Digital Commons Network^™

"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister

UF Law Faculty Publications

Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.” The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …

Negative Identity And Conflict, Jonathan R. Cohen

UF Law Faculty Publications

This article explores an aspect of identity that can be particularly challenging for conflict resolution—negative identity. By negative identity, I mean an identity in which a party implicitly or explicitly defines itself in a negative way, specifically, by way of contrast to some other party. This phenomenon occurs in conflicts ranging from small, interpersonal ones to large-scale conflicts between national, ethnic, and religious groups. Negative identities may make conflicts more likely to arise and also make them more difficult to resolve when they do. Fortunately, there are steps that both parties and neutrals can take to foster conflict resolution in …

The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown

UF Law Faculty Publications

Narrative storytelling is a staple of legal jurisprudence. The Case of the Speluncean Explorers by Lon Fuller and The Space Traders by Derrick Bell are two of the most well-known and celebrated legal stories. The Soul Savers parable that follows pays tribute to Professor Bell’s prescient, apocalyptic racial tale. Professor Bell, a founding member of Critical Race Theory, wrote The Space Traders to instigate discussions about America’s deeply rooted entanglements with race and racism. The Soul Savers is offered as an attempt to follow in Professor Bell’s narrative footsteps by raising and pondering new and old frameworks about the rule …

The Systems Approach To Teaching Business Associations, Lynn M. Lopucki, Andrew Verstein

UF Law Faculty Publications

The systems approach applies the methods of systems analysis to law. The principal method is to describe the system, situate a problem within the system, and take system mechanics into account in solving it. The system might be the “legal system”—essentially litigation. But more often, it is a “law-related system”—one not composed of law, but one in which law plays a role. That system might be crime, the Internet, the corporation, or any other activity substantially affected by law. The analyst situates the application of law in the context of the physical system as it actually operates. In business associations, …

Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd

UF Law Faculty Publications

It is the ultimate gift to have one’s work trigger feedback, critique and challenge that expands and deepens the project. Professors Cooper, Huntington, McGinley, Silbaugh, and Woodhouse all have been sources of inspiration for me; their Articles and Essays in response to Reimagining Equality contribute both to my thinking and to the core focus of the book, the well-being, development and equality of all children, but also to the broad focus of this special issue on children and poverty. I am particularly grateful for their challenges and critiques, and their shared focus on the strategies I explore in the book, …

Judging And Baseball, Merritt E. Mcalister

UF Law Faculty Publications

No abstract provided.

Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd

UF Law Faculty Publications

Hierarchies among children dramatically impact their development. Beginning before birth, and continuing during their progression to adulthood from birth to age 18, structural and cultural barriers separate and subordinate some children, while they privilege others. The hierarchies replicate patterns of inequality along familiar lines, particularly those of race, gender, and class, and the intersections of those identities. These barriers, and co-occurring support of privilege for other children, emanate from policies, practices, and structures of the state, including education, health, policing and juvenile justice, and limited social welfare. Reimagining Equality: A New Deal for Children of Color takes on the task …

Vicki Palacios—An Appreciation, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe

University of Arkansas at Little Rock Law Review

No abstract provided.

The Impact Of Mental Health First Aid Training On Law Enforcement Officer Mental Health Literacy, Cindy J. Blankenship

Walden Dissertations and Doctoral Studies

An increasing number of juvenile offenders with untreated mental health issues are entering the justice system. Lack of adequate training of criminal justice personnel enhances the possibility of this population being arrested which is creating an overwhelming problem for stakeholders. This study sought to determine if the implementation of Mental Health First Aid (MHFA) Training impacted law enforcement officers’ (LEOs’) mental health literacy. This mixed-methods study used a quasi-experimental, one-group, pretest-posttest design, with a qualitative survey. Participants consisted of a sample of 28 LEOs from a rural Southeastern United States law enforcement agency. Study findings indicated that MHFA training increased …

Unsheltered Homelessness On Oahu, Hawaii, Erik Gray

Walden Dissertations and Doctoral Studies

According to a recent national estimate of homelessness in the United States, between 2016 and 2017, the number of people experiencing homelessness increased by 0.7 %. This study was focused on the issue of unsheltered homelessness in the context of Oahu, Hawaii. There is a gap within the available scholarly literature that directly addresses the unsheltered homeless populations and why it is that they are unsheltered rather than living in a shelter or utilizing other transitional services. Using the generic qualitative approach and a purposive sampling method, 12 service provider professionals who work directly with the unsheltered homeless on the …

Attitudes On International Standards For Criminal Hacking In The Public And Private Sector, Melinda Shoemaker

Walden Dissertations and Doctoral Studies

There is a current gap in the literature regarding uniform and consistent standards and policies for addressing criminal hacking at the international level. The purpose of this quantitative dissertation was to explore the relationship between individuals in the public and private sectors and their attitudes toward the need for international law defining criminal hacking and the penalties associated with the act. Since the advent of information and communication technologies, there has been a need to address security holistically. The security and sustainability of evolving technologies are examined in light of the threat landscape of criminal hacking, privacy concerns, and policies …

Guidelines For Chronic Back Pain: An Education Module For Health Providers, Ron Pascual

Walden Dissertations and Doctoral Studies

Effective chronic back pain management and patient self-care guidelines are necessary for healthcare providers treating patients with complaints of low back pain (LBP). The purpose of this doctoral project was to provide an evidence-based educational program aimed at improving the knowledge and skills of healthcare professionals regarding the Center for Disease Control (CDC) and American Chronic Pain Association (ACPA) guidelines, emphasizing alternative pain management treatments. The staff education project was supported by the biomedical pain model and chronic care model. A panel of 3 experts including the clinic’s board-certified anesthesiologist and pain management specialist, clinical manager, and leading medical director …

Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton

University of Arkansas at Little Rock Law Review

No abstract provided.

Risk Factors For Polysubstance Abuse: A National Secondary Data Analysis Study, Dakota Mcmurray

Walden Dissertations and Doctoral Studies

Substance abuse is a serious public health problem in the United States and globally. Abuse of more than one substance is considered polysubstance abuse and can cause more harm than abuse of only one substance. Polysubstance abuse compounds the problems of addiction because of the variety of substances that may be used and the resulting side effects. This quantitative cross-sectional secondary data analysis, guided by the socio-ecological theory, assessed patient characteristics and how predictive they were for polysubstance abuse. The study sample of 986 patients was analyzed by binomial logistic regression to assess the association between patient-related factors and polysubstance …

Transgender Protection And Best Practices In The Prison Setting, Jessica Renee Byrd

Walden Dissertations and Doctoral Studies

While the importance of equal protection for all offenders has been established, prison officials often do not provide adequate protection for or effectively address the unique needs of transgender inmates. In this qualitative action research study, prison officials' perceptions regarding their responsibility to provide protection and equal treatment to transgender offenders were evaluated as well as to what extent they are congruent with those stated in policies and procedures. The expectation was that linkages could be drawn between prison officials' level of knowledge regarding their responsibilities and the various types of maltreatment that transgender offenders experience as well as the …

Psychological Consequences Of Mandated School Security Response Training, Shelise Tillman

Walden Dissertations and Doctoral Studies

Mandated active shooter drills are necessary for students, especially in high school districts, where active shooter events are more prevalent. As a result, high school administrators and teachers face numerous implementation challenges and consequences that may threaten the student learning environment’s psychological balance. Guided by DeVos’s theory of school safety integration and crisis preparedness and three aspects of policy recommendations, this qualitative case study was designed to explore the challenges and perceptions of a high school administrator and teachers’ regarding implementing mandated active shooter drills while supporting the student’s psychological, social, emotional, and physical health. Through semi-structured interviews, one administrator …

A Feel For The Space: Engagement With The Built Environment Of Treatment Spaces Among Individuals In Recovery, James Richey

Public Health Theses

Background

Treatment spaces for substance use disorders (SUD) are diverse with respect to treatment modality and population served. However, there is a lack of literature describing the design of treatment spaces and treatment engagement. This project aims to identify how the built environment of SUD treatment spaces play a role in treatment acceptability, retention, and outcomes.

Methods

We conducted 15 semi-structured interviews with individuals in outpatient SUD treatment in southern Connecticut. These interviews explored individuals’ experience with the built environment of treatment spaces and facilities, including architectural and design-related features (e.g., functionality, spatial arrangement), and how space influences adherence to …

Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney

Indiana Journal of Law and Social Equality

No abstract provided.

An Approach To Twitter Event Detection Using The Newsworthiness Metric, Jonathan Adkins

CCAC Theses and Dissertations

No abstract provided.

Utilizing Pre-Professional Students To Address Drug And Alcohol Addiction In Missoula, Maren J. Carlson

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Reforming The Mississippi Criminal Code Part Ii: Non-Homicide Crimes Against The Person, Judith J. Johnson

MC Law Review

No abstract provided.

How Come Mary-Jane Is Not On Workers’ Comp?: Requiring Rhode Island Workers’ Compensation Insurers To Reimburse Employees For Medical Marijuana, Devon Q. Toro

Roger Williams University Law Review

No abstract provided.

System Disarmed: My Experience As A Pro Se Litigant, Michael Stephan Alexander

University Honors Program Senior Projects

This project introduces and reviews, what is the pro se (representing oneself) litigant dilemma in the legal system. The study of courses originally labeled Criminal Justice, currently titled Justice Studies adds a birds-eye view to this project. That coupled with the inclusions of my involvement in the actual legal system creates my own Global Positioning System on this endeavor to disarm the system.

The paper will examine a brief but interesting novelty from earlier history when it was a privilege to stand on your own two feet and anyone who wanted to represent you was forbidden to accept pay. The …

Deconstructing The Paradox Of The Constitutional Incarceration Of Innocent Citizens, Rebecca Charles

Missouri Law Review

No abstract provided.

Reevaluating Maryland’S Child Pornography Laws In The “Send Nudes” Era, Shannon Hayden

University of Baltimore Law Review

No abstract provided.

Abolishing Private Prisons: A Constitutional And Moral Imperative, Robert Craig, Andre Douglas Pond Cummings

University of Baltimore Law Review

No abstract provided.

Iron Shackles To Invisible Chains: Breaking The Binds Of Collateral Consequences, Artika Renee Tyner, Dr. Darlene Fry

University of Baltimore Law Review

Mass incarceration has a far-reaching impact when an estimated 70 million, 1 in 3, adults have a criminal record. The impact of mass incarceration is exacerbated due to collateral consequences. Collateral consequences can be defined as hidden sanctions which emerge automatically at the onset of a criminal conviction. They are referred to as “hidden” because they are not formally quantifiable in a sentence or imposed penalty. Due to the disproportionate rate in which African-Americans are incarcerated, collateral consequences have a profound impact by limiting access to jobs, professional licensure, and restricting access to the ladder of economic mobility.

Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts

Faculty Publications By Year

This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to go. Most …