Digital Commons Network^™

Recent Decisions

The Journal of Law and Education

No abstract provided.

Jefferson Digital Commons Quarterly Report: April-June 2020, Kelsey Duinkerken, Msi, Larissa Gordon, Mslis, Med, Ma

Jefferson Digital Commons Reports

This quarterly report includes:

• New Collection: COVID-19 Papers, Posters, and Presentations
• Articles
• Collaborative Research and Evidence Among Therapists and Educators (CREATE) Day Presentations
• COVID-19 Working Papers
• Dissertations
• Doctorate of Occupational Therapy (OTD) Capstones
• Educational Materials
• From the Archives
• Grand Rounds and Lectures
• House Staff Quality Improvement and Patient Safety Posters
• JeffMD Scholarly Inquiry Abstracts
• Journals and Newsletters
• Master of Public Health Capstone Presentations
• Posters
• Spread the Science, NOT the Virus Seminar Series
• What People are Saying About the Jefferson the Digital Commons

The Detention-To-Deportation Pipeline And Local Policies Of Resistance: A Case Study Of Santa Clara County, California, Matt Bakker Phd

Societies Without Borders

Deportation has reached record levels in the United States over the last decade. A major reason for this is that the federal government began using integrated databases and biometric surveillance technologies to identify deportable migrants whenever they come into contact with law enforcement officials. Implementing this enforcement technology in all jurisdictions across the country, the federal government undermined local inclusionary policies and brought state and local police into the work of federal immigration enforcement. This article examines efforts in one locality – Santa Clara County, California – to limit cooperation with this federal deportation machine. Drawing on documentary evidence and …

Final Report: Outcomes From Efforts To Swab Individuals Who Lawfully “Owe” Dna In Cuyahoga County, Rachel Lovell, Joanna Klingenstein, Duoduo Huang, Mary C. Weston

Begun Center for Violence Prevention Research and Education Reports and Briefs

In this research brief, we present final outcomes for individuals in Cuyahoga County who lawfully “owe” DNA – meaning DNA that should have been collected because of a qualifying criminal offense(s) but was not. The Cuyahoga County Prosecutor’s Office and researchers from the Begun Center for Violence Prevention Research and Education at Case Western Reserve University collaborated on a project funded by the U.S. Bureau of Justice Assistance’s Sexual Assault Kit Initiative to: (a) identify individuals who owe DNA, (b) collect swabs from eligible suspects who owe, and (c) follow up on what happens after their DNA is entered into …

A Difficult Time, Brian Gran Phd

Societies Without Borders

No abstract provided.

American Military Justice: Retaining The Commander's Authority To Enforce Discipline And Justice, David A. Schlueter, Lisa Schenck

Faculty Articles

This white paper recommends that Congress reject proposals that would remove a commander’s prosecutorial discretion and instead place it in the hands of senior armed forces lawyers. There are currently two proposed legislative provisions that would adversely affect the commander’s prosecutorial discretion and undermine the commander’s ability to enforce good order and discipline. The first proposed provision was included in Section 540F of the 2020 National Defense Authorization Act, where Congress mandated that the Department of Defense report to the congressional armed services committees on the feasibility of creating a pilot program that would remove a commander’s authority to prefer, …

Penalty Default Rules For Digital Searches: Why Courts Should Spur Legislative Action Via Second-Order Regulation, Meghan Holloway

University of Chicago Law Review

We live in a data-rich age. But Fourth Amendment doctrines have failed to adapt to our current reality. Legal principles that evolved to cabin the scope of physical searches seldom constrain searches of digital devices. As a result, a warrant to search a digital device gives police officers unfettered access to all of our information. While many scholars have argued that courts should address this problem by adopting rules that directly limit the scope of digital searches, this Comment argues that some courts have already eschewed this approach in favor of rules that encourage legislatures to regulate digital searches. Legislative …

Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov

UC Law Constitutional Quarterly

This Article highlights that individuals who suffer from mental health problems can be particularly defenseless against an attack on their liberty through criminal and civil law. Specifically, it delineates how the current laws allow for a potential indefinite commitment of a person who may not have even committed a single crime. The Article explains that constitutionally mandated standards should be required to protect individuals who face losing their liberty due to the perceived threat of future harm. The authors posit that, while preventing individuals from harming themselves or others is an honorable goal, the state should only be able to …

Undergraduate And Graduate Course Descriptions, 2020 Summer, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Spring 2020.

Ethical Considerations For Outpatient Behavioral Healthcare In North Texas, Carolyn B. Guillory

All Theses And Dissertations

The purpose of this Interpretative Phenomenological Analysis (IPA) study was to examine caregivers’ perceptions of practices for outpatient behavioral health care. Effort was made to gain insight into the components of ethical service delivery. Significant data on the providers’ perceptions of care was identified in literature reviews, though it was not the case for perspectives of consumers or caregivers. This population has been identified as one which is likely to experience unaffordable, fragmented, and confusing behavioral health systems (Baker, 2015). Attempts to inform research by addressing the quality of treatment was a focus. The Research Problem: Since 2016, the suicide …

Tuning The Moral Compass: The Evolving Standards Of Sentencing Juvenile Criminal Defendants As Adults, Timothy James Ting

Southern Illinois University Law Journal

No abstract provided.

Granite State College Graduate Catalog 2020-2021, Granite State College

Granite State College Catalogs

No abstract provided.

Monarch, Philip Walzer (Editor)

Monarch Magazine

Summer 2020 issue of Monarch, the Old Dominion University Magazine.

Subtitled: Rising to the Challenge

Self-Defense Under Siege: Creeping Criminalization Of Individual Self-Defense In The U.S. Military, Brian L. Bengs

California Western Law Review

No abstract provided.

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor obligations on …

Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson

University of Arkansas at Little Rock Law Review

When examining the school-to-prison pipeline, most focus on issues of exclusionary discipline, the presence of police in schools, or the use of intrusive surveillance and monitoring systems. To close the pipeline, agencies, educators, and advocates must also examine other, broader factors that contribute to educational inequities. We argue in this article that eradicating the school-to-prison pipeline involves tackling the legal structures, policies, practices, and beliefs that create harmful discipline systems and other linked inequitable systems. With Arkansas schools as our illustration, we explain how inequities in discipline, funding, and school accountability create a situation primed to send students into the …

Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone

University of Arkansas at Little Rock Law Review

No abstract provided.

Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown

UC Law SF International Law Review

No abstract provided.

International Cultural Heritage Law: Link Between Cultural Nationalism, Internationalism, And The Concept Of Cultural Genocide, Ashley Mullen

Cornell Law Review

No abstract provided.

Nefdc Exchange, Volume 34, Summer/Fall 2020, New England Faculty Development Consortium

New England Faculty Development Consortium Exchange

Contents

President's message, Marc Ebenfield

Bridging media: Shared referents to connect the unfamiliar to the familiar

Using flash activities to stimulate positive student engagement and promote critical thinking skills

Implementing a mid-semester assessment process (map) in your course: Using reflection to help reduce faculty and student anxiety

NEFDC Board members

Comparative Cruelty: A Comparative Analysis Of The Eighth Amendment To The United States Constitution And Section Nine Of The New Zealand Bill Of Rights Act, Carrie Leonetti

UC Law Constitutional Quarterly

Given that the United States Constitution and the New Zealand Bill of Rights Act both contain prohibitions against governmental acts of cruelty and torture, this Article offers a comparative analysis of the judicial interpretations of the meaning of “cruel” in the prohibition against cruel and unusual punishment in the two country’s founding documents. The Article beings by considering the shared historical underpinnings of the prohibitions, which require a proportionality analysis when assessing whether a punishment is excessive. Next, it examines the meaning of “cruelty” and the scope of the prohibitions in New Zealand and the United States. The Article documents …

Neurodiversity In Public Schools: A Critique Of Special Education In America, Pallavi M. Vishwanath

UC Law Constitutional Quarterly

This Note provides a comparative critique to the special education practices in the U.S. and Canada. The Note reasons that a country or democracy is most benefitted when there is a recognized governmental duty to maximize the potential of every student via public education. The Note further exposes how a difference in governmental duty to provide equal education drastically affects students’ dignity and potential. This Note describes the history of the American public education system; explains the development of special education in the United States and the ambiguous governmental duty to educate American students; and discusses Canadian case law regarding …

Arcadia Magazine, 2020-07

Alumni Magazine

No abstract provided.

Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll

Faculty Scholarship

It is hard to overstate the impact of COVID-19. When it comes to the criminal justice system, the current COVID-19 crisis has shone a light on pre-existing flaws. Long before the first confirmed case in Seattle or elsewhere, America’s jails and prisons were particularly susceptible to contagions, exacerbated by problems from overcrowding to over policing to lack of reentry programs. This Essay focuses on one aspect of the challenges the criminal justice system faces in light of COVID-19 and beyond—that of a pretrial detention system that falls more harshly on poor and minority defendants, has swollen local jail populations, and …

Trauma, Trust, And Academic Achievement Stories Shared By High School Dropouts, Vicci Una Johnson

School of Education and Leadership Student Capstone Theses and Dissertations

This qualitative research study is based on interviews with twelve adults who dropped out of high school before earning their diploma. Participants were asked several semi-structured open-ended questions. The Primary research question is: How do adults earning their high school diploma describe what stopped them from graduating on time? The participants shared stories of family trauma. The Secondary research question is: Who did you trust in your family or at school to ask for advice or help with any issue? Nine of the twelve participants responded they would not trust a parent, teacher, counselor, or school social worker to advise …

The Power Of A Clean Slate, J.J. Prescott, Sonja B. Starr

Articles

Tens of millions of Americans have criminal records, including about 20 million with felony convictions. Conviction records automatically trigger countless collateral legal consequences, such as occupational restrictions that bar employers from hiring qualified candidates. Moreover, research overwhelmingly shows that bearing a criminal record raises significant barriers to employment, housing, and various other opportunities. These persistent obstacles can overwhelm an individual’s efforts at reintegration and can aggravate poverty, inequality, and racial disparities in our society. And because factors like unemployment and housing instability contribute to crime risk, these effects in turn make society less safe.

Government Of Thailand & Chaiwat Limlikhitaksorn V. Wuth Boonlert & Samak Donnapee, Human Rights Institute, Lionel Blackman

Human Rights Institute

In 2019, Samak Donnapee, a retired forestry officer, and Wuth Boonlert, an indigenous human rights advocate, were prosecuted and tried for criminal defamation. The charges, brought by a government officer, Chaiwat Limlikhit-aksorn, (in his private capacity) and the Public Prosecutor, relate to Facebook posts by Samak Donnapee. The Prosecution alleged that the Facebook posts suggested that government employee Chaiwat Limlikhit-aksorn owned land that unlawfully encroached onto a national park that is also traditionally indigenous land. Wuth Boonlert was accused of sharing one of these posts with no further commentary. None of the posts named Chaiwat Limlikhit-aksorn.

Chaiwat Limlikhit-aksorn, a senior …

Analyzing The Response To Covid-19 In Pennsylvania State Correctional Institutions, Elizabeth A. Rousseau

Student Publications

To evaluate the effects of the COVID-19 outbreak on the Pennsylvania prison system, I collected data from the Pennsylvania Department of Corrections, the Pennsylvania Department of Health, and the Marshall Project. I supplemented the data with opinion pieces and journal articles discussing the specific issues that this pandemic imposes upon prisons in the United States. In sum, population data collected from the Department of Corrections showed that only a few State Correctional Institutions saw a steady decrease in population over the 25 day study period from from June 18th through July 13th (Pennsylvania Department of Corrections, 2020). Combining testing data …

Digitalization And International Tax Dispute Resolution: A Window Of Opportunity For Britacom, Jinyan Li, Nathan Jin Bao, Shanghua Hu, Wei Hu, Matias Zerbino

Articles & Book Chapters

Digitisation technologies are facilitating and transforming tax administration and dispute resolution in various ways. This paper presents some existing and emerging best practices in digitalized tax administration and smart dispute resolution. Inspired by the objectives of the Belt & Road Initiative and BRITACOM and these best practices, this paper suggests that BRITACOM take advantage of digitisation and seize upon the unprecedented opportunity to create a digitalized mechanism for resolving cross-border tax disputes among Belt & Road jurisdictions.

Occupation-Based Learning Modules In Preparation For Parole: A Program Evaluation, Alisha Cheyne, Gabrielle Martino, Elizabeth Vander Wall, Natalie Wallace

Community Based

A qualitative research study was conducted that examined occupational therapy students’ fieldwork rotation at Muskegon Correctional Facility, where they implemented a 15-week pre-parole program. One focus group with three participants was conducted. Transcription, coding, and theming followed, providing five themes; restriction, OT perceptions, learning styles, future needs, and relationships. Results showed areas of needs within this population, ways occupational therapy can address this need, and general improvements that can be made to pre-release programs.