Digital Commons Network^™

Successes And Challenges In Services For Victims Of Sex Trafficking: An Organizational Analysis, Annelieke Sinnema

Electronic Theses and Dissertations

This study examines how the organization Calltofreedom, located in Sioux Falls South Dakota, works to rehabilitate victims of sex trafficking and how, what this organization offers fits with the needs these victims have. Secondly, this study looks at memorable messages clients of Calltofeedom receive that prevents or encourages them to heal after getting out of a trafficking situation. Sex trafficking is not only an international problem but a home-grown problem in the United States. Awareness about sex trafficking and needs of victims, especially in rural places, is still lacking. With this comes a lack in organizations that can help empower …

Louisiana Survey 2018, Lsu Reilly Center For Media & Public Affairs

Reilly Center Louisiana Surveys

The 2018 Louisiana Survey is the seventeenth in an annual series sponsored by the Reilly Center for Media & Public Affairs at Louisiana State University’s Manship School of Mass Communication. The mission of the Louisiana Survey is to establish benchmarks as well as to capture change in residents’ assessments of state government services. The survey is further dedicated to tracking public opinion on the contemporary policy issues that face the state. Each iteration of the Louisiana Survey contains core items designed to serve as barometers of public sentiment, including assessments of whether the state is heading in the right direction …

Increasing Access To High-Impact Practices: A Case Study On Internships At The University Of Mississippi, Kristina Phillips, Jennifer Saxon

Electronic Theses and Dissertations

This dissertation-in-practice case study aimed to assess internships opportunities at the University of Mississippi (UM) to determine potential barriers for access among African American students and students with low socioeconomic backgrounds. Internships are a high impact practice, as identified by the American Association for Colleges and Universities (AAC&U) that provide students with tangible, real-world experience to prepare for careers after graduation. Experiential learning theories (Kolb, 1984; Dewey, 1938) and high-impact practices (Kuh, 2008) establish the importance of student engagement outside of traditional classroom settings. The patterns and frequency of internship participation are not clear for University of Mississippi students. Research …

The (Not So) New Law Of The Child, Martin Guggenheim

Faculty Articles

This is a response to the recently published article by Anne Dailey and Laura Rosenbury in the Yale Law Journal entitled The New Law of the Child. My principal response is three-fold. As much as I appreciate the effort to search for a new law of the child, in several ways, I believe these authors have failed to provide a satisfactory one. First, in their criticism of what they call “the authorities framework,” by which they mean American law that relegates most of the prominent decisions regarding children’s upbringing to parents, Dailey and Rosenbury end up proposing a substitute or …

Making Connections With The Wire: Telling The Stories Behind The Statistics, Rachel E. Barkow

Faculty Articles

The reality of human nature is that facts and statistics do not move people to action — stories and personal connections do. Narratives, more than raw numbers, help people see the relationship between social and economic inequality and crime. For most Americans, the stories that have informed their view of criminal justice have created the misleading impression that many, if not most, people who commit crimes are violent by nature and unredeemable. With that perception, the statistics cannot break through because the public incorrectly believes the people in prison must all deserve to be there and retribution and public safety …

The Black Police: Policing Our Own, Devon W. Carbado, L. Song Richardson

Faculty Articles

The problem of police violence against African Americans is a salient feature of nationwide discussions about race. Separate from whether racialized policing against African Americans is, in fact, a social phenomenon, is the contestable question about solutions: Assuming that African Americans are indeed the victims of overpolicing, what can we do about it? The answers range from abolishing police officers altogether, to training them, to diversifying police departments. We focus on the diversification of police departments in this essay. Drawing on empirical, historical, and theoretical literatures, we examine how, if at all, black police officers’ race might shape how they …

Issue Preclusion In Employment Arbitration After Epic Systems V. Lewis, Samuel Estreicher, Lukasz Swiderski

Faculty Articles

The Supreme Court’s 5-4 ruling in Epic Systems v. Lewis (2018) that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act’s protection of “concerted activity” by employees may prompt further adoption of class action waivers in arbitration agreements. We consider in this article the prospect of greater use of offensive non-mutual issue preclusion (sometimes termed collateral estoppel) in employment arbitration as an alternative means of minimizing duplicative or inconsistent treatment of employment claims in arbitration. Focusing on confidentiality provisions and preclusion waivers as two obstacles to greater use of estoppel principles in arbitration, we …

Administrative Constitutionalism In Immigration Law, Alina Das

Faculty Articles

The direct application of constitutional norms in immigration law has long been stymied by unique doctrinal and institutional barriers. Scholarship has focused on the role that federal courts may play in indirectly advancing constitutional norms through statutory interpretation and the use of subconstitutional norms in immigration cases. Despite the limited role of federal courts vis-à-vis the administrative state in the shaping of immigration law, less attention has been paid to the role of the executive branch in this arena. This Article addresses and critiques the current state of administrative constitutionalism in immigration law. As this Article describes, the executive branch …

Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron

Faculty Articles

Fourth Amendment standards regarding seizures and uses of force against juveniles in schools require a critical reassessment. Although jurists and scholars have paid it scant attention, this branch of Fourth Amendment doctrine offers a valuable lens for understanding the school-to-prison pipeline and the power of law enforcement officers to detain, handcuff, and use force against schoolchildren. While the Supreme Court has announced principles regarding the Fourth Amendment in schools generally, it has never addressed this issue directly. This Article explores empirical findings on the role of law enforcement in schools and the unique characteristics of juveniles that should impact Fourth …

Prostitution And Public Policy. The Nordic Model Versus The Pimping Of Prostitution, Christopher A. Bagley

Dignity: A Journal of Analysis of Exploitation and Violence

In this review of recent books on public policy and prostitution, Julie Bindel’s The Pimping of Prostitution is sympathetically reviewed. Her thesis, that the libertarian movement seeking to remove prostitution from legal and public policy spheres has done grave harm to the lives of boys, girls and women, is elaborated by quotations from her chapters. This book is an important resource for those who campaign for the rights of women and children to be free of commercial sexual exploitation. The reviewer offers a critical realist perspective on Bindel’s work, in advocating that future scholars should use her extensive research for …

Neutral Ground Or Battleground? Hidden History, Tourism, And Spatial (In)Justice In The New Orleans French Quarter, Lynnell L. Thomas

American Studies Faculty Publication Series

In 2017, the city of New Orleans removed four monuments that paid homage to the city’s Confederate past. The removal came after contentious public debate and decades of intermittent grassroots protests. Despite the public process, details about the removal were closely guarded in the wake of death threats, vandalism, lawsuits, and organized resistance by monument supporters. Workers hired to dismantle the monuments did so surreptitiously under the cloak of darkness, protected by a heavy police presence, with their faces covered to conceal their identities. The divisiveness of this debate and the removal lay bare the contestation over public space, historical …

Gender-Affirming Health Care, Autonomy, And Bias In Insurance And The Law, Margaret Butler

Faculty Publications By Year

No abstract provided.

Renovations Needed: The Fda's Floor/Ceiling Framework, Preemption, And The Opioid Epidemic, Michael R. Abrams

Michigan Law Review

The FDA’s regulatory framework for pharmaceuticals uses a “floor/ceiling” model: administrative rules set a “floor” of minimum safety, while state tort liability sets a “ceiling” of maximum protection. This model emphasizes premarket scrutiny but largely relies on the state common law “ceiling” to police the postapproval drug market. As the Supreme Court increasingly holds state tort law preempted by federal administrative standards, the FDA’s framework becomes increasingly imbalanced. In the face of a historic prescription medication overdose crisis, the Opioid Epidemic, this imbalance allows the pharmaceutical industry to avoid internalizing the public health costs of their opioid products. This Note …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Michigan Law Review

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …

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

Law School Catalogs/Bulletins, 1926-present

No abstract provided.

The Quad (The 2018 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating our young alumni with the Inaugural Emerging Leader Board
• SMU Dedman School of Law's decorated military veterans have fought for justice - and for country
• Technology, Innovation, and Law: Designing Legal Apps

Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams

Public Law and Legal Theory Working Papers

Police brutality—the unsanctioned, unlawful use of force by police against unarmed (and often defenseless) civilians—is one of the recurring motifs of The Wire.¹ The violence occurs in a variety of settings: occasionally the victim of the police brutality has done something to precipitate it (though the brutality is never justified), but more often the violence is unprovoked and senseless. Some police are one-time wrongdoers; others are repeat offenders. Some officers participate in the actual beatings, while others only cover up for the actions of their fellow officers. But in sum, the violence is regular and recurring, if not omnipresent. …

Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Jacob Strahilevitz

Public Law and Legal Theory Working Papers

Though personalization of law is often viewed as a new idea, pockets of criminal procedure already tolerate it. Many courts have held that Miranda warnings must be tailored when read to juveniles or people with limited English proficiency; a suspect’s age is necessarily part of the judicial calculus when determining whether the police’s questioning of her is a custodial interrogation; and some state courts consider a person’s demographic characteristics when deciding whether they have consented to a search. The question before us now is whether society should go further. Should the law of criminal procedure pay more attention to individual …

Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Z. Huq

Public Law and Legal Theory Working Papers

How should constitutional designers address the problem of apex criminality, or criminal actions by those elected or appointed to high positions in a national government? I offer three general observations about this difficult question of constitutional design. First, it is not at all clear that a constitutional designer ought to expend effort on creating accountability mechanisms to address apex criminality. Second, if a designer does choose to address the question, she must opt between two highly imperfect options—a ‘legal’ mechanism embedded in a nonpartisan body such as a prosecutor’s office, or a ‘political’ mechanism, which runs through an elected body …

Criminal Justice, Inc., John Rappaport

Public Law and Legal Theory Working Papers

In the past decade, major retailers nationwide have begun to employ a private, for-profit system to settle criminal disputes, extracting payment from shoplifting suspects in exchange for a promise not to call the police. This Article examines what retailers’ decisions reveal about our public system of criminal justice and the concerns of the agents who run it, the victims who rely on it, and the suspects whose lives it alters. The private policing of commercial spaces is well known, as is private incarceration of convicted offenders. This Article is the first, however, to document how industry has penetrated new parts …

Rx For Addiction And Medication Safety: An Evaluation Of Teen Education For Opioid Misuse Prevention, Emily Patry, P. Bratberg, Ashley L. Buchanan, Andrea L. Paiva, Sara Balestrieri, Kelly L. Matson

Pharmacy Practice and Clinical Research Faculty Publications

Background: Rhode Island (RI) ninth graders report lifetime nonmedical use of prescription opioids (NMUPO) of 8.9%. NMUPO is associated with transition to heroin use, opioid overdose, and death.

Objectives: Measure changes in 9^th grade students' knowledge, confidence, perceptions of opioid use disorder prevention, overdose response with naloxone, treatment, and recovery, following the delivery of an interactive substance use disorder curriculum.

Methods: Eight RI public high schools were recruited to participate. Freshman in each school were administered identical surveys that collected demographic data, substance use and misuse knowledge, students' perceptions of substance misuse harm, reported drug use, and risk and …

"Assault Weapon" Myths, E. Gregory Wallace

Scholarly Works

No abstract provided.

Graduate Catalog And Student Handbook 2018-2019, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice Graduate Course Catalogs

No abstract provided.

Implementation Of An Evidenced-Based Opioid Treatment Program To Improve Maternal-Child Outcomes In Eastern Kentucky, Jordan Rice

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

The Kentucky River Area District Health Department proposes implementation of CHARM-Kentucky, a treatment program for pregnant women with opioid use disorder (OUD), in eastern Kentucky. Over 115 Americans die each day from an opioid overdose, resulting in approximately 42,000 deaths in 2016. In addition to an overall increase in opioid use in recent years, the use of opioids in pregnancy has also increased from 1.19 per 1,000 hospital births in 2000 to 5.63 in 2009. Opioid use during pregnancy results in poor neonatal outcomes including: low birth weight, preterm delivery, small head circumference, increased child maltreatment, and risk for long-term …

Digest Of The Philadelphia College Of Osteopathic Medicine, Philadelphia College Of Osteopathic Medicine

PCOM Digest 2020s

The (2018 No. 1) issue of the Digest of the Philadelphia College of Osteopathic Medicine includes the following articles:

• Updates

• Institutional Heritage: Founders’ Day 2018

• Facing Addiction

• Class Notes

Clustered Bias, Kate Sablosky Elengold

North Carolina Law Review

No abstract provided.

Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon

Articles, Book Chapters, & Popular Press

States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …

Mental Health In U.S. Prisons: How Our System Is Set Up For Failure, Katherine Daifotis

CMC Senior Theses

During the past 60 years, United States prisons have become one of the primary institutions caring for mentally ill individuals. Factors such as privatization of mental health care with a focus on profit-maximization, ineffective jail diversion programs, and unsuccessful mental health courts have contributed to prisons having an increased population of mentally ill inmates. In fact, about 20% of people who are currently incarcerated suffer from a major mental illness (Mason, 2007). Other elements outside of the justice system such as a lack of mental health awareness and a lack of resources have led to damaging interactions between the mentally …

Jocks For Justice: How Sports Media Reflects And Propagates Societal Narratives, Laura Kathryn Reifsnyder

CMC Senior Theses

Sports presents one of the most popular forms of entertainment in society, and sports media continues to expand its billion-dollar influence through new television deal and broadcasting rights. But with a population of journalists who are overwhelmingly white, straight, and male, sports media is promoting the hegemony of said image by reproducing stereotypes in its broadcasts to audiences around the country. Mainstream media regurgitates these stereotypes in their coverage of minority athlete by portraying black players as unintelligent or “thug”-ish, women as “butch”, and gay athletes as effeminate. These representations allow for the perpetuation of the white, heterosexual male narrative …

The Changing Nature Of Death Qualification And Its Interaction With Attitude Salience, Brendan Busch

CMC Senior Theses

Death qualification is a problematic aspect of capital trials, as death qualified jurors have higher conviction rates than non-death qualified jurors. The current study examines whether the death qualification process itself affects juror decision-making via attitude salience effects.

Participants (n=90) recruited from the venire juror pool at the Santa Ana Superior Court were asked to read a trial transcript and decide guilt or innocence and whether they would sentence the defendant to death. Half of the participants were given a survey determining death qualification before they read the trial (making death qualification salient), while the other half were given the …