Digital Commons Network^™

Groups, Gangs, And Associates: Understanding Outlaw Motorcycle Gangs, Andy Bain

South Dakota Law Review

No abstract provided.

Investigating The Response Criteria Shift Account For The Verbal Overshadowing Effect, Matthew C. Dean

Honors Theses

The present study investigated the impact of response criteria shift effects within the verbal overshadowing effect (VOE). Participants watched a video recording of a burglary and were then given one of two tasks: either 1.) a recall task or 2.) a non- recall task (Tetris). Participants were then shown a two-person lineup and forced to identify the burglar. The results of the experiment indicated that participants who engage in the recall task demonstrate verbal overshadowing, despite being forced to identify from a lineup. Essentially, verbal overshadowing occurs without a shift in response criteria.

Exploring The Association Between Post-Traumatic Stress Disorder And Social Connectedness With Quality Of Life Among High-Risk Hispanic Women Living In The U.S.-Mexico Border: A Mixed Methods Approach, Tamanna Ferdous

Open Access Theses & Dissertations

Quality of life (QOL) is an emerging significant public health concern. The QOL among the women living in the U.S.-MX border region is different than that of other parts of the United States. The unique characteristics of U.S.-MX border include lower socioeconomic status, immigration and acculturation challenges. These along with social, structural, and regional norms place individuals, particularly women, living in this region at high-risk for post-traumatic stress disorder (PTSD), substance use disorder (SUD), weakened social connectedness, and domestic violence, which in turn affect their QOL. The purpose of this study is to examine the effects of PTSD and social …

The Ghost In The Courtroom: When Opinions Are Adopted Verbatim From Prosecutors, Natasha-Eileen Ulate

Duke Law Journal

Judicial opinions captivate the legal community, serving as a hub for teaching new lawyers and developing the law. These opinions also provide a method for the justice system to communicate with the people it serves—both the parties to the cases and the public. This communication should be well-reasoned and developed from a neutral standpoint. However, this ideal is being seriously threatened by ghostwriting, the practice of allowing a party to write the opinion. This is particularly troubling in criminal cases, where the very lawyers charged with prosecuting defendants are writing the opinions against them.

This Note proposes that opinions written …

Statute Of Limitations For Child Sexual Abuse Civil Lawsuits In Georgia, Emma Hetherington, Jean Mangan, Chase Lyndale, Michael Nunnally, Wilbanks Child Endangerment And Sexual Exploitation Clinic, University Of Georgia School Of Law

Scholarly Works

Only 29% of child sexual abuse reports result in criminal charges being filed. As a result, most states have enacted civil statutes of limitations to allow survivors to file claims both against abusers and also those who owed them a duty of care and knew or should have known about the abuse. In 2015 the Georgia legislature passed the Hidden Predator Act (HPA) to amend the state’s civil statute of limitations. Under the HPA, survivors of child sexual abuse that occurred prior to July 1, 2015 were given a two-year retroactive window under which to file claims against their abusers. …

Bias In, Bias Out, Sandra G. Mayson

Scholarly Works

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …

Reflecting Clinics At 50: Reports From The Field, Russell C. Gabriel

Scholarly Works

For lawyers, learning law by practicing law is customary. In the world of legal education, learning from practice is situated in both acceptance and opposition. There are practical arguments in its favor—the practicing bar wants law graduates to be “practice ready,” and theoretical arguments—understanding how law operates in the real world yields a clearer understanding of law itself, how it maintains social and economic structures, and how it impacts individuals. At the University of Georgia, law students, hungry for a legal education and a bar license, have been learning from practice in the Law School’s clinical programs for over fifty …

Why Is The Protective Order Project Still In Business; Or, If The Family Justice Clinic Has Been At It So Long, Why Hasn’T Anything Changed? Domestic Violence As A Continuing Societal Concern, Christine M. Scartz, Chelsea Reese

Scholarly Works

This Article explores the Georgia Law Family Violence and the continuing societal concern surrounding domestic violence.

Access To The Civil Court System For Survivors Of Child Sexual Abuse In Georgia: Observations And Recommendations From The Clinical Legal Education Experience, Emma M. Hetherington, Michael Nunnally

Scholarly Works

Founded in January 2016, the Wilbanks Child Endangerment and Sexual Exploitation Clinic (the CEASE Clinic) represents survivors of child sexual abuse in juvenile court dependency matters and civil litigation and is the first of its kind in the nation. The CEASE Clinic was established through a generous donation by Georgia Law alumnus Marlan Wilbanks (JD ‘84) in response to a new Georgia law known as the Hidden Predator Act (the HPA) that went into effect on July 1, 2015. The HPA extended the statute of limitations for civil claims arising out of acts of child sexual abuse by providing a …

Quiet-Revolution Rulings In Constitutional Law, Dan T. Coenen

Scholarly Works

The Supreme Court ordinarily supports its establishment of major constitutional principles with detailed justifications in its opinions. On occasion, however, the Court proceeds in a very different way, issuing landmark pronouncements without giving any supportive reasons at all. This Article documents the recurring character and deep importance of these “quietrevolution rulings” in constitutional law. It shows that—however surprising it might seem—rulings of this sort have played key roles in shaping incorporation; reverse incorporation; congressional power; federal courts; and freedom-ofspeech, freedom-of-religion, and equal-protection law. According to the synthesis offered here, these rulings fall into two categories. One set of cases involves …

Counter-Ideology As A Wider Strategy For Defeating The Boko Haram Terrorist Group, Kwesi Ayima

Walden Dissertations and Doctoral Studies

There is a need to address current military strategies to defeat the resilience of the Boko Haram Terrorist (BHT) group. The purpose of this qualitative study was to provide a counter-ideology framework as an alternative strategy to defeat the group. The relational/vengeance and relative deprivation theories provided the theoretical foundation for the study, and the research question addressed the extent to which counter-ideology strategies can be instituted to defeat the BHT group. Data were collected through semi structured interviews from 20 participants who were Muslim clerics, community leaders, and military personnel, and data were analyzed using Nvivo software. The themes …

Introduction, Heather Neff

Faculty Scholarship 2019

No abstract provided.

Mothering The Aggressive Child, Katja Ermann

PsyD Program in Clinical Psychology Doctoral Dissertations (Seattle)

This qualitative study explores the experience of mothers parenting significantly aggressive children, ages five to 10. Little has been known previously about how women experience this aggression or the social and psychological impacts it has on them. This dissertation highlights the women’s understandings to provide a solid basis for theoretical explication using a Constructivist Ground Theory approach. Significant findings include the invisibility and stigma the women feel and the ways in which the experience is similar and dissimilar to other forms of family violence, particularly adolescent-on-parent violence (APV). Differences were found in social stigma between women whose child has a …

Governance Through Diversion In Neoliberal Times And The Possibilities For Transformative Social Justice, Patricia Gray, Roger Smith

School of Law, Humanities and Social Sciences

Over the last decade, the dramatic increase in the number of young people diverted from formal processing through the youth justice system in England and Wales, and the equally sharp drop in the rate of youth custody suggest that the neoliberal formula for the penal governance of young people who offend has been undergoing significant reshaping. This article draws on research which interrogates the changes that are currently taking place, particularly the proliferation of “out of court” community-based measures of diversion and offense resolution, to develop a more fine-tuned conceptualization of the complexities of neoliberal youth penality. We base our …

The Present Crisis In American Bail, Kellen R. Funk

Faculty Scholarship

More than fifty years after a predicted coming federal courts crisis in bail, district courts have begun granting major systemic injunctions against money bail systems. This Essay surveys the constitutional theories and circuit splits that are forming through these litigations. The major point of controversy is the level of federal court scrutiny triggered by allegedly unconstitutional bail regimes, an inquiry complicated by ambiguous Supreme Court precedents on (1) post-conviction fines, (2) preventive detention at the federal level, and (3) the adequacy of probable cause hearings. The Essay argues that the application of strict scrutiny makes the best sense of these …

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

Faculty Scholarship

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 …

Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz

Faculty Scholarship

Across every region of the world, states are daily alleged to have committed or to have failed to prevent unlawful killings. From police shootings of members of ethnic minorities, to the use of lethal force against protestors during peacetime, to indiscriminate air strikes and targeted attacks on civilians during armed conflict, one of the most pressing concerns is ensuring that an effective investigation of the killing is conducted. Without an investigation, accountability is typically impossible, and families and communities must endure the pain of loss without knowing the truth, much less seeing justice. Investigations are an essential component of the …

Please Tweet Responsibly: The Social And Professional Ethics Of Public Defenders Using Client Information In Social Media Advocacy, Nicole Smith Futrell

Faculty Scholarship

Every day the criminal legal system hauls poor and marginalized individuals through a process wrought with trauma, indignity, and abuse. Public defenders representing the criminally accused view their clients and the system from a unique vantage point: they bear witness to the human costs of a system that falls far short of its purported norms and ideals. For the public defender who works within this reality day in and day out, fighting for each individual client might feel limited in its wider impact. Some public defenders have found that using online and social media platforms, such as Twitter, to provide …

Mothering The Aggressive Child, Katja Ermann

Antioch University Dissertations & Theses

This qualitative study explores the experience of mothers parenting significantly aggressive children, ages five to 10. Little has been known previously about how women experience this aggression or the social and psychological impacts it has on them. This dissertation highlights the women’s understandings to provide a solid basis for theoretical explication using a Constructivist Ground Theory approach. Significant findings include the invisibility and stigma the women feel and the ways in which the experience is similar and dissimilar to other forms of family violence, particularly adolescent-on-parent violence (APV). Differences were found in social stigma between women whose child has a …

Evaluation Of The Veteran Resilience Project, Shon Powell

Antioch University Dissertations & Theses

Posttraumatic Stress Disorder (PTSD) is a daunting concern among the majority of organizations with diverse, or tangential, affiliations to the United States Military and/or its personnel. Unquestionably, the 21 million service-connected individuals, at the time of this writing, (i.e., Active-Duty, Reserve, National Guard, and Veterans) afflicted with this disorder are the catalyst for the intense public and private sector interest and involvement in eradication of this disorder. Prevalence rates of PTSD among this complex classification of persons vary across the relevant literature. Some estimates suggest anywhere from 11 to 20 percent, while other sources indicate that upwards of 40 percent …

Striving For Credibility In The Face Of Ambiguity: A Grounded Theory Study Of Extreme Hardship Immigration Psychological Evaluations, Susan M. Burke

Antioch University Dissertations & Theses

Psychological evaluations are frequently used in extreme hardship immigration cases in the United States. These evaluations are complex; they are inherently ambiguous, and they require extensive training and specialized knowledge. General guidance for mental health professionals is available from professional organizations, the federal government, and articles in the legal and mental health literature. However, there is a lack of detailed guidance, best practices, training, and supervision so many evaluators learn on their own. Unfortunately, this has resulted in assessment processes and evaluation reports that vary widely in terms of professionalism and quality which negatively impacts the vulnerable families seeking these …

Human Dignity: The Clandestine Factor In Prosecutorial Discretion, Tamara F. Lawson

Intercultural Human Rights Law Review

Justice and human dignity have an organic and symbiotic relationship. The American Bar Association's Functions and Duties of the Prosecutor Standard 3-1.2(a) outlines that "[t]he prosecutor is an administrator of justice . . . [and] should exercise sound discretion and independent judgement in the performance of the prosecution function." The ABA standards further prohibit improper bias2 and proscribe a duty to report and respond to prosecutorial misconduct.3 ABA Standard 3-1.2(b) states: "The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict." 4 Although rarely openly discussed, I ask now, is …

Sexual And Relationship Victimization Of Hispanic Sexual Minority Women On A University Campus In A U.S.-Mexico Border City, Mika Gehre

Open Access Theses & Dissertations

Background: Sexual minority women (SMW) are at high risk for health disparities in response to discrimination and stigma. Sexual victimization (SV) in campus settings is a common issue impacting a majority of female students. Rates of sexual victimization and violence within relationships are higher among SMW compared to non-SMW. To date, only a few studies report sexual and family victimization among minority populations in a campus setting. Purpose: The purpose of this study is to describe the rates and relationships between sexual minority status, SV, and abusive relationships among Hispanic women on a University campus in a U.S.-Mexico border city. …

Third Parties In The U.S. Political System: What External And Internal Issues Shape Public Perception Of Libertarian Party/Politicians?, Jacqueline Ann Fiest

Open Access Theses & Dissertations

The current two-party system has dominated American politics for much of history, but as voters find themselves frustrated with a limited set of choices, more are becoming open to the idea of a third-party option. According to Newsweek, 61% of people believe America needs a third major political party. That number jumps to 77% among independents (Haltiwanger, 2017). In almost every other part of American life, a variety of choices is considered a benefit.

A CNN poll done in conjunction with ORC International reflected that only 5% of Americans feel the federal government in Washington DC, which overwhelmingly consists of …

One Of The Good Guys: The Making Of A Justice – Reflections On My First 94 Years, Jamal Greene

Faculty Scholarship

John Paul Stevens’s first published judicial opinion was a Dissent. He joined the Seventh Circuit a few days after the court issued its opinion in Groppi v. Leslie, and dissented soon afterward when the court upheld that decision on rehearing. Wilbur Pell, who until Stevens joined was the only Republican among the Seventh Circuit’s seven active judges, wrote both Groppi opinions. Yet Stevens, brand new to the court, dissented from Pell’s opinion on rehearing.

There was no reason to think Father Groppi, who was arrested for leading a demonstration that interrupted the Wisconsin Assembly’s work, was innocent of legislative …

Assessing The Predictive Utility Of The Positive Achievement Change Tool At A Texas Juvenile Justice Agency, Elizabeth Perez Hutchins

Open Access Theses & Dissertations

In the United States, millions of youth are processed in the juvenile justice system each year. Juvenile probation officers, case managers, and clinicians have the daunting task of making critical case-processing decisions for this vulnerable population including program placement, supervision, and treatment. Moreover, juvenile justice professionals must be mindful of numerous factors such as risk to public safety and the juvenile's risk to reoffend when making these decisions. In recent years, juvenile justice agencies have employed the Risk-Need-Responsivity model, the pre-eminent evidence-based model for offender assessment and management, to aide in the decision-making process. Although implementation of risk assessment tools …

Social Cohesion Among Individuals Participating In Re-Entry Groups, Todd Reiser

Open Access Theses & Dissertations

When prisoners are released from incarceration they enter a social landscape that holds unique challenges. One of the ways humans living within social systems understand their place and role is through the mechanism of religion. This study investigates how group religious practice establishes a shared worldview among those recently released from prison; a worldview that promotes the creation of positive social cohesion which contribute to life improvements, social mobility, and social status changes. "Social networks may include friendship circles in local congregations, scripture study groups and relationships with religious leaders who serve as role models for individuals" (Kerley et al …

Fair And Impartial Adjudication, Thomas W. Merrill

Faculty Scholarship

Any legal system that purports to respect the rule of law must ensure the fair and impartial adjudication of disputes under the law. Classic accounts of the rule of law assume that courts should resolve such disputes. However, this is too narrow. All forms of adjudication, not just by courts, need to be fair and impartial. In any event, no one could claim that courts or entities by that name are always fair and impartial. All legal systems need a guarantee of fair and impartial adjudication that applies to all forms of dispute resolution under law.

A dispute arising under …

Exemplary Legal Writing 2018: Four Recommendations, Jed S. Rakoff, Lev Menand

Faculty Scholarship

In an age of mass incarceration, it is not so easy to find good in the U.S. criminal justice system. But The Secret Barrister makes you appreciate the better aspects of our system by showing just how dysfunctional the corresponding English system has become. The book — written by an anonymous junior barrister — is a devastating, sometimes hilarious, and frequently heart-breaking account of how the criminal justice system in England and Wales is not only broke financially but broken in its ability to deliver justice, whether to prosecutors, defendants, victims, or the public.

Assessing Aspects Of Acculturation In A Muslim American Sample: Development And Testing Of The Acculturation Scale For Muslim Americans, Anisah Bagasra, Mitchell Mackinem

Faculty Articles

Acculturation of Muslims into the American culture continues to be a topic of deep interest. The purpose of this study was to examine acculturation in a sample of both American-born and Immigrant Muslim Americans. Two hundred and fifty five Muslim Americans completed a scale designed to assess two aspects of acculturation within the population: adherence to Islamic identity and conformity to American social norms. The survey was distributed in both a paper-based and online anonymous format consisting of demographic questions and the acculturation scale designed for this study. Results revealed that both immigrants and U.S. born Muslim Americans demonstrate a …