Digital Commons Network^™

Brock Turner: Sorting Through The Noise, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

Preliminary Examination In The United States Military: Quality Control And Reform, Frank Rosenblatt

Journal Articles

This chapter considers the process of preliminary examination used by the United States (‘US’) military during its extended missions in Afghanistan and Iraq since 2001.

Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid

Faculty & Staff Scholarship

No abstract provided.

2018-2019 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

What Do The Voices Of Incarcerated Females Tell Educational Leaders About The Need For Mental Health Resources In Pk-12 Programs?, Phyllis E. Burger

Doctorate in Education

Statistical reports confirm that the female incarcerated population is not only increasing, but the frequency of mental disorders among this vulnerable population is accelerating. Women’s pathways to crime show that gender matters significantly in shaping criminality. The frequency of mental disorders among incarcerated females is much higher than that in the general female population; it is higher than that of incarcerated men. There is abundant literature about women in prison, however, little about the characteristics of females in county jails. The goals of this study were to understand both the demographics and characteristics of females in jail and responsive programming …

Winter 2018, Seattle University

Seattle University Magazine

No abstract provided.

Trials By Peers: The Ebb And Flow Of The Criminal Jury In France And Belgium, Claire M. Germain

UF Law Faculty Publications

The participation of lay jurors in criminal courts has known much ebb and flow both in France and in Belgium. These two countries belong to the civil law tradition, where juries are the exception rather than the rule in criminal trials, and they only exist in criminal cases, not civil cases. In spite of some similarities, there are substantial differences between the two countries, and their systems will be examined in turn.

In France, the Cour d’assises itself was inherited from the French Revolution. Since a law of 1941, it is a mixed jury system, meaning that lay citizens sit …

Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications Of The Supreme Court's 2017 Free-Speech Rulings, Clay Calvert

UF Law Faculty Publications

Digging behind the holdings, this Article analyzes less conspicuous, yet highly consequential aspects of the United States Supreme Court’s First Amendment rulings during the opening half of 2017. The four facets of the opinions addressed here— items both within individual cases and cutting across them—hold vast significance for future free-speech battles. Nuances of the justices’ splintering in Matal v. Tam, Packingham v. North Carolina, and Expressions Hair Design v. Schneiderman are examined, as is the immediate impact of Justice Anthony Kennedy’s Packingham dicta regarding online social networks. Furthermore, Justice Sonia Sotomayor’s solo concurrence in the threats case of …

Policing Narrative, Tal Kastner

SMU Law Review

Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower—the mobilization and prioritization of the state’s power to kill—I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …

Promoting Successful Community Re-Integration For Incarcerated Juveniles: The Role Of Occupational Therapy To Enhance Quality Of Life, Madison Gerszewski, Bailey Odegaard

Occupational Therapy Capstones

The purpose of this scholarly project is to present a manual for occupational therapists working with juvenile delinquents in their transition into the community following incarceration. The intended outcome of the project is for juvenile delinquents to be independent, successful members of the community.

A literature review pertaining to juvenile delinquents was conducted and addressed recidivism, risk factors, and unmet needs. At this time, there are no practice guidelines in the United States that capture occupational therapy’s scope of practice when working with adolescents who have been involved in the criminal justice system.

A manual was developed in order to …

Managing Crisis & Disaster In A Connected Digital World, Wayne P. Bergeron

Politics, Justice, Law, and Philosophy

In an increasingly interconnected world, vast knowledge that the world has produced is available in an easily accessible and on-demand format from almost anywhere. Combined with the ability to constantly connect with any past friends and acquaintances (or those one desires to know) through social media and online communication platforms, people are living in a time and age that has no real historical parallel. Of course, what is actually done with that capability on a daily basis generally does not reach society’s full potential.

The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles

Law Faculty Scholarship

No abstract provided.

Book Reviews, Irene Papoulis, Wendy Ryden, Mark Mcbeth, Mary Pigliacelli

The Journal of the Assembly for Expanded Perspectives on Learning

Irene Papoulis: Looking for Solace

Wendy Ryden: Golub, Adam and Heather Richardson Hayton, eds. Monsters in the Classroom: Essays on Teaching What Scares Us. Jefferson, NC: McFarland and Company, Inc., 2017.

Mark McBeth: Waite, Stacey. Teaching Queer: Radical Possibilities for Writing and Knowledge. Pittsburgh: U of Pittsburgh Press, 2017.

Mary Pigliacelli: Eodice, Michele, Anne Ellen Geller, and Neal Lerner. The Meaningful Writing Project: Learning, Teaching, and Writing in Higher Education. Boulder, Utah State UP, 2016.

Back Matter, Joonna Smitherman Trapp, Brad Peters

The Journal of the Assembly for Expanded Perspectives on Learning

Back Matter

Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz

PEEL Alumni Scholarship

This Article argues that citizens have a right to intervene in criminal actions brought by the govern- ment under the Clean Water Act; however, doing so would be so disruptive to the penal system that a court could not allow intervention in this context.

Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada

St. Thomas Law Review

The relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to "Make America Great Again." Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump's campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and …

Falcon V. State: Should The Florida Supreme Court Have Opened The Door For Sentencing Review Of Juveniles Sentenced To Life In Prison For Murder?, Jamie L. Wilson

St. Thomas Law Review

This Comment addresses the implications on victim's families and society regarding the resentencing and future sentencing of juveniles who have been convicted of murder. Specifically, this Comment will focus on the factors judges are required to consider before a life sentence is imposed, while proposing a solution to balance the factors in order to ensure victim's rights are not overlooked. Part II explores the required juvenile sentencing factors mandated by the United States Supreme Court in Miller, and further explores Florida's response as evidenced in Falcon, Atwell v. State, and Landrum v. State. Part II further discusses Florida's previous statutory …

The Cost Of The Government's Failure To Protect Children Witnessing Parental Arrest And Detainment, Tiffany Simmons, Bahiyyah Muhammad, Kasandra Dodd

American University Business Law Review

No abstract provided.

Becoming Active Citizens: Motivations To Volunteer Among Undergraduate Students In A Liberal Arts College, Jessica Washington

School of Professional and Continuing Studies Nonprofit Studies Capstone Projects

Nonprofit organizations exist to meet community needs—often competing against 1.5 million other nonprofits for resources (e.g., money and staff). Consequently, these charitable organizations rely on volunteers to support critical functions, such as fundraising and service provision. Without effective volunteer recruitment strategies, nonprofits may fail to attract the human capital needed for these functions. Furthermore, undergraduate students—conduits of the democratic purpose of higher education—represent a special group of volunteers (who also volunteer at twice the rate of their non-college attending peers). Understanding the volunteer motivations of undergraduate students enrolled in liberal arts colleges provides implications for future research, volunteer recruitment efforts …

Development, Implementation, And Assessment Of An Online Doctoral Student Orientation, Russell J. Garner

CCAC Theses and Dissertations

An examination of the recent literature revealed there are no established standards for orienting online doctoral students. To address this problem, the relevant literature was examined and suggested that doctoral students can be effectively oriented to their academic environment when provided with the requisite programmatic and institutional information, and factors that support socialization and self-efficacy.

A literature-based orientation was developed to examine its impact on students’ first semester success in terms of rates of retention and grade point averages (GPA). This was accomplished using a developmental study approach that included three primary phases: 1) development of a literature-based orientation; 2) …

The Relationship Between Childhood Trauma And Special Education: A Literature Review, Andrea E. Becker

All Electronic Theses and Dissertations

Each year as many as ten million children witness or experience domestic violence in the United States (Winder, 2015) and have shown to experience greater struggles in school. This type of trauma has no boundaries, it can occur in all socioeconomic levels, across all ethnic groups, and all education levels. The National Child Traumatic Stress Network of the United States reports forty percent of students have experienced some form of adversity or trauma (Brunzell et al., 2015). Trauma can be a life shattering experience that can forever alter your biology and view of the world being a safe place (Brunzell …

Mass Incarceration Writing On Demand Unit, Kel Sassi

Other

No abstract provided.

Intimate Partner Violence In Mexico: An Analysis Of The Intersections Between Machismo Culture, Government Policy,And Violence Against Women (2018), Stefany Sterling

International Studies Undergraduate Honors Theses

This paper investigates the root causes of intimate partner violence against women in Mexico, as well as the factors that are closely linked to an increased risk of partner abuse. Intimate partner violence is commonly referred to as gender-based violence, or any form of recurring physical, emotional, economic, or sexual abuse against one’s partner. Gender-based violence is a global problem and is prevalent in many Latin American countries. Mexico has some of the highest rates of intimate partner violence in the region, and for this reason will be the focus of the study. “Machismo culture” is the Latin American variant …

Lawyers Serving Gods, Visible And Invisible, Jonathan R. Cohen

UF Law Faculty Publications

A critique of the American legal profession can be framed through the metaphor of idolatry, specifically the proclivity of lawyers to serve visible rather than invisible interests in their work. This proclivity has ramifications ranging from broad matters like lawyers' responses to deeply embedded social injustices to specific matters such as the excessive focus on pecuniary interests in ordinary legal representation and the high level of dissatisfaction that many lawyers experience in their careers. Using as a lens biblical teaching concerning idolatry, this article begins by describing "visible" as opposed to "invisible" interests in the context of legal practice. It …

How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi

UF Law Faculty Publications

In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.

Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …

Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese

UF Law Faculty Publications

By January, 1956, the Montgomery Bus boycott was in full-swing. Black citizens in Montgomery, Alabama were refusing to ride the city’s private buses to protest racially segregated seating. On the afternoon of January 26, 1956, twenty-seven-year-old Martin Luther King, Jr. had finished his day of work at the Dexter Avenue Baptist Church in Montgomery. On his drive home, King stopped his vehicle to offer a ride to a group of bus boycotters standing at a downtown car-pool location. After the boycotters entered King’s car, two motorcycle policemen pulled-in behind King’s vehicle. While everyone in King’s car tried to remain calm, …

Local Human Rights Lawyering, Lauren Bartlett

All Faculty Scholarship

International human rights offer a powerful set of norms that have helped domestic advocates to successfully secure additional civil, political, economic and social rights for those living in poverty in the U.S. Legal aid attorneys, public defenders, and other public interest advocates have recognized human rights as an additional advocacy tool and are increasingly using human rights arguments in U.S. courts. This article examines three cases in which legal aid attorneys and public defenders successfully used human rights arguments in U.S. courts, and discusses emerging best practices for using human rights in litigation in the U.S.

Public Defense Litigation: An Overview, Lauren Sudeall Lucas

Faculty Publications By Year

No abstract provided.

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Faculty Publications By Year

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Faculty Publications By Year

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …