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Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu

Articles

The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."

Five Questions For The Next Thirty Years Of Federal Sentencing, Steven L. Chanenson

Faculty Publications

No abstract provided.

Data Collection And The Regulatory State, Ahmed Ghappour

Faculty Scholarship

The following remarks were given on January 27, 2017 during the Connecticut Law Review’s symposium, “Privacy, Security & Power: The State of Digital Surveillance.” Hillary Greene, the Zephaniah Swift Professor of Law at the University of Connecticut School of Law, offered introductory remarks and moderated the panel. The panel included Dr. Cooper, Associate Professor of Law and Director of the Program on Economics & Privacy at Antonin Scalia Law School at George Mason University, Professor Ghappour, Visiting Assistant Professor at UC Hastings College of the Law, Attorney Lieber, Senior Privacy Policy Counsel at Google, and Dr. Wu, Professor of Law …

Desisting In Prison: Myth And The Council For Unity Model, Kevin Moran

Dissertations, Theses, and Capstone Projects

This dissertation is a qualitative examination of aspects of the desistance process among incarcerated men in both prison and jail. Data collection for this project occurred in and around the correctional version of the Council For Unity program, which is also examined in this write up. The premise of this project is that a minority of men do desist whilst incarcerated and thus the research presented here analyzes how prisoners act towards their attempts to desist from crime in terms of the meaning this process has for them, their interaction with others during this process, and the interpretative progression by …

Assessing The Cyborg Center: Assemblage-Based, Feminist Frameworks Toward Socially Just Writing Center Assessments, Erin M. Andersen

Dissertations, Theses, and Capstone Projects

This dissertation will broaden the purview of recent scholarship pertaining to socially just writing assessments by making connections among assemblage theory and materialism, studies of ecological and anti-racist assessments, and studies of writing center work, to ground theoretical conversations in everyday practices. Focusing on systemic oppression in the neoliberal university and consciously using assemblage theory as a mechanism for confronting multiliteracies allows writing center directors to see the constant movement and reshaping of students’ knowledges as they approach different environments, different courses, and different genres. Notions of intra-relatedness and intertwinings evident in assemblage theory are essential to this dissertation’s consideration …

The Long-Term Consequences Of Child Abuse And Neglect In Men, Robert A. Beattey Jr.

Dissertations, Theses, and Capstone Projects

Research indicates that the annual incidence of child maltreatment is around 10% and that more than one-quarter of children have, at least indirectly, experienced some form of violence. Prospective studies find that in high-income countries, like the United States, there are moderate correlations between childhood maltreatment and low educational achievement, low skilled employment, depression, suicide attempts, and alcohol problems, as well as strong correlations with obesity, behavior problems in childhood and adolescence, and criminal behavior. Despite the high costs of child abuse and neglect—both direct and indirect—and decades of research and public health, justice, and social service investment in prevention …

Education Is Transformation: The Impact Of Attitudes, Robert Decaul

Dissertations, Theses, and Capstone Projects

What truly informs success? Is it one’s education, career type, and socioeconomic status? I believe that more than ever before these three criteria appear to define our understanding of what success is. However, the development and transformation of education in the United States, which is marred by racism, has historically disadvantaged segments of our population especially in cities with a predominantly black population. New Orleans being a perfect example. Hurricane Katrina put the spotlight on education in New Orleans as the storm’s devastation of the city exposed the myriad of problems education was facing. This thesis is an exploration of …

Racial Microaggressions And Health Status: The Moderating Effect Of Emotion Regulation, Kristin C. Davidoff

Dissertations, Theses, and Capstone Projects

The current study seeks to explore the relationship between racial microaggressions and physical and mental health. Significant racial disparities in health status persist in the United States (U.S. Department of Health and Human Services, 2013). Previous research asserts that racial discrimination negatively impacts physical health (Williams, Neighbors, & Jackson, 2003), and studies of subtle discrimination support an inverse relationship with mental health (Borrell et al., 2006). The immediate process following the commission of a microaggression and the target’s internal response may have significant consequences for physical and mental health. The purpose of the current study is twofold: (1) to examine …

Harm And Victim Age As Factors In The Determination Of Intentionality And Culpability, Donal David Barnard Jr.

Dissertations, Theses, and Capstone Projects

In the United States criminal justice system, jurors are directed to determine a defendant’s guilt beyond a reasonable doubt by establishing both the act of committing a crime (actus reus) and the culpable mental state of the defendant (mens rea), that is, the defendant’s intentionality. The role of a juror in a criminal case is that of a factfinder, deciding whether the two elements of the crime have been met. Criminal cases where jurors are asked to decide the facts vary in the harm that resulted. The more severe the harm, the greater the perceived injustice. This …

Trump’S “America First” Trade Policy And The Politics Of U.S. International Investment Agreements, Jesse Liss

Dissertations, Theses, and Capstone Projects

Previous sociological studies on U.S. trade policy institutions concluded that “free trade” political actors had durable power to determine U.S. trade policy. This conclusion was proven wrong when the Trump administration promised “a new direction” and to implement an “America First” trade policy. My dissertation serves to explain the U.S.’ political transition away from “free trade” and towards “nationalist” trade policy. I do this by examining the politics of U.S. international investment agreements, which are central to U.S. trade policy. As case studies, I use the investment agreements from the North American Free Trade Agreement (NAFTA) and the Trans-Pacific Partnership …

Bodies Of Knowledge: An Anatomy And Kinesiology Of The American Prison Nation, 'Human'-Making, And Twenty-First-Century Techno-Gods, Lyndsey Karr

Dissertations, Theses, and Capstone Projects

The social production of hegemonic knowledge has historically been legitimized in relation to the sanctioned status of the ‘Human’.[1] Beginning with the American Prison Industrial Complex and what sociologist Beth E. Richie conceptualizes as the “prison nation,” I will show the ‘human’ as a contingent and composite status appearing along a spectrum of Flesh, Body, and ‘Human’ (Flesh-Body-‘Human’) statuses and subjectivity.

Bringing this ‘Human’ continuum into conversation with twenty-first-century media, (micro)computational technologies, and contemporary knowledge and social economies, I expand the notion, reach, and scale of the American “prison nation.” Following Mark Hansen’s treatment of twenty-first-century digital media, I …

Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers

Dissertations, Theses, and Capstone Projects

The term "hate crime" is new to legislative and public discourse, as well as legal and social science scholarship. A decade after the concept of a "hate crime" was introduced in Congress, the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HCPA), to punish criminal actors who target victims because of their characteristics (race, color ethnicity, sexual orientation, religion, gender, gender identity, or disability). Using relevant archival sources, this project uses genealogical qualitative methods to examine the interplay of cultural elements manifested in this provocative term, which reflect dominance and subjugation among social groups (In- and Out-Groups) …

Criminal Responsibility: Meta-Analysis And Study Space, Lauren E. Kois

Dissertations, Theses, and Capstone Projects

Criminal responsibility (CR; i.e., sanity) has garnered significant research attention over the years. While some variables predicting insanity outcomes are consistent, others are not. Study-level characteristics, such as sample selection, variability in the operational definition of insanity, or other unknown influences may explain discrepant findings. It is critical to consolidate these variables and systematically assess differences in methodology to understand the state of the literature and to guide future research. As such, I conducted the first meta-analysis and study space analysis (see Malpass et al., 2008) in this area. Only 16 studies met inclusion criteria for the meta-analysis. Summary effects …

Individual Levels Of Bias And Immigration Policies In The United States: A Test And Extension Of The Dual Processing Model Of Bias, Lorraine Phillips

Dissertations, Theses, and Capstone Projects

The present study was a test and extension of the Dual Process Model of bias on attitudes toward immigrants and immigration policy in the United States. The Dual Process Model predicts that people who score higher on either the Social Dominance Orientation scale or the Right Wing Authoritarian scale will hold more negative attitudes toward immigrants, particularly if immigrants are viewed as a threat. A sample of 315 participants from across the United States was recruited using Amazon’s M Turk site. This study used a combination of attitudinal measures, policy scales, and experimental vignettes. The study found that the Dual …

Prescription Opioid Misuse: Initiation, Sources Of Supply, And The Role Of Medical Providers, Alexandra Harocopos

Dissertations, Theses, and Capstone Projects

Over the past 25 years, opioid analgesic misuse has increased dramatically in the U.S., with concomitant deleterious effects on health. Results from the 2014 National Survey on Drug Use and Health (NSDUH) reported that an estimated 4.3 million people aged 12 or older were current non-medical users of opioid analgesics, representing 1.6 percent of the population (SAMHSA, 2015), and unintentional drug poisoning deaths now surpass motor vehicle accidents as the leading cause of injury death (CDC 2014). Opioid analgesics are produced in the U.S. within a system of tight control and any entity or person manufacturing, distributing, prescribing, or dispensing …

Understanding Resilience Strategies Among Minor-Attracted Individuals, Allyson Walker

Dissertations, Theses, and Capstone Projects

The field of criminology generally assumes that attraction to minors is synonymous with sex offending. This erroneous and reductive assumption has led to a lack of exploration into the lives of individuals who are attracted to minors and who live their lives without offending. The lack of research on this topic reinforces the already overwhelming stigma against this population, and has limited our understanding of how individuals who are attracted to minors strategize to refrain from offending. This knowledge may also help others struggling with these attractions to remain resilient.

This dissertation is a result of efforts to learn more …

Appendix: Notable Faculty Publications 2016

The Judges' Book

No abstract provided.

Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.

We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance …

The Constitutional Right To Collateral Post-Conviction Review, Carlos Manuel Vázquez, Stephen I. Vladeck

Georgetown Law Faculty Publications and Other Works

For years, the prevailing academic and judicial wisdom has held that, between them, Congress and the Supreme Court have rendered post- conviction habeas review all but a dead letter. But in its January 2016 decision in Montgomery v. Louisiana, the Supreme Court may have dramatically upended that understanding in holding—for the first time—that there are at least some cases in which the Constitution itself creates a right to collateral post-conviction review, i.e., cases in which a prisoner seeks to enforce retroactively a “new rule” of substantive constitutional law under the familiar doctrine of Teague v. Lane.

On the …

Panel: Age Discrimination Issues In Higher Education - Handout: University Of Pennsylvania V. Eeoc, 493 U.S. 182 (1990)

Journal of Collective Bargaining in the Academy

No abstract provided.

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Out Of The Box: Homegrown In Greater Lafayette: Green Spaces In Greater Lafayette [Full Paper], Connor D. Rose

The Journal of Purdue Undergraduate Research

Students from the Honors 299 course, “Homegrown,” researched local Hispanic culture, sound, green spaces, and coffee shops, among other areas of study, as well as the role of each in establishing a sense of place.

In Search Of Accountability: A Critical (If Preliminary) Assessment Of The Literature On Canadian-Nigerian Engagements On The Immunities Of State Officials For Human Rights Violations, Udoka Ndidiamaka Owie

The Transnational Human Rights Review

The trials of German and Japanese state officials following the end of World War II at the International Military Tribunals in Nuremberg and Tokyo along with treaty obligations undertaken by states since at least the establishment of the United Nations, have together given rise to the question of whether states and their officials are entitled to immunity for violations of human rights. This question was highlighted by the case against Pinochet Ugarte of Chile, which came more recently before the United Kingdom House of Lords. The case propelled the immunity of state officials into the limelight of judicial and academic …

Canadian-African Human Rights Engagements –A Literature Review And An Agenda For Future Research: An Introduction, Obiora Chinedu Okafor

The Transnational Human Rights Review

No abstract provided.

Human Rights Discourses In Nigeria Across Time: Trajectory, Successes And Potentials For Canadian-Nigerian Engagement, Solomon Ukhuegbe

The Transnational Human Rights Review

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Canada has, for decades, been actively involved in funding and providing support for the development of legal and political institutions and rights advocacy activities in Nigeria. A careful documentation and assessment of this support will likely show that its impact has been significant and perhaps critical in some areas. This article, however, considers a different form of engagement, or rather, a possible engagement. Although Canada’s human rights jurisprudence, especially the Charter of Rights case law, is highly regarded the world over, its influence on Nigerian courts has been limited. Yet, there is a great opportunity for meaningful engagement here, …

State V. Elwood Appellant's Brief Dckt. 44778

Not Reported

No abstract provided.

Legal Dualism And Inconsistency Regarding Inmates’S Rights: A Review Toward Implementation Of Government Regulation Number 99 Of 2012, Feby Mutiara Nelson

Indonesia Law Review

In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for the Implementation of the Rights of Inmates which has been most recently amended by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates committing extraordinary crimes (terrorism, drug abuse, corruption, crimes against the security of the state, crimes against humanity and other transnational organized crimes) impeding such inmates to file for remission and parole. This paper examines the consistency between the implementation of GR 99/2012 and the concept of criminal punishment in Indonesia. It is a summary of empirical …

Faculty And Student Perceptions Of Teaching Presence In Distance Education Courses: A Mixed Methods Examination, Judith Slapak-Barski

Theses and Dissertations

This applied dissertation was designed to provide deeper insight to current knowledge about establishing teaching presence (TP) in online courses. Distance education environments are considered more convenient than traditional learning environments, as they provide more opportunities for learning that occurs in various settings. In distance education environments, effective learning should focus on the interaction between e-learning technologies and educational practice in higher education. Online courses are typically devoid of the visual cues and interaction of the traditional classroom. Online learners may experience an isolation effect as a result of learning in the perceived absence of their peers and instructor. Feelings …

Cheryl Williams V. Pennsylvania Human Relations C

2017 Decisions

USDC for the Western District of Pennsylvania

Grounding International Service-Learning In Sociology: Homelessness In Russia, Thomas R. Hochschild Jr., Irina Mcclellan

The Journal of Public and Professional Sociology

The authors lead U.S. students on a study abroad trip to St. Petersburg, Russia. We designed a sociology service-learning course titled Urban Social Problems in the U.S. and Russia. Our primary substantive topic was homelessness, and social issues related to homelessness. We utilized ethnographic studies of homelessness, statistical data, sociological theories and concepts, class discussions, videos clips, guest speakers, personal journal reflections, and community service to create a dynamic learning experience. Based on a pre-test/post-test assessment, post-test follow-up questions, journal reflections, class discussions, and a final exam we argue that international service-learning is optimized when grounded in sociology.