Digital Commons Network^™

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Scholarly Works

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …

A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine

Scholarly Works

Over the past several decades, the United States Supreme Court has demonstrated an increasing refusal to engage in a close evaluation of the religious nature of Free Exercise and Establishment Clause claims, instead deferring to adherents’ characterizations of the substance and significance of a religious practice or belief. The Supreme Court’s hands-off approach, which it has justified on both constitutional and practical grounds, has attracted considerable scholarly attention, producing a substantial and growing body of literature assessing and, at times, critiquing the Court’s approach.

Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach …

Robotic Marriage And The Law, Mark Goldfeder, Yosef Razin

Scholarly Works

The United States, and the world at large, is in the midst of a family law revolution that will fundamentally change our very conception of family. Ethical challenges to age-old ideas have prompted people to ask foundational questions, such as how and why our most important personal relationships evolved. In a world where same-sex marriage has been legalized, it is only natural to wonder who marriage may include in the future. This essay explores the question of whether a human and a robot could ever legally marry in the United States. Through a thought experiment, it examines the legal and …

Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed

Faculty Scholarship

Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking, advocates known as abolitionists argue instead for the criminalization of the purchase of sex.

Global health governance institutions are porous to these competing ideas and ideologies. This article first historicizes the contestation between harm-reduction and abolition in global governance on health. The paper then turns to a …

Grudge Spending: The Interplay Between Markets And Culture In The Purchase Of Security, Ian Loader, Benjamin J. Goold, Angelica Thumala

All Faculty Publications

In the paper, we use data from an English study of security consumption, and recent work in the cultural sociology of markets, to illustrate the way in which moral and social commitments shape and often constrain decisions about how, or indeed whether, individuals and organizations enter markets for protection. Three main claims are proffered. We suggest, firstly, that the purchase of security commodities is a mundane, non-conspicuous mode of consumption that typically exists outside of the paraphernalia of consumer culture – a form of grudge spending. Secondly, we demonstrate that security consumption is weighed against other commitments that individuals and …

Superdelegation And Gatekeeping In Bankruptcy Courts, Melissa B. Jacoby

Faculty Publications

No abstract provided.

The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

Gender Discrimination And Title Ix Implementation: Lessons From The Office For Civil Rights Resolution Letters 1997-2011, Laura S. Johnson

Theses and Dissertations--Educational Policy Studies and Evaluation

Gender discrimination, such as sexual harassment, sexual assault and inequitable treatment has long been considered a prominent issue on higher education campuses and is regulated under the Patsy Takemoto Mink Equal Opportunity in Education Act, commonly known as Title IX. Title IX is enforced by the Department of Education’s Office for Civil Rights (OCR) who responds to gender discrimination complaints on campus through investigations resulting in what are called OCR Resolution Letters. These letters define numerous policies and procedures Institutions of Higher Education (IHE) must put in place pertaining to the prevention of gender discrimination. This qualitative study looks specifically …

Collaborations Between Lawyers And New Legal Professionals: A Path To Increase Access To Justice And Protect Clients, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

This article explores the ongoing challenge of access to affordable legal services for civil matters. Part I introduces the idea that there are a variety of innovations that could be made to improve the public’s access to justice, but this essay pays particular attention to the various relationships between advanced practice registered nurses and physicians as a possible template for associations between lawyers and other legal professionals. Part II examines the challenges to accessing justice in the current legal market. Part III discusses the rise of alternative legal professionals to serve the unmet legal market demands. Part IV looks at …

Griggs At Midlife, Deborah A. Widiss

Articles by Maurer Faculty

Griggs v. Duke Power, the Supreme Court case that held that policies that disproportionately harm minority employees can violate federal employment discrimination law even without evidence of “intentional” discrimination, recently turned forty. Griggs is generally celebrated as a landmark decision, but disparate impact’s current relevance (and its constitutionality) is hotly debated. Robert Belton’s The Crusade for Equality in the Workplace offers a rich and detailed history of the strategic choices that led to the plaintiffs’ victory in Griggs. This Review uses Belton’s history as a jumping off point to consider the contemporary importance of disparate impact in efforts to challenge …

Improving Economic Sanctions In The States, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

From With–In The Black Diamond: The Intersections Of Masculinity, Ethnicity, And Identity–An Epistolary Autoethnographic Exploration Into The Lived Experiences Of A Black Male Graduate Student, Vincent Tarrell Harris

LSU Doctoral Dissertations

From With-In The Black Diamond: (Black Diamond) autoethnographically explores the lived experiences of a Black male who navigates his way through a predominately white higher education institutions while existing within marginalized spaces related to his gender, ethnicity, and identity. Black Diamond uses epistolary writing techniques to explore question research question: 1. How has a Black Gay male graduate student studying Higher Education negotiated his way to and through predominately white higher education institutions? In order to support the answering of this question I will argue that the most influential reasons higher education literature rarely addresses controversial topics related to GLBTQ …

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman, Carol J. Greenhouse

Articles by Maurer Faculty

The pragmatics of privatization offer terrain for a critical understanding of the relationship between government and business under the conditions associated with the globalization of neoliberal capitalism. Prison privatization is especially significant in this context, given the fact that—for privatization advocates and critics alike, in the United States and elsewhere—prisons represent a bellwether for broader questions about the scope of government. We review the recent history of prison privatization in the United States from the vantage point of the policy responses to the privatization movement more generally, to highlight the various factors that, over time, made private prisons iconic of …

Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder, Aviva A. Orenstein

Articles by Maurer Faculty

In this essay and memorial to my friend and colleague, Myrna Raeder, I examine forfeiting the right of confrontation in the context of domestic violence cases. In 2004, Crawford v. Washington the United States Supreme Court reinterpreted the Sixth Amendment, requiring that for “testimonial statements” to be offered against the accused, the speaker must appear in court, or, if unavailable, must have been subject to cross-examination previously. The practical effect of Crawford was to exclude many out-of-court statements that had previously been admissible. Nowhere was the effect of Crawford more striking than in domestic violence cases, where victims often make …

Towards A New Paradigm Of Judicial Education, Mary R. Russell

Journal of Dispute Resolution

When talking about judicial education, a central question emerges: What is the goal of judicial education for judges? A simple answer springs to mind: To make us better judges, of course. This of course is a deceptively simple question with a deceptively simple answer, until there is an attempt to specifically identify how to accomplish this worthy judicial education goal, and that is where simplicity disappears

Judicial Education: Pedagogy For A Change, T. Brettel Dawson

Journal of Dispute Resolution

Canadian judges have maintained a steadfast, long-term commitment to judicial education. Through teaching one another, judges renew their vision over time, and more concretely, address their concerns and challenges today. Since its inception in 1985, the National Judicial Institute (NJI) has sought to be a partner and a resource to judges and Courts in a shared endeavour to create relevant, practical, and effective judicial education. Working together, the NJI, judges, and Courts have built a “Canadian model” of judicial education widely respected and emulated.

Is Downsizing Prisons Dangerous? The Effect Of California’S Realignment Act On Public Safety, Jody Sundt, Emily Salisbury, Mark G. Harmon

Criminology and Criminal Justice Faculty Publications and Presentations

Research Summary: Recent declines in imprisonment raise a critical question: Can prison populations be reduced without endangering the public? This question is examined by testing the effect of California’s dramatic efforts to comply with court-mandated targets to reduce prison overcrowding using a pretest-posttest design. The results showed that California’s Realignment Act had no effect on violent or property crime rates in 2012, 2013, or 2014. When crime types were disaggregated, a moderately large, statistically significant association between Realignment and auto theft rates was observed in 2012. By 2014, however, this effect had decayed and auto theft rates returned to pre-Realignment …

A Study Of After-School And Summer Programs: The Effectiveness Of Law-Related Youth Educational Programs For Adolescents In Marginalized Communities, Pamela Anne Labbe

LSU Master's Theses

It was the interest of this project to determine if law-related educational activities – when incorporated into after-school and summer programs that are rooted in marginalized communities – were effective when applied to adolescent residents. The current study is informed by theories of place, social class, social disorganization and juvenile delinquency. Using ethnographical methods, this project followed after-school and summer programs developed for youth in a South Louisiana black community characterized by pockets of poverty, blight and disorder. Through qualitative data analysis, the themes of how community operated in the target neighborhoods, how community members responded to neighborhood disorder and …

Beyond Batterers: A Primary Prevention And Adult Learning Approach To Engage Well-Meaning Men To Prevent Violence Against Women, Lorett Sturgill Swank

LSU Doctoral Dissertations

This purpose of this research is to examine the critical issue of intimate partner violence and to explore a how non-battering “well-meaning men” can help to end this violence against women. Domestic violence has been primarily considered a women’s issue, and current efforts to prevent this violence have been led mostly by women. In spite of these efforts, violence against women still persists and “well-meaning men” have not been part of a proactive solution. This growing movement to engage men in preventing violence against women, empowers men to learn about and identify the issues that support a culture that tolerates …

Contesting Unmodulated Deprivation: Sauvé V Canada And The Normative Limits Of Punishment, Efrat Arbel

All Faculty Publications

Despite a pressing need for judicial guidance on the legalities of administrative segregation, Canadian courts have yet to outline clear, comprehensive principles by which to assess its deployment. While some courts have rebuked the Correctional Service of Canada for the improper use of administrative segregation in specific cases, the regulation of the practice more broadly has proven elusive. This article turns to the Supreme Court of Canada’s prisoner voting rights decision in Sauvé v Canada for guidance in this regard. Since its release in 2002, Sauvé has been applied largely in cases involving political rights, and rarely in cases involving …

Rethinking A New Domestic Violence Pedagogy, Deborah M. Weissman

Faculty Publications

No abstract provided.

The Compassion Fatigue And Resilience Connection: A Survey Of Resilience, Compassion Fatigue, Burnout, And Compassion Satisfaction Among Trauma Responders, Harvey J. Burnett Jr, Kathleen Wahl

Faculty Publications

Research has shown that compassion fatigue is associated with burnout and compassion satisfaction. Practically no studies have examined how resilience may impact these variables. This study examined how resilience is related to compassion fatigue, burnout, and compassion satisfaction among a convenience sample of disaster behavioral health and emergency preparedness responders (N =139) attending a training conference in Michigan. Measures included the 30-item Professional Quality of Life Scale, the 14-item Resilience Scale, and a demographic questionnaire. Seventy-two percent of the participants were at risk for compassion fatigue, while 19% were at risk for burnout. Only 22% of participants had scores indicative …

Compassion Fatigue And Self-Care Strategies Among Addiction Professionals: A Qualitative Study, Amanda Depippo

USF Tampa Graduate Theses and Dissertations

Addiction is a prevalent disorder and is on the rise. Addiction has serious symptomology and can negatively impact an individual’s life in several areas. Not only can the person addicted become negatively impacted, but the addiction professional that treats this disorder can become negatively impacted as well. Because there is often a high co-occurrence of addiction and trauma among addiction clients, this intensifies the clinical profile of such clients which compounds the risk for addiction professionals. It is the addiction professional’s response to this combination of addiction and trauma that can cause these professionals to experience compassion fatigue.

Research has …

Tampa Electric Company's Big Bend Utility Plant In Hillsborough County, Florida: A Case Study, Lynne M. Hodalski-Champagne

USF Tampa Graduate Theses and Dissertations

This is an in-depth analysis of coal fire burning power plants, their effects on human health and the environment. It also employed case study data from Tampa Electric Company’s Big Bend facility to examine environmental infractions at that facility. Tampa Electric Company’s Big Bend Utility Plant, violated the Clean Air Act, which led to a lawsuit filed by the Department of Justice on behalf of the United States Environmental Protection Agency and the Florida Department of Environmental Protection in 1997. This case study details the lawsuit, and subsequent settlement as well as Tampa Electric Company’s record of compliance since 2000. …

Looking At Levels Of Medicalization In The Institutional Narrative Of Substance Use Disorders In The Military, Chase Landes Mccain

USF Tampa Graduate Theses and Dissertations

The purpose of this research is to examine the institutional narrative of substance use disorders (SUDs) in the U.S. military and the extent to which it reflects the medicalization process. Three general research questions guided my analysis of the narrative surrounding SUDs in the military: (1) How does the military characterize the problems and resolutions of SUDs? (2) How and to what extent does this narrative reflect medicalization? (3) What are the limitations inherent in the institutional narrative of SUDs in the military? In order to address these questions, I draw on three conceptual lenses: (1) The work of Loseke …

From Thinking Like A Lawyer To Acting Like A Lawyer: Externships Provide Invaluable Experience, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

Widening The Aperture On Fourth Amendment Interests: A Comment On Orin Kerr's The Fourth Amendment And The Global Internet, David G. Delaney

Articles by Maurer Faculty

Physical-world law may not be suitable for cyberspace. For example, the Supreme Court's "sufficient connection" test in U.S. v. Verdugo-Urquidez (1990) is inconsistent with the century-long trend for courts to find greater constitutional protections for those subject to U.S. jurisdiction outside the United States. Courts must maintain flexibility to conceive of a Fourth Amendment that does not depend exclusively on territory to fulfill its twin aims of ordering government and enabling redress of liberty infringements. Federal and state courts and legislatures addressing searches, seizures, and surveillance in cyberspace should seek simple rules that can easily adapt as cyberspace and government …

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

Scholarly Works

No abstract provided.

There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell

Articles by Maurer Faculty

At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas — the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces — social media and employment where …

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 …