Digital Commons Network^™

Aggressive And Depressed: Long-Term Outcomes Of Childhood Maltreatment, Elizabeth Dotson

EWU Masters Thesis Collection

"Prior research has established a relationship between childhood maltreatment and resulting maladaptive outcomes, specifically, aggressive behaviors and depressive symptomology. The present research sought to extend the current body of literature by determining whether distinctive forms and functions of aggression are related to severity of childhood maltreatment, and whether gender plays a moderating role in this relationship, and if depression is uniquely associated with maltreatment and aggression type within an undergraduate population. Results were analyzed through a 2 x 2 between­ group factorial analysis of variance. Findings from the current study suggest that physical and psychological abuse are the strongest predictors …

Who Shouldn't Prosecute The Police, Kate Levine

Faculty Publications

The job of investigating and prosecuting police officers who commit crimes falls on local prosecutors, as it has in the wake of a number of highly public killings of unarmed African-Americans since Michael Brown died in August 2014. Although prosecutors officially represent “the people,” there is no group more closely linked to prosecutors than the officers they work with daily. This Article focuses on the undertheorized but critically important role that conflict-of-interest law plays in supporting the now-popular conclusion that local prosecutors should not handle cases against police suspects. Surprisingly, scholars have paid little attention to the policies and practices …

How We Prosecute The Police, Kate Levine

Faculty Publications

Police brutality is at the center of a growing national conversation on state power, race, and our problematic law enforcement culture. Focus on police conduct, in particular when and whether it should be criminal, is on the minds of scholars and political actors like never before. Yet this new focus has brought up a host of undertheorized questions about how the police are treated when they become the subject of criminal prosecutions.

This Article is part of a larger project wherein I examine the ways in which criminal procedure is different for the police than other suspects. Here, my focus …

Police Suspects, Kate Levine

Faculty Publications

Recent attention to police brutality has brought to the fore how police, when they become the subject of criminal investigations, are given special procedural protections not available to any other criminal suspect. Prosecutors’ special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused officers, has received the lion’s share of scholarly and media attention. But police suspects also benefit from formal affirmative rights that protect them from interrogation by other officers. Police, in most jurisdictions, have a special shield against interrogation known as the Law Enforcement Officers’ Bill of Rights (LEOBORs). These statutes and negotiated …

Conviction By Prior Impeachment, Anna Roberts

Faculty Publications

Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed. (1) it relies on assumptions belied by data; (2) it has devastating impacts on individual trials; and (3) it contributes to many of the criminal justice system's most urgent dysfunctions. Yet critiques of the practice are often paired with resignation. Abolition is thought too ambitious because this practice is widespread, long-standing, and beloved by prosecutors. Widespread does not mean universal, however, and a careful focus on the states that have abolished this practice reveals arguments that overcame prosecutorial resistance and …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Corporate Criminal Liability For Algorithmic Price Fixing In Canada, Theodore Milosevic

Canadian Journal of Law and Technology

The use of computerized algorithms is increasingly common in the modern business environment. An algorithm can be defined as ‘‘a set of mathematical instructions or rules that, especially if given to a computer, will help to calculate an answer to a problem.” As noted in this definition, algorithms are particularly powerful tools when combined with computing power. The proliferation of computerized algorithms in business settings has occasionally led to unintended and injurious outcomes. This is perhaps most notable in relation to the algorithmic trading of securities. The 2010 ‘‘Flash Crash” of the United States (U.S.) financial markets, during which key …

Digital Evidence And The Adversarial System, Colton Fehr

Canadian Journal of Law and Technology

Scholars have observed that the adversarial system tends to provide courts with only a ‘‘small snapshot of the technological whole,” which in turn forms the record upon which broader legal pronouncements occur. As a result, they contend that legislatures should be more proactive in making rules governing complex and rapidly advancing technologies, and that courts must show deference to these rules. Other scholars retort that, in practice, legislatures often fail to update obviously flawed and outdated privacy provisions. Whether due to special interest influence, majoritarian dislike of criminal suspects, or other institutional constraints, legislative responses have been wanting. As such, …

Predictability Of Delinquency Through Psychosocial And Environmental Variables Across Three Generational Status Groups, Margaret Frances Sabia

Walden Dissertations and Doctoral Studies

Issues such as the rapid growth of the immigrant youth population and delinquency among adolescents generate public safety concerns among the U.S. population. However, delinquency intervention strategies for immigrant youth in the United States remain scant, which is problematic because these youth face acculturative challenges that increase their risk for maladaptive outcomes. This quantitative, cross-sectional study addressed a research gap regarding the differential influence of risk factors in predicting delinquency across 3 generational statuses. The theoretical framework guiding the study consisted of acculturation theory, the immigrant paradox, and differential association theory. Two research questions were evaluated using a stratified random …

Experiences And Perceptions Regarding Emergency Telephone Number Use Relative To Civic Engagement, Jacquetta Mccoy

Walden Dissertations and Doctoral Studies

Lack of engagement in public service awareness education programs, coupled with reduced funding to implement a diversion system such as 311 systems or 10-digit phone numbers, contribute to 911 misuse. Many local governments have invested in alternative systems, but research regarding community members' use of 911 or alternatives relative to civic engagement is lacking. Guided by Gordon's conceptualization of civic engagement, this phenomenological study bridged the gap in knowledge by exploring community members' civic involvement and their use of 911 between 2012 and 2015 in a county in the state of Georgia. A snowball sampling strategy was used to select …

The Impact Of African-Centered Psychotherapy On Depressive Symptoms And Africentric Worldview In African Americans, Larae Tillis

Walden Dissertations and Doctoral Studies

Depression is a prominent issue in the African American community. However, there are significant gaps in the literature on the delivery and outcomes of culturally relevant mental health psychotherapy to African Americans. Cultural variables, such as worldview, have been noted to impact an individual's overall psychosocial functioning and have significant implications for mental health service delivery. The purpose of this study was to use archival data to analyze the impact of African-centered therapeutic services on depressive symptoms and on Africentric worldview among African Americans. Archival data on 38 African American adults, recorded from 2012-2015, were obtained from a community mental …

Cyber-Victimization And Delinquency: A General Strain Perspective, Ian D. Greenwood

Graduate Student Theses, Dissertations, & Professional Papers

This study examines juvenile delinquency and cyber-victimization from a general strain perspective. General strain theory provides a model where strain is experienced through the (1) loss of something valued, (2) the presentation of noxious stimuli, or (3) the inability to achieve valued goals. As a coping mechanism for strain, some juveniles react through criminal or delinquent behavior. This thesis predicts that cyber-victimization increases the likelihood of physical fighting, weapon-carrying, and truancy at school. Using the 2013 National Crime Victimization Survey: School Crime Supplement, the hypotheses are analyzed using multivariate logistic regression models that include other known correlates of delinquency. Marginal …

Canadian-Nigerian Human Rights Engagements (1999-2011): An Introduction, Obiora C. Okafor

Articles & Book Chapters

More contemporary Canadian-Nigerian human rights engagements have occurred against the backdrop of a relatively long history of engagement in this area between the two countries, and alongside an even longer history of Canadian-Nigerian relations more generally. These are histories within which one must situate the human rights engagements between these countries during the specific period under study here. As is well known, Canada established diplomatic relations with Nigeria shortly after Nigeria’s independence from British colonial rule in 1960. Nigeria reciprocated in 1973. It is noteworthy that Canada has for several decades now funded or otherwise supported many human rights efforts …

Warranting Legislative Action: The Search For Wyoming Court Authority To Issue Extraterritorial Search Warrants For Electronically Stored Information, Sean Michael Larson

Wyoming Law Review

No abstract provided.

Emotions In The Courtroom: How Sadness, Fear, Anger, And Disgust Affect Jurors’ Decisions, Victoria Estrada-Reynolds, Kimberly A. Schweitzer, Narina Nuñez

Wyoming Law Review

No abstract provided.

Effects Of The Illinois Budget Crisis On Home-Based Childcare Businesses, Okeycha Pettigrew

All Capstone Projects

There are over 800,000 children in Illinois that need to be placed in early learning programs. Many programs are closing due to the lack of financial support from government programs that provide financial assistance to parents who cannot afford to pay for childcare. The budget crisis that Illinois is currently experiencing has caused a decrease in funding early childhood education, and has cut many programs that are beneficial to home-based childcare businesses. What is happening to the children and the families that depend on childcare assistance? How does that affect the economy? What will happen to the communities that need …

The Trouble With The Death Penalty, Abigail Hood

Writing Across the Curriculum

For almost as long as the death penalty has been used, it has been a subject of debate.

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Saint Louis University Law Journal

No abstract provided.

Making Black And Brown Lives Matter: Incorporating Race Into The Criminal Procedure Curriculum, Cynthia Lee

Saint Louis University Law Journal

No abstract provided.

Burying The Lede: Why Teaching The Due Process Cases Is Critical To Investigations In Criminal Procedure, Tracey L. Meares

Saint Louis University Law Journal

No abstract provided.

Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John R. Mills, Anna M. Dorn, Amelia Courtney Hritz

American University Law Review

No abstract provided.

Are Institutions Of Higher Education Failing To Protect Students?: An Analysis Of Title Ix's Sexual Violence Protections And College Athletics, Anita M. Moorman, Barbara Osborne

Marquette Sports Law Review

None

Uf Law Magazine Fall 2016, University Of Florida Levin College Of Law

UF Law Magazine

College of Law Highlights; Class Notes; Dean Launches Summer Tour

Toward Lawyering As Peacemaking: A Seminar On Mindfulness, Morality, And Professional Identity, Angela P. Harris

Richmond Public Interest Law Review

In the last few years, a number of books and articles have touted the idea that lawyering should be seen as a form of “peacemaking.” The peacemakers argue that “new lawyer” practices, such as “holistic lawyering,” “collaborative lawyering,” and old and new forms of alternative dispute resolution are transforming lawyering itself. Instead of pursuing victory over the opposing party, lawyers are looking for mutually beneficial settlements; in- stead of functioning as gladiators, lawyers are becoming experts at “trans- forming practices,” finding ways to bring peace and happiness to them- selves and their clients.

In the fall of 2010, Professor Stephanie …

Pro Bono Scholastici: Getting Out Of The Building While Remaining In The Classroom, B. Allen Wall

Richmond Public Interest Law Review

The author discusses his experience in developing his personal identity in law school and cultivating purpose while helping one illegal immigrant faced with deportation.

The Pregnancy Penalty, Michele Goodwin

Health Matrix: The Journal of Law-Medicine

Punishing pregnant women increasingly serves as a litmus test in political discourse, inviting more than a metaphor about state sanctioned violence targeted at women. In 2016, candidates for the United States presidency threatened to defund Planned Parenthood if elected and a leading candidate promised he would "punish" pregnant women who seek abortions. Other presidential candidates urged that even victims of rape and incest should be forced to carry their pregnancies to term, imposing yet another penalty or strike against sexually violated women and girls. Local legislatures and governors show equal contempt for and desire to penalize women in the United …

Human Trafficking: How A Joint Task Force Between Health Care Providers And Law Enforcement Can Assist With Identifying Victims And Prosecuting Traffickers, Megan Helton

Health Matrix: The Journal of Law-Medicine

The article discusses how a joint task force between health care providers and law enforcement can assist with identifying victims and prosecuting traffickers in the U.S. Topics discussed include legislation criminalizing human trafficking; laws protecting victims of human trafficking; and ways to combat human trafficking in the United States.

America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate

Law Faculty Publications

Review of Bryan Stevenson's book, Just Mercy: A Story of Justice and Redemption, published by Spiegal & Grau in 2014.

Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias

Law Faculty Publications

In this piece, Professor Carl Tobias descriptively scrutinizes the nomination and confirmation regimes throughout the administration of President Barack Obama. The article critically evaluates selection finding that persistent Republican Senate obstruction resulted in the greatest number of unoccupied posts for the longest duration, briefly moderated by the 2013 detonation of the “nuclear option,” which constricted filibusters. Nevertheless, the article contends when the Grand Old Party (GOP) attained a chamber majority, Republicans dramatically slowed the nomination and confirmation processes after January 2015. Therefore, openings surpassed ninety before Congress is scheduled to reassemble. Because this dilemma erodes rapid, inexpensive, and equitable disposition, …

We Were Treated Like Machines : Professionalism And Anti-Blackness In Social Work Agency Culture, Mark D. Davis

Theses, Dissertations, and Projects

This exploratory study sought to answer two overarching research questions: (1) To what extent is there color-blind anti-Black bias in the way that professionalism is defined and enforced in social work agency culture? (2) What are exacerbating and ameliorating factors for this anti-Black bias? I developed a mixed-methods online questionnaire and recruited 246 participants via e-mail and Facebook. Participants were mostly White female social workers 18-39 years old, though the sample was disproportionately African American as compared with the general social worker population. When participants were asked if they perceived anti-Black bias in professionalism at their agencies, 42.7% answered yes …