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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.

General Education Diploma Students' Familial Attachment Experiences Influencing Premature High School Departure, Tonya Suzanne Wright-Stone

Walden Dissertations and Doctoral Studies

Lowered academic achievement and premature departure from high school continue to plague the educational system, creating the need for greater insight into experiences affecting students' classroom performance. Much is known about academic achievement; however, less research has focused on the role of familial attachment on premature departure from high school. Guided by attachment theory, the purpose of this interpretative phenomenological study was to gain insight into General Education Diploma (GED) students' familial attachment experiences influencing premature departure from high school. The research questions focused on GED students' primary caregiver and educational experiences. Participants (n = 14) consisted of current or …

Neighborhood Risks And Resources Correlated With Rates Of Successful Reentry Of Youth Returning From Detention Centers In Massachusetts, Nokuthula Sibanda

Walden Dissertations and Doctoral Studies

Youth delinquency is a major social problem in the United States with approximately 29% of youths aged 18 to 21 reoffending within the first year of release in Massachusetts. Given the amount of state resources used for youth corrections, the factors that encourage the youth to reoffend become important to understand. The purpose of this quantitative, cross-sectional correlational study was to examine whether community and environmental risks and resources are related with successful reentry of youth returning from detention centers in Massachusetts. Using the collective efficacy and routine activities theory to explain the motivations to reoffend, the study sought to …

Examining The Lived Experiences Of Child Welfare Workers, Rebecca Merle Dameron-Brown

Walden Dissertations and Doctoral Studies

The purpose of this phenomenological study was to examine the lived experiences of a homogeneous group of frontline child welfare workers in Los Angeles, CA. Data were collected using recorded in-depth, open ended interviews with 10 participants. Critical incident technique was used to collect data on specific incidents. Symbolic interactionism was the theoretical framework used. Five themes emerged during the analyses which are the main findings of this study: (1) Organizational factors contributed to the challenges and stress of the job, (2) participants shared a belief that management did not value them, (3) participants' morale and workloads were adversely affected …

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.

Comparison In Personality Profiles Between Child Abusers Versus Child Neglectors, Jodi R. Cuneo

Walden Dissertations and Doctoral Studies

Children who suffered parental abuse or neglect can be returned home if their safety can be ensured following offender treatment. However, some caregivers will continue to abuse or neglect their children upon return home, leading to additional treatment, state involvement, and harm to the child. This study assessed personality differences between child abusers and neglectors who were caregivers by applying a binary logistical regression analysis to the Minnesota Multiphasic Personality Inventory, Second Edition (MMPI-2) scores sampled from archival data for 215 caregivers. Analysis showed that the abusers had statistically significant higher scores on the F Scale ('Faking Bad'), but significantly …

The Role Of Collaborative Ontology Development In The Knowledge Negotiation Process, Norma Rivera

Open Access Theses & Dissertations

Interdisciplinary research (IDR) collaboration can be defined as the process of integrating experts' knowledge, perspectives, and resources to advance scientific discovery. The flourishing of more complex research problems, together with the growth of scientific and technical knowledge has resulted in the need for researchers from diverse fields to provide different expertise and points of view to tackle these problems. These collaborations, however, introduce a new set of "culture" barriers as participating experts are trained to communicate in discipline-specific languages, theories, and research practices. We propose that building a common knowledge base for research using ontology development techniques can provide a …

Examining The Effects Of Political Trust, Attribution Of Responsibility, And Media Framing On Public Support For Outside Intervention In The Mexican Drug War, Rodrigo Alberto Borunda

Open Access Theses & Dissertations

To what extent does the Mexican society support cooperation with foreign authorities to combat the drug cartels? Who does the Mexican society trust in combating the drug cartels? Employing survey data from the Roper Center along with original experimental data, I examine the determinants of public support for foreign cooperation to combat drug cartels. Focusing on different forms of the U.S.-Mexico cooperation, I explore which type and form of foreign intervention is most acceptable to the Mexican public. Specifically, I examine public support for the following forms of cooperation: training Mexican police and military personnel, providing money and weapons to …

"What, To A Prisoner, Is The Fourth Of July?": Mumia Abu-Jamal And Contemporary Narratives Of Slavery, Luis Omar Ceniceros

Open Access Theses & Dissertations

Writing from a specifically Black postmodern perspective, former death row inmate Mumia Abu-Jamal composes his multimedia slave narrative as a postmodern Neo-slave narrative. From the Atlantic slave-trade to the United States prison-industrial complex, from Quobna Ottobah Cugoano to Mumia Abu-Jamal, the slave narrative exists as a critique against oppressive State powers and a collective affirmation of interiority and embodied significance. For Abu-Jamal, his incarceration is indicative of an ever-pervasive capitalist power-structure that in the past has, in the present is, and in the future will control designated groups of made marginalized masses in order that preeminent capitalist beneficiaries preserve elite …

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 …

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 …

High School Mathematics Teachers' Connective Knowledge Of The Challenges And Possibilities In Implementing The Flipped Learning Model: An Embedded Mixed-Methods Study, Karla Huereca

Open Access Theses & Dissertations

The impact of technology advancements in our current society continues to transform the ways in which we interact with each other, and the educational field has not been exempt from this transformation. Integration of technology in schools has influenced educators to seek new ways of teaching that adapt to the needs of students who are impacted by a digital wave. That is the case of a new instructional approach, which is being known as the Flipped Learning Model (FLM). The FLM intends to use pre-recorded video lessons to teach outside the classroom and incorporate homework and problem solving inside the …

Memory, State Violence, And Revolution: Mexico's Dirty War In Ciudad Juárez, Vanessa Claire Johnson

Open Access Theses & Dissertations

After the uprising that took place in Madera, Chihuahua on September 23, 1965, the first armed challenge to the state since the Mexican Revolution, the north became a region of historical significance for understanding the subsequent "Dirty War" that spanned from the late 1960s to the early 1980s. Ciudad Juárez was a key locale in which a wide variety of revolutionary groups conducted both open and clandestine activities. Attempting to rouse the masses, a dedicated few organized protests, counter-meetings, popular assemblies, and launched a prepa popular to reorganize and democratize education. The Mexican state responded to these events with repression, …

Effect Of Cooperativeness Of The Parent On Juvenile Probation Officer Decision-Making Using A Randomized Controlled Design, Tamara Kang

Open Access Theses & Dissertations

Juvenile probation officers acknowledge the importance of gaining the parents' cooperation during supervision to ensure the best chance for rehabilitation. However, there is reason to believe that officers may attend to parental cooperativeness to inform decisions on how much to involve the parent in supervision. The importance of the parent is well accepted, but the effect of parental cooperation on officers' decisions concerning the juvenile's fate on supervision has yet to be examined. Aim 1 of this study examined the extent to which an officer's response to a first instance and second instance of noncompliance was affected by the cooperativeness …

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 …

Vulnerable, Not Voiceless: Outsider Narrative In Advocacy Against Discriminatory Policing, Nicole Smith Futrell

Faculty Scholarship

Despite significant declines in the reported use of stop and frisk and the hope for post-litigation policing reform, it is evident that there are a number of ways in which aggressive, discriminatory policing remains a concern in New York City and in other cities around the nation. This Article suggests that legal advocates must understand and promote the role of narrative in their efforts to address the criminalization of vulnerable communities. Specifically, the transformative nature of outsider narratives from the anti-¬stop and frisk context provides valuable insights for mobilization lawyering against racialized policing.

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 …

The Role Of Alcohol In Violence: The Individual, Small Group, Community And Cultural Level, Aleksandra J. Snowden

Social and Cultural Sciences Faculty Research and Publications

The goal of this paper is to review our understanding of the role that alcohol plays in violence. This paper provides a literature review of various theoretical mechanisms and of empirical tests of those theoretical propositions across four different levels of analysis: individual, small group, community, and cultural. Alcohol-violence association is evident in not only the individuals who consume alcohol, but also in the social interactions of those individuals, the communities, and the countries in which those individuals live. Acknowledging the alcohol-violence association at one level, without considering the influence of alcohol on violence at other levels, fails to capture …

Honoring And Celebrating Myrna Raeder, Brett Dignam

Faculty Scholarship

It is a great privilege to be honoring Myrna Raeder and to celebrate her impressive career, scholarship and personhood. How appropriate to bring together scholars and advocates who share and will carry on her passions. Thank you everyone at Southwestern Law School who worked so hard to imagine and realize this symposium, for gathering us together, and for giving us the opportunity to reflect on the many gifts and fierce challenges Myrna gave to each of us. There is no finer tribute we can give than to carry on her work – the development of ideas and the encouragement of …

The New Permanency, Joshua Gupta-Kagan

Faculty Scholarship

Permanency is a pillar of child welfare law; children generally do better with legally permanent caretakers than in temporary foster care. Historically, when foster children cannot reunify with their parents, states have sought to terminate parental rights and find adoptive families. But recent legal reforms have created a continuum of permanency options, many of which permit ongoing legal relationships with biological parents and do not require termination of biological parents’ rights. Research has demonstrated that such options are as lasting as adoption, and can help more children leave foster care to legally permanent caretakers. This continuum promises to empower families …

Postmarital Family Law: A Legal Structure For Nonmarital Families, Clare Huntington

Faculty Scholarship

Family law is based on marriage, but family life increasingly is not. The American family is undergoing a seismic shift, with marriage rates steadily declining and more than four in ten children now born to unmarried parents. Children of unmarried parents fall far behind children of married parents on a variety of metrics, contributing to stark inequality among children. Poverty and related factors explain much of this differential, but new sociological evidence highlights family structure — particularly friction and dislocation between unmarried parents after their relationship ends — as a crucial part of the problem. As the trend toward nonmarital …

Return Of The Jrad, Jason A. Cade

Scholarly Works

Ignacio Diaz Aguilar’s felony conviction for document forgery made him a priority for deportation and disqualified him from the possibility of discretionary relief from removal, despite apparently significant equities and mitigating factors. And yet, when Federal District Court Judge Jack B. Weinstein sentenced Mr. Aguilar, he recommended that the government not deport him, even though no legal rules provided him with a route to that result. This essay places Judge Weinstein’s recommendation in a broader context, explaining its importance within the modern deportation regime. Statutory reforms and new agency practices have made criminal history the primary marker of noncitizen undesirability. …