Digital Commons Network^™

The Effects Of The Dallas Independent School District Code Of Conduct On Lgbtq Young Adults Of Color, Antoinette Mcintosh

All Theses And Dissertations

This study explored the past lived experiences of LGBTQ young adults of color (ages 23-28) who were affected by the DISD Student Code of Conduct while attending high school. This study sought to discover the experiences, behaviors, and expectations that LGBTQ youth of color had in relation to the DISD Code of Conduct. This study used a qualitative phenomenological method with data collected from purposeful sampling of six LGBTQ young adults of color who attended DISD high schools and were suspended and/or expelled due to the zero tolerance nature of the student code of conduct. Inductive reasoning was used as …

When Stop And Frisk Comes Home: Policing Public And Patrolled Housing, Alexis Karteron

Case Western Reserve Law Review

No abstract provided.

Defending White Space, Addie C. Rolnick

Scholarly Works

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 …

Incapacitating Errors: Sentencing And The Science Of Change, M. Eve Hanan

Scholarly Works

Despite widespread support for shifting sentencing policy from “tough on crime” to “smart on crime,” reflected in legislation like the federal First Step Act, the scope of criminal justice reform has been limited. We continue to engage in practices that permanently incapacitate people while carving out only limited niches of sentencing reform for special groups like first-time nonviolent offenders and adolescents. We cannot, however, be “smart on crime” without a theory of punishment that supports second chances for the broadest range of people convicted of crimes.

This Article posits that the cultural belief that adults do not change poses a …

About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon

Scholarly Works

This Article examines specialty courts, including drug, alcohol, and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “co-occurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic …

Can President Trump Become His Own Judge And Jury? A Legal Analysis Of President Trump's Amenability To Criminal Indictment And Ability To Self-Pardon, Nicolo A. Lozano

Nova Law Review

No abstract provided.

Punishing Homelessness, Sara K. Rankin

Faculty Articles

Homelessness is punishing to those who experience it, not just from the inherent and protracted trauma of living exposed on the street, but also due to widespread and pervasive laws that punish people for being homeless. People experiencing homelessness, particularly chronic homelessness, often lack reasonable alternatives to living in public. Yet cities throughout the country are increasingly enacting and enforcing laws that punish the conduct of necessary, life-sustaining activities in public, even when many people have no other option. These laws are frequently challenged in court and often struck down as unconstitutional. But legally sound, cost-effective, and non-punitive alternatives to …

Covenant: An Exploration Of Restorative Justice In The Los Angeles Unified School District, Isaac Cardenas

Say Something Theological: The Student Journal of Theological Studies

No abstract provided.

Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret F. Brinig, Marsha Garrison

Journal Articles

In this paper, we report data on multi-partner fertility (MPF) in a population of children and parents for whom paternity actions were brought, in 2008 or 2010, in St. Joseph County, Indiana. The computerized, court-based record system we utilized enabled us to collect information on parental characteristics and child outcomes that other MPF researchers have been unable to access. Our research thus offers a unique, data-rich window into an important, and growing, aspect of contemporary family life. It also points the way to needed shifts in family policy and law.

Foreword, Sudha Setty

Faculty Scholarship

In this Article, the Author reflects on legal education and the role of law reviews. Law reviews not only serve as an educational opportunity, but offer potential legal reforms to help legal scholars, practitioners, and the public understand possible shortcomings of the current state of the law and help law and policy makers contemplate potential improvements.

Klatsky Endowed Lecture In Human Rights, Catherine Marchi-Uhel

Case Western Reserve Journal of International Law

Catherine Marchi-Uheldiscusses widespread violations of human rights and international humanitarian lawm which the international community should address.

Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino

Case Western Reserve Journal of International Law

Elisa Massimino presents an adaptation of her speech, which focuses on role of the U.S. in the international human rights. Specific topics included praise of dictoators, withdrawal from the Human Rights Council, the need to fight to preserve and restore democracy and rule of law and the Trump Adminsitration's blocking of Muslim refugees.

Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.

The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii

Case Western Reserve Journal of International Law

The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.

The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.

World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron

Case Western Reserve Journal of International Law

ISIS's use of social media presents a new challenge for counterterror efforts. The organization aims to recruit followers and incite violence through social media. Given that this is a new medium for terrorist organizations, social media companies have come under fire for indirectly providing ISIS with farreaching platforms to spread its content. The companies, as well as national governments and international entities, have attempted to respond to the threat posed by such content. These responses, however, have proven ineffective. This Note argues that to effectively respond to and combat the threat posed by terrorist speech, national governments should adopt a …

Fighting The "Three Evils": A Structural Analysis Of Counter-Terrorism Legal Architecture In China, Enshen Li

Emory International Law Review

In the aftermath of September 11 attacks, China has not been immune to the global trend of destructive terrorism. However, China's perceptions of terrorism and legal responses to it greatly diverge from those of other countries. This Article first seeks to understand the cause, source, and impact of terrorist threats in China, known as 'Three Evils''terrorism, extremism, and separatism, through a critical inquiry of the country's ethnic and religious policies. It then proceeds to delineate China's legal framework for combating the 'Three Evils' to explore the cultural characteristics of the government's approach against these rising threats. Tracing the evolution of …

The Correctional Officer-Inmate Relationship: Evaluating Job Functionality To Enhance Rehabilitation, Maya Stern

Faculty Curated Undergraduate Works

The relationship between correctional officers (COs) and the prison populations they survey is vastly understudied in the field of criminal justice. Currently, reports on correctional officers focus on the officers' indispensable role in the prison system as well as their subjectivity to high turnover rates. Studies assessing this relationship would be of great use to prison administrations and the criminal justice system as a whole, because creating effective relationships between COs and inmates may correlate with incidences of job stress and turnover. Utilizing a shift in research would also promote rehabilitative attitudes as the correctional officer and inmate relationship is …

Arcadia Magazine, 2019-01-04

Alumni Magazine

No abstract provided.

Note: The Prisoner’S Dementia: Ethical And Legal Issues Regarding Dementia And Healthcare In Prison, David M. N. Garavito

Articles

This Note will give an overview of the political and legal issues that lead to the underdiagnosing of dementias in prison populations and the problems associated with such underdiagnosing. Part I will discuss various forms of dementia that place the prison population at risk, providing general information about both pathology and symptomology of these disorders. Part II will provide an overview of the laws and policies surrounding the healthcare of prisoners and how these policies could lead to underdiagnosing problems specifically with neurological problems like dementia. Part III will describe how the symptomology of dementia, especially for those who remain …

Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Brenda Williams, Edwin Lindo, Marc-Tizoc González

Articles

In this Article, three law professors report on and theorize a nonviolent direct-action campaign of the kind discussed by Dr. King in his famous Letter from a Birmingham Jail. Using the basic steps of the nonviolent campaign as an organizing framework, they analyze and report on the 18-day hunger strike by the Frisco 5 (a.k.a., Frisco5). This direct action protested the extrajudicial killings of Amilcar Perez-Lopez, Alex Nieto, Luis Góngora-Pat, and Mario Woods by San Francisco Police Department (SFPD) officers and advocated for institutional change to reduce the risk of homicides against persons with similarly racialized minority-group identities. Two weeks …

Martin School Alumni Survey, Carl Sims

MPA/MPP/MPFM Capstone Projects

The Martin School of Public Policy and Administration is subject to reaccreditation from the Network of Schools of Public Policy, Affairs, and Administration (NASPAA) every seven years. To initiate the reaccreditation process, the Martin School must conduct a programmatic self-study that analyzes the program’s mission, governance, faculty, students, competencies, resources, and communication. The self-study is beneficial not only for the purpose of reaccreditation but also can better inform the school’s strategic planning process

To assist in providing the self-study relevant data, the Martin School can solicit information from its alumni. Alumni data can be used to establish how well the …

To What Extent Do Religious Institutions Provide A Societal Value? Is The Tax-Exempt Status Justified?, Annabel Hou

Scripps Senior Theses

Religious institutions have been tax-exempt from almost all taxes for more than two centuries. The two primary justifications used to protect this ‘status’ is the constitution and the concept that churches provide positive externalities that believers and non-believers all benefit from. This paper examines the relationship between religiosity and five socially important characteristics: high school graduation rate, a divorce rate, incidence of domestic violence, and levels of substance abuse and crime. I run multiple simple and full regressions across 207 counties in Texas. In four of the five analyses, religiosity has a strong statistically significant desirable impact. With the addition …

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make bipartisan moves to implement …

Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri

Articles

In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call. Together they have embraced the inner city as a context for experiential learning, qualitative research, and legal-political advocacy regarding concentrated poverty, neighborhood disadvantage, residential segregation, and mass incarceration. Indeed, for academics, advocates, and activists alike, the inner city stands out as a focal point of …

Strict Liability For Genetic Privacy Violations In The Age Of Big Data, Benjamin Sundholm

Faculty Publications

(Excerpt)

The ethical issues implicated by the misuse of genetic information have been smoldering for over half a century, and the age of big data has turned them into a five-alarm fire. In recent years, medical researchers and commercial enterprises have been using technological advancements to develop a variety of innovative ways to use genetic information. For example, it is becoming increasingly common for people to learn more about their health and family history by paying direct-to-consumer (“DTC”) companies to analyze their genetic data. DTC companies store the results of these tests electronically and often share them with pharmaceutical companies …

Arrests As Guilt, Anna Roberts

Faculty Publications

An arrest puts a halt to one’s free life and may act as prelude to a new process. That new process—prosecution—may culminate in a finding of guilt. But arrest and guilt—concepts that are factually and legally distinct—frequently seem to be fused together. This fusion appears in many of the consequences of arrest, including the use of arrests in assessing “risk,” in calculating “recidivism,” and in identifying “offenders.” An examination of this fusion elucidates obstacles to key aspects of criminal justice reform. Efforts at reform, whether focused on prosecution or defense, police or bail, require a robust understanding of the differences …

Discipline And Policing, Kate Levine

Faculty Publications

A prime focus of police-reform advocates is the transparency of police discipline. Indeed, transparency is one of, the most popular accountability solutions for a wide swath of policing problems. This Article examines the “transparency cure” as it applies to Police Disciplinary Records (“PDRs”). These records are part of an officer’s personnel file and contain reported wrongdoing from supervisors, Internal Affairs Bureaus, and Citizen Complaint Review Boards.

This Article argues that making PDRs public is worthy of skeptical examination. It problematizes the notion that transparency is a worthy end goal for those who desire to see police-reform in general. Transparency is …

Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts

Faculty Publications

(Excerpt)

In “Opioid Policing,” Barbara Fedders contributes to the law review literature the first joint scholarly analysis of two drug policing innovations: Seattle’s Law Enforcement Assisted Diversion (LEAD) program and the Angel Initiative, which originated in Gloucester, Massachusetts. Even while welcoming the innovation and inspiration of these programs, she remains clear-eyed about the need to scrutinize their potential downsides. Her work is crucially timed. While still just a few years old, LEAD has been replicated many times and appears likely to be replicated still further—and to be written about much more. Inspired by Fedders’s call for a balanced take, this …

The Effect Of Racial Confirmation Biases On Whistleblowing Intent, Charlotte M. Jacobson

EWU Masters Thesis Collection

Previous research has demonstrated the negative impact of stereotypes on Black individuals in the workplace, including differential employment rates between races, the influence of race on hiring decisions, and the effect of racial discrimination on job satisfaction and turnover. However, the impact of racial stereotypes on employees’ decisions to report a witnessed wrongdoing (i.e., whistleblowing) have not been examined. In this study, I investigated whether racial stereotypes and confirmation biases make an individual more likely to blow the whistle on a Black coworker than a White coworker for the same wrongdoing. I also examined the potential moderating effect of the …