal of Law, Ethics & Public Policy

This article examines a 2013 Supreme Court decision, Chaidez v. United States, in which the Court declined to apply retroactively another recent decision, Padilla v. Kentucky. To many observers, Chaidez appears to be a discrete departure from previous Sixth Amendment right to counsel jurisprudence. On a personal level, noncitizens who pled guilty to a crime without being apprised of the plea’s removal risks are now unable to seek redress under Padilla and return to their homes in the United States. This article examines relevant Sixth Amendment and retroactivity jurisprudence and proposes an explanation for the Court’s apparent aboutface.

The Security Council's Maritime Piracy Resolutions: A Critical Assessment, Yaron Gottlieb

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

The United Nations Security Council (UNSC) has been among the most active international actors in addressing maritime piracy. Notably, within a relatively short timespan (June 2008 - November 2012), it has unanimously adopted a significant number of Resolutions dedicated entirely to the surge in this criminal phenomenon. The piracy Resolutions are multifaceted and contain a number of innovative aspects, at least some of which have gone relatively unnoticed. Notably, it is the first time that a crime of ordinary law characteristics has been the focus of Resolutions adopted under Chapter VII of the UN Charter. This article explores the various …

Does Customary International Law Obligate States To Extradite Or Prosecute Individuals Accused Of Committing Crimes Against Humanity?, Eveylon Corrie Westbrook Mack

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

When Is Hiv A Crime? Sexuality, Gender And Consent, Kim Shayo Buchanan

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.