Digital Commons Network^™

Increasing The High School Graduation Rate Of Native American Students In Public Schools, Sierra M. Gibson

CMC Senior Theses

Native American students obtain the lowest on-time high school graduation rate among all races and ethnicities in the United States. Through an analysis of previously published literature and seven interviews conducted by the author, this paper sets out to identify the key barriers Native students face when working toward their high school diploma. This paper will argue that, together, a history of abusive educational tactics and an institutionally racist policies and practices adopted by the U.S. Department of Education have made it challenging for Native students to complete high school on time.

A Philosophical Analysis Of California Determinate Sentencing, Three Strikes, And Realignment, Madeline Stein

CMC Senior Theses

This thesis explores the relationship between philosophy and policy in the context of three California policies, Determinate Sentencing, Three Strikes, and Realignment. The philosophy portion includes theories of retribution, deterrence, and rehabilitation, focusing on the tensions and conflicts within them.

The Procedural Aspect Of The Rule Of Law: India As A Case Study For Distinguishing Concept From Conception, Karina T. Hwang

CMC Senior Theses

In this thesis, the concept of the procedural aspect of the Rule of Law will be distinguished from what I argue are conceptions that are falsely promulgated as concept. The different aspects of the Rule of Law—form, substance, and procedure— are helpful in making the distinction between concept and conception. Examining procedure within the Rule of Law is particularly important, and I define a broader set of requirements of the concept of the procedural aspect of the Rule of Law. This concept is applied to understand the Indian conception of the Rule of Law, a particularly interesting case that brings …

A Study On The Effect Of Marijuana Laws On Recidivism, Joseph L. Romano

CMC Senior Theses

This study examines the effects of more lenient marijuana policy on recidivism rates. Using data of prisoners by state it examined the effect that more lenient drug laws by state on that state's recidivism rates.

"A Compromise To Help The Community": Rural Sexual Assault Nurse Examiner Experiences, Rebecca R. Gonnering

All Graduate Theses, Dissertations, and Other Capstone Projects

Victims of sexual assault require specialized medical care when they report to hospital emergency departments including physical examination, evidence collection, and emotional support. Sexual Assault Nurse Examiners (SANEs) are medical professionals trained to complete the examination and evidence collection in a prompt and sensitive manner. In fact, where SANE programs exist, emergency room waiting times are shorter, evidence collection improves, and revictimization from untrained staff is reduced. Unfortunately, SANEs are not widely available, particularly in rural areas. This lack of trained examiners employed at local hospitals creates a gap in access to proper care, often resulting in long waits as …

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

Mandatory Reporting Of Campus Sexual Assault And Domestic Violence: Moving To A Victim-Centric Protocol That Comports With Federal Law, Jill C. Engle

Faculty Scholarship

This Article will examine "mandatory reporting" of campus domestic violence and sexual assault' by faculty members when a student discloses this kind of incident to them. This Article describes the legal and social landscape of mandatory reporting and the attendant challenges, along with the policies and practices that colleges should adopt for faculty reporting to comply with federal law while still remaining sensitive to victim needs.

Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero

Faculty Scholarship

For immigration scholars, Justice Field is perhaps best remembered for his majority opinion in Chae Chan Ping v. United States, the Supreme Court’s decision upholding Chinese exclusion, and credited for introducing the plenary power doctrine to immigration law. Yet, despite the opinion’s xenophobic rhetoric reflecting his personal views of the Chinese, Justice Field dissented in Fong Yue Ting v. United States, reasoning that, once they became lawful residents, the Chinese were entitled to be treated as equals under the law regardless of citizenship, a position supported by his earlier federal circuit court opinion in Ho Ah Kow v. …

Sentencing Rules And Standards: How We Decide Criminal Punishment, Jacob Schuman

Faculty Scholarship

Over the course of the past 300 years, American sentencing policy has alternated between “determinate” and “indeterminate” systems of deciding punishment. Debates over sentence determinacy have so far focused on three main questions: Who should decide punishment? What makes punishment fair? And why should we punish wrongdoers at all?

In this Article, I ask a new, fourth, question: How should we decide punishment? I show that determinate sentencing uses rules to determine sentences, while indeterminate sentencing relies on standards. Applying this insight to federal sentencing practice, I demonstrate that district court judges “depart” or “vary” from the United States Sentencing …

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci

Articles

This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …

Prosecutorial Discretion And Environmental Crime, David M. Uhlmann

Articles

In January 1991, just four weeks after joining the Justice Department’sEnvironmental Crimes Section as an entry-level attorney, I traveled to NewOrleans to attend an environmental enforcement conference. The conferencewas attended by hundreds of criminal prosecutors and civil attorneys from theJustice Department, as well as enforcement officials from the EnvironmentalProtection Agency (“EPA”). It was a propitious time for environmental protec-tion efforts in the United States. Less than two months earlier, President GeorgeH. W. Bush had signed the Clean Air Act Amendments of 1990, culminating aremarkable twenty-year period that created the modern environmental law sys-tem in the United States. My new office, …

A Matter Of Time: An Exploration Of Gender In Time Magazine Covers Since 1965, Jessica Coutler

Honors Projects

Gender is a concept that influences almost all cultures as we know them. Current literature on this topic argues that gender is not an innate characteristic of society, but rather it is socially constructed and maintained by family, peers, and institutions. The main goal of this study is to illuminate the ways in which the news media maintains the dichotomous gender system by portraying men and women in gender-stereotypical roles. This study contributes to existing literature about gender in the media as it pertains to news media, rather than advertising or media targeted at one gender such as women’s or …

Prison Overcrowding: A Comprehensive Evaluation Tool For Early Release, Thomas Stasa

Honors Projects

Prison overcrowding has become a topic of national conversation over the last decade. Numerous court cases have come to fruition because of the poor living conditions experienced by inmates while incarcerated. Prior court cases, such as Estelle v. Gamble (1976) and Brennan v. Farmer (1994), have ruled that inmates must be afforded the constitutional rights established under the Eighth Amendment while incarcerated. Recent court cases, including Plata v. Brown (2011), have affirmed inmates’ claims that current prison conditions are a violation of these constitutional rights. To correct these violations, prisons must reduce their populations below a court established maximum. This …

Factors Contributing To The Academic Success Of Low-Ses Students, Lynn Kathryn Daanen

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to identify factors that may contribute to the success of some students of poverty to complete high school through graduation. The research examined if positive teacher–student relationship behaviors, the use of learning strategies, school locality or enrollment, years of experience as a principal, and years of teaching prior to becoming a principal had an impact on the non-waivered graduation rate of some Indiana poverty high schools. The study tested for a statistically significant difference between graduation rates or types of school locales on the relationship score and the learning style score. The study also …

The Impact Of Public Service Motivation On Reentry Managers' Decision-Making Practices, Marie Pryor

Electronic Theses and Dissertations

The goal of this exploratory study is to examine the effects of public service motivation (PSM) in predicting decision-making of criminal justice personnel (reentry managers) in the management of former prisoners. The overarching research question seeks to answer if, and in what way, PSM score influences reentry managers' approach to their work with the formerly incarcerated, who are in transition from prison back into the community. The main assumption of this study is that those reentry managers with a higher PSM score will be more inclined to take an assistance oriented approach with former prisoners and be more likely to …

Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff

Psychology Faculty Scholarship

We conducted 2 studies to investigate how cultural stereotypes that depict Blacks as criminals affect the way Blacks experience encounters with police officers, expecting that such encounters induce Blacks to feel stereotype threat (i.e., concern about being judged and treated unfairly by police because of the stereotype). In Study 1, we asked Black and White participants to report how they feel when interacting with police officers in general. As predicted, Blacks, but not Whites, reported concern that police officers stereotype them as criminals simply because of their race. In addition, this effect was found for Black men but not Black …

University Of Texas At Tyler Catalog, 2015 - 2016, University Of Texas At Tyler

Catalogs

No abstract provided.

Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

The United States has repeatedly affirmed that state and local governments are vital to comprehensive human rights implementation within and throughout the country. During the 2010 UPR, the Legal Adviser to the U.S. State Department emphasized that “the best human rights implementation combines overlapping enforcement by ... the federal government working together with state and local partners.” Indeed, state and local authorities are on the front lines of addressing key human rights issues, including housing, employment, criminal justice and education. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human …

Warrantless Access To Cell Site Location Information Takes A Hit In The Fourth Circuit: The Implications Of United States V. Graham For Law Enforcement, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

On August 5, 2015 the Fourth Circuit created a major ripple in Fourth Amendment law by ruling that warrantless access to cell site location information (CSLI) over a lengthy period amounted to an unconstitutional search in United States v. Graham. While the Fourth Court ultimately upheld the defendants’ convictions by applying the Fourth Amendment’s “Good Faith” exception, the ruling created a clear split from the Fifth and Eleventh Circuits, making consideration of the issue by the Supreme Court much more likely.

This article focuses on the facts and the Fourth Amendment arguments of the majority, concurring and dissenting opinions …

Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Cyrus R. Vance, Jr., was first inaugurated as the District Attorney of New York County on January 1, 2010. Over the following four years, Mr. Vance enhanced the Manhattan District Attorney’s Office as a national leader in criminal justice by expanding the offices expertise on an array of 21st century crimes, including identity theft, cybercrime, white-collar fraud, hate crimes, terrorism, domestic violence, human trafficking, and violent and gang-related crimes.

Upon taking office, Mr. Vance modernized the Manhattan District Attorney’s Office by reorganizing its resources and creating new specialized bureaus and units, including the Cybercrime and Identity Theft Bureau, Major Economic …

Adult Justice In Nebraska 2015, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Jared Ellison, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …

Voices Of The New Graduate Majority, Jolene J. Pohl

Master of Humanities Capstone Projects

This creative project is the beginning of a broader conversation with women in graduate school about their daily lives. The current majority of students in graduate school in the United States are identified as female. The interviews collected for this project are an introduction to the new majority who are not yet fully represented in research about higher education.

College Catalog, 2015-2016, Graduate, Buffalo State College

Academic Catalogs, 1871-2018

No abstract provided.

Fetal Alcohol Spectrum Disorders: Competency I - Foundation, Uaa Center For Behavioral Health Research & Servcies

The Arctic FASD Regional Training Center

This PowerPoint was created by the University of Alaska Anchorage Center for Behavioral Health Research & Services’ CDC-funded Arctic FASD Regional Training Center in 2010 and revised in 2013. The content is based primarily on materials and resources available in CDC’s Fetal Alcohol Spectrum Disorders Competency-Based Curriculum Development Guide for Medical and Allied Health Education and Practice (2009). This guide was revised in 2015 and is available from www.frfasd.org/Comp_Guide.html. If you are using elements of this PowerPoint in another presentation, please credit the Arctic FASD Regional Training Center and the 2009 Fetal Alcohol Spectrum Disorders Competency-Based Curriculum Development Guide for …

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Faculty Articles

This Article first outlines the myriad national security threats posed by a changing climate, addressing the President’s and Congress’s powers to plan, study, and invest in climate-resilient infrastructure at military installations that are vulnerable to a rise in sea levels. Second, this Article asserts that climate change will stress and test persistent separation of powers concerns at home and abroad. Specifically, the President has less authority to protect military infrastructure domestically in the face of congressional intransigence, but has comparably greater authority as Commander in Chief to respond to climate-induced events abroad. Third, this Article argues that the threat of …

Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles

Richmond Journal of Law & Technology

The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.

Executive Branch Documents +, Ucf Libraries

Technology Fee Funded Projects

UCF Libraries, in collaboration with the Department of History and Department of Political Science, is requesting $194,381 for the one-time combined purchase of ProQuest Executive Branch Documents, ProQuest U.S. Serial Set Digital Collection, and ProQuest Congressional.

Dna Without Warrant: Decoding Privacy, Probable Cause And Personhood, Ken Strutin

Richmond Public Interest Law Review

In Part I, this article explores the challenges to privacy, personhood and probable cause raised by DNA collection as identification sanctioned in Maryland v. King. Part II considers the presumed infallibility of DNA testing that undergirds the Supreme Court's embracement of genetic identification. Lastly, in Part III, this article will try to decipher the Court's Fourth Amendment logic in denying privacy to the information in human cells but embracing them in cell phones in Riley v. California

Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich

Richmond Public Interest Law Review

In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.