Digital Commons Network^™

Xenophobia And Racism Against Asian Americans During The Covid-19 Pandemic: Mental Health Implications, Hsiu-Lan Cheng

Journal of Interdisciplinary Perspectives and Scholarship

No abstract provided.

Nbc Peacock North Fall 2020 Newsletter, Peacock North Staff

NBC Peacock North Newsletter

Highlights include: Bob Costas Thoughts on What's Now -- How The News has Changed -- SNL, still Going Strong -- What's Now --We Get Pictures -- Peacock Profile: Ken Fouts

Trauma-Centered Social Justice, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article identifies a new and growing phenomenon in the American legal system. Many leading agendas for gender, racial, and climate justice are centered on emotional trauma as the primary injury of contemporary social injustices. By focusing on three social justice movements--#BlackLivesMatter, #MeToo, and Climate Justice--the Article offers the first comprehensive diagnosis and assessment of how emotional trauma has become an engine for legal and policy social justice reforms. From a nineteenth century psychoanalytic theory about repressed childhood sexual memories that manifest in female hysteria, through extensive medicalization and classification in the twentieth century, emotional trauma has evolved and expanded …

State Of Tennessee Board Of Parole 2019-20 Annual Report, Tennessee. Board Of Parole.

Board of Parole

No abstract provided.

Cc: Connecticut College Magazine, Fall 2020, Connecticut College

Alumni News/Connecticut College Magazine

No abstract provided.

Tennessee Felon Population Update, October 2020, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

The Courier, Fall 2020, Tennessee. Historical Commission.

Tennessee Historical Commission

No abstract provided.

Janus-Faced Judging: How The Supreme Court Is Radically Weakening Stare Decisis, Michael Gentithes

William & Mary Law Review

Drastic changes in Supreme Court doctrine require citizens to reorder their affairs rapidly, undermining their trust in the judiciary. Stare decisis has traditionally limited the pace of such change on the Court. It is a bulwark against wholesale jurisprudential reversals. But, in recent years, the stare decisis doctrine has come under threat.

With little public or scholarly notice, the Supreme Court has radically weakened stare decisis in two ways. First, the Court has reversed its long-standing view that a precedent, regardless of the quality of its reasoning, should stand unless there is some special, practical justification to overrule it. Recent …

Paying For The Privilege Of Punishment: Reinterpreting Excessive Fines Clause Doctrine To Allow State Prisoners To Seek Relief From Pay-To-Stay Fees, Kristen M. Haight

William & Mary Law Review

Across the country, the criminal justice system is becoming both more private and more expensive. Some prison systems have come to rely on private contractors for electronic monitoring, probation, pretrial services, and incarceration services. At the same time, criminal justice fees are exploding, including fees charged to inmates for their “room and board” while in prison. These fees, sometimes called “pay-to-stay,” are imposed at the state and county level, and how they are applied varies widely. Some take into account inmates’ ability to pay the fees, or the effect on their families. Some do not. Some only apply to prisoners …

Prosecutors And Mass Incarceration, Shima Baughman

Utah Law Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …

Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace

Articles & Chapters

Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …

The Role Of The Board On Children, Youth, And Families In The Youth Development Field, Angela Diaz, David Britt, James Perrin

Journal of Youth Development

This special issue of the Journal of Youth Development highlights a range of important contributions that the work of the Board on Children, Youth, and Families (BCYF) at the National Academies of Sciences, Engineering, and Medicine, makes to the field of youth development. This issue traces how BCYF peer-reviewed, published consensus reports use transdisciplinary expertise to assemble relevant research, develop evidence-based findings that then undergird policy recommendations, and then communicate them to a wide audience of policy makers, academics, and practitioners. These consensus reports inform and support practice which improves constructive youth development

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

Journal of Youth Development

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 …

Re: The Pretrial Risk Assessment-How New Jersey's Bail Overhaul Is Shaping Bail Reform Across The Country, Andrea Coppola

Cardozo Journal of Equal Rights & Social Justice

The note argues that cash bail systems disproportionately affect low-income and minority defendants, leading to unnecessary pretrial detention. It advocates for the adoption of risk-based algorithms, such as New Jersey's Public Safety Assessment (PSA), to determine pretrial release, promoting fairness and efficiency. The PSA uses nine factors, excluding socioeconomic elements, to assess flight risk and public safety. The note also highlights Alaska's tailored approach, demonstrating the effectiveness of such tools when adapted to specific state needs. It concludes that widespread adoption of these algorithms, with proper safeguards, could reduce incarceration rates and enhance justice system equity.

Medication-Assisted Treatment: Statutory Schemes & Civil Rights Implications, Melissa Koppel

Cardozo Journal of Equal Rights & Social Justice

The note argues that the denial of Medication-Assisted Treatment (MAT) to prisoners with opioid use disorder (OUD) violates the Americans with Disabilities Act (ADA) and the Eighth Amendment of the U.S. Constitution. It contends that states must implement MAT programs in prisons to comply with federal law, reduce recidivism, and improve public health outcomes. The analysis emphasizes that MAT is a medically recognized standard of care for OUD and that withholding it constitutes discrimination and cruel and unusual punishment.

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Vanderbilt Law School Faculty Publications

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.

Using One Dying Regime To Save Another, Robert A. Mikos

Vanderbilt Law School Faculty Publications

Cannabis reforms are proliferating. A handful of nations have already legalized the drug for recreational purposes, and several more may soon follow suit. These national cannabis reforms are generating bottom-up pressure to liberalize the transnational legal order (TLO) for cannabis prohibition, one that involves not only international law, but also domestic law and regulatory practice. Based on a trio of international conventions, this TLO currently requires member states to limit access to marijuana, especially for non-medical or non-scientific purposes. But even as it comes under attack from below, the existing cannabis prohibition TLO may be exerting its own downward pressure …

Expanding The Reach Of Progressive Prosecution, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

This Symposium comes at a critical juncture for America's prosecutors. One important question-"Is there room for a new kind of prosecutor?"- has already been answered. Self-styled "progressive prosecutors" are flourishing in jurisdictions across the country. The question remains whether the progressive prosecutor movement will have a lasting impact and, if so, what that impact will be. One way this question will be answered is through the movement's influence on the many prosecutors who are open to reform but unlikely to adopt the "progressive" label or accompanying rhetoric. This Essay explores this theme by discussing, first, the rise of progressive prosecution …

The Changing Role Of The American Prosecutor, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

The following is a November 2019 presentation to the Louisiana District Attorneys Association, Fall Meeting of Elected District Attorneys ("DA'). The invited presentation was part of an agenda that included remarks from the Governor of Louisiana and the Chief Justice of the Louisiana Supreme Court. The opinions expressed are solely those of the author. These remarks have been edited for clarity and brevity. Some discussion specific to Louisiana, as well as the speaker introduction, and exchanges with the audience during and after the talk are excluded. A short postscript follows the remarks.

"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

"Practicing criminal law as a woman is like playing tackle football in a dress.” Andrea George, Executive Director of the Federal Public Defender for Eastern Washington and Idaho, began her testimony to the American Bar Association’s Women in Criminal Justice Task Force with that powerful observation. In the wake of the #MeToo movement, the ABA has focused on ways to enhance gender equity in the profession and in the justice system. The Criminal Justice Section of the ABA has invested significant resources in the creation of the Women in Criminal Justice Task Force (WCJ TF), which launched its work in …

The Changing Role Of The American Prosecutor, Jeffrey Bellin

Faculty Publications

No abstract provided.

Courts, Culture, And The Lethal Injection Stalemate, Eric Berger

William & Mary Law Review

The Supreme Court’s 2019 decision in Bucklew v. Precythe reiterated the Court’s great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts’ deference, executions have ground to a halt in numerous states, often due to lethal injection problems. State officials and the Court’s conservative Justices have blamed this development on “anti-death penalty activists” waging “guerilla war” on capital punishment. In reality, though, a variety of mostly uncoordinated actors motivated by a range of …

Critical Positive Youth Development: A Frameworkfor Centering Critical Consciousness, Maru Gonzalez, Michael Kokozos, Christy Byrd, Katherine Mckee

Journal of Youth Development

While positive youth development (PYD) has proven beneficial in developing youth’s strengths, fomenting youth–adult partnerships, and cultivating leadership, missing from the framework is a critical understanding of the role and impact of power, privilege, and oppression on young people’s development and lived experiences. To address this absence, we developed a critical positive youth development (CPYD) framework. Bridging positive youth development (PYD) with critical theory, CPYD positions critical consciousness—consisting of critical reflection, political efficacy, and critical action—as the 7th C of PYD and as integral to both the learning process and healthy socioemotional development. This paper introduces the CPYD framework and …

Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss

Seattle University Law Review Online

At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.

In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …

The Lawyer: Fall 2020, Seattle University School Of Law

Lawyer

No abstract provided.

Preventing Wrongful Conviction Caused By Eyewitness (Mis)Identification: Establishing A Presumption Of Unreliability, Bailey D. Barnes

Faculty Publications

Wrongful convictions are inherently antithetical to a key tenant of the system of criminal justice in the United States, which former Supreme Court Justice George Sutherland shrewdly articulated as to ensure that "guilt shall not escape or innocence suffer." Reaching even further into the foundations of the common law, the great legal commentator William Blackstone stated of wrongful convictions that "the law holds it better that ten guilty persons escape, than that one innocent party suffer." This core principle of American justice was bolstered by the statements of two key Founding Fathers, John Adams and Benjamin Franklin. Adams stated of …

The Gorsuch Test: Gundy V. United States, Limiting The Administrative State, And The Future Of Nondelegation, Johnathan Hal

Duke Law Journal

The future of nondelegation is uncertain. Long considered an “axiom in constitutional law,” the nondelegation principle has almost never been seriously enforced—from the founding of the country to present day. After the Supreme Court’s decision in Gundy v. United States, that truism may soon change.

For much of its recent history, the Court has approached nondelegation challenges using the “intelligible principle” test. Now, for the first time in many years, five Justices have indicated a willingness to revisit that test. In his dissenting opinion in Gundy, Justice Gorsuch proposed a new test—the “Gorsuch test”—for adjudicating nondelegation disputes. He averred …

On Matters Of Feedback: Supporting The Online Grading Feedback Process With Web-Based, Collaborative Comment Banks, Jennifer Schneider

Theses and Dissertations

This action research study describes how a web-based, feedback comment bank impacts online instructor efficacy as well as attitudes and perceptions associated with the online grading feedback process. Bandura’s work on individual self-efficacy, Tschannen-Moran and Hoy’s work on instructor efficacy, and Hattie’s work on collective efficacy, along with Wiggins and Hattie and Clarke’s work on grading feedback represent the core of the study’s theoretical framework. The study adopted a mixed-methods action research design to examine three research questions: “How does the use of a web-based grading feedback comment bank impact online instructor’s teaching efficacy?,” “How does the use of a …

"To Get Himself Out Of Slavery": Escape, Justice, And Honor In The Life Of A Colonial French Louisiana Bohemian ("Gypsy"), Ann Ostendorf

History Faculty Scholarship

No abstract provided.

Post-Conviction Dna Testing In Death Row: A Constitutional Argument Under The Due Process Framework, Chi-Hsin Esther Engehart

Cardozo Journal of Equal Rights & Social Justice

The note argues that post-conviction DNA testing in death row cases should be recognized as a constitutional right under the procedural due process framework of the Fourteenth Amendment. It contends that the current reliance on the Eighth Amendment, which focuses on the morality and arbitrariness of the death penalty, fails to adequately address the critical issue of conviction accuracy. By applying the Mathews v. Eldridge balancing test, the note proposes that death row inmates should have a procedural due process right to DNA testing to ensure the accuracy of their convictions before execution.