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2017

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Youth Bear Witness To Mentoring Of The Black Church For College Readiness, Mary Louise Buckley Jan 2017

Youth Bear Witness To Mentoring Of The Black Church For College Readiness, Mary Louise Buckley

Electronic Theses and Dissertations

This dissertation in practice examines the college readiness of five African American high school male students in urban schools in Pittsburgh, PA based on their participation in a middle school mentoring program sponsored by an urban Black church. Situated within Michael Dantley’s critical spirituality theory and critical race theory, the author analyzed youths’ counter-narrative experiences of being mentored for college readiness in the Black church. The students had informal conversations with the researcher using a grounded theory approach to the semi-structured interview format. Students found mentors to be relatable advocates to their lived experiences in schools. In addition, the mentoring …


Allowing Lawless Police Conduct In Order To Forbid Lawless Civilian Conduct: The Court Further Erodes The Exclusionary Rule In Utah V. Strieff, George M. Dery Iii Jan 2017

Allowing Lawless Police Conduct In Order To Forbid Lawless Civilian Conduct: The Court Further Erodes The Exclusionary Rule In Utah V. Strieff, George M. Dery Iii

UC Law Constitutional Quarterly

This Article analyzes Utah v. Strieff, in which the Supreme Court applied its attenuation of taint doctrine to drugs and paraphernalia recovered as a result of an illegal stop of a person. The Strieff Court ruled that the evidence, seized during a search incident to arrest after an unlawful seizure, was admissible because the officer learned of an unknown outstanding arrest warrant during the stop. Strieff reasoned that the discovery of this arrest warrant attenuated the connection between the initial illegal seizure and the evidence ultimately seized incident to arrest. This Article examines the concerns created by Strieffs ruling. This …


Trumping Asylum: Criminal Prosecutors For Illegal Entry And Reentry Violate The Rights Of Asylum Seekers, Natasha Arnpriester Jan 2017

Trumping Asylum: Criminal Prosecutors For Illegal Entry And Reentry Violate The Rights Of Asylum Seekers, Natasha Arnpriester

UC Law Constitutional Quarterly

Criminal prosecution for the immigration-related infractions of illegal entry and illegal reentry have escalated dramatically under the Trump Administration, which has made targeting immigrants a top priority. This escalation is happening at a time when the population coming to the U.S. southern border is largely seeking safety from persecution and danger. The United States does not recognize asylum as a defense to illegal entry or illegal reentry, and asylum seekers are not excluded from being charged and criminally prosecuted for these infractions, despite U.S. treaty obligations prohibiting this practice. As a result, people coming to the United States to seek …


The Fragile Victory For Unaccompanied Children's Due Process Rights After Flores V. Sessions, Elizabeth P. Lincoln Jan 2017

The Fragile Victory For Unaccompanied Children's Due Process Rights After Flores V. Sessions, Elizabeth P. Lincoln

UC Law Constitutional Quarterly

In 2017, the Ninth Circuit Court of Appeals found that when the federal government detains an unaccompanied child, that child has the right to request legal review of his or her custody before an immigration judge. In Flores v. Sessions, the court reaffirmed the right, which had been present in the text of the laws governing the treatment of immigrant youth, but had been ignored by executive branch bodies. In its analysis, the court considered the relationship between a twenty-year-old settlement and two acts of Congress that govern the treatment of immigrant youth. The Flores decision affects the lives of …


Police Assisting Addicts Towards Recovery: A Preliminary Analysis Of Drug Policy, Sherah Dickinson Jan 2017

Police Assisting Addicts Towards Recovery: A Preliminary Analysis Of Drug Policy, Sherah Dickinson

Undergraduate Research Journal

The War on Drugs began in 1967 with the hope of ending the devastating effects of drug addiction. Unfortunately, the prevalence of drug use and abuse has only spread across socioeconomic, cultural, and geographic lines. This research describes the implications of criminalizing drug addiction, for example: crowded prison populations and disparate treatment of minority and disadvantaged groups. This review further investigates alternative methods and policies using evidence-based practice to treat substance addiction such as the ANGEL Program in Gloucester Massachusetts.


Analysis Of Traffic Stops Involving Drug Seizures, Robert Messbarger Jan 2017

Analysis Of Traffic Stops Involving Drug Seizures, Robert Messbarger

Undergraduate Research Journal

This paper is a content analysis of traffic stop drug seizures throughout the Midwest from January 1, 2015 to September 30, 2016. Information is gathered from news articles regarding interstate or major highway drug seizures. The results examine various characteristics of the traffic stop and the suspect involved. The average traffic stop drug seizure happens on Thursday afternoon. The suspect is usually male, aged 20-29, and in most cases is charged with intent to distribute. The suspect is typically in a newer SUV and is in possession of marijuana. It is likely the suspect is a resident of the state …


From Solitary To Solidarity: Belonging, Social Support, And The Problem Of Women’S Recidivism, Erin M. Schnappauf, Theresa E. Didonato Jan 2017

From Solitary To Solidarity: Belonging, Social Support, And The Problem Of Women’S Recidivism, Erin M. Schnappauf, Theresa E. Didonato

Modern Psychological Studies

This paper addresses the relation between belonging and social support and recidivism of formerly-incarcerated women by reviewing existing literature on their experience re-entering into society. Drawing on recent evidence, this paper considers that belonging and social support, in the form of frequent, positive interactions, may help formerly-incarcerated women overcome obstacles of successful reintegration. Specifically, the review paper supports a hypothesis that if formerly-incarcerated women have more social support as they re-enter into society, the recidivism rate for this population could decrease. The review also examines how different demographics intersect with the experience of reintegration and addresses gaps in the literature …


2017 Georgia Southern University Softball Media Guide, Georgia Southern University Jan 2017

2017 Georgia Southern University Softball Media Guide, Georgia Southern University

Women's Softball Records

  • Georgia Southern 2017 Softball Media Guide & Record Book


Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong Jan 2017

Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong

Loyola of Los Angeles Law Review

No abstract provided.


Mass Monitoring, Avlana Eisenberg Jan 2017

Mass Monitoring, Avlana Eisenberg

Scholarly Publications

Business is booming for criminal justice monitoring technology: these days “ankle bracelet” refers as often to an electronic monitor as to jewelry. Indeed, the explosive growth of electronic monitoring (“EM”) for criminal justice purposes—a phenomenon which this Article terms “mass monitoring”—is among the most overlooked features of the otherwise well-known phenomenon of mass incarceration.

This Article addresses the fundamental question of whether EM is punishment. It finds that the origins and history of EM as a progressive alternative to incarceration—a punitive sanction—support characterization of EM as punitive, and that EM comports with the goals of dominant punishment theories. Yet new …


Response To Professor Holper's Article, "Redefining 'Particularly Serious Crimes' In Refugee Law", Fatma Marouf Jan 2017

Response To Professor Holper's Article, "Redefining 'Particularly Serious Crimes' In Refugee Law", Fatma Marouf

Faculty Scholarship

An individual who faces a significant risk of persecution in her home country is barred from asylum in the United States if she is convicted of a “particularly serious crime” (“PSC”). Despite the grave consequences of such a conviction, there is relatively little scholarship exploring how a PSC should be defined. The term, which comes from the UN Refugee Convention, was incorporated into the Immigration and Nationality Act in 1980.

Professor Holper’s article, Redefining “Particularly Serious Crimes” in Refugee Law, makes an important contribution to the literature by showing how the historical trajectory of the PSC definition mirrors the “severity …


Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich Jan 2017

Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich

Faculty Scholarship

This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools to …


Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie Jan 2017

Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie

Articles, Book Chapters, & Popular Press

A recent and prominent American appeals court case has revived a controversial international law question: can a state compel a person on its territory to obtain and produce material which the person owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …


End-Of-Life In Prison Symposium Report, Adelina Iftene, Crystal Dieleman, Hanna Garson Jan 2017

End-Of-Life In Prison Symposium Report, Adelina Iftene, Crystal Dieleman, Hanna Garson

Articles, Book Chapters, & Popular Press

In 2016, the Canadian Parliament passed “An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)” (S.C. 2016, c. 3). This statute decriminalized providing medical assistance to the dying in a defined set of circumstances. The Corrections and Conditional Release Act (CCRA) was also amended: section 19 now reads “(1.1) Subsection (1) does not apply to a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 that Act.”

Pursuant to these amendments, this meeting focused on issues that may arise in implementing MAiD in …


"The Best Bad Things": An Analytical History Of The Madams Of Gold Rush San Francisco, Sophie Breider Jan 2017

"The Best Bad Things": An Analytical History Of The Madams Of Gold Rush San Francisco, Sophie Breider

CMC Senior Theses

This thesis analyzes the differences between the fictionalized madam of the American West and the historical madam are analyzed to understand how racial and gender hierarchies normalized themselves in the American West and disempowered women and people of color. This thesis uses Gold Rush San Francisco, and two madams, as a case study of this phenomenon.


A Problematic Business Model: The Effect Of Private Prisons On Arrests, Claire Donnelly Jan 2017

A Problematic Business Model: The Effect Of Private Prisons On Arrests, Claire Donnelly

CMC Senior Theses

Past work related to the private prison system has focused on direct comparisons between private and public facilities, including their respective quality, cost-effectiveness, and influence on recidivism. Using 2005 United States data compiled from a prison facility census, county census, and information on number of arrests by county, I examine the effect that the presence of private prisons has on the number of adult male arrests per county. Across four regression models, I initially find a significant effect of private prisons on arrests, but find that effect becomes insignificant once county and prison controls are accounted for. This suggests that …


The Relative Impact Of The Ged On Labor Market Outcomes For The Formerly Incarcerated, Sally Vandenberg Jan 2017

The Relative Impact Of The Ged On Labor Market Outcomes For The Formerly Incarcerated, Sally Vandenberg

CMC Senior Theses

This paper shows that while incarceration is associated with economic losses, the economic benefits associated with a GED may be nearly twice as large for high school dropouts that have been incarcerated than for dropouts who have not been incarcerated. My results, though imprecisely estimated, suggest that this relationship may be one of correlation, rather than causality. I find that among the formerly incarcerated the GED is associated with other positive outcomes, particularly lower rates of drug use.


Theorizing Time In Abortion Law And Human Rights, Joanna Erdman Jan 2017

Theorizing Time In Abortion Law And Human Rights, Joanna Erdman

Articles, Book Chapters, & Popular Press

The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by …


Human Rights Education In Patient Care, Joanna Erdman Jan 2017

Human Rights Education In Patient Care, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article explores how human rights education in the health professions can build knowledge, change culture, and empower advocacy. Through a study of educational initiatives in the field, the article analyzes different methods by which health professionals come to see the relevance of human rights norms for their work, to habituate these norms in everyday practice, and to espouse these norms in advocacy for social justice. The article seeks to show the transformative potential of education for human rights in patient care.


The Yates Memo: Looking For "Individual Accountability" In All The Wrong Places, Katrice Bridges Copeland Jan 2017

The Yates Memo: Looking For "Individual Accountability" In All The Wrong Places, Katrice Bridges Copeland

Faculty Scholarship

The Department of Justice has received a great deal of criticism for its failure to prosecute both corporations and individuals involved in corporate fraud. In an effort to quiet some of that criticism, on September 9, 2015, then Deputy Attorney General Sally Q. Yates issued a policy entitled, "Individual Accountability for Corporate Wrongdoing," or the "Yates Memo," as it has been called. The main thrust of the Yates Memo is that in order for a corporation to receive any credit for cooperating with the government and obtain leniency in the form of a deferred prosecution agreement, the corporation must not …


The Case For A New Compassionate Release Statutory Provision, Adelina Iftene Jan 2017

The Case For A New Compassionate Release Statutory Provision, Adelina Iftene

Articles, Book Chapters, & Popular Press

In the last decade there has been a steady growth in the number of federally incarcerated people aging in prisons. These individuals have a long list of medical needs while they present low risk to communities. However, this category of people tends to spend more time in prison than their younger counterparts and face difficulties in being released. Using original empirical data, as well as the existing literature, I argue that a high number of these individuals need to be released through a compassionate release mechanism. This article has two purposes. One is to show that compassionate release does not …


Addressing Cultural Bias In The Legal Profession, Debra Chopp Jan 2017

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …


Youth Incarceration, Health, And Length Of Stay, Thalia GonzáLez Jan 2017

Youth Incarceration, Health, And Length Of Stay, Thalia GonzáLez

Fordham Urban Law Journal

No abstract provided.


The School-To-Prison Pipeline’S Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan Jan 2017

The School-To-Prison Pipeline’S Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan

Fordham Urban Law Journal

No abstract provided.


Disrupting The Trajectory: Representing Disabled African American Boys In A System Designed To Send Them To Prison, Leah Aileen Hill Jan 2017

Disrupting The Trajectory: Representing Disabled African American Boys In A System Designed To Send Them To Prison, Leah Aileen Hill

Fordham Urban Law Journal

No abstract provided.


Acknowledging And Protecting Against Judicial Bias At Fact-Finding In Juvenile Court, Prescott Loveland Jan 2017

Acknowledging And Protecting Against Judicial Bias At Fact-Finding In Juvenile Court, Prescott Loveland

Fordham Urban Law Journal

No abstract provided.


Preemption, Federalism, And Local Democracy, Kenneth A. Stahl Jan 2017

Preemption, Federalism, And Local Democracy, Kenneth A. Stahl

Fordham Urban Law Journal

No abstract provided.


Affordable Housing Law And Policy In An Era Of Big Data, Nestor M. Davidson Jan 2017

Affordable Housing Law And Policy In An Era Of Big Data, Nestor M. Davidson

Fordham Urban Law Journal

No abstract provided.


Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider Jan 2017

Disparate Impact Lacks An Impact: The Need For Pay For Success Programs To House Formerly Incarcerated People, Eva Coruzzi Schneider

Fordham Urban Law Journal

No abstract provided.


What’S Love Got To Do With It? How Current Law Overlooks The Complexities Of Intimate Partner Violence On College And University Campuses, Ashley Reicher Jan 2017

What’S Love Got To Do With It? How Current Law Overlooks The Complexities Of Intimate Partner Violence On College And University Campuses, Ashley Reicher

Fordham Urban Law Journal

No abstract provided.