Digital Commons Network^™

Vicarious Battering: The Experience Of Intervening At A Domestic Violence-Focused Supervised Visitation Center, Tracee Parker

Antioch University Dissertations & Theses

This descriptive phenomenological research illustrated the experience of women who worked in a supervised visitation program (SVP) specifically developed to address safety concerns related to allegations of domestic violence. The SVP policies and procedures were designed not only to prevent physical assault and abduction but also to intervene in vicarious battering—a term introduced to describe the attempts by men who battered to exert control over, undermine, and/or intimidate the mothers of their children via interactions with their children and the visitation staff. The results of this research demonstrated the challenges of intervening in the context of court-ordered supervised visitation. Data …

Solitary By Any Other Name: Silence To Segregation In American Prisons, Chelsea Van Aken

Master's Theses

This thesis examined the United States’ ability to circumvent international and constitutional law in regards to solitary confinement in American prisons. Drawing on scholarship examining inmates’ rights and inmates’ resistance movements, international human rights doctrine, United States constitutional law, activist led movements, and inmate testimony, the thesis demonstrates that the United States is able to simultaneously claim that it is meeting its human rights violations while resisting reforms to both state and federal current policy of warehousing inmates in solitary confinement for decades at a time through two strategies. First, the United States utilizes framing strategies to deny the use …

A Phenomenological Study: Foster Care Youth Aging Out Of The System, Guy Thompson

Theses and Dissertations

The purpose of this applied dissertation was to explore the lived experiences of teens aging out of foster care, in an effort to better understand their needs. While the child welfare system is geared towards family preservation, reunification, and adoption, most young adults transitioning from the foster care system are not reunited with family members or are only reunited as a last resort. Unfortunately, every year, thousands are leaving the support of the foster care system, unprepared. Youth departing the child welfare system are not gradually transitioned into becoming self-sufficient. They do not have an effective support system available if …

Exploration Of The Transition And Retention Experiences Of Military In-Residence Secondary Boarding School Alumni At 4-Year Universities, Robert E. Hayhurst

Theses and Dissertations

Researchers have suggested that the number of adults holding advanced academic degrees across the population in the United States is falling behind those within the developed nations. Student retention is critical to U.S. colleges and universities’ retention. Retention of in-residence military high school graduates after they enter college is the research problem upon which this study was focused. Understanding the distinct perspective of in-residence military high school graduates can contribute to the improvement of persistence and retention programs for traditional college students; however, a search of the literature revealed an incomplete and unbalanced body of empirical research about this unique …

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Suing Under 42 U.S.C. § 1983 For Violation Of The Fifth Amendment: How The Eighth Circuit Should Determine When A Case Commences, Hilary Minor

North Dakota Law Review

No abstract provided.

Unraveling The Law Of War, Stephen J. Ellmann

Articles & Chapters

No abstract provided.

Can Prosecutors Be Both Coach And Referee?, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Sharing Property, Kellen Zale

University of Colorado Law Review

The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …

Book Note: Too Big To Jail: How Prosecutors Compromise With Corporations, By Brandon L. Garrett, Maya Pearlston

Osgoode Hall Law Journal

OVER THE PAST DECADE, the criminal justice system has been confronted with a staggering increase in prosecutions of corporations. In Too Big to Jail: How Prosecutors Compromise with Corporations,1 Brandon L. Garrett explores the “hidden world” of corporate prosecutions2 and looks at what happens when a major company is prosecuted in the United States. Using compiled data of corporate settlement agreements and convictions from the past decade, the author reveals that prosecutors fail to effectively punish corporate crimes. Garrett draws upon his research to bring the necessary attention to corporate crime and to reflect on whether enough is being done …

Book Review: The Corporate Criminal: Why Corporations Must Be Abolished By Steve Tombs And David Whyte, Joan Brockman

Osgoode Hall Law Journal

This is a book review of The Corporate Criminal: Why Corporations Must Be Abolished by Steve Tombs and David Whyte

Acceptability Of Aggression Among Children Who Reside With Substance-Abusing Parents: The Influence Of Behavioral Dysregulation, Exposure To Neighborhood Violence, And Interparental Violence, Michelle L. Kelley, Abby L. Braitman, Robert J. Milletich, Brittany F. Hollis, Rachel E. Parsons, Tyler D. White, Cassie Patterson, Brianna Haislip, J. Matthew Henson

Psychology Faculty Publications

The present study examined how interparental violence, neighborhood violence, behavioral regulation during parental conflict, and age predicted beliefs about the acceptability of aggression and the acceptance of retaliation against an aggressive peer among youths. Participants were 110 families (mothers, fathers, and children) in which one or both parents met criteria for substance use disorder. Results of a bootstrapped multivariate regression model revealed higher exposure to neighborhood violence predicted greater acceptability of general aggression, whereas higher father-to-mother violence perpetration predicted lower acceptability of general aggression. Higher exposure to neighborhood violence, behavioral dysregulation during parental conflict, and older child age predicted greater …

Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz

American University Law Review

No abstract provided.

Regulating Identity: Medical Regulation As Social Control, Matt Lamkin

Articles, Chapters in Books and Other Contributions to Scholarly Works

New biomedical technologies offer growing opportunities not only to prevent and treat illnesses, but also to change how healthy people think, feel, behave, and appear to others. Controversies over these nontherapeutic practices are a pervasive feature of contemporary American culture, from students on "study drugs" and cops on steroids to skin-lightening by black celebrities and the over-prescription of antidepressants. Yet the diversity of these controversies often masks their common root-namely, disputes about the propriety of using medical technologies as tools for shaping one's identity.

Some observers believe these so-called "enhancement" practices threaten important values, offering unfair advantages to users and …

Vawa 2013'S Right To Appointed Counsel On Tribal Court Proceedings- A Rising Tide That Lifts All Boats Or A Procedural Windfall For Non-Indian Defendants, Jordan Gross

Faculty Law Review Articles

This Article addresses a question that seems like it would be easy to answer, but is actually quite complex-when is an indigent defendant entitled to counsel at the public's expense in the United States? The answer is complex because it depends on what the indigent is charged with, what sentence he receives, and who prosecutes him. The Sixth Amendment guarantees an accused the assistance of counsel in "all criminal prosecutions."' The Supreme Court has said that the Sixth Amendment right to counsel includes the right to effective assistance of counsel, and the right to appointed counsel at public expense for …

Automobiles—Administrative Law And Procedure – Statutes: University Police Officers In Hot Pursuit Of Expanding Jurisdiction Kroschel V. Levi, 2015 Nd 185, 866 N.W.2d 109, Amber Cleveland

North Dakota Law Review

No abstract provided.

Incarcerated Men And The Etiology Of Intimate Partner Violence, Roxanne Swogger

Antioch University Dissertations & Theses

This study explored the lived experiences of 15 incarcerated men with a history of intimate partner violence.This qualitative grounded theory study revealed the impact significant loss in childhood, the most critical being the loss of a parent, had on these men.The results showed a significant loss set in motion a series of adaptive and maladaptive interpersonal behaviors with significant others, primarily parents and intimate partners that continued through adulthood and incarceration.The grounded theory dimensional analysis revealed five primary dimensions that described the dominant social processes described by the participants.These processes were:seeking, overcoming, blaming, controlling, and disengaging behaviors.The consequences of these …

Psychoneuroimmunology: Enhancing Treatment Efficacy And Reducing Sexual Offender Recidivism In Court-Mandated Treatment, Cameron F. Zeidler

Antioch University Dissertations & Theses

Despite astronomical costs, state-funded sex offender treatment has a sole purpose of protecting communities at large. Designed to treat sexual psychopaths, costly state risk management programs are required to use traditional, outdated treatment models, which lack empirical support, lack published research, and lack curricula written at the seventh grade reading level. Psychoneuroimmunology (PNI) eagerly proves to be a new modality for Psychoeducation (PE) enhancing treatment efficacy and reducing offender recidivism in court-mandated treatment. The distinction in the present study is the difference between PE alone (control group) and PE with PNI (experimental group). Specifically, this study investigated the extent to …

Twenty-First Century Regression: The Disparate Impact Of Hiv Transmission Laws On Gay Men, Siobhán Elizabeth Stade Murillo

Law Student Scholarship

No abstract provided.

Do Religious Exemptions Save?, Maimon Schwarzschild

Faculty Scholarship

No abstract provided.

Race, Class, And Access To Civil Justice, Sara Sternberg Greene

Faculty Scholarship

After many years of inattention, policymakers are now focused on troubling statistics indicating that members of poor and minority groups are less likely than their higher-income counterparts to seek help when they experience a civil justice problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience a civil justice problem, and inaction is even more pronounced among poor blacks. Past work on access to civil justice largely relies on unconfirmed assumptions about the behavior patterns and needs of those experiencing civil justice problems. At a time when increased attention and resources are being devoted to …

Rare As Hens' Teeth: The New Geography Of The American Death Penalty, Brandon L. Garrett

Faculty Scholarship

Today, only a few dozen scattered counties actually impose death sentences, supporting the death penalty’s arbitrariness.

Privatizing Public Litigation, Margaret H. Lemos

Faculty Scholarship

Government litigators increasingly use private resources—human and financial—to support their efforts in court. In some cases, government entities hire private lawyers to perform legal work on behalf of the government; in others, they draw on private donations to fund litigation; and in some cases they do both, relying on privately funded private lawyers to litigate cases in the government’s name. These mergers of public and private can be understood as part of broader trends toward the privatization of government services. This Article uses lessons from the privatization debates to illuminate the likely costs and benefits of bringing private actors into …

Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin

Faculty Scholarship

Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …

Policing The Countryside In A Devolving United Kindgom, Rb Yarwood, A Wooff

School of Geography, Earth and Environmental Sciences

No abstract provided.

Baghdad’S Thirdspace: Between Liminality, Anti-Structures And Territorial Mappings, Sana Murrani

School of Art, Design and Architecture

Wedged in-between the dense urban grain of Baghdad, blast walls of t-shaped concrete have littered the streets and neighbourhoods since 2003, after the US led invasion. The idiosyncrasy of these walls lies in their exaggerated spatial liminality. They appear, change location and disappear overnight, and on a daily basis, leaving Iraqis to navigate through labyrinths of in-between spaces. This article critically reveals the new social and power structures that have emerged in the context of the city in response to the condition resulting from this unique urban intervention. This uncanny spatial and social condition of permanent liminality will be analysed …

Promoting Mental Health And Preventing Mental Illness In General Practice, Kurt C. Stange

Faculty Scholarship

This paper calls for the routine integration of mental health promotion and prevention into UK General Practice in order to reduce the burden of mental and physical disorders and the ensuing pressure on General Practice. The proposals & the resulting document (https://ethicscharity. files.wordpress.com/2015/09/rcgp_keymsg_150925_v5.pdf) arise from an expert ‘Think Tank’ convened by the London Journal of Primary Care, Educational Trust for Health Improvement through Cognitive Strategies (ETHICS Foundation) and the Royal College of General Practitioners. It makes 12 recommendations for General Practice: (1) Mental health promotion and prevention are too important to wait. (2) Work with your community to map risk …

Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis

Faculty Scholarship

A defining feature of public sector employment is the regular change in elected leadership. Yet, we know little about how elections influence public sector careers. We describe how elections alter policy outputs and disrupt the influence of civil servants over agency decisions. These changes shape the career choices of employees motivated by policy, influence, and wages. Using new Office of Personnel Management data on the careers of millions of federal employees between 1988 and 2011, we evaluate how elections influence employee turnover decisions. We find that presidential elections increase departure rates of career senior employees, particularly in agencies with divergent …

Campus Prism: A Report On Promoting Restorative Initiatives For Sexual Misconduct On College Campuses, David R. Karp Phd, Julie Shackford-Bradley, Robin Wilson, Kaaren Williamsen

School of Leadership and Education Sciences: Faculty Scholarship

The Campus PRISM Project (Promoting Restorative Initiatives for Sexual Misconduct) includes an international team of researchers and practitioners who are deeply invested in reducing sexual and gender-based violence by exploring how a restorative approach may provide more healing and better accountability.