Digital Commons Network^™

How A Good Idea Became A Bad Idea: Universities And The Use Of Non-Disclosure Agreements In Terminations For Sexual Misconduct, Julie Macfarlane

Cardozo Journal of Conflict Resolution

One of the challenges that face every third-party intervenor in a conflict is what the parties shall agree about the public nature of an agreed outcome. In private dispute resolution, in contrast to adjudication by courts, there is neither a requirement nor (with a few exceptions) a legal compulsion to reveal those outcomes, if one or more parties prefer to keep the matter private.

Crossing The Border Or Crossing The Line? Why Alternate Dispute Resolution Is The Best Route To Reunite Families Of Immigrant Children Separated At The U.S.-Mexico Border, Colby Berman

Cardozo Journal of Conflict Resolution

This Note will explore the problem of family separation at the U.S.-Mexico border and propose a solution through the use of mediation as a means to peacefully reunite families without lengthy, emotionally-draining, and expensive litigation. It will discuss case law addressing the problem, as well as the recent history of family separation under President Obama and President Trump. This Note will briefly examine methods used to maintain a tough stance on immigration while also alleviating family separation of immigrant populations, looking to other developed countries' tactics, as well as the United States' Family Case Management Program (which enjoyed success in …

Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood

Cardozo Journal of Conflict Resolution

This article examines the growing use of algorithmic pretrial risk assessment tools in the United States as a response to the systemic inequities of cash bail and mass incarceration. While proponents argue that these tools offer objective, data-driven alternatives to judicial discretion, critics highlight their potential to reinforce racial and economic disparities. Amid this contentious debate, the authors call attention to the underexplored role of public defenders in mitigating the harms—and maximizing the decarcerative potential—of risk assessment algorithms. Drawing on examples from New York and New Jersey, the article outlines four key strategies for defenders: demanding transparency in algorithm design, …

Using Crowdsourced Vehicle Braking Data To Identify Roadway Hazards, Howell Li, Jijo K. Mathew, Woosung Kim, Darcy M. Bullock

JTRP Affiliated Reports

Modern vehicles know more about the road conditions than transportation agencies. Enhanced vehicle data that provides information on “close calls” such as hard braking events or road conditions during winter such as wheel slips and traction control will be critical for improving safety and traffic operations. This research applied conflict analyses techniques to process approximately 1.5 million hard braking events that occurred in the state of Indiana over a period of one week in August 2019. The study looked at work zones, signalized intersections, interchanges and entry/exit ramps. Qualitative spatial frequency analysis of hard-braking events on the interstate demonstrated the …

Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan

Seattle University Law Review

This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …

2020 Silicon Valley Pain Index, Scott Myers-Lipton

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Why The Policy Failures Of Mass Incarceration Are Really Political Failures, John F. Pfaff

Faculty Scholarship

In his forthcoming book, The Insidious Momentum of Mass Incarceration, Franklin Zimring argues that the most effective way to end mass incarceration is to target the policy failures that drive it. He focuses in particular on the “prosecutorial free lunch”: prosecutors are county-funded officials who can send as many people as they like to state-funded prisons, which is a classic moral hazard problem. While Zimring is correct to focus on how relatively technocratic issues have posed outsized and underappreciated problems, his analysis suffers from some important shortcomings. In particular, he gives too little attention to the politics that have …

Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer

Popular Media

No abstract provided.

Pervasive Spectrum Sharing For Improved Wireless Experience, Mostafizur Rahman

Electronic Theses and Dissertations, 2020-2023

Spectrum sharing among cellular users has been a promising approach to attain better efficiency in the use of the limited spectral bands. The existing dynamic spectrum access techniques include sharing of the licensed spectrum bands by allowing other 'secondary' users to use the bands if the licensee 'primary' user is idle. This primary-secondary spectrum sharing is limited in terms of design space, and may not be sufficient to meet the ever-increasing demand of connectivity and high signal quality to improve the end-users' wireless experience. The next step to increase spectrum efficiency is to design markets where sharing takes place pervasively …

Integrating Technology Acceptance Model And Health Belief Model Factors To Better Estimate Intelligent Tutoring System Use For Surge Capacity Public Health Events And Training, Sarah Matthews

Electronic Theses and Dissertations, 2020-2023

The U.S. public health system is continually challenged by unexpected epidemiological events that pose significant risks to the health of the community and require a commensurate surge in the public health system capacity to stem the spread of the disease. The complexity and even changing nature of funding and surge events drives agencies to innovate in order to maintain and support a competent workforce as well as update, or evolve the knowledge, skills and abilities (KSA) necessary to prevent, mitigate, or even eliminate the health crisis arising from a disease. This research investigates the capability of an agent-based, online personalized …

Injustice And The Disappearance Of Discretionary Detention Under Trump: Detaining Low Risk Immigrants Without Bond, Robert Koulish, Kate Evans

Faculty Scholarship

This Report demonstrates that the Immigration and Customs Enforcement (ICE) violates legal requirements to provide immigrants with an individualized custody determination. Trump’s enforcement policies brought a surge of low-risk immigrants into ICE custody. The detention risk tool was supposed to train officers and strongly discourage them from detaining low-risk immigrants who posed no harm to society and were not a flight risk. Data received pursuant to FOIA show the opposite result. ICE has failed to perform the individualized assessment and restrict its use of civil detention to only those whose high levels of dangerousness and risk of flight justify their …

Blue Lives Memorialized: Collective Memory And The Production Of Ideology And Injustice In American Policing, Douglas Hyatt Peach

Online Theses and Dissertations

Police memorials are physical objects in public spaces, objects which seed our own cultural and personal ideologies, beliefs, and behaviors and which command our collective attention. Using qualitative research methodology, this visual ethnography looks at the unique and inherent power of police memorialization through the 2015 death of officer Daniel Ellis of the Richmond, Kentucky police department and the subsequent actions of the surrounding community and state officials. The purpose of this study was to document the widespread visual culture and iconography associated with memorialization, including the origin and placement of physical memorials made in honor of Ellis, thin blue …

Guerilla Government And Policy: Lessons From The Trump Administration’S Family Separation Policy, Omar Salinas Chacon

Online Theses and Dissertations

In early 2017, two asylum officers went to reporters at Reuters to warn the public of a new immigration policy. This policy would see thousands of children separated from their parents; a humanitarian crisis engineered purposefully by the administration would be underway for the next years. Along the way, dissenters would try to stop the administration’s policy. In her seminal work The Ethics of Dissent: Managing Guerilla Government, O’Leary (2019) describes these types of events as guerilla government. Guerilla government occurs when public servants work against the desires of their superiors either out in the open or covertly. This is …

Hiding In Plain Sight: Ghosted Police Vehicles And The Perception Of Police Presence On College Campuses, Mackenzie Kibler

Online Theses and Dissertations

Previous research has shown that police presence, which involves visibility of law enforcement personnel, is often related to perceptions of individual safety and individual behavior. The purpose of this study was to explore perceptions of college students and campus law enforcement regarding visibility of and citizen/police interaction on Eastern Kentucky University’s campus. The first phase of this project was designed to measure student awareness and visibility of “ghosted” police vehicles, which are black with matte black markings on the doors and have few easily visible indicators of law enforcement vehicles, versus other police types of police vehicles on campus. The …

Firearm Bans And Gun Violence, Jake Burns

Research Papers

Tackling the problem of gun violence in the United States is a major challenge facing society. Many different policies have been created in order to address annual gun violence rates including bans on firearm importation, purchase, sale, and possession. Assault weapons, handgun, and Saturday night special bans are the most common firearm bans aimed at combatting gun violence. This systematic review of the literature examined these three different firearms bans and provided an overview of the effectiveness of these interventions. Firearm bans must be weighed against the constitutionality of such acts. Each one of these firearm bans are impacted by …

Investigation Of Strategic Deployment Opportunities For Unmanned Aerial Systems (Uas) At Indot, Sarah M. Hubbard, Bryan Hubbard

JTRP Technical Reports

Unmanned aerial systems (UAS) are increasingly used for a variety of applications related to INDOT’s mission including bridge inspection, traffic management, incident response, construction and roadway mapping. UAS have the potential to reduce costs and increase capabilities. Other state DOTs and transportation agencies have deployed UAS for an increasing number of applications due to technology advances that provide increased capabilities and lower costs, resulting from regulatory changes that simplified operations for small UAS under 55 pounds (aka, sUAS).

This document provides an overview of UAS applications that may be appropriate for INDOT, as well as a description of the regulations …

A Corridor Level Gis-Based Decision Support Model To Evaluate Truck Diversion Strategies, Samar Younes

Electronic Theses and Dissertations, 2020-2023

Increased urbanization, population growth, and economic development within the U.S. have led to an increased demand for freight travel to meet the needs of individuals and businesses. Consequently, freight transportation has grown significantly over time and has expanded beyond the capacity of infrastructure, which has caused new challenges in many regions. To maintain quality of life and enhance public safety, more effort must be dedicated to investigating and planning in the area of traffic management and to assessing the impact of trucks on highway systems. Traffic diversion is an effective strategy to reduce the impact of incident-induced congestion, but alternative …

Differential Recurrent Neural Networks For Human Activity Recognition, Naifan Zhuang

Electronic Theses and Dissertations, 2020-2023

Human activity recognition has been an active research area in recent years. The difficulty of this problem lies in the complex dynamical motion patterns embedded through the sequential frames. The Long Short-Term Memory (LSTM) recurrent neural network is capable of processing complex sequential information since it utilizes special gating schemes for learning representations from long input sequences. It has the potential to model various time-series data, where the current hidden state has to be considered in the context of the past hidden states. Unfortunately, the conventional LSTMs do not consider the impact of spatio-temporal dynamics corresponding to the given salient …

A Person-Centered Approach Of Dynamic Needs: Demographic Characteristics, Static Factors, And Justice-Related Outcomes Among Juvenile Offenders In Florida, Caitlin Brady

Electronic Theses and Dissertations, 2020-2023

Prior research examining criminogenic risk and need suggests that dynamic factors (i.e., criminogenic needs) are best suited for intervention and treatment as they are changeable over time. Thus, dynamic factors can be targeted to reduce the likelihood of recidivism among youth in the juvenile justice system. The assessment of needs is critical as it allows for the prediction of future delinquency and the ability to provide appropriate services/treatment for juvenile offenders. Several studies have shown that youth present with multiple needs and that these needs differ by gender. Therefore, the current study utilized a sample of adjudicated youth under community …

Behavior Specialist Experiences Of Roles And Responsibilites In Inclusive Trauma Informed Schools, Stephanie Jackson

Electronic Theses and Dissertations, 2020-2023

With the implementation of the Marjory Stoneman Douglas Act (SB-7026) and the introduction of the Trauma Informed Schools Act of 2019 (H.R. 4146), the need for well-prepared behavior specialists is critical as well as, difficult in inclusive public school settings. Improving structures within the trauma-informed schools model that address challenges that individuals in these roles face will require a better understanding of the ideal day-to-day roles and responsibilities that behavior specialist have. Specifically, their roles need to be understood by school-based administrators who will support them. The purpose of this qualitative investigation was to explore how five female behavior specialists, …

In The Shadow Of Shular: Conduct Can Unify The Disjointed Categorical Approaches, Sheldon Evans

Scholarship@WashULaw

The categorical approach, which is the method federal courts use to ‘categorize’ which state law criminal convictions can trigger an enhanced sentence under the Armed Career Criminal Act (ACCA), is one of the most confusing doctrines in criminal sentencing. For thousands of criminal offenders every year, the categorical approach determines whether a previous state law conviction—as defined by the legal elements of the crime—sufficiently matches the elements of the federal crime counterpart that justifies imposing the ACCA’s harsh fifteen-year mandatory minimum sentence. But this elements-based categorical approach has unwittingly undermined one of the most important principles in our determinative sentencing …

Criminal Law In Crisis, Benjamin Levin

Scholarship@WashULaw

In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …

Drawing The Blue Line: Categorizing Law Enforcement As A Protected Class Within Hate Crime Legislation, Tayler D'Alelio

Campbell Law Review

Several states have passed legislation to include law enforcement officers as a protected class within Hate Crime laws. Additionally, there is pending legislation in the United States Senate to add law enforcement officers as a protected class under the federal Hate Crimes Act. This is a step in the wrong direction for both state and federal legislatures for three main reasons. First, law enforcement officers are distinguishable from the currently protected classes. These classes have not only been marginalized in our society but have been targeted for reasons they have no control over. In contrast, including law enforcement officers as …

Prototyping A Social Media Flooding Photo Screening System Based On Deep Learning, Huan Ning, Zhenlong Li, Michael E. Hodgson, Cuizhen Wang

Faculty Publications

This article aims to implement a prototype screening system to identify flooding-related photos from social media. These photos, associated with their geographic locations, can provide free, timely, and reliable visual information about flood events to the decision-makers. This screening system, designed for application to social media images, includes several key modules: tweet/image downloading, flooding photo detection, and a WebGIS application for human verification. In this study, a training dataset of 4800 flooding photos was built based on an iterative method using a convolutional neural network (CNN) developed and trained to detect flooding photos. The system was designed in a way …

Written In Stone: The Meaning Of Public Monuments And Whether They Remain Or Go, Sanford Levinson

Kentucky Law Journal

No abstract provided.

Police Data Brief: 2020 Police And Community Relations Survey, Fernando J. Guerra, Brianne Gilbert, Mariya Vizireanu, Max Dunsker

StudyLA Data Briefs

ABOUT THIS STUDY

The 2020 Police and Community Relations Survey conducted by StudyLA involved 20-minute telephone sessions and online and face-to-face surveys with 1,753 adults living in the city of Los Angeles. The survey was conducted in English, Spanish, Mandarin, and Korean from August 31st to October 25th, and respondents were asked a range of questions concerning policing in Los Angeles.

ABOUT THIS REPORT

Survey results are presented in two sections: (1) toplines, or total responses for each question, and (2) crosstabs, or all questions crossed by major demographics. The following report presents data pertaining to all substantive questions. Note …

A Survey Of Education In Civil Engineering, Tyler Fuller

Williams Honors College, Honors Research Projects

This paper provides an overview of the current education requirements in the field of civil engineering. This is achieved through means of an anonymous survey sent to civil engineering academics and data gathered from the published curricula of ten existing civil engineering programs. These ten programs were selected by means of a random number generator from the list of institutions the survey was sent to. Such an overview is important for gauging the effectiveness of civil engineering education for current and future students.

Honors Research Project: A Textbook Analysis, Nathan Barto

Williams Honors College, Honors Research Projects

This paper attempts to look at the use of The Human Odyssey: Volume Three not only as a potential educator, but as a historian as well. This paper examines the book for inaccuracies, American and European bias, as well as potential usability for educators

Creating An Accessible Campus Environment, Megan Parker

Williams Honors College, Honors Research Projects

This project consists of a series of journalistic articles pertaining to the level of accessibility for current students, faculty, and/or visitors with physical disabilities and/or impairments at The University of Akron. Journalistic articles were selected as a method of investigating and increasing awareness of accessibility in the given situation. Interviews were conducted with members of the campus and those, in addition to press releases, were used as the basis of the content within each article. The conclusion drawn from this journalistic inquiry is that while the level of accessibility at The University of Akron is not optimal for current students, …

Moving Toward Sustainable Residential Integration With Racial Justice And Social Equity, Kermit Lind

Case Western Reserve Law Review

No abstract provided.