Digital Commons Network^™

An Examination Of Relations Among Fear, Guilt, Self-Compassion, And Multicultural Attitudes In White Adults, Whitney W. Black

Theses and Dissertations--Educational, School, and Counseling Psychology

Structural racism is often perpetuated by well-intentioned White individuals who passively accept or are unaware of its existence. However, when their perceptions and understanding of the world are challenged through learning about structural racism, White people may experience emotions such as fear, and guilt, which seem to serve either a debilitating or a motivating role in multicultural attitude development. Self-compassion, which is the ability to process distressing emotions without resorting to avoidance of the emotional experience, may help White individuals work through strong negative affect that accompanies an awareness of structural racism and ultimately aid in the development of multicultural …

Borders And Bits, Jennifer Daskal

Vanderbilt Law Review

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

Restore, Revert, Repeat: Examining The Decompensation Cycle And The Due Process Limitations On The Treatment Of Incompetent Defendants, Margaret W. Smith

Vanderbilt Law Review

Though correctional facilities are one of the largest providers of mental health care in the country, the treatment provided often fails to address the needs of many mentally ill inmates. Indeed, after receiving treatment at a state mental health facility, many pretrial detainees who have been recently restored to competency revert to an incompetent state-or decompensate-upon their return to jail, at which point they must return to the state treatment facility to be restored to competency once again. This Note is the first to explore this "decompensation cycle," highlighting the significance of the problem and demonstrating how mental health treatment …

Funding Restrictions And Separation Of Powers, Zachary S. Price

Vanderbilt Law Review

Congress's "power of the purse"-its authority to deny access to public funds-is one of its most essential constitutional authorities. A central mechanism through which English parliaments clawed liberty from reluctant monarchs, it remains a crucial check on executive overreaching. It may provide power to stop a president in his tracks. And yet, two centuries after the founding, the scope of this congressional power and its relationship with constitutional executive authorities remains both contested and inadequately theorized.

Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz

Vanderbilt Law Review

On average, three or more women are murdered by their intimate partners in the United States every day. Despite the now well-known correlation between coercive control-the strategic use of oppressive behavior to control primarily female partners-and intimate partner homicide, most states continue to focus their criminal domestic violence laws solely on physical violence. As a result, state laws often fail to protect victims from future and escalating violence. Focusing on Tennessee law and drawing from the work of Evan Stark as well as the United Kingdom's Serious Crime Act of 2015, this Note proposes adapting the preexisting crime of false …

Beyond The Tipping Point: Modifying The Five C'S To Empower Transgender And Gender Expansive Youth, Jonah De Chants, Heather Kennedy, Yolanda Anyon

Faculty Research, Scholarly, and Creative Activity

Transgender people have entered an unprecedented moment of visibility in American society and across the globe. However, transgender and gender expansive youth remain vulnerable to family rejection, harassment at school, and discrimination in healthcare and employment. Positive Youth Development (PYD) is an established framework for strengths-based practice with young people that is focused on helping youth develop the skills they need to become healthy, productive adults. In this manuscript, we reconceptualize the 5 C's of PYD to address the unique needs and experiences of transgender and gender expansive youth. We also provide specific guidance for empowering service providers to help …

Remaking The Public Law Library Into A Twenty-First Century Legal Resource Center, Mark G. Harmon, Shannon Grzybowski, Bryan Thompson, Stephanie Cross

Criminology and Criminal Justice Faculty Publications and Presentations

This article reviews the current operations of Multnomah County, Oregon’s public law library and assesses the feasibility of creating a legal resource and self-help center within the library. The article reviews common governance models of law libraries and common self-help models, supplemented by interviews with key stakeholders. We conclude that the county could greatly benefit from a self-help center and make recommendations of best practices.

Toward A Sociology Of Forensic Knowledge: A (Supplementary) Response To Cole, David S. Caudill

Faculty Publications

No abstract provided.

Combatting Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig

Faculty Publications

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Does Developmental Task Disruption Mediate The Link Between Childhood Adversity And Psychopathy?, Kali C. Williams

Cal Poly Humboldt theses and projects

Research has linked adult psychopathy with abuse or neglect in childhood; however, less is known about how it relates to other adverse childhood experiences. The prevention of psychopathic traits may be possible if the issue is examined from a developmental psychopathology perspective, which attempts to understand how early experiences and disruptions in stage-salient tasks may contribute to pathological behavior. ACEs may disrupt the attachment bond between child and parent and continue to impact adult relational functioning, via cognitive templates of adult attachment styles and difficulties with emotion regulation.

This study examined whether ACEs were related to psychopathic trait scores in …

Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales

Scholarly Works

Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …

"We Only Spy On Foreigners": The Myth Of A Universal Right To Privacy And The Practice Of Foreign Mass Surveillance, Asaf Lubin

Articles by Maurer Faculty

The digital age brought with it a new epoch in global political life, one neatly coined by Professor Philip Howard as the “pax technica.” In this new world order, government and industry are “tightly bound” in technological and security arrangements that serve to push forward an information and cyber revolution of unparalleled magnitude. While the rise of information technologies tells a miraculous story of triumph over the physical constraints that once shackled mankind, these very technologies are also the cause of grave concern. Intelligence agencies have been recently involved in the exercise of global indiscriminate surveillance, which purports to go …

Criminalizing Battered Mothers, Courtney Cross

Scholarly Works

How a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she …

Is There “Hope For Every Addicted American”? The New U.S. War On Drugs, B Stone

Publications and Research

The U.S. has been waging a War on Drugs for the last forty years. But in the mid-2010s, a series of reforms have rejected this militant approach. How did these policies manage to break through a gridlocked Congress? What is the nature of these reforms, and what are their political implications? Using critical discourse analysis, I demonstrate that a new policy framework of “addiction recovery” defines the political crises of the opioid epidemic, the failure of the War on Drugs, and mass incarceration in terms of disease, attributing Drug War injustices to prejudice against “addiction,” rather than a constellation of …

Proceedings Of The Cuny Games Conference 4.0: The Interactive Course, Robert O. Duncan, Joe Bisz, Julie Cassidy, Kathleen Offenholley, Maura A. Smale, Carolyn Stallard, Deborah Sturm, Anders A. Wallace, Cuny Games Network

Publications and Research

Proceedings of the CUNY Games Conference, held from January 22-23, 2018, at the CUNY Graduate Center and Borough of Manhattan Community College.

Critical Play with History (Panel) - Composition & Storytelling - Health & Cognitive Sciences - Gaming Anthropology: Teaching Culture and Power Through Games and Design (Panel) - Twine & Writing Games - Easy Ideas II - STEM Games - Global Games for Change Catalog (Panel) - Comics & Active Learning - Fact Checking & Research - Computer Science & Game Design - SimGlobal: Building a Serious Roleplay Course for the Social Sciences (Panel) - Role Playing Games, Narrative, …

Modify And Adjust: Senior Inquiry As A Transformative Whole-School Program For Race And Social Justice, Andrew Kulak, Sarah Dougher, Michael Mooradian Lupro, Sonja Taylor

University Studies Faculty Publications and Presentations

Senior Inquiry is a dual-credit bridge program partnership between University Studies and regional school districts. The partnerships with Portland Public Schools have prioritized serving first-generation students and other underserved populations. As the program has grown, equity concerns among the collaborative teaching teams prompted experimenting with a whole-school model at Jefferson High School Middle College for Advanced Studies while working within the frame of the course theme of Race and Social Justice. This article documents how the Jefferson Senior Inquiry team attempts to authentically address the accumulated systemic inequities encountered by students in our classrooms. Student-centered pedagogy must be modified and …

Housing And Transition: Meeting The Needs Of Young Adults With Mental Health Conditions, Barbara J. Friesen, Nancy Koroloff

School of Social Work Faculty Publications and Presentations

This report addresses challenges faced by transition-age youth and young adults with mental health conditions as they try to find and maintain stable housing. This document was written specifically for program designers, administrators, and policy-makers, and others who are planning to develop or modify housing supports that are available to young adults. It may also be of interest to advocates and young people working to improve housing policy and program options for young people. The document is grounded in two critical considerations: 1) the current political and economic conditions that affect the availability of affordable housing also restrict the availability …

Podcasts Episode 10: Jen Armbruster, Jen Armbruster, Amy T. Parker

O&M On the Go

In this interview, Jen shares her experiences as an athlete and her view on inclusive recreation for all students who are blind and visually impaired. She offers advice about having high expectations for students and encourages Orientation and Mobility Specialists to learn about the power of inclusive sports.

On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel

Faculty Scholarship

No abstract provided.

A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd

Faculty Scholarship

No abstract provided.

Climbing The Mountain Of Criminal Procedure: Comparative Legal Procedure, Stephen R. Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

Book review of Comparative Criminal Procedure (Jacqueline E. Ross & Stephen C. Thaman eds., Edward Elgar, 2016)

Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Owen D. Jones, Kenneth W. Simons

Vanderbilt Law Review

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

Debunked, Discredited, But Still Defended: Why Prosecutors Resist Challenges To Bad Science And Some Suggestions For Crafting Remedies For Wrongful Conviction Based On Changed Science, Aviva A. Orenstein

Articles by Maurer Faculty

Flawed science has significantly contributed to wrongful convictions. Courts struggle with how to address such convictions when the mistaken science (such as bogus expert claims about the differences between accidental fires and intentionally set ones) significantly affected the guilty verdict but there is no DNA evidence to directly exonerate the accused. My short piece explores why prosecutors often defend bad science. Mistakes in science tend to serve the prosecution, but there are other more subtle factors that explain prosecutors’ reluctance to address flawed forensic testimony. Such reluctance may arise from fondness for the status quo and a resistance to subverting …

Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell

Articles by Maurer Faculty

The well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.

The construction of African-American men as symbolic assailants is one of the most important factors characterizing police …

Remorse Bias, M. Eve Hanan

Scholarly Works

In this article, Professor M. Eve Hanan addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants' displays of remorse and how we can lessen the effects of that bias. Part I of this article introduces the main ideas to be discussed. Part II establishes the salience of remorse to punishment decisions and then demonstrates the ambiguity involved in assessing the sincerity of remorse. Part III examines existing research on implicit biases associating African Americans with criminality to consider whether judges are likely to view African American defendants' expressions of remorse as insincere and, thus, …

The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan

Scholarly Works

Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.

Challenges And Strategies For Assessing Student Workplace Performance During Work-Integrated Learning, Denise Jackson

Research outputs 2014 to 2021

This study explores the challenges of assessing student workplace performance during work-integrated learning. It highlights the need for, yet difficulties with, combining positivist and constructivist assessments where workplace supervisors make evaluative judgements on performance yet students are also agents in their own assessment. It examines the ratings awarded by 163 workplace supervisors for 213 business undergraduates completing a work placement as part of their degree program in Western Australia. Students were rated on 17 capabilities associated with employability and results indicate, in alignment with previous studies, a tendency among supervisors to assign inflated marks across capabilities. The mean capability rating …

An Explanation Of Apology Acceptance Based On Lay Peoples’ Insights, James Strickland, Katie Martin, Alfred Allan, Maria M. Allan

Research outputs 2014 to 2021

Apologies play an important role in forgiveness, but the pathway from apology to forgiveness is unclear. Many researchers use Goffman’s model of the corrective interchange, or models derived from it to guide their research. This model is based on the assumption that offenders apologise to victims who accept these apologies and that this leads to forgiveness. The acceptance of the apology is therefore central in this model, so we undertook a systematic literature review to determine how researchers conceptualise and measure apology acceptance and found a lack of clarity around the construct. We addressed this theoretical uncertainty by exploring whether …

An Investigation Of Mobile Phone Use While Driving: An Application Of The Theory Of Planned Behavior, Sokunthea Kruy

Theses: Doctorates and Masters

Mobile phone use while driving has been an emerging issue for road safety in recent years. The development of new technology has meant that users are more connected to their devices than ever before. This has led to use while driving despite the illegality of this behaviour. In this research, three mobile phone use behaviours were investigated: making/receiving calls; creating/sending text messages, and accessing social media. Through application of the Theory of Planned Behavior (TPB), an online survey was developed. Five hundred and fifty-nine university students including 193 young respondents (aged 17 – 25) responded to investigate attitudes, subjective norms, …

Funding Restrictions And Separation Of Powers, Zachary S. Price

Faculty Scholarship

No abstract provided.