Digital Commons Network^™

Black Redemption, Daniel S. Harawa

Faculty Articles

This Essay asserts that if Black lives matter, there needs to be a radical shift in our understanding of punishment. One necessary (but not sufficient) step must be a complete overhaul of current Eighth Amendment jurisprudence to make it reflect the notion that all people, particularly Black people, are redeemable. This requires giving teeth to the “grossly disproportional” standard for deciding whether punishment is excessive — particularly when reviewing harsh sentences imposed under habitual offender laws. It requires dispelling the idea that a child could be considered “permanently incorrigible” and thus worthy of being locked away for life. And it …

Supporting Shrinkage: Planning And Decision Making For Legacy Cities, Michael P. Johnson Jr., Justin Hollander, Eliza Whiteman Kinsey, George Chichirau, Charla Burnett

Public Policy and Public Affairs Faculty Publication Series

Supporting Shrinkage describes a new approach to citizen-engaged, community-focused planning methods and technologies for cities and regions facing decline, disinvestment, shrinkage, and social and physical distress. The volume evaluates the benefits and costs of a wide range of analytic approaches for designing policy and planning interventions for shrinking cities and distressed communities. These include collaborative planning, social media, civic technology, game design, analytics, decision modeling and decision support, and spatial analysis. The authors present case studies of three US cities addressing shrinkage and decline, with a focus on issues of social justice, democratization of knowledge, and local empowerment. Proposed as …

Firefighters Self-Efficacy Of Injuries And Willingness To Report Injuries Within The Southeast Region Of The United States, Marissa Villafuerte

College of Graduate Studies: Theses & Dissertations

CONTEXT: Firefighting is a dangerous profession often leading to minor and severe injuries. Injuries range from basic first aid to fatalities. Over a third of injuries linked to muscular-skeletal injuries (MSKI). To address MSKI, the fire service has turned to preventative and rehabilitation care such as on-site health care professionals.

OBJECTIVE: The purpose of this study was 1) to understand rural firefighters' self-efficacy of injury care and willingness to report MSKIs, 2) compare on-site preventative care fire departments to traditional fire departments and 3) describe the influence of on-site self-efficacy of MSKI care and willingness to report injuries based on …

Workplace Stress And Coping In Us Virgin Island Police Officers, Isheba James

Walden Dissertations and Doctoral Studies

Research indicates that policing is one of the most challenging and stressful professions worldwide regardless of the size of the police department, specialty area of service, or even geographic location. This study explored workplace stress and related coping strategies as described by police officers in the U.S. Virgin Islands through phenomenological inquiry. In addition to factors of stress and coping, components of culture and current local challenges received focus in the exploration. The research population consisted of 9 Virgin Islands police officers. Underpinning the study was the demand resources individual differences model and Lazarus and Folkman’s stress theory. The research …

The Ideal And The Actual In Procedural Due Process, Norman W. Spaulding

UC Law Constitutional Quarterly

The law proceduralists write about and teach is nothing like what most ordinary Americans experience when they step into court. Indeed, the evidence shows that most Americans who have legal problems do not ever get to court, nor do they receive a meaningful alternative hearing. In this way both judicial and academic discourse on procedure, even among those who see glaring problems of access to justice, is idealized, abstract, and ossified—unconnected to the actual. This Essay describes the ideal/actual divide in procedure—the cognitive, doctrinal and ideological effects of lingering on the ideal side of it, and the forms of subordination …

Examining Personal And Organizational Factors Leading To Police Officers’ Underutilization Of Employee Assistance Programs, Michael David Leary

Walden Dissertations and Doctoral Studies

Police officers routinely get exposed to stressful or traumatic events throughout the tenure of their careers, which can lead to a build-up of emotions and internal stress. Consequently, research has shown that police officers have a higher suicide rate than the general public. Previous studies demonstrated that the majority of police officers have little knowledge about their provided employee assistance programs (EAP), and fewer yet have used the programs. The purpose of this quantitative study was to determine whether a significant relationship existed between and among factors such as self-stigma of seeking help, social stigma of receiving psychological help, attitudes …

Stress Perceptions And Verbal Commands For Law Enforcement In High-Stress Situations, John Kenneth Gibson

Walden Dissertations and Doctoral Studies

Acute stress can have a negative effect on the physiology and cognitive performance of peace officers when they are engaged in high-stress situations. This could lead to injury or loss of life if a mistaken perception occurs or incorrect decision is made by the officer or suspect. The purpose of this qualitative phenomenological study was to explore the perceptions of stress for peace officers who issue verbal commands to an aggressive role-playing suspect in a use-of-force scenario. The theoretical framework was Lazarus and Folkman's transactional theory of stress and coping. Data were collected from observations, field notes, and semi-structured interviews …

The Impact Of Community Churches And Barbershops On Preventive Care Utilization Among African American Men, Quiante Chappell Hager

Walden Dissertations and Doctoral Studies

Preventive health care screening plays an essential role in reducing chronic diseases and mortality rates; yet, even as health care access has increased, African American men’s utilization of preventive screenings remains low in rural areas. The purpose of this qualitative case study was to investigate why African American men are not utilizing preventive care services and ascertaining the impact that social determinants may have on their utilization of these services. The theoretical framework of this research study comprised the social-ecological modal and health belief model to investigate the barriers to preventive care utilization in the African American community. Twelve African …

Gun Control: Republican Views For Common Ground, Ruth Yazmin Molina

Walden Dissertations and Doctoral Studies

AbstractPublic and political opinion regarding gun regulation in the United States are sharply split across the political divide. The purpose of this research was to determine the common ground among the Republican Party supporters concerning gun control legislations in the United States. The frame for the study poised into determining in what ways does an affiliation to the Republican Party influence a supporters’ views on state and federal gun laws and if members of the Republican Party believe that a common ground may exist with Democrats for passable gun control legislation. Partisan motivated reasoning theory was used to frame the …

Syracuse & The Imperial University: Militarizing Police And Criminalizing Dissent In Response To The #Notagainsu Movement, Caleb Wertz

Renée Crown University Honors Thesis Projects - All

No abstract provided.

Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg

North Carolina Law Review

No abstract provided.

Conventional Traffic Policing In The Age Of Automated Driving, Jordan Blair Woods

North Carolina Law Review

No abstract provided.

The Economic And Philosophic Manuscripts Of Data, Sage D. Young

CMC Senior Theses

Society is filled with words and images that elucidate the positive force radiating from technology entities. I push back against this imprecise and inaccurate narrative by breaking down the illusions created by surveillance capitalism. I argue that there exists a unique relationship between an individual and their environment in creating value, especially in the form of data. This relationship tears down the smokescreens prompted up by the surveillance state because it demonstrates the costs of technology and surveillance capitalism. I found that how data is created and made monetarily valuable has significant, adverse repercussions on the capability to flourish as …

Beyond The Cooperation-Conflict Conundrum: Proceedings Of An Arctic Security Webinar Series, Aldo Chircop

Articles, Book Chapters, & Popular Press

The origins of the conference, for which this volume is the published record, go back to the fall of 2019 and the Canadian Pugwash Group’s (CPG’s) annual general meeting. Having just held a major policy conference at the University of Ottawa on “Speeding Towards the Abyss: Contemporary Arms Racing and Global Security,” the CPG was considering what should be the subject of its next policy conference. Arctic security, in all its dimensions, quickly was identified as the theme to pursue. Planning got underway with a view to holding the event in the fall of 2020 and finding suitable partners.

The …

The Non-Lawyer Attorney General- Problems And Solutions, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

In this article, I provide a legal and policy analysis of the non-lawyer Attorney General and recommendations for legislative change. I begin in Part 1 by setting out and assessing Askin and its uptake in the case law and literature. I demonstrate that while the decision in Askin has two major weaknesses, the reasoning is presumably applicable across the country.7 In Part 2, I examine the legal consequences of Askin and its policy or practical consequences. I argue that it threatens the government’s solicitor-client privilege and that it leaves the non-lawyer Attorney General unconstrained by the law of lawyering more …

The Premier Should Not Also Be The Attorney General: Roncarelli V Duplessis Revisited As A Cautionary Tale In Legal Ethics And Professionalism, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

From time to time, a Premier or Prime Minister appoints themself as Attorney General. In this article, I argue that this dual portfolio is inherently and incurably problematic and should be avoided and indeed prohibited. I do so from the perspective of legal ethics and professionalism. The springboard for my analysis is the conduct of Quebec Premier and Attorney General Maurice Duplessis in the classic case of Roncarelli v Duplessis. While there may well be perceived benefits that tempt Premiers to serve in the dual role, any lawyer who does so unavoidably violates his or her professional obligations. For …

Human Rights And Transnational Organized Crime, Robert Currie, Sarah Douglas

Articles, Book Chapters, & Popular Press

This chapter will scrutinize the points at which these two legal regimes intersect with and infuse each other. It will proceed in three sections. The first section will provide a brief overview of the international human rights law system, specifically tailored to ground the following parts. The second section will examine the means by which protection is given to the human rights of individuals who are targeted for criminal investigation and prosecution as a result of their alleged involvement in TOC (referred to for efficiency as “accused persons” or “the accused”). It will first briefly explain the means by which …

That Is Enough Punishment: Situating Defunding The Police Within Antiracist Sentencing Reform, Jalila Jefferson-Bullock, Jelani Jefferson Exum

Fordham Urban Law Journal

No abstract provided.

Black Redemption, Daniel S. Harawa

Fordham Urban Law Journal

No abstract provided.

Abusing Emergency Powers: How The Supreme Court Degraded Voting Rights Protections During The Covid-19 Pandemic And Opened The Door For Abuse Of State Power, Andrew Vazquez

Fordham Urban Law Journal

No abstract provided.

Social Workers To The Rescue?: An Urgent Call For Emergency Response Reform, Celia Goble

Fordham Urban Law Journal

No abstract provided.

An Opportunity Zone Falls In A Forest, Anika Singh Lemar

Fordham Urban Law Journal

No abstract provided.

Occupational Licensing As A Barrier For People With Criminal Records: Proposals To Improve Anti-Discrimination Law To Address Adverse Employment Impacts From The Criminal Legal System, Georgia Decker

Fordham Urban Law Journal

No abstract provided.

Undergraduate Bulletin, 2021-2022, Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

Graduation Bulletin, 2021-2022, Minnesota State University Moorhead

Graduate Bulletins (Catalogs)

No abstract provided.

The City's Second Amendment, David Fagundes, Darrell A.H. Miller

Faculty Articles

Cities are increasingly common sites of contestation over the scope and meaning of the Second Amendment. Some municipalities have announced their opposition to firearm restrictions by declaring themselves Second Amendment sanctuaries. Others have sought to curtail gun violence by passing restrictive local regulations. Still others have responded to police violence by moving to demilitarize, disarm, or even disband their police forces. The burgeoning post-Heller legal literature, though, has largely overlooked the relationship between cities, collective arms bearing, and the Second Amendment. In sum, to what extent do cities themselves have a right to keep and bear arms? This Article …

Making Deflection The New Diversion For Drug Offenders, Kay L. Levine, Joshua C. Hinkle, Elizabeth Griffiths

Faculty Articles

The argument unfolds as follows. In Part I, we describe the origins and operation of deflection programs that currently exist in the United States and present the published empirical evidence about their effect on recidivism rates, as well as police and user population responses to them. We specifically discuss the LEAD template from Seattle, in addition to other models in Massachusetts and Texas. In Part II, we take a closer look at how conventional policing differs from the pre-arrest diversion program that was recently instituted in Atlanta. Using data from an original dataset of all 2012 felony drug arrests in …

Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry

Faculty Articles

My overarching aim in the Article is to defend a particular understanding of two constitutional rights and, relatedly, a particular resolution of two constitutional controversies. The two rights I discuss are among the most important rights protected by the constitutional law of the United States: the right to equal protection and the right of privacy. As I explain in the Article, the constitutional right to equal protection is, at its core, the human right to moral equality, and the constitutional right to privacy is best understood as a version of the human right to moral freedom. The two controversies I …

Preference-Aware Task Assignment In Mobile Crowdsensing, Fatih Yucel

Theses and Dissertations

Mobile crowdsensing (MCS) is an emerging form of crowdsourcing, which facilitates the sensing data collection with the help of mobile participants (workers). A central problem in MCS is the assignment of sensing tasks to workers. Existing work in the field mostly seek a system-level optimization of task assignments (e.g., maximize the number of completed tasks, minimize the total distance traveled by workers) without considering individual preferences of task requesters and workers. However, users may be reluctant to participate in MCS campaigns that disregard their preferences. In this dissertation, we argue that user preferences should be a primary concern in the …

Law Enforcement Organization Relationships With Prosecutors, Daniel C. Richman

Faculty Scholarship

Although police departments and prosecutor’s o􀁽ces must closely collaborate, their organizational roles and networks, and the distinctive perspectives of their personnel, will inevitably and regularly lead to forceful dialogue and disruptive friction. Such friction can occasionally undermine thoughtful deliberation about public safety, the rule of law, and community values. Viewed more broadly, however, these interactions promote just such deliberation, which will become even healthier when the dialogue breaks out of the closed world of criminal justice bureaucracies and includes the public to which these bureaucracies are ultimately responsible. This chapter explores such organizational interactions and their value.