Digital Commons Network^™

Rethinking The Delivery Of Justice In A Self-Service Society, Michael L. Buenger

Journal of Dispute Resolution

No abstract provided.

Mediation And Misconduct: A Better Way To Resolve Title Ix Disputes, Adam Laytham

Journal of Dispute Resolution

No abstract provided.

Taking An Interest In Inmate Trust Accounts, Charlotte Elam

Vanderbilt Law Review

No abstract provided.

The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa

Faculty Publications

A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as a heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic …

The First Anti-Sanctuary Law: Proposition 187 And The Transformation Of Immigration Enforcement, Rick Su

Faculty Publications

Anti-sanctuary efforts are sweeping the country, as the federal government and a growing number of states impose stringent restrictions on the ability of cities and other localities to limit their involvement in federal immigration enforcement. Many are now wondering how far this movement will go. But where and how did this movement begin? This Essay argues that the roots of the contemporary anti-sanctuary movement can be traced to Proposition 187, a ballot initiative adopted by California voters in 1994. As the nation’s first anti-sanctuary law, Proposition 187 established the basic provisions featured in nearly every anti-sanctuary measure enacted since. Moreover, …

Identity: Obstacles And Openings, Osamudia James

Faculty Publications

No abstract provided.

Future Work, Jeffrey M. Hirsch

Faculty Publications

The Industrial Revolution. The Digital Age. These revolutions radi-cally altered the workplace and society. We may be on the cusp of a new era -- one that will rival or even surpass these historical disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article …

Forcing Judges To Criminalize Poverty In North Carolina, Gene R. Nichol

Faculty Publications

No abstract provided.

Automated Legal Guidance, Leigh Z. Osofsky, Joshua D. Blank

Faculty Publications

Through online tools, virtual assistants, and other technology, governments increasingly rely on artificial intelligence to help the public understand and apply the law. The Internal Revenue Service, for example, encourages taxpayers to seek answers regarding various tax credits and deductions through its online “Interactive Tax Assistant.” The U.S. Army directs individuals with questions about enlistment to its virtual guide, “Sgt. Star.” And the U.S. Citizenship and Immigration Services suggests that potential green card holders and citizens speak with its interactive chatbot, “Emma.” Through such automated legal guidance, the government seeks to provide advice to the public at a fraction of …

In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Law And Policies, Deborah M. Weissman

Faculty Publications

Intimate partner violence (“IPV”) is often exercised as an act of coercion by abusers who engage in strategies to interfere with their partners’ ability to engage productively in the workplace and deny them control over economic resources, that is, to deny them agency. Certainly, awareness of the insidious facets of economic coercion of IPV has expanded in recent years. However, attention to the efficacy of legal and policy responses to the economic consequences of such abuse has not received commensurate attention. Federal and state laws designed to address economic abuse are applied haphazardly if at all. The laws themselves, moreover, …

Breaking The Silence On Father-Daughter Sexual Abuse Of Adolescent Girls: A Case Law Study, Janine Benedet, Isabel Grant

All Faculty Publications

Adolescent girls are targeted for sexual violence at a rate higher than females at any other life stage. Girls most often face sexual violence at the hands of men that they know and trust within their own families, yet this type of abuse has largely evaded scrutiny from the #MeToo movement. In this article, the authors seek to revitalize the discussion of sexual abuse against adolescent girls by their fathers. The article is part of a larger study that examined all Canadian judicial decisions involving sexual offences against girls between the ages of twelve and seventeen inclusive over a three-year …

Building The Aboriginal Conference Settlement Suite: Hope And Realism In Law As A Tool For Social Change, Toby S. Goldbach

All Faculty Publications

In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The “Aboriginal Conference Settlement Suite” epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the circumstances of Indigenous peoples in Canada have not improved. This ongoing commitment to legal solutions is emblematic of mainstream views of law as a problem-solving instrument. Notwithstanding awareness of its failings, law reformers remain dedicated to using law as a tool for social change. Employing a case study method focusing on the new …

Curriculum Change 2020-2021, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Aces & Trauma-Informed Practices For Children & Educators In Early Childhood Education, Ariel L. Llorente

Cal Poly Humboldt theses and projects

Adverse Childhood Experiences (ACEs), consist of the negative and traumatic events that have happened in the early years of a person’s life. The focus here is on childhood trauma. There are many types of trauma, including, physical, sexual and emotional abuse, physical and emotional neglect, exposure to domestic and general violence, as well as household substance abuse, mental illness, racism, parental separation/divorce, and others. Trauma produces both physical and psychological challenges and can disrupt the brain’s development from birth through 18 years of age, causing permanent damage and issues, which we will discuss throughout this thesis. This thesis will explore …

Judgements Of Attributional Responsibility, Social Dominance Orientation, And The Insanity Defense., Stephanie S. Souter

Cal Poly Humboldt theses and projects

Issues of race, law, and mental health meet at a cross-section when it comes to cases involving the not guilty by reason of insanity (NGRI) plea in which the defendant is a member of a marginalized group. Although the duty of a juror is to reach a fair and unbiased verdict, the reality is that there are many ways that a person’s thoughts can be biased without them being aware of this (Bargh, 2001). This mock juror experiment (the first of its kind), investigated the role that Social Dominance Orientation (SDO) and attributional responsibility has in the success of NGRI …

Cop Fragility And Blue Lives Matter, Frank Rudy Cooper

Scholarly Works

There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012–2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women.

There is also a new police resistance to criticism. It fits within the tradition of the “Blue Wall of Silence,” but also includes a new pro-police movement known as Blue Lives Matter. The Blue Lives Matter movement makes the dubious claim that there is a war on police and counter attacks by calling for …

Neoliberalism And Financialization In Turkey, Hakan Yilmaz

Publications and Research

This paper summarizes the process of financialization under the neoliberal restructuring of the Turkish economy. First, it discusses the political and economic context that led to the restructuring. Then, it elaborates the first stage of Turkish neoliberalism and financialization under the ANAP government, and the various coalition governments throughout 1990s. Then, it describes the second stage of this process under the Neoliberal Populist regime of the AKP government. Finally, it tries to locate neoliberalism and financialization in the country’s long-term capitalist development. In this context, the paper aims to display the connection between Marx’s tendency of the rate of profit …

Educating And Training The Next Generations Of Security Staff In Suicide Risk Assessment In Correctional Settings: Development Of Cultural Competencies, Ashley Christianson

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Cultural competence in suicide risk assessment has become a necessity given the demographic diversity in the U.S. corrections population and the increasing rate of suicidal behavior in jails and prisons. With few exceptions, little attention has been paid to the cultural training of both clinicians and security staff, and the development of cultural competencies in this field. This paper will focus exclusively on examining the case for cultural competence when conducting a suicide risk assessment in a correctional setting. The author reviews factors that are key in the education and training of culturally informed jail-based therapists and corrections officers, including …

And Still They Rise: Lessons From Students In New York City's Alternative Transfer High Schools, Mica Baum-Tuccillo, Varnica Arora, Alison Holstein, Michelle Fine

Publications and Research

And Still They Rise is the first systematic analysis of alternative transfer schools in New York City – alternative educational spaces that keep their doors open to a range of students who seek an education despite past academic struggles. The report blends a qualitative and quantitative review of 842 students’ responses to a participatory survey that asked about goals, desires, obstacles, and what they found at transfer schools. In this report we present the stories and the statistics across schools, elevating silenced stories that lay behind the misnomer “at risk." We review data that shows how deeply students appreciate their …

High Tech, High Risk: Tech Ethics Lessons For The Covid-19 Pandemic Response, Emanuel Moss, Jacob Metcalf

Publications and Research

The COVID-19 pandemic has, in a matter of a few short months, drastically reshaped society around the world. Because of the growing perception of machine learning as a technology capable of addressing large problems at scale, machine learning applications have been seen as desirable interventions in mitigating the risks of the pandemic disease. However, machine learning, like many tools of technocratic governance, is deeply implicated in the social production and distribution of risk and the role of machine learning in the production of risk must be considered as engineers and other technologists develop tools for the current crisis. This paper …

Prevalence And Correlates Of Transactional Sex Among Women Of Low Socioeconomic Status In Portland, Or, Timothy Menza, Lauren Lipira, Amisha Bhattarai, Victoria Cali-De Leon, E. Roberto Orellana

School of Social Work Faculty Publications and Presentations

Background: Women who report transactional sex are at increased risk for HIV and other sexually transmitted infections (STIs). However, in the United States, social, behavioral, and trauma-related vulnerabilities associated with transactional sex are understudied and data on access to biomedical HIV prevention among women who report transactional sex are limited.

Methods: In 2016, we conducted a population-based, cross-sectional survey of women of low socioeconomic status recruited via respondent-driven sampling in Portland, Oregon. We calculated the prevalence and, assessed the correlates of, transactional sex using generalized linear models accounting for sampling design. We also compared health outcomes, HIV screening, and knowledge …

An Expert Discussion On Structural Racism In Autism Research And Practice, Desiree R. Jones, Christina Nicolaidis, Lisa J. Ellwood, Arianne Garcia, Khalilah R. Johnson, Kristina Lopez, T. C. Waisman

School of Social Work Faculty Publications and Presentations

Autism research has a race problem. Despite improvements in screening and diagnosis, autism continues to be underdiagnosed in Black and Hispanic children , and those who obtain a diagnosis often have limited access to support services. Racial disparities persist during the transition to adulthood, with autistic adults from racial and ethnic minority groups experiencing a number of challenges, including lower rates of employment, social participation, and postsecondary education compared to White autistic adults. While these studies highlight the important intersection between race, ethnicity and autism, people of color remain consistently under-represented in autism research , and dialogues regarding the impact …

Determinants Of Motivation For Mentoring Among Adults Volunteering To Mentor Youth, Miriam Miranda-Díaz, Hyuny Clark-Shim, Thomas E. Keller, Renee Spencer

School of Social Work Faculty Publications and Presentations

Most youth mentoring programs rely on volunteers to serve as mentors to youth. This study investigates factors associated with motivations for volunteering in this capacity, specifically altruistic and self-oriented reasons for becoming a mentor. Because adults who volunteer as mentors and youth mentees typically come from different socio-cultural backgrounds, the study examines demographic characteristics associated with these different motivations. In addition, the study addresses the empathy-altruism hypothesis suggesting that individuals with higher levels of empathy exhibit greater altruistic tendencies. For this analysis, the focus is on ethnocultural empathy and its association with volunteer motivations. The sample consisted of 1,000 volunteers …

Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd

Faculty Scholarship

As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …

Changed Science Writs And State Habeas Relief, Valena Beety

Articles by Maurer Faculty

For decades now, the 1996 federal Antiterrorism and Effective Death Penalty Act (AEDPA) has limited the scope and influence of federal courts in post-conviction case review, forcing convicted individuals to rely instead on state habeas proceedings for conviction relief. Due in large part to the 2009 National Academy of Sciences Report, petitions for conviction relief increasingly include challenges to the government’s scientific evidence at trial. These petitions analyze that evidence by comparing the trial evidence to the advancement of scientific findings and scientific knowledge in the years since the trial. State habeas petitions thus provide an avenue for relief from …

Rights Should Not Vary Based On Offense Severity, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Some constitutional rights of criminal procedure apply unequally, varying based on offense (or punishment) severity. Of these, some vary proportionally, attaching or strengthening as offense severity increases. For example, the Sixth Amendment guarantees the rights to appointed counsel for indigents and jury trial for defendants charged with any felony but only some misdemeanors. In contrast, other rights are inversely proportional. For example, the strength or applicability of some aspects of the Fourth Amendment right against unreasonable searches and seizures and the Eighth Amendment right against excessive bail decrease as offense severity increases. This Article examines whether such rights should vary …

Invisible Prisons, M. Eve Hanan

Scholarly Works

Modern punishment theory is based on an inadequate conceptualization of the severity of incarceration. While the severity of a prison sentence is measured solely in terms of the length of time, the actual experience of imprisonment is often more punishing and more destructive than a simple loss of liberty. Yet, lawmakers and judges evince a surprising lack of institutional interest in understanding the experience of imprisonment and applying this knowledge to sentencing. This lack of official attention to how prison is experienced by incarcerated people is one of the drivers of mass incarceration.

This Article is the first scholarly work …

Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves

Faculty Scholarship

Trade secret has drifted from a quiet backwater doctrine to a pervasive force in intellectual property. As always, the risk of distortion is great when a legal arena is developing and expanding rapidly. Nowhere do the theoretical tensions of trade secret law appear in such stark relief as in the modern pharmaceutical debates, where the heart of the theoretical question involves whether pricing is a proper subject for trade secrecy claims.

We aim to bring trade secret into greater harmony with broad concepts that reach across all intellectual property regimes. As with other areas of intellectual property law, trade secret …

An Unappreciated Constraint On The President's Pardon Power, Aaron J. Rappaport

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

Evidence Of Memory From Brain Data, Emily R. Murphy, Jesse Rissman

Faculty Scholarship

Much courtroom evidence relies on assessing witness memory. Recent advances in brain imaging analysis techniques offer new information about the nature of autobiographical memory and introduce the potential for brain-based memory detection. In particular, the use of powerful machine- learning algorithms reveals the limits of technological capacities to detect true memories and contributes to existing psychological understanding that all memory is potentially flawed. This article first provides the conceptual foundation for brain-based memory detection as evidence. It then com- prehensively reviews the state of the art in brain-based memory detection research before establishing a framework for admissibility of brain-based memory …