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Gardner-Webb, The Magazine 2018, Fall (Volume 53 No. 1), Noel T. Manning Ii

Gardner-Webb, The Magazine

Gardner-Webb, The Magazine, previously titled The Webb Magazine, focuses on alumni news and campus events from Gardner-Webb College; now Gardner-Webb University. This issue features an extensive article on Dr. A. Frank Bonner, his contributions to Gardner-Webb, and the accomplishments that the school has achieved during his presidency. There is also an article on his wife, Flossie. Several articles describe achievements of Summer Research Scholars and alumni, and one article details the life of graduate Anna Pashkova who was part of the high school volleyball team featured in the 2018 movie, The Miracle Season.

Evaluation Of An Opioid Risk-Assessment Screening Tool, Jacquelyne Guerra

Walden Dissertations and Doctoral Studies

According to the Centers for Disease Control and Prevention, prescribers should evaluate risk factors related to opioid use prior to initiation of opioid medication. The practice problem in this DNP project was that providers failed to consistently assess patients with complaints of pain for risk of opioid misuse and/or abuse prior to initiating opioid medication. An opioid risk-assessment screening tool (ORAST) has the potential to identify patients at high risk for opioid misuse and/or abuse. The purpose of this Doctor of Nursing Practice project was to identify and introduce an ORAST and then develop a policy to guide providers in …

Incarceration Of Nonviolent Offenders At The High Court In Oyo State, Nigeria, Olugbenga Rotimi Akanji

Walden Dissertations and Doctoral Studies

The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges' use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the …

Rediscovery Of Self After Counseling For Female Survivors Of Intimate Partner Violence, Tiffany Crayton

Walden Dissertations and Doctoral Studies

Researchers have indicated that survivors of intimate partner violence (IPV) have lost a sense of self while being with their abuser. But little or nothing has been published on the rediscovery of self after counseling among female survivors of IPV. The purpose of this phenomenological study which helped to guide the research question and the method of the study was to help bridge the gap in the professional counseling literature by exploring the rediscovery of self after counseling from the perspective of female survivors of IPV. The research question for this study examined the lived experiences of 7 women who …

The Relationship Between Big Five Personality Traits And Burnout: A Study Among Correctional Personnel, Sharon Maylor

Walden Dissertations and Doctoral Studies

Burnout is a serious work related syndrome that is a result of exposure to chronic work stress. In addition to the consequences of burnout on the individual, the symptoms of burnout can adversely affect the organization, the clients the individual works with and the individual's close family and friends. The literature has focused on the history of burnout and the level of burnout experienced by various high stress occupations; however there has not been extensive research into the role personality traits play in burnout. The main research question of this study was to identify personality traits that are more susceptible …

Workplace Bullying From A Nurses Perspective, Dawn Reid White

Walden Dissertations and Doctoral Studies

Bullying has long been associated with school children. In recent years, however, more attention has been paid to the bullying that has reached beyond the playground and into the workforce. One population facing this problem is staff nurses. To date, no one has found an effective way to address workplace bullying in the healthcare field, nor have effective methods been found for retaining trained nurses affected by this problem. The focus of this dissertation was on understanding nurses' lived experiences and how nurses decided to remain in their current working position despite these problems. Taking a phenomenological approach and using …

The Role Of Organizational Justice In Police Interaction Decisions With Citizens Post-Ferguson, Joshua Lee Adams

Walden Dissertations and Doctoral Studies

Recent negatively publicized police-citizen interactions in the media, followed by a subsequent rise in crime rates in the United States, has been named the Ferguson Effect. The Ferguson Effect has been explored by prominent scholars in the criminal justice community; however, little is known about how police officers in small police agencies perceive the Ferguson Effect. The purpose of this qualitative phenomenological study was to explore the perceptions and lived experiences of police officers regarding the Ferguson Effect in small police agencies, as well as police officers' perceptions of their own organizational justice. The theoretical framework for this study was …

Therapists' Experiences Of Domestic Violence Among African American Lesbians, Barbara Camille Bryant

Walden Dissertations and Doctoral Studies

Historically, African American lesbians (AALs) experiencing intimate partner violence (IPV) have received little or no support from therapists due to stigmas concerning the same-sex relationships of AALs in particular, who have been racially marginalized. The purpose of this study was to explore the experiences, attitudes, and perceptions of therapists who provide counseling for AALs who have experienced IPV. The findings of this study may help to better understand the challenges, perceptions, and attitudes of therapists regarding their experiences in working with AALs in domestic violent relationships because existing research was limited on mental health therapists' perceptions of working with AALs …

The Infinite Power Of Grammar, Patrick Barry

Articles

Good lawyers know that effective advocacy requires more than just choosing the right words; it also requires choosing the right word order. The formal term for this choice is “syntax.” But perhaps a better description comes from a 1976 essay by Joan Didion called “Why I Write.”

In it, Didion draws a helpful parallel between the arrangement of a photograph and the arrangement of a sentence. “To shift the structure of a sentence,” she notes, “alters the meaning of that sentence, as definitely and inflexibly as the position of the camera alters the meaning of the object photographed.” Didion refers …

Offshoring Tax Ethics: The Panama Papers, Seeking Refuge From Tax, & Tax Lawyer Referrals, Heather M. Field

Faculty Scholarship

No abstract provided.

Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee

Faculty Scholarship

No abstract provided.

Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia

Faculty Scholarship

No abstract provided.

The Institutional Design Of Punishment, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Federal Laboratories Of Democracy, Dave Owen, Hannah J. Wiseman

Faculty Scholarship

No abstract provided.

A Persistência Das Desigualdades Raciais No Sistema De Justiça Criminal Dos Eua, George Bisharat

Faculty Scholarship

No abstract provided.

Artificial Intelligence: The Importance Of Trust & Distrust, Robin Feldman

Faculty Scholarship

No abstract provided.

Leveraging Social Science Expertise In Immigration Policy, Ming Hsu Chen

Faculty Scholarship

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision- making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It …

Evaluating Fidelity To A Modified Niatx Process Improvement Strategy For Improving Hiv Services In Correctional Facilities, Jennifer Pankow, Jennifer Willett, Yang Yang, Holly Swan, Richard Dembo, William M. Burdon, Yvonne Patterson, Frank S. Pearson, Steven Belenko, Linda K. Frisman

Criminology Faculty Publications

In a study aimed at improving the quality of HIV services for inmates, an organizational process improvement strategy using change teams was tested in 14 correctional facilities in 8 US states and Puerto Rico. Data to examine fidelity to the process improvement strategy consisted of quantitative ratings of the structural and process components of the strategy and qualitative notes that explicate challenges in maintaining fidelity to the strategy. Fidelity challenges included (1) lack of communication and leadership within change teams, (2) instability in team membership, and (3) issues with data utilization in decision-making to implement improvements to services delivery.

Racial Character Evidence In Police Killing Cases, Jasmine Gonzales Rose

Faculty Scholarship

The United States is facing a twofold crisis: police killings of people of color and unaccountability for these killings in the criminal justice system. In many instances, the officers’ use of deadly force is captured on video and often appears clearly unjustified, but grand and petit juries still fail to indict and convict, leaving many baffled. This Article provides an explanation for these failures: juror reliance on “racial character evidence.” Too often, jurors consider race as evidence in criminal trials, particularly in police killing cases where the victim was a person of color. Instead of focusing on admissible evidence, jurors …

Solitary Troubles, Alexander A. Reinert

Articles

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.

2018-2019 Law School Catalog, Southern Methodist University, Dedman School Of Law

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

Forty-Eighth Annual Hooding Of Candidates For The Degree Of Juris Doctor And Advanced Degrees, Southern Methodist University Dedman School Of Law

Law School Commencement / Hooding Programs, 1942-present

No abstract provided.

Capital-Sentencing Law And The New Conservative Court, Scott W. Howe

Cardozo Law Review de•novo

With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes for prompt judicial abolition of the death penalty have vanished. Furthermore, existing Eighth Amendment doctrines that limit the death penalty could be in jeopardy. Historically, many advocates for abolition have criticized these doctrines. They claim that the Eighth Amendment prohibition on Cruel and Unusual Punishments requires “consistency” in capital selection and that current capital-sentencing doctrines do not satisfy—and sometimes conflict with— this requirement. However, these advocates failed to anticipate the need to defend these doctrines should judicial abolition become an impossibility and the rolling-back of current …

An Analysis Of Youtube Content On African American Parenting In The Face Of Community Violence, La-Rhonda Harmon

PCOM Psychology Dissertations

This qualitative study analyzed YouTube video content on the discussion about African American parenting in the face of community violence. The study investigated if conversations about African American parenting changed after the killing of Trayvon Martin, which occurred on February 26, 2012. Ten videos recorded before Trayvon Martin’s death and 20 after were selected and analyzed. Transcripts were coded for emerging themes using grounded-theory research design. Several themes emerged in the videos recorded before and after Martin’s death. Themes related to African American beliefs about parenting and acculturation emerged from the videos recorded before Martin’s death. Themes related to African …

Propping Up Corporate Crime With Corporate Character, Miriam H. Baer

Faculty Scholarship

In his article, Clockwork Corporations: A Character Theory of Corporate Punishment, 103 Iowa. L. Rev. 507 (2018), Mihailis Diamantis champions character theory as a justification for corporate punishment. According to Diamantis, character theory more usefully guides corporate punishment than either deterrence or retribution. The idea is to identify the supposed character flaw that caused a given corporate violation, and then to rehabilitate the corporation by addressing that flaw.

At first glance, Diamantis’s rehabilitative approach appears relatively straightforward. For a corporate crime that is “out of character,” the judicial response might be rather measured; for one that evidences an “errant disposition,” …

Sorting Out White-Collar Crime, Miriam H. Baer

Faculty Scholarship

Our federal criminal code defines crimes, but declines to sort its fraud offenses according to degrees of harm or culpability. Although state prosecutors routinely charge crimes such as homicide or robbery in varying degrees, the federal code’s core fraud statutes are noticeably flat. There is no such thing as first- or second-degree fraud in the federal code.

Amidst a roiling debate as to whether the federal government overcriminalizes or underenforces white-collar crime, scholars have lost sight of the federal code’s lack of gradation. This Article seeks to remedy this neglect, particularly in regard to fraud crimes. Drawing examples from federal …

Radical Feminist Harms On Sex Workers, I. India Thusi

Faculty Scholarship

Sex work has long been a site for contesting womanhood, sexuality, race, and patriarchy. Its very existence forces us to examine how we think about two very dirty subjects-money and sex. The radical feminist literature highlights the problems with sex work and often describes it as a form of "human trafficking" and violence against women. This influential philosophy underlies much of the work in human trafficking courts, was evident in a letter signed by several Hollywood starlets in opposition to Amnesty International's support for decriminalization, and is the premise of several movies and documentaries about "sex slavery." Radical feminists aim …

Deporting Undesirable Women, Pooja R. Dadhania

Faculty Scholarship

Immigration law has long labeled certain categories of immigrants "undesirable." One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of …

Weighing Democracy And Judicial Legitimacy In Judicial Selection, Kenneth S. Klein

Faculty Scholarship

For over two centuries Americans have debated whether judges should be elected or appointed. While the explicitly-framed tension has been about the relative importance of judicial independence and judicial accountability in a democracy, the underlying issue has been about which structure better promotes the legitimacy of the judiciary. An institution has legitimacy when it enjoys diffuse support even for controversial decisions. Judicial legitimacy is in inherent tension with a judiciary in a democracy, since democracy implicitly assumes political elements to selection of all leaders (including judges), while judicial legitimacy is undermined by politics. The contemporary work on the relationship between …

Cost-Benefit Analysis And Human Rights, William J. Aceves

Faculty Scholarship

This Article considers whether cost-benefit analysis can provide the human rights movement with the answers it seeks. It offers an instrumentalist and empirical approach to complement the normative arguments that are most often used by the human rights movement. If human rights could be fully monetized, states could consider the full range of benefits that arise from protecting rights and the costs that occur when rights are violated. This approach could provide states with a more accurate methodology for making decisions that affect human rights. In fact, protecting human rights may prove to be cost-effective, particularly when second order costs …