Digital Commons Network^™

Teamwork Or Collusion? Changing Antitrust Law To Permit Corporate Action On Climate Change, Dailey C. Koga

Washington Law Review

In an era of apprehension about climate change and the future of our planet, private companies are increasingly recognizing their role in increasing sustainability and lowering carbon emissions. To address this growing concern, some industry leaders are taking unilateral action to implement sustainable practices, but other companies have made agreements to fight emissions together. However, the Sherman Antitrust Act forbids agreements in restraint of trade. Further, antitrust law traditionally has refused to recognize ethical or moral justifications as legitimate reasons to permit anticompetitive agreements. As society’s concern for the planet grows and elected leaders move slower than needed to address …

Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele Stewart

Articles

No abstract provided.

Judicial Voting In U.S. District Courts Located In The Second And Fifth Circuits In First Amendment Retaliation Cases Involving Law Enforcement Officers, Selena Renee Aguirre

Criminology & Criminal Justice Theses - Archive

This study examined the influence of party affiliation, as measured by the party of the appointing president; legal precedent; judicial circuit (Second or Fifth); race; gender; and prior prosecutorial experience on voting by U.S. District Court judges in First Amendment retaliation cases brought law enforcement officials against their employers. Applying binary logistic regression analyses to a data set comprised of 163 judicial votes with pro-plaintiff and pro-defendant voting serving as the dependent measure, the results indicated that only judges’ party affiliation had a significant effect on voting (Wald= 4.469, 1 df., p= .035) president. There was a .437 decrease in …

An Examination Of School Characteristics, Shooter Characteristics, And Incidental Characteristics Of School Mass Shootings, Amber Elizabeth O'Dell

Criminology & Criminal Justice Theses - Archive

School Mass Shootings (SMS) continue to be an ongoing issue for k-12 schools, technical/vocational schools, and on college campuses in the United States. Recent studies have shown that these crimes are increasing in both frequency and lethality. However, SMS are still considered to be statistically rare events making them difficult to study quantitatively. Many extant studies use an exclusive definition of SMS where an incident must have four or more deaths to be categorized as this type of crime. The present study utilizes an inclusive definition of 2 or more deaths, where every four injuries count as a death in …

Circumventing The Crime Victims' Rights Act: A Critical Analysis Of The Eleventh Circuit's Decision Upholding Jeffrey Epstein's Secret Non-Prosecution Agreement, Paul Cassell, Jordan Peck, Bradley Edwards

Utah Law Faculty Scholarship

Whether crime victims have rights before formal criminal charges are filed has recently come to the fore in one of the most publicized criminal cases in recent memory. For more than twelve years, victims of Jeffrey Epstein’s sex trafficking organization have attempted to invalidate a non-prosecution agreement (NPA) entered between Epstein and federal prosecutors. The victims have argued that because prosecutors deliberately concealed the NPA from them, the prosecutors violated the federal Crime Victim’s Rights Act (CVRA). On April 14, 2020, a divided panel of the Eleventh Circuit entered a surprising ruling, rejecting the victims’ argument. The panel refused to …

Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler

Utah Law Faculty Scholarship

This Article presents the findings of a content analysis of 86 family law casebooks published in the United States from 1960 to 2019. Its purpose is to critically assess the discipline of family law with the aim of informing our understandings of family law’s history and exposing its ideological foundations and consequences. Although legal thinkers have written several intellectual histories of family law, this is the first quantitative look at the field.

The study finds that coverage of marriage and divorce in family law casebooks has decreased by almost half relative to other topics since the 1960s. In contrast, pages …

171st Commencement, Fall

Commencement Programs

No abstract provided.

An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris

Northwestern Journal of Law & Social Policy

Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the right to adjudicate all serious crimes committed by one American Indian against another American Indian or non-Indian within Indian country. American Indian defendants under …

Current Sex Offender Laws: Are They Doing More Harm Than Good?, Gail Onderak

Counselor Education Capstones

Public sentiment toward sex offenders is that of hatred, contempt, and fear. These attitudes have led to the creation of sex offender legislation that is exceptionally restrictive and punitive. While best practices and current treatment models call for minimization of risk and maximization of personal fulfillment in order to reduce recidivism, sex offender laws pose as obstacles to these goals. A review of the risk-need-responsivity (RNR) principles and the Good Lives Model (GLM) treatment approach highlights the contrast between intended outcomes of these methods and the challenges that sex offender notification and registration (SORN) and residency restrictions present when trying …

Effects Of Music And Meditative Movement On Affect And Flow: A Feasibility Study, Lai Yiu Yeung

Masters Theses

This study aims to explore the feasibility and the potential effects of adding music to meditative movement on affect and flow. Fifteen participants were recruited and they were randomly assigned to one of the three groups: (1) Meditative movement only; (2) Recorded music and meditative movement; and (3) Live music and meditative movement. Participants from each group engaged individually in a 45-minute online session, practicing three qigong exercise sets. To determine the feasibility, the acceptability and practicality were investigated through the analysis of anecdotal notes, open-ended questionnaires, and video recordings. Potential effects of music and meditative movement were examined by …

Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty

Northwestern Journal of Law & Social Policy

No abstract provided.

Tending To An Overgrown Garden: Weeding And Rebuilding A Libguides V2 System, Rebecca Hyams

Publications and Research

In 2019, the Borough of Manhattan Community College’s library undertook a massive cleanup and reconfiguration of the content and guides contained in their LibGuides v2 system, which had been allowed to grow out of control over several years as no one was in charge of its maintenance. This article follows the process from identifying issues, getting departmental buy-in, and doing all of the necessary cleanup work for links and guides. The aim of the project was to make their guides easier for students to use and understand and for librarians to maintain. At the same time, work was done to …

Assessing The Markers Of Agency In Successful Recovery Journeys: A Constructionist Narrative Of Participants In An Assertive Community Engagement Modality, Sarah Elizabeth Goss

All Theses

The Faces and Voices of Recovery program in Greenville, South Carolina is part of a national recovery advocacy movement utilizing a harm-reduction framework. This study aims to identify how individual agency is accounted for in this harm reduction-based recovery group and by extension, the recovery process. Spanning a four-month discourse collection process, and incorporating partial and complete observations of participants this study identifies four tiers of participation and engagement (1) high engagement successful recovery (2) low engagement successful recovery (3) high engagement struggling recovery and (4) low engagement struggling recovery/disengaged.

Predictable Punishments, Brian Galle, Murat C. Mungan

Faculty Scholarship

Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.

This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …

Safety, Crisis, And Criminal Law, Jenny E. Carroll

Faculty Scholarship

Concepts of safety and prevention of danger pervade the criminal law canon. Arizona is no exception. The state’s criminal systems pivot around central and entwined goals of protecting public safety and preventing danger. The state constitution permits pretrial detention both for the most serious offenses and when no other condition of release will adequately protect the community from the danger the accused’s freedom might pose. The rules of criminal procedure and the criminal code designate some offenses and actors “dangerous” and urge judges to weigh not only the accused’s risk of flight, but also his future dangerousness in making decisions …

Michigan Sex Offender Registry: Implications And Effects, Heather Damuth

Honors Projects

This paper discusses the Michigan Sex Offender Registry Act (SORA) and the ways that it affects offenders, the public, and society. It also discusses the conveniences and the challenges in relation to the SORA including discussions about public safety, and offender rights. The impacts on offenders, victims, and the general public are also discussed. The research was done through the Grand Valley State University Library, the American Civil Liberties Union (ACLU) and Michigan Legislation. Sources were examined and combined to form an integrative research paper about the sex offender registry in Michigan.

Vocational And Life Skills Monthly Data Update: December 2020, Uno Nebraska Center For Justice Research, Katelynn Towne

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during update calls and site visits.

The current data derives from an active database, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on the duration of lag between service delivery and data entry. …

Vocational And Life Skills Quarterly Report: Grant Cycle 4 Quarter 2 October-December 2020, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter Two of Grant Cycle Four. VLS was created by Nebraska Legislative Bill 907 in 2014 with the purpose of reducing recidivism and increasing meaningful employment for individuals convicted of a crime in Nebraska. The report contains 1) descriptions of the eight funded organizations across the state, 2) a snapshot of participation, 3) demographics of the participants, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming.

The VLS initiative is evaluated by the Nebraska Center for Justice …

Racial Threat, Economic Resources, And Politics: How Local Structural Conditions Influence The Adoption Of Restrictionist Immigration Policy, Mario Marset Ehrle

Honors Theses

ICE has used their 287(g) program to target immigration enforcement at the county level. This program authorizes local police officers to carry out federal immigration work to meet arrest and deportation quotas. This has eroded civil rights and led to the criminalization of minorities, particularly Latinos. While previous research has examined the theories behind local anti-immigration work and the social factors affecting anti-immigrant policy adoption more generally, no large-scale quantitative analyses have been conducted as to why some counties adopted 287(g) while others chose not to do so. Addressing this gap in the literature, the following study uses a newly …

Assaults On Law Enforcement Officers: A Spatial And Theoretical Analysis Through Social Disorganization., Brian Keith Simpkins

Electronic Theses and Dissertations

The purpose of the present study was to gain a better understanding of assaults on law enforcement officers to identify correlations and spatial concentrations related to theoretical constructs of social disorganization. The present study was based on official assault on law enforcement officer data from a major metropolitan area within a southeastern state for the years 2010-2019. In addition to bivariate and multivariate statistical testing (e.g., Pearson correlation coefficient and multiple linear regression), multiple spatial analyses were utilized to understand the statistical significance, visualize results, and compare to previous theoretical explanations of crime concentration. The findings revealed that assaults on …

White Discipline, Black Rebellion: A History Of American Race Riots From Emancipation To The War On Drugs, Jordan C. Burke

Doctoral Dissertations

This dissertation is a comparative analysis of American race riots, within and across historical eras, from Emancipation (1863) to the War on Drugs (1972). I argue that changes in the status of African-American citizenship produced different forms of race rioting. Examining riot events across eras reveals how ethical principles at the core of democracy are undermined in specific socio-historical contexts—especially equality of participation in collective self-governance. Congressional testimony, state-sponsored riot investigations, and archival data indicate that riots have been used historically to structure racial inequality in both political institutions and economic relations. While race riots have proven instrumental in maintaining …

Paid Family Leave & The Media: A Narrative Policy Framework, Nichole Angelic Horn

Public Affairs Dissertations - Archive

This study seeks to understand how paid family leave laws influence traditional gender roles and stereotypes. The mother homemaker/father breadwinner narrative, a prominent concept within feminist circles, assumes particular gendered roles that include women’s responsibility for unpaid labor within the home. The implications of these gendered roles leave women in an economically disadvantaged position. Given the media’s influence in policy making and function to echo current social values, this study utilizes the Narrative Policy Framework (NPF) to investigate how the media frames these policies, and whether that framing helps to dismantle traditional gender narratives. This study finds that as these …

University Of Nebraska At Omaha Commencement: December 2020, University Of Nebraska At Omaha

Commencement Programs

No abstract provided.

Who Dreams Of Badges? Gendered Self-Concept And Policing Career Aspirations, Samantha S. Clinkinbeard, Starr J. Solomon, Rachael M. Rief

Criminology and Criminal Justice Faculty Publications

NIJ’s Policing Research Plan (2017-2022) highlights the need to understand factors that attract diverse candidates. We explored whether college students had ever considered policing and found men were significantly more likely than women to contemplate policing careers. Further, we found higher levels of masculinity were associated with greater odds of policing aspirations; the relationship between gender and aspirations was fully mediated by masculine self-concept. Although men typically reported higher masculinity scores, within-gender analyses indicated that masculinity was important for both men and women. Our findings suggest the continued association of masculinity with policing may undercut efforts to recruit a representative …

Building Positive Relationships In Title I Schools: Teacher And Student Perspectives In An Elementary Classroom, Alice Charlotte Pendlebury

Dissertations

Title I schools have a high percentage of students who come from a background of poverty. Students growing up in poverty are more likely to have insecure attachments because of the chronic and acute stressors their caregivers experience. These insecure attachments mean that students are less likely to have positive relationships with their teachers and are less likely to trust them. Given the importance of positive relationships in student’s academic, social, and emotional growth it is crucial that teachers are able to build relationships with these students regardless of their economic backgrounds. Qualitative case study was used to collect data …

Learning Before And During The Covid-19 Outbreak: A Comparative Analysis Of Crisis Learning In South Korea And The Us, Seulki Lee, Jungwon Yeo, Chongmin Na

Research Collection School of Social Sciences

Learning is imperative in government responses to crises like the COVID-19 pandemic. This study examines the South Korean and United States governments’ responses to COVID-19 from a comparative perspective. The analysis focuses on crisis learning conducted before and during the COVID-19 outbreak, using the conceptual categories of intercrisis/intracrisis learning and single-/double-loop learning. The findings suggest that double-loop, intercrisis learning allows for more effective crisis management by (re)developing a common operating framework. The efficacy of learning is enhanced when double-loop learning is followed by single-loop learning that embeds new structures and operational procedures. The findings also suggest that intercrisis learning facilitates …

Backlogged Or Logjammed? An Analysis Of The Patterns That Surround The Rape Kit Backlog Across Jurisdictions, Elizabeth Dowd

Political Science Undergraduate Honors Theses

Untested rape kits sit in crime labs, hospitals, evidence lockers, or storage facilities untouched. In the worst-case scenarios, rape kits have been thrown out of police storage before the statute of limitations had expired. A major public policy problem is developing as these kits stack up and create a backlog. The primary problem with the rape kit backlog is that all victims are not receiving justice. To solve the problem, the backlog of rape kits needs further exploration and analysis. If a pattern can be established about why the problem is occurring, then policies can be constructed and implemented to …

Disparities In Oral Health: Socioeconomic Status And Policies To Increase Access To Primary Dental Care, Mckenzie Nutter

Theses/Capstones/Creative Projects

Primary dental care is a patient-centered service consisting of routine dental checkups. The oral cavity is the first point of entrance to the body for many harmful pathogens. Therefore, primary dental care is essential to not only prevent and treat conditions in the mouth, but to also reduce the number of systemic diseases in the rest of the body. However, people with higher incomes or wealth have increased access to primary dental care. People with low socioeconomic status have decreased access to primary dental care, at least in part due to difficulties in paying for separate dental insurance. Disparities in …

Irreparably Corrupt And Permanently Incorrigible: Georgia’S Procedures For Sentencing Children To Die In Prison, Rachel Ness-Maddox

Mercer Law Review

Right now, two teenagers live in Georgia prisons, knowing they will be incarcerated for the rest of their lives.Countless adults are serving sentences of life without the possibility of parole (LWOP) for crimes they, too, committed when they were teenagers. It is difficult to find in officially‑reported data adults serving sentences they received for crimes they committed while children. This is because, once the two teenagers specifically noted in the Georgia Department of Corrections’ Inmate Statistical Profileturn twenty, they will move to the next data bracket for imprisoned people between the ages of twenty and twenty‑nine, just as all the …

Court-Appointment Compensation And Rural Access To Justice, Hannah Haksgaard

Faculty Publications

Hourly rates paid to court-appointed lawyers impact access to justice. Court appointed lawyers provide necessary counsel in civil and criminal cases, yet hourly rates in many jurisdictions are so low that many lawyers cannot afford to take court-appointed cases. This article argues that low hourly rates cause problems: namely, appointed lawyers will be insufficient in number, inaccessible to their clients, and sometimes even ineffective. These problems are heightened in rural America where they are compounded by geographical distance and the rural lawyer shortage. This article concludes by suggesting a number of policy solutions.