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Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Bargained Justice: The History And Psychology Of Plea Bargaining And The Trial Penalty, Lucian E. Dervan

Law Faculty Scholarship

In Bargained Justice: The History and Psychology of Plea Bargaining and the Trial Penalty, Lucian E. Dervan traces the historical evolution of plea bargaining from its rejection under English common law to its dominance in modern American criminal adjudication.The article demonstrates that inducements to plead guilty—once condemned as coercive and incompatible with truth-seeking—emerged in the United States in the nineteenth century, expanded during periods of overcriminalization and prohibition, and were ultimately constitutionalized in Brady v. United States (1970). Dervan critically examines the Supreme Court’s assumption in Brady that innocent defendants would not falsely plead guilty in significant numbers. Drawing …

How Can Interdisciplinary Teams Leverage Emerging Technologies To Respond To Transportation Infrastructure Needs? A Mixed-Methods Evaluation Of Civil Engineers, Urban Planners, And Social Workers’ Perspectives, Noelle Fields, Courtney Cronley, Kate Hyun, Stephen Mattingly, Vivian J. Miller, Saeed Reza Ramezanpour Nargesi, Sheida Khademi, Shamsun Nahar, Jessica Williams, Erin Roark Murphy, Melinda Kitchens, Vanessa Wattron

TREC Final Reports

This study explored how engineers, planners, and social workers interact around issues of transportation and transportation equity, and identified opportunities for enhanced collaboration and training in anticipation of emerging transportation needs for environmental justice (EJ) populations. This study provided the foundation for future educational research, identify strategies for using two Android apps (Safe Activity and My Amble) developed at the University of Texas at Arlington (UTA), and identified opportunities for collaborative solutions within the state of the practice. The study assessed the current level of knowledge amongst professionals (engineers, planners, and social workers) about the training needs of the other …

Multiple And Intersecting Experiences Of Women In Prostitution: Improving Access To Helping Services, Kathryn Hodges, Sarah Burch

Dignity: A Journal of Analysis of Exploitation and Violence

When women involved in prostitution experience multiple and intersecting needs, they may face barriers in accessing help and support. These barriers can include geographical location and opening hours of agencies, limited childcare support, and a lack of female-only provision. As a result, women are frequently disadvantaged, and their personal safety put at risk, as they become increasingly vulnerable to exploitation, particularly if they do not have access to secure accommodation. This research project seeks to understand the choices and decisions women make when they engage with helping services. The findings report on an in-depth qualitative study with 11 women involved …

In The Right Direction: Family Diversity In The Inter-American System Of Human Rights, Macarena Saez

North Carolina Journal of International Law

No abstract provided.

Global Borders And Borderlands History Symposium Program 2019, Global Borders And Borderlands History Symposium

Global Borders and Borderlands (Archived)

Borders and borderlands have the unique power to simultaneously unite and divide the people living in and around them. Scholars studying all parts of the world recognize the importance of borders and borderlands not only in the geopolitical sense, but also as they impact economics, diplomacy, culture, society, and human identity. The presenters at this symposium study the role of borders—and the complex "borderlands" they create—in shaping global historical narratives, with an aim toward the multidisciplinary integration of themes like gender, race, ethnicity, indigeneity, violence, environment, and material culture.

The Battle For The Wrong Mistake: Risk Salience In Canadian Refugee Status Decision-Making, Hilary Evans Cameron

Dalhousie Law Journal

Canadian refugee status adjudicators must choose between two opposing bodies of law, one of which resolves doubt in the claimant’s favour and the other at the claimant’s expense. How do they decide which to prefer? How do they decide whether it would be better to risk accepting an unfounded claim or to risk rejecting a well-founded one? This paper explores one potentially relevant factor: the salience of the harms that decision-makers associate with potential risk outcomes. A brief account of recent events in Canadian refugee law history, beginning with the refugee law reforms of former Conservative Immigration Minister Jason Kenney, …

May Federal Prosecutors Take Direction From The President?, Bruce A. Green, Rebecca Roiphe

Fordham Law Review

Suppose the president sought to serve as prosecutor-in-chief, telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president’s direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa F. Grumet

Fordham Law Review

In all fifty states, the State Attorney General (SAG)—as the state’s chief legal officer—is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional—an action scholars describe as “nondefense”— the SAG ordinarily will disclose this decision to the public. This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus briefs that support invalidating other states’ laws …

Reevaluating School Searches Following School-To-Prison Pipeline Reforms, Josh Gupta-Kagan

Fordham Law Review

The U.S. Supreme Court held in New Jersey v. T.L.O. that school officials could search students without a warrant and with only reasonable suspicion, not probable cause, because of schools’ need for discipline and the relationship between educators and students. That case belongs to a body of Fourth Amendment cases involving, in T.L.O.’s terms, “special needs, beyond the normal need for law enforcement.” What Fourth Amendment standard, then, governs searches involving one of the roughly 20,000 school resource officers (SROs) in American schools? Most state courts to decide the issue in the 1990s and 2000s found that T.L.O. applied to …

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

Pretext And Justification: Republicanism, Policing, And Race, Ekow N. Yankah

Cardozo Law Review

On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath the surface of daily interactions between police and men of color.

The "Black Lives Matter" movement has fiercely insisted Scott's death not be viewed as an isolated incident but understood as woven into the fabric of American policing. American policing harms individual people of color, …

Defending White Space, Addie C. Rolnick

Cardozo Law Review

Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions-ranging from body cameras to greater federal oversight to anti-bias training for police-likewise focus on violence as a problem of policing. Amid this national conversation, however, insufficient attention has been paid to private violence. This Article examines the relationship between race, self-defense laws, and modern residential segregation. The goal is to sketch the contours of an important but undertheorized relationship between residential segregation, private violence, and state criminal law. By describing the interplay between residential segregation and modern self-defense law, this Article reveals how criminal …

Re-Examining Custody And Incarceration Requirements In Postconviction Dna Testing Statutes, Ian J. Postman

Cardozo Law Review

Part I describes the history of custody and incarceration requirements in PC DNA testing statutes, as well as the interaction between those requirements and state sex offender registration acts. Part II analyzes a number of custody and incarceration requirements across various states. Part III proposes the elimination of custody requirements from PC DNA testing statutes and rebuts concerns about removing these requirements. Ultimately, this Note argues that custody and incarceration requirements specifically harm those who have been wrongly convicted of sex offenses, and the requirements' fundamental incongruity with the goals of PC DNA testing support their complete elimination from PC …

Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use Of This Powerful Investigative Tool, Alexandra Nieto

Cardozo Law Review

This Note supports the adoption of Familial DNA Search Policies. by states that have not yet taken a position on the issue. Part I of this Note provides background on the role of Familial Searches in criminal investigations. This includes a discussion on the nature of Familial Searches, why they are useful, and the current state of the law. Part I also considers the different guidelines and protections in existing Familial Search Policies, as well as states' policies regulating their DNA databases. Part II discusses the Fourth Amendment and equal protection concerns implicated by Familial Searches and how a court …

Honors Research Symposium Program Spring 2019, University Honors Program, Georgia Southern University

Honors College: News & Publications (2008-2020)

No abstract provided.

The Reluctant Plaintiff, Mary Welek Atwell

Ann B. Hopkins Papers

No abstract provided.

The Mv Sun Sea: A Case Study On The Need For Greater Accountability Mechanisms At Canada Border Services Agency, Lobat Sadrehashemi

Dalhousie Law Journal

In the summer of 2010, the human rights record of Sri Lanka in the aftermath of its civil war remained dismal.1 In Canada, the Immigration and Refugee Board’s acceptance rates for refugee claims made by Tamils �� eeing Sri Lanka was at approximately 84 percent.2 On 13 August 2010, a cargo ship, the MV Sun Sea (Sun Sea), arrived off the coast of British Columbia carrying 492 Tamil men, women, and children who were �� eeing Sri Lanka. Their voyage took just over two months, under horrible conditions. One passenger had died at sea. Most, if not all, had paid …

The Enduring Virtues Of Deferential Federalism: The Federal Government’S Proper Role In Prosecuting Law Enforcement Officers For Civil Rights Offenses, Adam Harris Kurland

UC Law Journal

No abstract provided.

An Evaluation Of The In-School Suspension Program At One High School, Monique Griffin-Gay

Dissertations

In this program evaluation, I examined the effectiveness of in school suspension (ISS) program at one high school. The literature reviewed argues although ISS is a necessity in the current climate of education, ineffective ISS programs can interrupt academic progress. Often used in isolation and as a holding area for code of conduct violations, ISS can yield results such as increased recidivism, increased hostility and decreased academic progress. The methods used within this study included surveys and interviews from key stakeholders. The results revealed some things were working well, and some things were not. In conclusion, Eminence High should incorporate …

Quest: Spring 2019, Lynn University

Quest Literary & Arts Journal

Quest: Lynn University Literary & Arts Journal

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.

Evolving Narratives About College: Immigrant Community College Students’ Perceptions Of The Four-Year Degree In The Great Plains, Moises Padilla, Justin Chase Brown, Elvira Abrica

Department of Educational Administration: Faculty Publications

A significant percentage of the enrollment growth in higher education can be attributed to the recruitment of more diverse students, including those from immigrant households. Although research on immigrant students is growing in light of changing U.S. demographic shifts, this literature is inchoate. This paper examines evolving perspectives of the value of a four-year degree among immigrants and children of immigrants. Thus, in this paper article we synthesize current dominant narratives of immigrant students about the utility and viability of a four-year degree (and the changing impact on community college enrollment) and how they have shifted over time. We observe …

Building Entrepreneurial Self-Efficacy (Ese): How Undergraduate Students Make Meaning Of Their Entrepreneurial Experiences, Amy Kurfist

Educational Leadership & Workforce Development Theses & Dissertations

This qualitative, interview-based research study explores how undergraduate students at a single research university make meaning of their experiences in curricular and co-curricular university entrepreneurship programming. The study focuses on the developmental relationship between entrepreneurship education and feelings of entrepreneurial self-efficacy (ESE) and how feelings of ESE relate to future entrepreneurial intentions. I explore three of Bandura’s (1977) predictors of self-efficacy: mastery experiences, vicarious experiences, and social persuasion interwoven with the six dimensions of ESE developed by De Noble, Jung, and Ehrlich (1999) to determine how undergraduate students make meaning of their entrepreneurial experiences.

Through the analysis of data collected …

Envisioning Abolition Democracy, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

For decades, police in Chicago chained people in their custody to the wall in dark, windowless rooms and subjected their captives to beatings, electric shocks, anal rape, and racial abuse. In July 2016, members of the #LetUsBreathe Collective, created in the aftermath of numerous police killings in Chicago and elsewhere, occupied vacant lots adjacent to the Chicago Police Department’s Homan Square facility — one of the locations where such abuse occurred. The Collective sought justice, not through recourse to the criminal courts or civil litigation, but instead by reconceptualizing justice in connection with efforts to end reliance on imprisonment and …

Police-Community Collaboration In An Upper Midwest City, Samuel Imbody

Masters Theses

Recent clashes between law enforcement and civilians have brought the issue of police-community relations to the forefront of many political discourses. While community policing has achieved a degree of success in alleviating these problems, many of the issues raised by the seminal Kerner Commission in 1967 remain today. This phenomenological case study represents a contemporary look at a city named “Heartland,” which has received accolades from numerous organizations for its community policing efforts. The primary source of data were in-depth interviews with police officers, and members of community organizations in the city of Heartland, analyzing how these two parties collaborate …

Opioid Policing, Barbara A. Fedders

Faculty Publications

This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to — and death from — opioids has spurred this innovation, I refer to it …

Effects Of Prison Program Participation On Recidivism Outcomes, Jordan Jakobs

Sociology & Criminal Justice Theses & Dissertations

Although the relationship between prison programs and recidivism has been extensively researched, few studies have examined the role of commitment as a part of social bond theory and its relationship to prison programs and recidivism. Based on a nationwide sample of 9,890 prisoners, the concept of commitment is used as a paradigm to understand whether completion of prison programs increases bonds of commitment to conventional activities thereby reducing the rate of recidivism. The analyses indicate that commitment improves recidivism outcomes for offenders who completed alcohol and drug treatment programs but not for those in vocational and educational programs. These results …

Reshaping Counselor Education: The Identification Of Influential Factors On Multisystemic Therapy, T'Airra C. Belcher

Counseling & Human Services Theses & Dissertations

Multisystemic therapy (MST) is a form of behavioral health treatment for adolescents which has been identified as one of the leading effective forms of treatment for children and adolescents with severe behavioral and mental health disorders. Since its creation, there have been countless studies exploring if this form of treatment works with a different population in a variety of locations. Additionally, there have been studies which determined that MST is just as effective as or even less effective than other treatment modalities. This dissertation explored the specific aspects of MST and what leads to its effectiveness. A meta-analysis and case …

(Mis)Communicating With Geographic Information System Mapping: Part 1—Choosing Unit Of Representation, Rodrigo Cantarero, Maria Rosario De Guzman, Sarah Taylor, Soo-Young Hong, Jeong-Kyun Choi

Journal of Extension

Extension professionals are increasingly using geographic information system (GIS) technology to develop and inform programs and services. In this article, we use a mapping exercise to demonstrate how the unit of data can be applied and inadvertently misrepresented in GIS mapping. We contrast the use of counts, percentages, and location quotients with the same data and the resulting divergence in maps. The discussion addresses ideal circumstances for using each unit of data. Overall, the article illustrates the need for Extension professionals to be cognizant of the benefits and limitations of various units of data to avoid miscommunication when using GIS …