Digital Commons Network^™

Did Juvenile Domestic Violence Offending Change During Covid-19?, Michael T. Baglivio, Kevin T. Wolff, Joan A. Reid, Sherry L. Jackson, Alex R. Piquero

Publications and Research

The current study adds some of the first light into the initial impacts of the largest global health crisis in a generation on family and domestic violence, the long-term repercussions of which may take decades to unpack. Statewide trends in juvenile arrests for domestic violence (DV)-related offending are examined, taking into account school closures for in-person learning in March 2020 and the subsequent mandate for an in-person learning option in Florida in August 2020. Additionally, trends by sex, race/ethnicity, and severity of the offense are examined. Contrasting with growing studies demonstrating an increase in DV-related arrests among adults, we find …

Popular Culture Informing Public Administration: Messages And Prospects For Social Equity, Sean Mccandless, Nicole M. Elias

Publications and Research

In the discipline of public administration, popular culture remains under-examined in scholarship and under-utilized in pedagogy. However, the field would benefit from greater integration of popular culture to expand understandings of governance, especially in that it provides important representations of and messaging about some of today's most pressing social equity issues. To contextualize popular culture in public administration, we use critical discourse analysis as a frame to demonstrate how popular culture can inform public administration, especially regarding social equity. We argue that popular culture should be more extensively covered in public administration, because it offers a lens for better understanding …

Policy And Procedure Recommendations For The Collection And Preservation Of Eyewitness Identification Evidence, Gary L. Wells, Margaret Bull Kovera, Amy Bradfield Douglass, Neil Brewer, Christian A. Meissner, John T. Wixted

Publications and Research

Objective: The Executive Committee of the American Psychology-Law Society (Division 41 of the American Psychological Association) appointed a subcommittee to update the influential 1998 scientific review paper on guidelines for eyewitness identification procedures. Method: This was a collaborative effort by six senior eyewitness researchers, who all participated in the writing process. Feedback from members of AP-LS and the legal communities was solicited over an 18-month period. Results: The results yielded nine recommendations for planning, designing, and conducting eyewitness identification procedures. Four of the recommendations were from the 1998 article and concerned the selection of lineup fillers, prelineup …

Examining Public Opinion About Abortion: A Mixed-Methods Systematic Review Of Research Over The Last 15 Years, Amy Adamczyk, Chunrye Kim, Leevia Dillon

Publications and Research

Although abortion became legal four decades ago, Americans remain staunchly divided over its acceptability. While researchers have been interested in the factors shaping abortion attitudes, there are almost no reviews of this work. We examine the factors shaping Americans’ abortion attitudes and assess the state of published peer-reviewed articles in this area over the last 15 years. Using a mixed-methods systematic review, we analyze and critique the findings from 116 journal articles that have examined attitudes about abortion between 2001 and 2016. Amongst the many predictors and outcomes examined, we show that religion is by far the most utilized statistically …

Reemergence Of Guadalupe Fur Seals In The U.S. Pacific Northwest: The Epidemiology Of Tranding Events During 2005–2016, Erin D'Agnese, Dyanna M. Lambourn, James Rice, Debbie Duffield, Jessica L. Huggins, Terry Spraker, Stephen A. Raverty, Tetiana Kuzmina, Micheal E. Grigg, Kristin Wilkinson, Multiple Additional Authors

Biology Faculty Publications and Presentations

Guadalupe fur seals (GFS), Arctocephalus philippii townsendi, an U.S. Endangered Species Act threatened pinniped, have recently reappeared in their historic range along the western seaboard of the continental United States. Starting 2005 through 2016, 169 GFSs stranded in Washington and Oregon, involving two designated unusual mortality events. The circumstances surrounding GFS strandings, mortality, and their increased presence in Oregon and Washington were analyzed during this study. Detailed necropsies, histopathology (n = 93), and epidemiological analysis found three main causes of death (COD): emaciation (44%), trauma (29%), and infectious disease (19%) and the factors associated with overall strandings and …

Addressing Health Disparities In The Rural United States: Advocacy As Caregiving Among Community Health Workers And Promotores De Salud, Ryan I. Logan, Heide Castaneda

Anthropology Faculty Publications

Rural populations in the United States are faced with a variety of health disparities that complicate access to care. Community health workers (CHWs) and their Spanish-speaking counterparts, promotores de salud, are well-equipped to address rural health access issues, provide education, and ultimately assuage these disparities. In this article, we compare community health workers in the states of Indiana and Texas, based on the results of two separate research studies, in order to (1) investigate the unique role of CHWs in rural communities and (2) understand how their advocacy efforts represent a central form of caregiving. Drawing on ethnographic, qualitative data—including …

Application Of The Neuromuscular Fatigue Threshold Treadmill Test To Muscles Of The Quadriceps And Hamstrings, Clayton L. Camic, Attila J. Kovacs, Trisha A. Vandusseldorp, Ethan C. Hill Phd, Evan A. Enquist

Department of Nutrition and Health Sciences: Faculty Publications

Purpose: The purposes of the present study were: (1) to determine whether the physical working capacity at the fatigue threshold (PWC_FT) model that has been used for estimating the onset of neuromuscular fatigue in the vastus lateralis (VL) during incremental treadmill running could also be applied to the vastus medialis (VM), biceps femoris (BF), and semitendinosus (ST) muscles; and (2) if applicable, to compare the running velocities associated with the PWC_FT among these muscles.

Methods: Eleven subjects (age 21.7 ± 1.8 years) performed an incremental treadmill test to exhaustion with electromyographic signals recorded from the …

Ipsilateral And Contralateral Torque Responses To Bilateral And Unilateral Maximal, Fatiguing, Isokinetic Leg Extensions, Tyler J. Neltner, John Paul V. Anders, Joshua L. Keller, Robert W. Smith, Terry J. Housh, Richard J. Schmidt, Glen O. Johnson

Department of Nutrition and Health Sciences: Faculty Publications

Background: Few studies have compared performance fatigability (PF) for bilateral versus unilateral isokinetic tasks. Objectives: The purpose of this study was to examine: Mode- specific testing responses to isokinetic fatigue, differences in PF between bilateral and unilateral leg extensions, and the effects of fatiguing, unilateral, dynamic leg extensions on contralateral isokinetic peak torque (PT) and maximal voluntary isometric contraction (MVIC). Methods: Eight men (mean ± SD: age= 22.5 ± 2.5 yr.) completed pre- and post-testing for PT and MVIC following 50 bilateral, unilateral right or left leg maximal, isokinetic leg extensions at 180°·s-1, on three separate days. Fatigue-induced decreases in …

Application Of The Neuromuscular Fatigue Threshold Treadmill Test To Muscles Of The Quadriceps And Hamstrings, Clayton L. Camic, Attila J. Kovacs, Trisha A. Vandusseldorp, Ethan C. Hill, Evan A. Enquist

Department of Nutrition and Health Sciences: Faculty Publications

Purpose: The purposes of the present study were: (1) to determine whether the physical working capacity at the fatigue threshold (PWCFT) model that has been used for estimating the onset of neuromuscular fatigue in the vastus lateralis (VL) during incremental treadmill running could also be applied to the vastus medialis (VM), biceps femoris (BF), and semitendinosus (ST) muscles; and (2) if applicable, to compare the running velocities associated with the PWCFT among these muscles.

Methods: Eleven subjects (age 21.7 § 1.8 years) performed an incremental treadmill test to exhaustion with electromyographic signals recorded from the VL, VM, BF, and ST. …

The Code Of The Platform, Todd Haugh, Abbey Stemler, Joshua E. Perry

Georgia Law Review

Digital platform-based businesses such as Uber,
eBay, and Google have become ubiquitous in our daily
lives. They have done so by expertly harnessing
technology to bring supply- and demand-side users
together for commercial and social exchange. Users are
happy to let these platform companies play
“matchmaker” because transaction costs are lowered—it
is easier to find or give a ride, buy or sell a product, or
obtain almost any kind of information than ever before—
and platforms are happy to be at the center of the
exchange, taking advantage of network effects to become
wildly successful. Despite the success of these …

Pretrial Detention Of Indigents: A Standard Analysis Of Due Process And Equal Protection Claims, Robert William G. Wright

Georgia Law Review

Over the past several years, criminal justice activists
have sought to reform misdemeanor bail policies that
condition pretrial release on an arrestee’s ability to pay
a predetermined cash bond. Activists have challenged
such bail polices by filing lawsuits on behalf on indigent
persons who have been exposed to such policies. Often,
these lawsuits allege that bail policies violate both the
Due Process and Equal Protection Clauses of the
Fourteenth Amendment. While due process and equal
protection analyses are generally well-defined, U.S.
Supreme Court precedent does not offer a clear analysis
for courts to apply to due process and equal protection …

Heating Up And Cooling Down: Modifying The Provocation Defense By Expanding Cooling Time, Ariel J. Pinsky

Georgia Law Review

This Note argues for expanding the provocation
defense for criminal defendants by broadening the
applicability and recognition of both cooling time and
rekindling. This expansion can be accomplished by
transforming cooling time and rekindling into subjective
standards that focus on the unique internal and external
qualities of the defendant. Doing so would not only be
consistent with the underlying purpose of the defense but
also appropriate considering our modern understanding
of the psychological effects of trauma and reactivity to
provoking stimuli. Accordingly, courts should practice
leniency with respect to cooling time and rekindling. The
best approach to provocation is one …

Discriminatory Dualism, Sarah L. Swan

Georgia Law Review

This Article identifies and theorizes a significant but
previously overlooked feature of structural
discrimination: it frequently develops into two seemingly
opposing, yet in fact mutually supportive practices. This
“discriminatory dualism” occurs in multiple contexts,
including policing, housing, and employment. In
policing, communities of color experience overpolicing
(i.e., the aggressive overenforcement of petty crime) at the
same time as they experience underpolicing (i.e., the
persistent failure to address violent crime). In housing,
redlining (i.e., the denial of credit to aspiring
homeowners based on race) combines with reverse
redlining (i.e., the over-offering of credit on exploitative
terms) to suppress minority homeownership. And …

The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King

Georgia Law Review

Despite evidence that America’s low-level courts are
overburdened, unreliable, and structurally biased,
sentencing judges continue to uncritically consider a
defendant’s criminal history in fashioning an
appropriate punishment. Misdemeanor courts lack
many of the procedural safeguards that are thought to
ensure accuracy and reliability. As with other stages of
the criminal justice system, people of color and poor
people are disproportionately burdened with the
inaccuracies of the misdemeanor system.
This Article examines instances in which sentencing
courts have looked behind the mere fact of a prior
conviction and assessed whether that prior conviction
offered any meaningful insight for the subsequent
sentence. …

The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws, Zachary P.T. Lundgren

Georgia Law Review

In 2018, on the heels of intense debate and
widespread media campaigns, the FCC repealed its
2015 regulations protecting net neutrality. The repeal
continued to stoke controversy after it was announced,
facing congressional and legal challenges almost
immediately. The most interesting response, however,
has been the passage of state net neutrality laws in
California, Oregon, Vermont, and Washington. The first
of their kind, these four laws largely purport to reinstate
the 2015 net neutrality rules within state lines.
Rather than take sides in the net neutrality debate,
this Note focuses on these novel state laws and,
principally, whether they will …

Faulty Forensics: Bolstering Judicial Gatekeeping In Georgia Courts, Miranda S. Bidinger

Georgia Law Review

Forensic evidence is widely used in criminal cases
across the country and is accorded great weight by
juries. But critics have begun to question its reliability.
Its use has contributed to numerous wrongful
convictions, and though some individuals have been
exonerated, many remain incarcerated for crimes they
did not commit.
This Note explores a variety of forensic science
disciplines and their associated problems, the recent
push for forensic reform, and the current standards
governing the admissibility of forensic evidence at the
federal level and in Georgia courts, highlighting the
lenient standard embodied in the Georgia Code and
elaborated upon in …

Georgia’S Runoff Election System Has Run Its Course, Graham P. Goldberg

Georgia Law Review

Georgia requires candidates to earn a majority of
votes in their party’s primary to win elected office. The
majority-vote requirement—passed by the General
Assembly in 1964—is stained by racially-fraught
politics of the era, and even its alleged “good
government” goals are now antiquated. This Note
explores the history of Georgia’s majority-vote
requirement, examines two legal challenges to the law,
and analyzes its flaws and virtues. Finally, this Note
demonstrates that more appealing alternatives to the
majority-vote requirement exist and recommends that
Georgia replace its current runoff election system with
either ranked choice voting or a forty-percent
threshold-vote requirement.

Bending The Arc Toward Justice: The Current Era Of Juvenile Justice Reform In Georgia, Melissa D. Carter

Georgia Law Review

America’s juvenile justice system is experiencing another era of reform. The formal juvenile justice system originated from the ideology and methods of social reformers who viewed deviant behavior as a treatable condition and sought redemption of criminal youth. In the first era of reform, that view powered the state’s exercise of its parens patriae authority and produced a paternalistic judiciary and institutions that used custody as a means of achieving social control. Over time, changing political and social views of childhood and a growing recognition in the law of children as rights-holders shifted the system’s focus away from the rehabilitative …

Juvenile Justice Reform In Georgia: A Collective Decisionmaking Approach To De-Politicize Crime And Punishment, The Honorable Steven Teske

Georgia Law Review

Since the creation of the first juvenile court in 1899, juvenile courts have undergone periods of transition in response to legislative enactments prompted by societal events or in response to legal challenges involving due process rights of children. This Article examines politics and the extent in which it played a role in shaping juvenile justice and crime policies and its impact on children and public safety. In this critical review of each period of transition, this Article concludes that the lack of success among juvenile justice agencies, including the courts, is predominately the result of the politicizing of crime and …

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

Georgia Law Review

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 counties …

To Outgrow A Mockingbird: Confronting Our History—As Well As Our Fictions—About Indigent Defense In The Deep South, Sarah Gerwig-Moore

Georgia Law Review

To Kill a Mockingbird occupies a beloved space in law school classrooms and curricula, especially in its portrayal of Atticus Finch. Frequently held up as the model or “hero-lawyer,” Atticus’s character is powerful in fiction, but problematic in practice. His work is lauded, rather than scrutinized, despite his questionable ability to represent his client in life-or-death circumstances—specifically, a racially charged sexual assault case in the Deep South. Through considering examples of historical lawyers and texts which explore similar themes without the lens of fiction, those engaged in legal education and legal practice can and should look to others to study …

Confronting Memory Loss, Paul F. Rothstein, Ronald J. Coleman

Georgia Law Review

The Confrontation Clause of the Sixth Amendment grants
“the accused” in “all criminal prosecutions” a right “to be
confronted with the witnesses against him.” A particular
problem occurs when there is a gap in time between the
testimony that is offered and the cross-examination of it, as
where—pursuant to a hearsay exception or exemption—
evidence of a current witness’s prior statement is offered and,
for some intervening reason, her current memory is impaired.
Does this fatally affect the opportunity to “confront” the
witness? The U.S. Supreme Court has, to date, left unclear the
extent to which a memory-impaired witness can …

Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella

Georgia Law Review

International events over the last year have propelled the
importance of whistleblowers to the forefront. It is increasingly
evident that whistleblowers provide immense value to society.
Yet, for years, whistleblowers have been victims of retaliation,
commonly experiencing threats, discrimination, and
employment termination due to their reporting. Against the
backdrop of a society heavily defined by compliance-focused
initiatives—where organizations and industries construct
robust compliance programs, internal policies, and codes of
conduct—this Article highlights a significant gap in legal
protections for would-be whistleblowers. While compliance
initiatives demonstrate that active self-regulation is
increasingly a staple of organizational governance, this Article
pinpoints the problems …

The Georgia Condominium Act’S Authorization Of Private Takings: Revisiting Kelo And “Bitter With The Sweet”, Tyler Gaines

Georgia Law Review

Homeownership provides owners with certain property
rights and a sense of security. One of the most important
property rights is the Takings Clause of the U.S. Constitution,
which prohibits the government from taking private property
without just compensation. The Clause has been incorporated
against the states and is interpreted as prohibiting any taking
that does not serve a public use. Despite these constitutional
protections, numerous condominium owners face the threat of
private investors taking their units for no public use, without
just compensation, and without the owners’ consent.
Many state condominium laws allow private investors who
obtain a specified percentage …

Puppies, Puppies, Puppies: Why Georgia Should “Adopt” A Progressive Puppy Lemon Law And Engage In Much-Needed Statutory Reform, Jonathan T. Tortorici

Georgia Law Review

The Georgia Animal Protection Act—a set of animal
protection laws that has remained unchanged for nearly two
decades—was passed to promote animal welfare across the
state. Although the Act was progressive at its inception, its
failure to curb the atrocious conditions created by puppy mills
has become increasingly apparent, resulting in serious
consequences for both consumers and dogs. Georgia must
amend its animal protection laws to shift the costs of puppy
mills to where they belong: on pet sellers. Among other
innovative solutions to this problem, many states have enacted
“puppy lemon laws” that generally provide pet purchasers with
the …

Why The Vppa And Coppa Are Outdated: How Netflix, Youtube, And Disney+ Can Monitor Your Family At No Real Cost, Anna O’Donnell

Georgia Law Review

Video-streaming services like Netflix, YouTube, and Disney+
dominate the current media landscape. This Note explains why
current laws likely cannot effectively prevent these streaming
services from collecting and sharing users’ private information.
The Video Privacy Protection Act (the VPPA) contains language
that has baffled courts when applying its text to streaming
services, resulting in multiple circuit splits. The Children’s
Online Privacy Protection Act (COPPA) has a clearer
application to streaming services, yet its enforcement has
resulted in small settlements with companies that have been
charged with collecting children’s private information. Both the
VPPA and COPPA need to be updated to …

Antecedents Of Tendency To Help The Victims Of Human Trafficking From The Perspective Of High-Contact Service Employees In The Lodging Industry, Melissa Farboudi Jahromi

Electronic Theses and Dissertations, 2020-2023

International Labor Organization estimated that 40.3 million people were victims of human trafficking in 2016. The high rate of human trafficking has drawn policymakers' attention to this issue and made them enforce anti-trafficking laws and regulations. However, their legal measures have not been based on solid empirical evidence due to the lack of academic research on human trafficking. The scant research available on human trafficking has been mainly descriptive or an investigation of sex trafficking cases to provide help to survivors. Thus, there is a need for research to explore human trafficking as a human rights issue through various perspectives …

Cultural Institutions' Digital Responses To Covid-19 Temporary Closures, Brittany N. Ryder

Honors Undergraduate Theses

The purpose of the study was to explore what types of digital content cultural institutions implemented during COVID-19 temporary closures and their effects on social media engagement. Existing research identified the role of digital content and social media in cultural institutions, but only in times of normal operations. The study adds to the existing literature by exploring types of digital content implemented, impacts on social media engagement, measures of social media engagement, and future implications in regard to COVID-19 temporary closures.

The study recruited 16 cultural institutions from across the United States to take part in in-depth semi-structured phone interviews …

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do insurers …

Lying And Cheating, Or Self-Help And Civil-Disobedience?, Aditi Bagchi

Faculty Scholarship

May poor sellers lie to rich buyers? This article argues that, under limited circumstances, sellers may indeed have a license to lie about their goods. Where sellers are losers under unjust background institutions and they reasonably believe that buyers have more than they would under just institutions, lies that result in de minimum transfers can be regarded as a kind of self-help. More generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political contingency of sellers’ obligations to buyers. In other contexts, …