Digital Commons Network^™

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein

Cardozo Journal of Conflict Resolution

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the …

Mediation As An Alternative To Litigation For Child Custody Disputes For Incarcerated Parents, Maria Abbruzzese

Cardozo Journal of Conflict Resolution

This Note will discuss the background of family law and mediation in America, including the "best interests of the child," how its vague application limits incarcerated parents' rights, and how litigation can lead to an arrangement that is not in the child's best interests. This Note will introduce the Family Dispute Resolution Act, which is legislation enacted in New Zealand that designed a framework for mediation for incarcerated parents. This Note will introduce the problems that incarcerated parents and children of incarcerated parents face in the United States and New Zealand. In the Discussion section, this Note will discuss why …

Advocacy Education For Psychology Graduate Students: A Curriculum For Professional Advocacy In Psychology, Tracey Wheeler

Theses and Dissertations

The aim of this dissertation was to synthesize information from the empirical literature, psychology professional organizations and other relevant sources into a graduate-level curriculum for education in professional advocacy for psychology. Professional advocacy practices, such as public policy and legislative involvement, are necessary to protect and grow psychology's place in the healthcare system, funding for psychological research and access to services for the public. Remarkably low involvement by psychologists in advocacy is theorized to be due to a lack of training, awareness and professional values related to advocacy. This dissertation proposes that graduate school education is an optimal and effective …

Race Matters: A Phenomenological Study Of Cultural Education And Preservation In The Gullah-Geechee Community, Triba Gary-Davis

Theses and Dissertations

Even with the success of the American Preservation Movement and National Trust, most preservation efforts in the United States are focused on sites with patriotic significance favoring the nation’s dominant culture and overlook protecting the land and culture of minorities and indigenous populations (Stradling, 2003). The purpose of this phenomenological study is to explore, through the lens of the Critical Race Theory, the extent to which, if at all, race, racism and environmental injustices impact the preservation efforts of members in the Gullah-Geechee community. This study also explores what programs and activities, if any, that members of the Gullah-Geechee community …

Exploring The Lived Experiences Of Foster Youth Who Obtained Graduate Level Degrees: Self-Efficacy, Resilience, And The Impact On Identity Development, Cristina Miranda

Theses and Dissertations

The purpose of this phenomenological study was to explore the lived experiences of former foster youth who have completed graduate level academic programs in order to discover and describe the elements that these individuals believe led to their academic success. The primary research question for this study was: what do former foster youth who completed graduate level programs report as elements that contributed to their academic success? The researcher utilized a qualitative approach and portraiture methodology. In depth, interviews were conducted with six individuals, three women and three men, who spent time in foster care and later went on to …

#Blacklivesmatter: A Mixed Methods Exploratory Study Of Tweets And Individuals Participating In The Black Lives Matter Movement, Jesusa Fortunata Jackson

Theses and Dissertations

The Black Lives Matter movement is a social movement that seeks to stop the persecution and mistreatment of Black people. The research goal is to explore the Black Lives Matter movement through Twitter (https://twitter.com) posts and participant interviews, using the frameworks of framing and new social movement. Insight on how to address social injustice issues can derive from this study. There is very little research about the Black Lives Matter organization and social media. Social justice is at the heart and soul of these movements, prompting activists and social media users to get involved. The Black Lives Matter organization was …

Empirical Support For Multidimensional Treatment Foster Care (Mtfc): A Critical Review, Jennifer Marie Ladner-Graham

Electronic Theses and Dissertations

Multidimensional Treatment Foster Care (MTFC), initially intended as a treatment for chronic juvenile offenders (adolescents having multiple contacts with the juvenile justice system), was designed as an alternative to placement within group facilities. MTFC allows the adolescent to remain in the community while receiving individual and family-based interventions. These interventions are dedicated to decreasing risk factors associated with offending (e.g., poor parental supervision, association with delinquent peers, poor academic performance) and increasing protective factors (e.g., effective parenting practices, healthy relationships with supportive peers, increased school involvement). MTFC has been utilized to meet the needs of a variety of populations (e.g., …

A Computational Approach To Predicting And Understanding New Psychoactive Substances (Nps) For Developing A Database For State And Federal Crime Laboratories, Caroline Amelia Spencer

Electronic Theses and Dissertations

The object of this dissertation was to use a computational approach to predict and understand new psychoactive substances (NPS) to develop a database for state and federal crime. The primary scope of the dissertation was to better understand the interactions that take place between new psychoactive substances and their corresponding receptors. Through analysis of the interactions between the amino acids within the receptors and the NPS an understanding into the pharmacology and toxicology of these drugs can be gained. NPS such as synthetic cannabinoids fentanyl and its analogs and kratom have become more problematic for both state and federal crime …

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts, James R. Coben

Cardozo Journal of Conflict Resolution

This chapter assesses the likely efficaciousness of the Singapore Mediation Convention based on nearly two decades experience of systematically tracking and studying mediation litigation in the U.S. federal and state courts.

Elder Restorative Justice, Mary Helen Mcneal, Maria Brown

Cardozo Journal of Conflict Resolution

This article explores the viability of utilizing restorative principles to address elder abuse and recommends the continuing implementation of an "elder restorative justice" paradigm. Part I describes the widespread problem of elder exploitation and possible reasons for it, and Part II outlines current strategies to address it. Part III offers an overview of restorative principles, with a description of selected models. In Part IV, this paper reviews restorative approaches currently addressing elder abuse, and their benefits and challenges. Part V analyzes the applicability of the restorative models outlined above to the elder abuse context, assessing the most effective options for …

Raising Roma Voices: An Insider Examination Of American Roma Realities, Resistance, And Revaluation, Sabrina Marks

Electronic Theses and Dissertations

A vast scholarship has been dedicated to examining the discrimination racial and ethnic minorities endure in the United States. Research has also shown racial and ethnic minorities work to resist discrimination via various social processes. One ethnic minority group absent from the literature is the American Roma, more commonly known as Gypsies. Therefore, this study aimed to gain insights into the situation of the American Roma, including the discrimination they endure and the resistance tactics they employ. In-depth semi-structured interviews were conducted with 31 native-born American Roma adults during the course of this insider study. Participants reported experiencing discrimination in …

A Second Step Act For The States (And Counties And Cities), John F. Pfaff

Faculty Scholarship

No abstract provided.

Regulating Prosecutors’ Courtroom Misconduct, Bruce A. Green

Faculty Scholarship

Trial prosecutors’ visible misbehavior, such as improper questioning of witnesses and improper jury arguments, may not seem momentous. Sometimes, the improprieties are simply the product of poor training or overenthusiasm. In many cases, they pass unremarked. As the Chicago Eight trial illustrated, trial prosecutors’ improprieties may also be overshadowed by the excesses of other trial participants—the witnesses, the defendants, the defense lawyers, or even the trial judge. And when noticed, prosecutors’ trial misbehavior can ordinarily be remedied, and then restrained, by a capable trial judge. It is little wonder that disciplinary authorities, having bigger fish to fry, are virtually indifferent …

Medication Access Using An Evidence-Based Adaptive Transitional Care Guidance Tool For Planned Release Of Older Inmates, Erin Iturriaga

Yale School of Nursing Digital Theses

The aging population is growing faster in the correctional system than in the overall U.S. population. Yet, an effective geriatric transitional care process is not available for older persons released from jail. This article documents the development and results of an evidence-based, adaptive transitional care tool guided by Meleis’ transitions theory to improve access to medications for older persons released from jail. Three sources of evidence were used to develop the tool: different categories of literature, expert panel determination of the tool’s domain and content relevance and importance, and a focus group interview of five people working in a transitions …

The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver

Intercultural Human Rights Law Review

Early in his presidency, Barak Obama observed that "the fact that I am very proud of my country and I think that we've got a whole lot to offer the world does not lessen my interest in recognizing the value and wonderful qualities of other countries, or recognizing that we're not always going to be right, or that other people may have good ideas." The American exceptionalism police were quick to charge him with heresy. Then Louisiana Governor Bobby Jindal lamented, for example, that "[t]his is a president who won't proudly proclaim American exceptionalism, maybe the first president ever who …

Social Disorganization Theory: The Role Of Diversity In New Jersey’S Hate Crimes Based On Race And Ethnicity, Dana Maria Ciobanu

Journal of Social, Behavioral, and Health Sciences

The purpose of this correlational panel study was to test Shaw and McKay’s theory of social disorganization by examining the relationship between demographic diversity and hate crime rates. The study focused on the relationship between the level of diversity, residential mobility, unemployment, family disruption, proximity to urban areas, and population density in all 21 New Jersey counties and hate crime rates. The existing data of Federal Bureau of Investigations’ hate crime rates and the U.S. Census Bureau’s demographic diversity were operationalized as the percentage of Whites over all other races, and social disorganization from the 21 counties of New Jersey …

Judicial Activism In Trial Courts, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.

Do Not Forget Families And Households When Addressing Urban Refugee Education, Sarah C. Erwin, Jennifer Sewall, Julie A. Tippens, Dulo Nyaoro, Helen M. Miamidian

Department of Child, Youth, and Family Studies: Faculty Publications

There are currently more than 25.4 million refugees globally, representing the largest number of refugees in recorded history (UNHCR 2018). More than one in three refugees who fall under the auspices of United Nations Refugee Agency (UNHCR) protection are of school age (UNHCR 2019a). Dryden-Peterson (2015, 2016) points out that much of what is known about refugee education stems from research conducted in high-income countries of resettlement, ignoring the reality that the majority of refugees live in low- and middle-income countries (LMICs) neighboring their countries of origin. Additionally, 60% of refugees globally reside in cities (UNHCR 2019c), where UNHCR coordinates …

Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young

Faculty Scholarship

The notion of a “living Constitution” often rests on an implicit assumption that important constitutional values will “grow” in such a way as to make the Constitution more attractive over time. But there are no guarantees: What can grow can also wither and die. This essay, presented as the 2018 Robert F. Boden Lecture at Marquette University Law School, marks the sesquicentennial of the Fourteenth Amendment’s ratification as a powerful charter of liberty and equality for black Americans. But for much of its early history, the Fourteenth Amendment’s meaning moved in reverse, overwhelmed by the end of Reconstruction, the gradual …

Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett

Faculty Scholarship

Professional policing organizations emphasize the importance of the adoption of sound police policies and procedures, but traditionally doing so has been left to individual agencies. State and local government typically does not closely regulate police, and neither federal constitutional rulings nor state law typically sets out in any detail the practices that police should follow. Thus, law enforcement agencies must themselves draft and disseminate policy. This paper presents the results of studies used to assess the adoption of eyewitness identification policies by law enforcement agencies in Virginia. Policymakers were focused on this problem because Virginia experienced a series of DNA …

State Regulated Relationships: Mothers' Experiences Of Partner Incarceration, Hannah Brianne Fields

Graduate Student Theses, Dissertations, & Professional Papers

The effects of incarceration on families have been studied in-depth, but little research evaluates the effects on women parenting children after the incarceration of their romantic partner. This research evaluates how mothers manage to keep their families intact throughout the duration of their partner’s incarceration. I approached this question using a geography theory of care developed by Sophie Bowlby and Linda McKie. This theory states that the quality of care is dependent on the space in which it is provided, the social expectations within the caring environment, and the amount of time required to provide or receive care. Using this …

Investigating The Effectiveness Of Parent-Implemented Interventions In Improving The Social Skills Of Children With Autism Spectrum Disorder, Zachary R. Shindorf

Graduate Student Theses, Dissertations, & Professional Papers

There has been an increase in the diagnosis of Autism Spectrum Disorder (ASD) in recent years. As a result, many families who have a child diagnosed with ASD seek out effective treatment in improving the social skills of their child. Literature suggests varied results when considering the treatment outcomes of different social skills interventions. However, the use of evidence-based practices (EBP), parent involvement in the treatment, and individualized treatment goals is considered best practice when treating ASD. This study combined the use of three EBPs: video modeling, social narratives and parent implemented intervention (PII), in attempts to effectively improve the …

The Importance Of Effective Training Manual Designs For Employees Who Assist People With Disabilities, Marisa Murphy

Research Papers

No abstract provided.

Prison Siting In Appalachia: Carceral Expansion, Neoliberalism, And Environmental Harm, Macey Logan Hall

Online Theses and Dissertations

Since 1991, 14 state and federal prisons have been built in Appalachia with a recent proposal for a federal prison to be constructed in Letcher County, KY. Contradicting the narrative that Appalachia remains separated from the national economy, the ills of carceral growth are apparent throughout the region. This study examines the proposal to build a federal prison in Letcher County, KY. The purpose of this study is to gain further insight into the impact that the carceral state, including its promise of economic development, has on environmental harm and land exploitation in the region. The proposed federal prison would …

Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett

Online Theses and Dissertations

In his concurrence with the Supreme Court ruling in Furman v. Georgia (1972), Justice Thurgood Marshall postulated that levels of support for capital punishment are associated with the amount of knowledge about the death penalty process. He suggested that exposure to information about capital punishment produces sentiments in opposition to capital punishment except in instances for which support is based on retributive beliefs. These notions have become known as the Marshall Hypothesis and have been empirically tested among a variety of populations. The research presented in this thesis adds to that body of literature by testing these ideas among a …

Pacifying The Visual: Police Reform And The Promise Of Body Worn Cameras, Ivan Benitez

Online Theses and Dissertations

Reform is a political tool, long used to ensure the continuation of specific police practices and the police institution itself. Promising increased transparency and accountability and hence legitimacy, Body Worn Cameras (BWC) purport to show the facts of police work and critical incidents precisely as they happened. Invoking and relying upon the objective truth of the image, policy makers, academics and some police themselves see BWCs both as a panacea to arrest police misconduct and a way to guard against spurious allegations. However, placing them in the long history of police reform, BWCs are also usefully understood as a form …

'Savages','Animals' And 'Criminals':Capitalism, Racial Threat And The U.S Long War On Immigration, Rossana Alejandra Diaz

Online Theses and Dissertations

From mass shootings targeting specific ethnic, racial and religious communities to detention centers for immigrant children, it is imperative to ask of such violent contemporary phenomena: "how did we get here? How is this possible in a place like the United States?" The purpose of this study is to begin to address such questions by analyzing the historical legacy of dehumanizing narratives towards immigrants, and by querying how that history may shape and inform contemporary manifestations, illustrated by the rhetoric stemming from the Trump administration. Examining examples of such rhetoric through ethnographic content analysis of President Trump’s speeches and social …

An Examination Of Clery Crime Statistics At Four Year Public Institutions Of Higher Education Served By Or Without Dedicated University Police Departments, Bryan Makinen

Online Theses and Dissertations

This paper was written to examine the impact of dedicated university police departments relative to reporting Clery statistics, fundamental information that prospective students and their parents can use in selecting an institution of higher education. The prospect of gaining knowledge and bettering one’s life occurs best when taking place in a safe and transparent environment. While college and university campuses are not immune to crime, similar to society as a whole, they are statistically safer places by which learning can occur.

The college years are instrumental in shaping the lives and mindset of America’s youth by exposing them to a …

Serial Killers In Popular Media: A Content Analysis Of Sensationalism And Support For Capital Punishment, April Nicole Pace

Online Theses and Dissertations

Serial murder has been a popular media phenomenon across the United States since the 1980s, and media representations of serial killers may significantly influence public opinion as well as impact capital punishment policies. This content analysis examined the portrayal of one dozen different serial killers using 120 online media reports which included articles published between the 1970s to present day. Results of the analysis showed serial killers were often sensationalized and portrayed in biased ways by popular media, with little attention afforded to academic theories. Support for capital punishment was also prevalent. These findings have implications for policy makers seeking …