Digital Commons Network^™

Dignity Is The New Legitimacy, Jeffrey A. Fagan

Faculty Scholarship

In this chapter, Jeffrey Fagan responds to Jonathan Simon’s essay by exploring the emotional dimensions of individual interactions with state actors. In a procedural justice vein, this chapter considers the dignitary implications of official maltreatment, focusing in particular on the dignity-injuring potential of unjustified, racially motivated, or otherwise abusive police stops. Such interactions not only personally humiliate, but they also deny the targeted individuals “basic and essential recognition” as social and political equals, instilling instead “a profound sense of loss.” Fagan calls for a jurisprudence that “recognizes the emotional highway between dignity and legitimacy.” This approach would “internalize[] the central …

Correctional Mental Health Providers’ Experiences Of Forced Termination On The Working Alliance, Karin Gepp

Antioch University Dissertations & Theses

This is a study of the experiences of forced terminations in correctional facilities, particularly their impact on the working alliance between mental health service providers and incarcerated patients. The study includes an introduction to the research problem and its context, followed by a discussion of the literature on the working alliance in psychotherapy, conditions of forced terminations in the treatment of the incarcerated, the problem of forced termination and the working alliance in the correctional settings, and the study’s research methodology. The research methodology is qualitative and includes semi-structured interviews of providers in correctional settings and an analysis of these …

Black Police Uniforms Implicitly Increase Hostile Perceptions And Behavior, Amber Kristin Lupo

Open Access Theses & Dissertations

Use of excessive, and sometimes deadly, force by U.S. law enforcement officers is a critical and costly problem. An enclothed cognition framework suggests that clothing, such as a uniform, can implicitly affect cognitive processing and behavior of the wearer (Adam & Galinsky, 2012). Previous research demonstrated that darker clothing implicitly affects judgments and behavior in two ways. First, persons who wear darker clothing are perceived more negatively (Vrig, 1997; Vrig & Akehurst, 1997). Second, actors wearing darker colored clothing demonstrate greater aggressive behavior than actors wearing lighter colored clothing (Frank & Gilovich, 1988; Peña, Hancock, & Merola, 2009). The present …

Moore Kinship: Foreword, R.A. Lenhardt, Clare Huntington

Faculty Scholarship

Forty years ago, Mrs. Inez Moore, a widowed black mother and grandmother of little means, secured a victory that likely seemed improbable to many. Without any money, but with the assistance of a team of dedicated Legal Aid attorneys, she took her lawsuit challenging an East Cleveland, Ohio, zoning ordinance that made it a crime for her to live with her grandson all the way to the U.S. Supreme Court and won. The ordinance permitted certain extended family configurations to reside together within the city’s limits, but it prohibited Inez’s family arrangement. Just by bringing her infant grandson John Jr., …

Effects Of Gender Stereotypes On Judgments Of Career Tracks, Scott Frankowski

Open Access Theses & Dissertations

Occupational gender role stereotypes may impact how others evaluate the career choices of women and men. Women more so than men are employed in occupations that are viewed as communal. Men more so than women are employed in occupations that are viewed as agentic. In the first experiment, participants evaluated the career paths of male and female targets when the targets were considering a career change to a gender role congruent, incongruent, or gender role neutral career path. Female targets' career choices were evaluated more favorably in gender role congruent versus incongruent career tracks. Female targets' career choices were also …

Criminal Deterrence: A Review Of The Literature, Aaron Chalfin, Justin Mccrary

Faculty Scholarship

We review economics research regarding the effect of police, punishments, and work on crime, with a particular focus on papers from the last twenty years. Evidence in favor of deterrence effects is mixed. While there is considerable evidence that crime is responsive to police and to the existence of attractive legitimate labor-market opportunities, there is far less evidence that crime responds to the severity of criminal sanctions. We discuss fruitful directions for future work and implications for public policy.

Freedom Of Speech And The Criminal Law, Dan T. Coenen

Scholarly Works

Because the Free Speech Clause limits government power to enact penal statutes, it has a close relationship to American criminal law. This Article explores that relationship at a time when a fast-growing “decriminalization movement” has taken hold across the nation. At the heart of the Article is the idea that free speech law has developed in ways that have positioned the Supreme Court to use that law to impose significant new limits on the criminalization of speech. More particularly, this article claims that the Court has developed three distinct decision-making strategies for decriminalizing speech based on constitutional principles. The first …

Judging Immigration Equity: Deportation And Proportionality In The Supreme Court, Jason A. Cade

Scholarly Works

Though it has not directly said so, the United States Supreme Court cares about proportionality in the deportation system. Or at least it thinks someone in the system should be considering the justifiability of removal decisions. As this Article demonstrates, the Court’s jurisprudence across a range of substantive and procedural challenges over the last fifteen years increases or preserves structural opportunities for equitable balancing at multiple levels in the deportation process. Notably, the Court has endorsed decision makers’ consideration of the normative justifiability of deportation even where noncitizens have a criminal history or lack a formal path to lawful status. …

Judicial Federalism In The European Union, Michael Wells

Scholarly Works

This article compares European Union judicial federalism with the American version. Its thesis is that the European Union’s long-term goal of political integration probably cannot be achieved without strengthening its rudimentary judicial institutions. On the one hand, the EU is a federal system in which judicial power is divided between EU courts, of which there are only three, and the well-entrenched and longstanding member state court systems. On the other hand, both the preamble and Article 1 of the Treaty of Europe state that an aim of the European Union is “creating an ever closer union among the peoples of …

Proportionality Lost? The Rise Of Enforcement-Based Equity In The Deportation System And Its Limitations, Jason A. Cade

Scholarly Works

This article briefly explains and critiques the legal framework that has made enforcement discretion the primary means of injecting proportionality and fairness into the modern deportation system. The article provides an overview of shifting approaches to this enforcement discretion under the Obama and Trump administrations, and describes some of the key Supreme Court jurisprudence interpreting this framework.

Criminal Law As Family Law, Andrea L. Dennis

Scholarly Works

The criminal justice system has expanded dramatically over the last several decades, extending its reach into family life. This expansion has disproportionately and negatively impacted Black communities and social networks, including Black families. Despite these pervasive shifts, legal scholars have virtually ignored the intersection of criminal, family, and racial justice. This Article explores the gap in literature in two respects. First, the Article weaves together criminal law, family law, and racial justice by cataloging ways in which the modern criminal justice state regulates family life, particularly for Black families. Second, the Article examines the depth of criminal justice interference in …

The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson

Scholarly Works

In misdemeanor cases, pretrial detention poses a particular problem because it may induce innocent defendants to plead guilty in order to exit jail, potentially creating widespread error in case adjudication. While practitioners have long recognized this possibility, empirical evidence on the downstream impacts of pretrial detention on misdemeanor defendants and their cases remains limited. This Article uses detailed data on hundreds of thousands of misdemeanor cases resolved in Harris County, Texas—the thirdlargest county in the United States—to measure the effects of pretrial detention on case outcomes and future crime. We find that detained defendants are 25% more likely than similarly …

Repeat Players In Multidistrict Litigation: The Social Network, Elizabeth Chamblee Burch, Margaret S. Williams

Scholarly Works

As class certification wanes, plaintiffs’ lawyers resolve hundreds of thousands of individual lawsuits through aggregate settlements in multidistrict litigation. But without class actions, formal rules are scarce and judges rarely scrutinize the private agreements that result. Meanwhile, the same principal-agent concerns that plagued class-action attorneys linger. These circumstances are ripe for exploitation: few rules, little oversight, multi-million dollar common-benefit fees, and a push for settlement can tempt a cadre of repeat players to fill in the gaps in ways that further their own self-interest.

Although multidistrict litigation now comprises 36 percent of the entire federal civil caseload, legal scholars have …

The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook

Scholarly Works

According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward …

Decriminalizing Childhood, Andrea L. Dennis

Scholarly Works

Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.

The …

The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policing, Julian A. Cook

Scholarly Works

On June 20, 2016, the United States Supreme Court held in Utah v. Strieff that evidence discovered incident to an unconstitutional arrest of an individual should not be suppressed given that the subsequent discovery of an outstanding warrant attenuated the taint from the unlawful detention. Approximately two weeks later the issue of aggressive policing was again thrust into the national spotlight when two African-American individuals — Alton Sterling and Philando Castile — were killed by policemen in Baton Rouge, Louisiana and Falcon Heights, Minnesota, respectively, under questionable circumstances. Though connected by proximity in time, this article will demonstrate that these …

New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash

Faculty Scholarship

In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the “New Policing.” Breaking with a past tradition of “reactive policing,” the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The existing research and scholarship on these developments have focused mostly on the nation’s major cities, where concentrated populations and elevated crime rates provide pressurized laboratories for police experimentation, often in the spotlight of political scrutiny. An additional line of scholarship has looked more closely at how the tactics of the New Policing have …

Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler

Faculty Scholarship

Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest rates …

Informants And Cooperators, Daniel C. Richman

Faculty Scholarship

The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.

Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan Sturm, Haran Tae

Faculty Scholarship

This report documents the roles of formerly incarcerated leaders engaged in work related to reducing incarceration and rebuilding communities, drawing on in-depth interviews with 48 of these leaders conducted over a period of 14 months. These “leaders with conviction” have developed a set of capabilities that enable them to advance transformative change, both in the lives of individuals affected by mass incarceration and in the criminal legal systems that have devastated so many lives and communities. Their leadership assumes particular importance in the era of the Trump Presidency, when the durability of the ideological coalitions to undo the failed apparatus …

Socially Assigned Race, Reactions To Perceived Racial Discrimination And Type Ii Diabetes Mellitus, Jourdyn A. Lawrence

Theses and Dissertations

Background: Numerous studies have utilized race to document health inequities. As race is considered a social classification of persons based upon physical traits, studies have begun to consider socially assigned race defined as the race/ethnicity perceived by others. Socially assigned race may serve as the basis for differential or unfair treatment of persons ascribed to historically oppressed groups. Socially assigned race may also provide additional insight into racial health disparities, particularly among Latino populations who are commonly defined by their ethnicity. This study assesses the relationship between self-identified and socially assigned race/ethnicity and tests the moderating effects of emotional and …

Awareness As A First Step Toward Overcoming Implicit Bias, Cynthia Lee

GW Law Faculty Publications & Other Works

In this book chapter, Cynthia Lee explains that raising awareness of implicit bias is a necessary first step toward eliminating such bias. Lee discusses various ways legal actors can raise awareness about implicit bias, including implicit bias trainings and jury instructions attempting to educate jurors about implicit bias. She concludes that making racial bias (or other types of bias) salient is probably the most effective way to raise awareness of implicit bias in the courtroom setting and discusses the social science literature that supports this conclusion. In light of some studies suggesting that making bias salient may backfire, she suggests …

Exploring The Meaning Of Experiential Deaning, Margaret Martin Barry, Robert Dinerstein, Phyllis Goldfarb, Peggy Maisel, Linda Morton

GW Law Faculty Publications & Other Works

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

Affirmatively Replacing Rape Culture With Consent Culture, Mary Graw Leary

Scholarly Articles

The debate concerning affirmative consent consists of two camps: those who assert people must affirmatively establish a desire to engage in sexual contact and those who believe this is an unattainable standard. However, this is not where the debate should start and end. This paper argues that the movement towards affirmative consent in sexual contact will reduce the occurrence of sexual assault. Criminal law sets the backdrop for this paper, but the author recognizes the limits of criminal law. In order to combat sexual assault, there must be a multidisciplinary response. By providing a comprehensive definition of affirmative consent and …

Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles

Scholarly Articles

A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.

This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the …

Religious Accommodation, Religious Tradition, And Political Polarization, Marc O. Degirolami

Scholarly Articles

A religious accommodation is an exemption from compliance with the law for some but not for others. One might therefore suppose that before granting an accommodation, courts would inquire about whether a legal interference with religious belief or practice is truly significant, if only to evaluate whether the risk of political polarization that attends accommodation is worth hazarding. But that is not the case: any assessment of the significance of a religious belief or practice within a claimant's belief system is strictly forbidden.

Two arguments are pressed in support of this view: (1) courts have institutional reasons for acquiescing on …

Broke But Not Without Hope: Exploring Exits From Housing First And Returns To Homelessness, Jennie Ann Cole

Theses and Dissertations

“…he succeeded in giving the impression of being broke but not without hope.”

Nels Anderson, The Hobo, 1923

Introduction: This research offers a thick and rich, multidimensional and situational look, into a Housing First program in Charlotte, North Carolina. This dissertation focuses on individuals who have experienced chronic homelessness who exit Permanent Supportive Housing (PSH) programs that employ a Housing First (HF) model and return to homelessness. The ultimate goal of my research was to address the gap in knowledge service providers have in housing retention for the chronically homeless and to break the cycle of misunderstanding around why people …

Governing Terrorism Through Preemption: A Comparative Analysis Of Radicalization In Three Western Liberal Democracies, Derek M.D. Silva

Theses and Dissertations

In recent years, issues related to terrorism and counterterrorism are increasingly being understood through the construct of ‘radicalization.’ At its most basic level, radicalization is most often conceptualized as a transition from “normal,” conventional political, religious or otherwise ideological beliefs towards extremist views and ultimately violence. The process is now adopted by governmental officials and politicians, police authorities, journalists, and even scientists to justify various forms of governmental intervention, such as policing, social and public policy, education, and surveillance. Notably missing from the scholarly literature is a distinctly sociological understanding of the implications of the proliferation of radicalization discourse in …

Framing Marijuana: A Study Of How Us Newspapers Frame Marijuana Legalization Stories And Framing Effects Of Marijuana Stories, Hwalbin Kim

Theses and Dissertations

The current study was initially designed to look at how the issue of marijuana legalization was presented in U.S. newspapers and how news frames could influence the audiences’ attitudes or behavioral intentions. To investigate these questions, two different types of research methods were employed: content analysis and experiment. Using framing theory as a theoretical framework, this study found that marijuana legalization has been largely described as a legislation issue or a law enforcement issue, and medical benefit and medical risk were most frequently mentioned attributes to support and oppose marijuana legalization. Findings indicated that news frame could influence the public’s …

The Act Keytrain Program And The Act Workkeys Test Performance: An Action Research Study, Matthew T. Thompson

Theses and Dissertations

The purpose of this quantitative action research study was to describe the effectiveness of the American College Testing (ACT) KeyTrain program in the South Carolina Department of Corrections (SCDC), conducted with 50 inmate-student-participants who were enrolled in the Palmetto Unified School District’s Tyger River High School’s (TyRCI) adult education program. The identified problem of practice for this dissertation in practice (DiP) was an evaluation of the effectiveness of this program for one group of low socioeconomic status Black male inmate-student-participants. This evaluation was of vital importance to the Palmetto Unified School District (PUSD) and SCDC because ACT WorkKeys is one …