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Trajectory Of Trauma: The Experiences Of Black Girls In The School-To-Prison Pipeline, Heather Nicholson-Bester

Master's Theses and Doctoral Dissertations

This critical ethnographic research utilizes participatory action research (PAR) and case studies to explore the impacts that zero-tolerance policies have had on the lives of Black girls and women. This work contributes to a small but growing body of work on the intersectional struggles faced by Black girls within the School-to-Prison Pipeline. An aim of this research was to work with the participants to amplify their voices and center them as experts on their own lives. Working with a small sample of three girls and women enabled the creation of detailed narratives of their experiences. These narratives point to the …

Postcolonial Public Administration: A Critical Discourse Analysis, Esteban Santis

Electronic Theses and Dissertations, 2020-2023

Four years after the passage of the Civil Rights Act of 1964, a group of Public Administration scholars met in New York's Adirondack Mountains to discuss the future of the field. At this gathering, the Minnowbrook I Conference, scholars acknowledged the need for social equity. Today, more than fifty years later, there is still a need for social equity. There is still a need to understand the history and role of oppression within Public Administration. Apropos, in this dissertation, I interrogate oppression, by way of postcolonialism and critical discourse analysis, to learn about the field's darkness and splendor. This project …

Breaking The Cycle Of Intergeneration Literacy Deficits: Describing Linguistic Interactions Between Adolescent Mothers And Their Young Children, Diana Abarca

Electronic Theses and Dissertations, 2020-2023

The purpose of this pilot descriptive study was to begin the exploration of adolescent mothers' and their children's sociodemographic characteristics and language and literacy skills, the home literacy environment (HLE) provided by adolescent mothers, and the quality of linguistic interactions between adolescent mothers and their children. Eight adolescent mother-child dyads were recruited from local school counties. Data were collected through demographic and HLE questionnaires, various language standardized measures (i.e., Preschool Language Scales, Fifth Edition and Clinical Evaluation of Language Fundamentals, Fifth Edition), and scored interactions between mother-child dyads using the Parenting Interactions with Children: Checklist of Observations Linked to Outcomes …

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 …

The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

The Policy on Children published by the International Criminal Court Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children.

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick

Scholarly Works

In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.

Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding leadership. …

Felony Disenfranchisement & The Nineteenth Amendment (Symposium), Michael Gentithes

Akron Law Faculty Publications

This Article examines the historical response to those arguments and suggests that they can be applied forcefully in the contemporary debate over felony disenfranchisement. Suffragists raised two arguments in response to coverture-based contentions against women enfranchisement: first, that men simply did not represent women's interests in politics, instead subordinating them ever further both in family structures and the public sphere; and second, that women had something important to add to the political conversation that would be missing as long as they were excluded from the debate. Similarly, felony disenfranchisement laws are based upon the fiction that there is a distinction …

Today And Yesterday, Vol. 44, 2020, Illinois State University, Department Of History

Today and Yesterday

Newsletter of the Illinois State University Department of History

The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia, Timothy Webster

Faculty Scholarship

The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World …

Civil Rights Law In Living Color, Vinay Harpalani

Maryland Law Review

No abstract provided.

Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine, Brandon K. Wharton

Maryland Law Review

No abstract provided.

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 …

The Lost Promise Of Lambert V. California, Cynthia Alkon

Faculty Scholarship

This Article will start with a brief overview of the Lambert case. It will then discuss the differing views on how to interpret this relatively short case. Next, it will review the cases citing to Lambert that illustrate the narrow approach that courts have taken when applying this case. Finally, it will offer some thoughts on how Lambert could have played a role in preventing some of the excesses of mass incarceration, but failed.

Police Violence And The African-American Procedural Habitus, Trevor George Gardner

Scholarship@WashULaw

How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal procedure, highlighting “The Talk” that parents have with their African American children regarding how to respond to police seizure. It argues that the most prominent version of The Talk—the one in which parents call for absolute deference to police authority in the event of a police stop—may be as …

Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton

Scholarship@WashULaw

This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.

What Would Mlk Do?: A Civil Rights Model Of “Good Citizenship” In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

Good citizenship and eager participation in police investigations would seem to fit hand-in-glove. The good citizen helps to enforce the criminal law, particularly if the physical safety of the citizenry is thought to be at risk. But as Bennett Capers argues in his essay, Criminal Procedure and the Good Citizen, this version of the good citizen—crafted and propagated by our nation’s highest court—falls into direct tension with the activist principles animating the Civil Rights Movement. For instance, Martin Luther King, Jr., insisted that the citizen not suffer from a cultural condition Capers describes as “too much respect for majoritarian …

Perfecting Issue Preservation, Daniel Epps

Scholarship@WashULaw

In his article, “Does It Matter Who Objects? Rethinking the Burden to Prevent Errors in Criminal Process,” Darryl Brown challenges the venerable rule that a defendant must preserve objections to erroneous rulings at trial in order to perfect them for later appeal. Brown ably convinced me that conventional wisdom about who should bear the burden of bringing errors to a court’s attention is woefully under-theorized. In particular, Brown’s move to analyze adjudicative error from the perspective of accident prevention in other legal contexts is both clever and generative of insights. Moreover, Brown made a persuasive case that normative judgments about …

The Defender General, Daniel Epps, William Ortman

Scholarship@WashULaw

The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the Supreme Court of the United States. The Supreme Court is effectively our nation’s chief regulator of criminal justice. But in the battle to influence the Court’s rulemaking, government interests have substantial structural advantages. As compared to counsel for defendants, government lawyers—and particularly those from the U.S. Solicitor General’s office—tend to be more experienced advocates who have more credibility with the Court. Most importantly, government lawyers can act strategically to play for bigger long-term victories, while defense lawyers must zealously advocate …

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 …

The Good Lawyer: State-Led Professional Socialization In Contemporary China, Lawrence J. Liu, Rachel E. Stern

Scholarship@WashULaw

How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China’s state narrative about “the good lawyer” celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics …

Critical Reasoning: A User's Manual, V.4.0, Jason Southworth, Chris Swoyer

Philosophy Open Educational Resources

Teaching critical reasoning is difficult. So is learning to reason more carefully and accurately. The greatest challenge is teaching (and learning) skills in such a way that students can spontaneously apply them outside the classroom once the course is over (teaching people to apply skills in the classroom can be hard enough, but clearly isn’t a worthwhile goal in itself).

We (the authors) have learned a good deal about these matters from the students who took courses using earlier drafts of this book, and from colleagues who’ve taught from it. But one key theme of this book is the importance …

Rap As A Proxy For Blackness: How The Prosecution Of Rap Lyrics Continues To Unconstitutionally Restrict Free Speech Rights, Austin Vining

University of Florida Journal of Law & Public Policy

No abstract provided.

The Language Of Harm: What The Nassar Victim Impact Statements Reveal About Abuse And Accountability, Jamie Abrams, Amanda Potts

Scholarly Articles in Law Reviews & Journals

This Article examines 148 Victim Impact Statements that were delivered to the
court in the Larry Nassar criminal sentencing. Larry Nassar was a doctor for the
United States Gymnastics Association and an employee of Michigan State University
who treated elite athletes, predominantly gymnasts. Nassar pleaded guilty to child
pornography and first-degree criminal sexual misconduct charges in Michigan. His
sentencing received worldwide attention as victims delivered impact statements
describing the harm and betrayal of his conduct. Using corpus-based discourse
analysis, this Article examines the complex strategies that the victims deployed to
describe who Nassar was (a doctor, a monster, a friend), …

The Overlapping Web Of Data, Territoriality And Sovereignty, Jennifer Daskal

Contributions to Books

Provides a framework to better understand Global Legal Pluralism and the current international state of law.

Equips practitioners, theorists, and students with deeper insights and analytical tools to describe the conflict among legal and quasi-legal systems.

Analyzes global legal pluralism in light of legal theory, constitutionalism, conflict of laws, international law, commercial transactions, and as it affects indigenous polities, religious orders, and citizenship.

Play's Role In The Development Of Antisocial Behavior, Cheyenne Vazquez

Williams Honors College, Honors Research Projects

This paper is a literature review which examines the relationship between play and prosocial behavior. More specifically, it examines its inverse, questioning whether a lack of play in early childhood may be correlated to the development of antisocial behavior later in life. Comparing research from an abundance of psychologists, criminologists, and sociologists, this paper answers various questions pertaining to play and prosocial behavior: What happens if play is inhibited in childhood? Would different reasons for play to be inhibited result in different results (i.e. abusive childhoods, desperate situations such as homelessness and poverty, chronic illness, etc.)? Is a lack of …

Examining The Experiences Of Homicide Co-Victims To Inform A Survivor’S Guide To Healing, Grae Pollard

Williams Honors College, Honors Research Projects

The traumatic and unexpected death of a loved one, such as suicides, homicides, and traffic fatalities, is one of the most difficult experiences a person may go through. In Summit County, Ohio, bereaved families are served by Victim Assistance Program (VAP), who help promote the healing process through education, advocacy, and crisis intervention. VAP identified a need for a workbook to assist families with navigating the days and weeks that follow the death of their loved one. In order to create a brochure considerate of the possible needs of families grieving the tragedy, various aspects of their experience were researched. …

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

Case Western Reserve Law Review

No abstract provided.

The Speedy Trial Clause And Parallel State-Federal Prosecutions, Ryan Kerfoot

Case Western Reserve Law Review

No abstract provided.

Belt And Suspenders: Two Key Changes To Reduce Money Laundering Through Residential Real Estate, Christopher P. Lauer

Case Western Reserve Law Review

No abstract provided.

Confronting Racist Prosecutorial Rhetoric At Trial, Mary Nicol Bowman

Case Western Reserve Law Review

No abstract provided.