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2017

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A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead Jan 2017

A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead

Cardozo Journal of Conflict Resolution

The time is here. The Latin American region cannot wait any longer; there is simply too much at stake: too many lives, too much potential, and, ultimately, too much waste. The discourse must change from focusing on Investor-State Dispute Settlement ("ISDS") at the international level to addressing the structural and systemic issues at the local level. This shift will strengthen the investor-State relationship and lead not only to the retention, but also the expansion of the Foreign Direct Investment ("FDI").

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The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas Jan 2017

The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas

Cardozo Journal of Conflict Resolution

In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.

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Can Mediation Deliver Justice?, Sherif Elnegahy Jan 2017

Can Mediation Deliver Justice?, Sherif Elnegahy

Cardozo Journal of Conflict Resolution

Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …

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Developing A Racial Equity Stance: Moving Philanthropy Beyond Diversity Statements, Maegan Scott Jan 2017

Developing A Racial Equity Stance: Moving Philanthropy Beyond Diversity Statements, Maegan Scott

Theses and Dissertations

Over the past several years the national conversation about race, inequality, and power in the United States has grown in both urgency and intensity. In parallel to these social trends, more businesses, nonprofit organizations, and philanthropies are becoming better informed about the role of race and ethnicity in social and economic and disparities. The purpose of this study was to conduct action research to develop a racial equity stance at the Eugene and Agnes E. Meyer Foundation in Washington, DC. This study also examined the role of cultural competence in supporting the development of a racial equity stance. The impetus …

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Toward Better Discharge Decision-Making For Violent Offenders In Forensic Mental Health Settings: A Critical Analysis Of The Literature, Sara Laniado Jan 2017

Toward Better Discharge Decision-Making For Violent Offenders In Forensic Mental Health Settings: A Critical Analysis Of The Literature, Sara Laniado

Theses and Dissertations

Throughout the United States are institutions abundant with violent offenders who have been found not guilty by reason of insanity (NGI). The decision to release these insanity acquittees into the community is a vital one, both for the patient and the larger community. While these decisions should be informed by evaluations that combine clinicians’ opinions with validated tools of assessment, no standard of care regarding such evaluations exists. Forensic specialists are thus often left to base discharge decisions on clinical judgment alone. This dissertation assumed a critical review of the theoretical and empirical literature relevant to conditional release decisions of …

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Nontraditional Online Student Perceptions Of Student Access Conditions, Carrie Ann Prendergast Jan 2017

Nontraditional Online Student Perceptions Of Student Access Conditions, Carrie Ann Prendergast

Theses and Dissertations

This dissertation examines nontraditional online students’ perceptions of Tinto’s four student success conditions: expectations, support, assessment, and engagement. Expectations include those of the student, the faculty and the institution. Support includes academic, social, and financial support. Providing early and meaningful assessment and feedback to students is crucial during their educational career. The fourth success condition in Tinto’s model includes the involvement or engagement of students with their peers (and faculty) in both an academic and social contexts. Nontraditional student perceptions of each of these institutional conditions of success was uncovered through demographic survey, interviews, syllabi and website artifacts. This qualitative …

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An Evaluation Of A Service Learning Program For At-Risk Charter High School Students, Jessica Hutcheson Jan 2017

An Evaluation Of A Service Learning Program For At-Risk Charter High School Students, Jessica Hutcheson

Theses and Dissertations

This mixed-methods case study examined the impact of a mandatory service-learning intervention college preparatory elective class on at-risk students in a Southern California charter high school. At-risk was defined as, disadvantaged high school students from low income families and possessing poor health, cognitive problems and/or behavior issues that might hinder educational attainment. The embedded design analyzed two years of archival data from four student cohorts (n = 133), all of whom had the same instructor, who was trained to lead the class. The study included a quantitative survey taken by the students at the program’s beginning and end, demographic information, …

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Mass Shootings As Issue Management Exigencies And Focusing Events For Public Policy Debates, Melvin Gupton Jan 2017

Mass Shootings As Issue Management Exigencies And Focusing Events For Public Policy Debates, Melvin Gupton

Wayne State University Dissertations

This content analysis of multiple mass shooting cases examines a crisis genre that is not as frequently studied as other crises such as natural disasters or organizational exigencies. Though just as rich with stakeholders’ communicative exchanges and neatly traversing the three crisis stages, mass shootings have yet to be fully elaborated. To further the examination of these crises, this dissertation identifies those actors who hold the principal stakes in the aftermath of a mass shooting incident, and explores what these stakeholders are saying. By applying focusing events and issue management theories, it uncovers the prominent public policy issues reported in …

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Identification Of Stimulant Misuse And Malingering Of Symptoms Of Attention Deficit Hyperactivity Disorder, Sujith Ramachandran Jan 2017

Identification Of Stimulant Misuse And Malingering Of Symptoms Of Attention Deficit Hyperactivity Disorder, Sujith Ramachandran

Electronic Theses and Dissertations

It was estimated in 2013 that 54.3 million individuals reported overall lifetime prevalence of prescription drug abuse, and 16.7 million individuals reported misusing or abusing prescription drugs in the past year. This study focuses on the abuse of psychostimulants, popularly used for treatment of Attention Deficit Hyperactivity Disorder (ADHD). It is estimated that 10 to 30% of college students might be abusing stimulants, mostly for academic purposes. The incidence of stimulant related ER visits has nearly doubled in the last decade. It is also estimated that 10 to 50% of ADHD evaluations in a University setting might be exaggerated or …

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Urban Policing And Public Policy— The Prosecutor’S Role, Bruce A. Green Jan 2017

Urban Policing And Public Policy— The Prosecutor’S Role, Bruce A. Green

Faculty Scholarship

No abstract provided.

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Concocting Criminal Intent, Deborah W. Denno Jan 2017

Concocting Criminal Intent, Deborah W. Denno

Faculty Scholarship

My empirical study, which examines neuroscience evidence in 800 criminal cases over the course of two decades, is the first to determine how, when, and why victim brain scan evidence is introduced and used in court. My study reveals that although courts commonly rely on brain scans to show the extent of a victim’s injury, the actual application of this neuroscience evidence extends far beyond the purpose for which it is admitted.

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Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes Jan 2017

Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes

Intercultural Human Rights Law Review

On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …

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Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer Jan 2017

Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer

Intercultural Human Rights Law Review

Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …

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The Forest And The Trees: What Educational Purposes Can A Course On Christian Legal Thought Serve?, Randy Beck Jan 2017

The Forest And The Trees: What Educational Purposes Can A Course On Christian Legal Thought Serve?, Randy Beck

Scholarly Works

In this short essay, I want to consider the educational purposes a course in Christian legal thought might serve. How could having such a course in the curriculum help accomplish the goals of legal education? One can understand why a law school with a Christian identity would want to offer this sort of course. Such law schools embrace a theology that helps adherents make sense of the world, including the world of human law. The less obvious question I want to consider is why a law school that does not subscribe to a particular theological understanding of the world (or …

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Patterns Of Error, Brandon L. Garrett Jan 2017

Patterns Of Error, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

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Inequality Rediscovered, Jedediah Purdy, David Singh Grewal Jan 2017

Inequality Rediscovered, Jedediah Purdy, David Singh Grewal

Faculty Scholarship

Widespread recognition that economic inequality has been growing for forty years in most of the developed world, and in fact has tended to grow across most of the history of modern economies, shows that the period 1945-1973, when inequality of wealth and income shrank, was a marked anomaly in historical experience. At the time, however, the anomalous period of equality seemed to vindicate a long history of optimism about economic life: that growth would overcome meaningful scarcity and usher in an egalitarian and humanistic period that could almost qualify as post-economic. This has not been the experience of the last …

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"Jury Of My Peers": The Significance Of A Racially Representative Jury For Juveniles In Adult Court, Clyde Lemon Jan 2017

"Jury Of My Peers": The Significance Of A Racially Representative Jury For Juveniles In Adult Court, Clyde Lemon

Child and Family Law Journal

No abstract provided.

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The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie Jan 2017

The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie

Faculty Publications

Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and their early implementation, …

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The Impact Of Sexual Assault On College Students' Daily Occupations: A Phenomenological Approach, Lee Ann Hodge Jan 2017

The Impact Of Sexual Assault On College Students' Daily Occupations: A Phenomenological Approach, Lee Ann Hodge

Online Theses and Dissertations

It is estimated that 1 in 4 women experience sexual violence while in college (Tjaden & Thoennes, 2006), which may result in post-traumatic stress disorder (PTSD). Occupational therapy has been used to provide interventions for PTSD, but there is a gap in the literature addressing occupational therapy intervention for college students who have experienced sexual assault. The purpose of this phenomenological study was to inquire into students’ lived experiences of daily occupations while in college after having experienced sexual assault, through thematic analysis of data from two interviews conducted in Kentucky and Ohio. Six meaningful themes were developed: changes in …

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A Dark Reflection Of Society: Analyzing Cultural Representations Of State Control In Black Mirror, Carl Russell Huber Jan 2017

A Dark Reflection Of Society: Analyzing Cultural Representations Of State Control In Black Mirror, Carl Russell Huber

Online Theses and Dissertations

Recognizing the importance of visual criminology and media studies in contemporary academic criminal justice studies, I attempt to contribute to the field by analyzing three themes found in Channel 4’s Black Mirror in relation to cultural fears of state control and the progression of technology. The themes, including state power and coercion, the spectacle of punishment, and panoptic surveillance, are placed in a popular criminological framework in order to examine the attitudes and beliefs of the culture in which they were produced and for whom they are intended. I conclude that Black Mirror provides a social commentary on the themes …

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The Devil In The Details: Popular Demonology, Addiction And Criminology, Kyra Ann Martinez Jan 2017

The Devil In The Details: Popular Demonology, Addiction And Criminology, Kyra Ann Martinez

Online Theses and Dissertations

Theories of diabolism have, since antiquity, made manifest societal fears of the unknown. Demonology, as discipline, flourished within the West accordingly; to function, at the inception of early modern science and during the "transition" to capitalism, as a device to translate alterity. At this juncture, theories of the demonic were occulted under scientific methodologies and institutionalized across the structures of modernity. "Evil", as discursive paradigm, was politically incarnated, canonized, and absorbed under the auspices of the state towards the consummation of socio-political "diabolic" enemies of society. In continuity with the past, "evil" continues to operate in the contemporary as a …

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Euphoria: The Transition From Prescription Opioids To Heroin In Kentucky, Alexander Ryan Cundiff Jan 2017

Euphoria: The Transition From Prescription Opioids To Heroin In Kentucky, Alexander Ryan Cundiff

Online Theses and Dissertations

The demand for and availability of prescription opioids has been quite prevalent in the state of Kentucky primarily since the early 1990's. But between 2010 and 2012, reformulations of opioids OxyContin and Opana, along with the passing of HB 217 and mandatory KASPER (Kentucky All Schedule Prescription Electronic Reporting) reports made the acquisition of diverted pharmaceutical opioids much more difficult. As a result, prices per pill increased and once opioids became nearly impossible to find on the streets, users then moved to another opiate, heroin. Since 2012, heroin related overdoses have increased significantly in the Bluegrass State. The purpose of …

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African American Males, Mentorship, And University Success: A Qualitative Study, Taurean M. Douglas Jan 2017

African American Males, Mentorship, And University Success: A Qualitative Study, Taurean M. Douglas

Online Theses and Dissertations

This study examined black males who successfully graduated from a university in south central Kentucky and their perception of mentorship. Interviews were conducted in an attempt to get the lived experiences of five black males who became first generation college graduates. The researcher used purposeful convenience sampling to select black male graduates who had experienced mentoring. Face to face interviews were conducted and the transcripts were analyzed for themes. The findings suggest that mentoring played a significant role in helping the research participants navigate college and successfully graduate.

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Service-Learning Faculty Perceptions, Karrie Faye Adkins Jan 2017

Service-Learning Faculty Perceptions, Karrie Faye Adkins

Online Theses and Dissertations

This study examined how service-learning faculty's perceptions are influenced by their experience with service learning, and how service learning affects faculty's personal and professional perceptions and job satisfaction. Data were collected from 130 participants at higher education institutions throughout the U. S. via an electronic survey. The data were used to create seven composite variables to represent each service-learning faculty perception area (Personal Growth, Teaching Advancement, Institutional Context, Community, Scholarship, Personal Values, and Institutional Emphasis). It was hypothesized that faculty who perceive having a highly supportive institutional culture of service learning will have higher levels of personal and professional satisfaction …

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Assessing Collateral Consequences Accompanying Sex Offender Registration, Mikayla Brooke Charles Jan 2017

Assessing Collateral Consequences Accompanying Sex Offender Registration, Mikayla Brooke Charles

Online Theses and Dissertations

Sex Offenders are often the most feared group of offenders. In response to this fear, sex offender registries were created as a method for monitoring convicted offenders and for providing communities with a sense of security by publicizing information about potential predators nearby. The underlying questions are whether or not notification and registration laws actually reduce crime and make the community safer. According to the literature, and to the current study, they do not. However, community safety and recidivism rates are not the only factors that pose concern attributed to registration and notification. Researchers alike have argued that these practices …

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Social Equity In Public Administration, Shana Leigh Goggins Jan 2017

Social Equity In Public Administration, Shana Leigh Goggins

Online Theses and Dissertations

The present study will provide a review of the literature regarding social equity and a place within Public Administration. Social equity is a value that informs theory and practice. The manner in which value informs theory and practice will be included to provide a theoretical basis. Tensions between New Public Administration and the previous school of thought will be highlighted. A case study approach will be utilized in this discussion to investigate and analyze the issue of homelessness. The case study will be used to illustrate the gaps in terms of administrative response in alleviating homelessness for individuals and families, …

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Grow Where You Are Planted: The Use Of Gardening As Offender Rehabilitation In Prison, Kendahl Verna Granger Jan 2017

Grow Where You Are Planted: The Use Of Gardening As Offender Rehabilitation In Prison, Kendahl Verna Granger

Online Theses and Dissertations

Being outdoors is an integral part of our lives, even as we are experiencing rapid urbanization. Research shows that nature and purposeful work in it have a profound effect on physical and mental health. What, then, about prison inmates? They often do not have the opportunity to engage in nature or enjoyable, outdoor tasks. One way in which this could be remedied is through the use of prison horticulture or garden programs. Prison horticulture is a productive, outdoors activity in which inmates raise gardens that would benefit their group, facility, or the community. In the process, prisoners learn about gardening …

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The Justified Lawman: Cowboy Killings In The Modern Era, Joel Franklin Harman Jan 2017

The Justified Lawman: Cowboy Killings In The Modern Era, Joel Franklin Harman

Online Theses and Dissertations

Stereotypes advanced by the popular media, do not necessarily have the power to directly determine an individual's ways of thinking, but do help frame and reinforce already existing cultural beliefs, particularly within the context of the seemingly innocuous narrative fictions of cable television. These narratives not only simplify complex ideas, but also can further entrench or justify harmful social relations. My contention here, is that the popular television program Justified does precisely this by normalizing police violence and the ways that the police underpin and reproduce profoundly disparate class and racialized social order. While in many ways a typical police …

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Who Taught You To Hate Yourself?: The Racially Coded Language Of Professionalism And Its Detriment To The Black Community, Alexys Jones Jan 2017

Who Taught You To Hate Yourself?: The Racially Coded Language Of Professionalism And Its Detriment To The Black Community, Alexys Jones

Online Theses and Dissertations

It is said that the Unites States is a post-racial society where race doesn't matter and colorblind rhetoric is used as a defense mechanism for perceived or committed discriminatory acts toward black people. In theory, color-blind ideology would help to eliminate racism by treating people equally without regard to race or ethnicity. In practice, colorblindness completely ignores the historical context of race in this country. Under the ideology of colorblindness, overt racism is translated into cultural criminalization. Laws and policies that are seemingly non-sinister nonetheless target the black population by using non-descript language and images associated with blackness. Research has …

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The Mcdonaldized Death Penalty: Neoliberalism, Governmentality, And American Capital Punishment, Ryan Phillips Jan 2017

The Mcdonaldized Death Penalty: Neoliberalism, Governmentality, And American Capital Punishment, Ryan Phillips

Online Theses and Dissertations

An extensive literature examines the modern era (1976-present day) of American capital punishment. Some has focused on why the institution persists despite abolition from the rest of the Western world. An example of this is Steiker and Steiker (2016) who argue that judicial rationalization of capital law has helped to legitimate and thus sustain the modern death penalty. However, no work attempts to understand capital punishment or its persistence in America in regards to neoliberalism. To address this void in understanding, I conceptualize Ritzer's four tenets of McDonaldization (predictability, calculability, efficiency, control) as a representation of market rationality, which neoliberalism …

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