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At Sword's Point, Part 1: A Documentary History Of The Utah War To 1858; Part 2: A Documentary History Of The Utah War, 1858-1859; Vols. 10 And 11 Of Kingdom In The West: The Mormons And The American Frontier, Devan Jensen

BYU Studies

William P. MacKinnon, ed., At Sword’s Point, Part 1: A Documentary History of the Utah War to 1858, and Part 2: A Documentary History of the Utah War, 1858– 1859, vols. 10 and 11 of Kingdom in the West: The Mormons and the American Frontier, ed. Will Bagley and David L. Bigler (Norman, Okla.: The Arthur H. Clark Company, 2008, 2016)

Spectrum, 2018, Northwestern College

Spectrum literary magazine

Literary Journal

The Science Of Neurobiology Of Sexual Assault Trauma And The Utah Legal System, Donna Kelly, Julie L. Valentine

Faculty Publications

Sexual assault triggers a cascade of physiological responses in victims, commonly referred to as the neurobiology of sexual assault trauma. Victims often report the inability to move or resist, memory loss, and loss of our altered feelings of consciousness – reactions which often negatively impact the perception of their credibility. Recently, the criminal justice system has begun to connect these normal, physiological responses in understanding common victim behaviors and responses. As knowledge of the neurobiology of sexual assault trauma disseminates throughout the criminal justice system, it is readily apparent that education, new protocols, and trauma informed interview techniques are required. …

Criminal Employment Law, Benjamin Levin

Publications

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Publications

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 …

Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad

Publications

Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. In the Article, I defend a distributive justice approach to age-based criteria. Rather than viewing age as a personal characteristic akin to race or religion, the distributive justice approach …

Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs

Faculty Publications

Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …

Ending Harassment By Starting With Retaliation, Nicole Buonocore Porter

Faculty Publications

This Essay posits that the fear of retaliation significantly contributes to the problem of harassment—we cannot hope to end harassment without starting by addressing the reality of retaliation. Although some scholars have argued that the fear of retaliation is one reason women don’t report harassment, and some scholars have discussed the inadequacies of anti-retaliation law, this Essay breaks new ground by arguing that ending harassment must start with preventing retaliation. Part I backs up what seems to be a commonsense proposition: Many victims of harassment do not report it because they fear retaliation.5 Part II then describes the difficulty in …

The Death Penalty As Incapacitation, Marah Stith Mcleod

Journal Articles

Courts and commentators give scant attention to the incapacitation rationale for capital punishment, focusing instead on retribution and deterrence. The idea that execution may be justified to prevent further violence by dangerous prisoners is often ignored in death penalty commentary. The view on the ground could not be more different. Hundreds of executions have been premised on the need to protect society from dangerous offenders. Two states require a finding of future dangerousness for any death sentence, and over a dozen others treat it as an aggravating factor that turns murder into a capital crime.

How can courts and commentators …

Students' Perceptions Of Safety On A Campus In Relation To Firearms, Porfirio Gallegos Jr.

Masters Theses

This study will utilize a qualitative approach to better understand students' perceptions of safety on-campus in relation to firearms. Results found that participants felt safe on-campus due to its rural setting. Determination of geographical upbringing was noted as influential overall in perceptions of firearms. Participants were more confident with faculty having concealed firearms than students. Results also indicated that students have a lack of knowledge when it came to state legislation, their university's policies, and the protocol in place at their university in response to a mass shooting. Students reflected Perry's (2010) multiplicity stage of development appropriate for this age …

Digit Ratio As A Predictor Of Risk Taking And Sensation Seeking Personality Traits And Behaviors, Hanna Elizabeth Hobson

Masters Theses

Digit ratio is the difference in length between the pointer finger and the ring finger on either hand. Commonly referred to as the 2D:4D ratio, this ratio is determined prior to birth, and serves as an indicator of prenatal hormone exposure. Digit ratio has been found to correlate with fundamental personality and behavior characteristics in adulthood. Digit ratio is also thought to be a determinate of sexual orientation in both men and women, but has been debated in the literature. This study examined multiple 2D:4D relationships. Men who were found to have a more masculinized (ie. lower) digit ratio had …

"The Lives Of The Wicked" : Love, Death, And The Hero In Sondheim's Sweeney Todd, Amy Erickson

Graduate Research Theses & Dissertations

This thesis discusses Stephen Sondheim's 1979 musical adaptation of the novel that originated the story of Sweeney Todd in 1846, The String of Pearls. Sondheim's musical has been lastingly popular with its American audience despite the story's British roots, due in large part to the American innovation of the tale. Sondheim's Americanization emphasizes several themes, already staples of American culture as evidenced by trends in popular cultural artifacts such as Batman, which speak to American audiences and allow them to connect with the British story of Sweeney Todd. In Sondheim's transformation, the villainous Sweeney Todd becomes a complex lover, along …

Juvenile Probation Officers' Attitudes And Treatment Toward “Bad Girls”, Lisa Shelton

Graduate Research Theses & Dissertations

Adolescent girls have a reputation for being the most undesirable population to work with in the judicial and correctional systems. This reputation is largely due to the heavy stigmatization of juvenile girls who do not behave in ways that are consistent with traditional standards of femininity. In this study, I examine probation officers’ interactions with their juvenile clients. I closely noted differences and similarities in the treatment given to boys and girls and where various strategies tend to be either beneficial or unsuccessful.

How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty, Morgan Medders

American Indian Law Review

No abstract provided.

Murphy V. Royal: Crime And Procedure, Kevin Cartwright

American Indian Law Review

No abstract provided.

Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh

American Indian Law Review

No abstract provided.

Prisons, Policing, And Pollution: Toward An Abolitionist Framework Within Environmental Justice, Ki'amber Thompson

Pomona Senior Theses

Environmental Justice defines the environment as the spaces where we live, work, and play. The Environmental Justice (EJ) Movement has traditionally used this definition to organize against toxics in communities. However, within EJ work, prisons or policing have often not been centralized or discussed. This means that the approximately 2.2 million people in prison are excluded from the conversation and movement. Additionally, communities and activists are identifying police and prisons as toxics in their communities, but an analysis of policing and prisons is largely missing in EJ scholarship. This thesis explores the intersection between prisons, policing, and pollution. It outlines …

Seeking Justice: Mobilizing The South Asian Community In The Face Of Sexual Assault, Sagarika Gami

Pomona Senior Theses

This thesis looks at how the rule of law fails to achieve justice for Indian-American survivors of domestic violence in a multitude of ways, corresponding to class and religious positionality, as well as documentation status, and how the Indian community mobilizes in response to these failures by creating alternative modes of justice for survivors. Historically, these alternatives have taken form as direct service organizations, providing culturally and linguistically accessible services to survivors. I contend that these are helpful on an individual level, working to interrupt cycles of violence, but not at the collective level – stopping these cycles altogether. Given …

A Qualitative Study Measuring The Success Rates Of African American Males At Passages: An Academic And Support Services Program At Los Angeles Area Community College, Nyree Berry

Theses and Dissertations

According to national statistics, the number of Black women college graduates is 44.8% while for Black men, the national college graduate rate stand on 33.1%. The overall graduation rate of the Black population remains 57.3%. Further as the per statistics, out of 7.9% of the total Black male population in America in the age group of 18 to 24 years, only 2.8% of Black men were undergraduates at public flagship colleges and universities (NCES, 2012). It is argued that while this troubling trend is most prevalent in all groups among Black men, young Black men are generally the most vulnerable …

African-Centered Pedagogy: Exploring Black Male Identity And Achievement Through An African-Centered Lens, Kenneth Turner Jr.

All Graduate Theses, Dissertations, and Other Capstone Projects

This mixed method study researched African-centered pedagogy and examined if it made a difference for Black males in middle school. The study examined what it meant to be Black for the participants through administering the Multidimensional Model of Black Identity (MMBI) which measures Black males' connections to their own cultural group. Students were asked three semi-structured questions about their experiences in school. In addition, MCA test scores and GPA were compared. Twenty-four middle school students participated for two different middle school types in Minnesota: one traditional school and one African-Centered school. Findings revealed that there were substantially different scores on …

2018-2019 Undergraduate Catalog, Morehead State University.

Morehead State Catalog Archive

2018-2019 undergraduate catalog for Morehead State University.

Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani

Reports & Public Policy Documents

The Amici Curiae (‘the Amici’) have been granted leave by Pre-Trial Chamber I (‘the Chamber’) to submit observations in the present proceeding, which derives from the Prosecutor’s request under art. 19(3) for a ruling on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

The Amici respectfully offer the Chamber observations on the novel legal issues raised by the Prosecutor’s Request: (II) the scope of art. 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it; (III) the scope …

Virtual Reality Exceptionalism, Gilad Yadin

Vanderbilt Journal of Entertainment & Technology Law

Virtual reality is here. In just a few years, the technology moved from science fiction to the Internet, from specialized research facilities to living rooms. These new virtual reality environments are connected, collaborative, and social-built to deliver a subjective psychological effect that believably simulates spatial physical reality. Cognitive research shows that this effect is powerful enough that virtual reality users act and interact in ways that mirror real-world social and moral norms and behavior.

Contemporary cyberlaw theory is largely based on the notion that cyberspace is exceptional enough to warrant its own specific rules. This premise, a descendant of early …

Prescriptions At A Price: America's Opioid Crisis And The Increasing Toll On Drug Record Privacy, Reem Blaik

Vanderbilt Journal of Entertainment & Technology Law

How should the US Constitution govern patient privacy in the face of a public health emergency? Declaring the United States' opioid crisis as a public health emergency may put the already-compromised integrity of drug record privacy at higher risk by virtue of emerging administrative responses, existing Supreme Court precedent, and acquiescent state laws. The White House convened a summit on opioids where the then-US attorney general discussed law enforcement responses to the crisis. Although the Fourth Amendment protects against unreasonable searches and seizures, the Supreme Court's third-party doctrine generally grants state and federal actors access to records released to third …

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 …

Perceptions Of Problems, Policies, And Politics Of A Controversial Pacific State Mosque, Frederick Sahakian

Walden Dissertations and Doctoral Studies

Despite the existence of land use and environmental protection policies designed to provide guidance on land development, some projects can still be contentious. As the number of Muslims and mosques in the United States are increasing, little is known about the problematic conditions that Muslims may experience when attempting to site a new mosque, community center, or cemetery. The purpose of this study was to develop a deeper understanding about the experiences and perceptions of those involved in the failed siting of a controversial mosque, community center, and cemetery project in a U.S. West Coast state. The multiple streams framework …

Understanding The Micro-Situational Dynamics Of White Supremacist Violence In The United States, Steven Windisch, Peter Simi, Kathleen Blee, Matthew Demichele

Sociology Faculty Articles and Research

While substantial effort has been devoted to investigating the radicalization process and developing theories to explain why this occurs, surprisingly few studies offer explanations of the micro-situational factors that characterize how extremists accomplish violence. Relying on in-depth life history interviews with 89 former white supremacists, we analyzed the situational, emotional, and moral considerations surrounding white supremacist violence. Overall, we identified a variety of strategies white supremacists utilize for overcoming emotional and cognitive obstacles required to perform violent action. Furthermore, we also identified the callous effect of habitual violence. We conclude this article with suggestions for future research and recommendations for …

Tracing The Evolution Of The Tarasoff Duty In California, Benjamin A. Swerdlow

The Journal of Sociology & Social Welfare

Since the first Tarasoff decision in 1974, the question of mental health professionals’ “duty to protect” third-parties has been a topic of vigorous debate. The ensuing forty-three years witnessed considerable shifts in the statutory and legal landscape in the United States, including several significant changes in California state law over the past decade alone. In this historical review, I trace the evolution of the Tarasoff duty with a specific focus on the state in which that duty originated, California, with the intention of elucidating the major policy, ethical, and practical questions that have followed in the wake of the Tarasoff …

Increased Immigration Enforcement And Perceived Discrimination Among Latino Immigrants, David Becerra, Jason Castillo, Maria Rosario Silva Arciniega, Michela Bou Ghosn Naddy, Van Nguyen

The Journal of Sociology & Social Welfare

The purpose of this paper was to examine the impact of perceived discrimination among Latino immigrants in the context of recent immigration policies and immigration enforcement strategies. Data for this study were drawn from a pilot study (n=213) of adult Latino immigrants living in Arizona during the summer of 2014. The results of multivariate OLS linear regressions indicated greater perceived discrimination was significantly related to reporting: (1) avoidance of immigration officials; (2) family has suffered; and (3) friends have suffered. In addition, greater perceived discrimination was significantly related to lower confidence in a better future for the individual, their families, …

Problems And Politics: A Multiple Streams Analysis Of The Excellence In Mental Health Act Of 2014, Megan Leopold

The Journal of Sociology & Social Welfare

Inadequate funding of community mental health has led to a variety of problems, including a shortage of available providers and services. After decades of being ignored, Congress acknowledged these difficulties in 2014 with the passage of the Excellence in Mental Health Act. The Excellence in Mental Health Act, one of the first to target community mental health in decades, created national standards of care and more adequate reimbursement rates for centers able to meet these new standards. The Multiple Streams framework is used to study the success of the Excellence in Mental Health Act in becoming law, examining how policy …