Digital Commons Network^™

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

Faculty Scholarship

What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …

The City’S Second Amendment, Dave Fagundes, Darrell A. H. Miller

Faculty Scholarship

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 tackles …

Pointing Guns, Joseph Blocher, Samuel W. Buell, Jacob D. Charles, Darrell A. H. Miller

Faculty Scholarship

The American gun debate is increasingly populated with scenes of people pointing and otherwise displaying guns. What is the legal regime governing gun displays, and how well can it address the distinct social and legal problems they pose? In this Essay, we argue that the current structure of criminal law does not supply clear rules of conduct sufficient to avoid the negative effects of gun displays, and that the rhetorical and expressive effects of Second Amendment debates threaten to make the situation worse. We also suggest how the legal rules might be improved, and how battles over norms—as much as …

Punishing With Impunity: The Legacy Of Risk Classification Assessment In Immigration Detention, Robert Koulish, Kate Evans

Faculty Scholarship

In 2012, the Department of Homeland Security adopted a risk classification assessment ("RCA") tool to run on migrants in the custody of Immigration and Customs Enforcement ("ICE"). The risk tool helped determine who was detained and who was released from ICE custody. It was intended to curb detention rates by limiting detention based on risk of flight and danger and to ensure that the conditions of civil immigration detention were distinct from those in criminal detention. This Article presents data from several RCA datasets received pursuant to the Freedom of Information Act.

The story of the RCA is one of …

University Of San Diego Graduate Course Catalog 2021-2022, University Of San Diego

Graduate Course Catalogs (1971-)

304 pages

2021 Usd Fact Book, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Framing Individualized Sentencing For Politics And The Constitution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

For decades, there was not much growth in the U.S. Supreme Court’s interpretation and application of the Eighth Amendment’s prohibition on cruel and unusual punishments. In recent years, though, the Court has expanded the Amendment’s scope to prohibit executing intellectually disabled and juvenile offenders, to ban capital punishment for all non-homicide offenses against individuals, and to for-bid life-without-parole sentences for juveniles when that punishment was mandatorily imposed or imposed on non-homicide offenders. With changing politics and a changing Court, any further expansion of Eighth Amendment protections will likely be difficult for years to come. With the recent confirmation of Amy …

The Perils Of "Old" And "New" In Sentencing Reform, Jessica M. Eaglin

Articles by Maurer Faculty

This Essay turns attention from actuarial risk assessment tools as a reform to the inclination for a technical sentencing reform more broadly. When situated in the context of technical guidelines created to structure and regulate judicial discretion in the 1980s and beyond, the institutionalization of an actuarial risk assessment at sentencing is both an old and new idea. Both sentencing guidelines and actuarial risk assessments raise conceptual and empirical questions about sentencing law and policy. This Essay drills down on two conceptual issues—equality and selective incapacitation—to highlight that actuarial risk assessments as a reform raise recurring questions about sentencing, even …

Analysis Of Millimeter-Wave Networks: Blockage, Antenna Directivity, Macrodiversity, And Interference, Enass Hriba

Graduate Theses, Dissertations, and Problem Reports (ETD)

Due to its potential to support high data rates at low latency with reasonable interference isolation because of signal blockage at these frequencies, millimeter-wave (mmWave) communications has emerged as a promising solution for next-generation wireless networks. MmWave systems are characterized by the use of highly directional antennas and susceptibility to signal blockage by buildings and other obstructions, which significantly alter the propagation environment. The received power of each transmission depends on the direction the corresponding antennas point and whether the signal’s path is line-of-sight (LOS), non-LOS (i.e., partially blocked), or completely blocked. A key challenge in modeling blocking in mmWave …

Blockchain Neutrality, Samuel N. Weinstein

Georgia Law Review

Blockchain technology is transforming how markets work.
Blockchains eliminate the need for trusted gatekeepers like
banks to execute, verify, and record transactions. In the
financial markets, their disruptive potential threatens both
Wall Street banks and Silicon Valley venture capitalists. How
blockchain technology is regulated will determine whether it
encourages or inhibits competition. Some blockchain
applications present serious fraud and systemic risks,
complicating regulation. This Article explores the antitrust and
competition policy challenges blockchain presents and proposes
a regulatory strategy, modeled on Internet regulation and net
neutrality principles, to unlock blockchain’s competitive
potential. It contends that financial regulators should promote
blockchain …

The Expressiveness Of Regulatory Trade-Offs, Benjamin M. Chen

Georgia Law Review

Trade-offs between a sacred value—like human life—
against a secular one—like money—are considered taboo.
People are supposed to be offended by such trade-offs and to
punish those who contemplate them. Yet the last decades in the
United States have witnessed the rise of the cost-benefit state.
Most major rules promulgated today undergo a regulatory
impact analysis, and agencies monetize risks as grave as those
to human life and values as abstract as human dignity.
Prominent academics and lawmakers advocate the weighing of
costs and benefits as an element of rational regulation. The
cost-benefit revolution is a technocratic coup, however, if …

Legal Work Ahead: Potential Potholes For The Hands-Free Georgia Act, Hunter G. Smith

Georgia Law Review

Georgia’s statutory regulation of distracted driving, the
Hands-Free Georgia Act, went into effect in July 2018. The Act
is rife with ambiguous and uncertain language that fails to
apprise drivers of the legal and practical consequences of their
actions. But in the three years since the Act’s passage, neither
the legislature nor the courts have addressed these issues.
With its many exceptions, the Act neither protects drivers’
constitutional rights nor adequately curtails dangerous
driving. Vagueness in the Act’s numerous exceptions, Fourth
Amendment concerns, and the potential for pretextual stops
and racial profiling present potential legal issues on which
litigants may …

Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis

Georgia Law Review

Requiring masks at the polls might implicate a clash
between two vital rights: the constitutional right to vote and the
right to protect one’s health. Yet the debate during the 2020
election over requirements to wear a mask at the polls obscured
one key fact: a majority of Americans supported a mask
mandate for voting. That is the new insight we provide in this
Essay: when surveyed, Americans strongly supported safety
measures for in-person voting, and that support was high
regardless of partisanship. One implication of our results is
that by making some widely supported safety modifications,
state election officials …

Improving Microbial Safety Of Food Products By Thermal And Non-Thermal Technology And Evaluate The Knowledge Of Antibiotic Resistant Issue Among Local Produce Growers, Wentao Jiang

Graduate Theses, Dissertations, and Problem Reports (ETD)

Microbial contamination of food products is one of the main transmission routes of disease in the world today, which is responsible for about two-thirds of all food-borne disease outbreaks although the hygiene process was improved recently. Improving microbial safety and implementing a good food management system are important elements to reduce microbial contamination and improve food safety and security. To improve microbial safety, I conducted inactivation studies on food pathogens and further explored antibiotic resistant risks. Initial research evaluated the efficacy of commercial antimicrobials distribution by comparing electrostatic sprayer with conventional sanitization process. The antibiotics applied by electrostatic spraying achieved …

Freedom Of Thought At The Ethical Frontier Of Law & Science, Marcus Moore

All Faculty Publications

Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific technologies. Among these, neurocognitive intervention technologies allow an unprecedented ability to alter thought. Concerns exist about their impact on individual freedom, behavior and personhood. They could also distort society, eroding core values of dignity, equality, and diversity. Potent laws are needed to anchor regulation in this rising field. The article explores how the long-neglected human right of Freedom of Thought might protect the integrity of the mind at the legal system’s highest level. Sample cases illustrate how it could be given effect ethically and legally to set boundaries …

Property Rights, Consequences Of Electrical Blackouts, And Measures Of Institutional Quality, Kerianne Nicole Lawson

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is comprised of three essays. Chapter 1 is about a house titling program, called Khaya Lam, in South Africa. Despite it being legal in South Africa to acquire a title deed to a government-issued home, roughly 20 million South Africans do not hold title to their property. Millions of homes are eligible to have ownership transferred from the government to the individuals living in them, but legal costs and lack of awareness keep these renters from going through the steps to secure title deeds. Though they may occupy the property for years, without a title deed South Africans …

Characterization Of Modern Ammunition And Background Profiles: A Novel Approach And Probabilistic Interpretation Of Inorganic Gunshot Residue, Korina Layli Menking-Hoggatt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Gunshot residue (GSR) can provide essential clues in gun-related investigations. The standard practice for GSR analysis uses SEM-EDS, with the capability for single particle elemental and morphological analysis. However, the method is time-consuming and based on categorical classification models without considering case circumstances. Therefore, complementary and more encompassing methods are needed to improve evidence interpretation of modern ammunition. This research aims to fill these demands by developing standard materials and alternative methods to characterize and interpret IGSR.

This study developed primer GSR (pGSR) standards from sixty discharged primers that were fully characterized by three techniques. The number of GSR particles, …

Annual Report, Fiscal Year 2021, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Voting In A Pandemic: The Effects Of Covid-19 On America's Elections, Benjamin E. Griffith, Lauren E. Ward

South Dakota Law Review

No abstract provided.

Job Demands And Job Resources Among Western Airline Cabin Crews: A Comparative Study Of Canadian, German, And French Flight Attendants, Sarah Nogues, Diane-Gabrielle Tremblay, Sari Mansour

Journal of Aviation/Aerospace Education & Research

Flight attendants are frontline workers in charge of onboard security, safety and customer service. They are required to perform a number of tasks requiring physical and psychological efforts associated with numerous health costs for this group of workers. In the aftermath of Covid-19, flight attendants employed at major airlines will likely be faced with increased job demands. However, little is known about how widespread job resources are among Western cabin crews. Based on recent findings in flight attendant job-demands literature along with the ability-motivation-opportunity (AMO) framework in strategic HRM, this paper questions airline leeway and choices in resource allocation to …

How Can We Achieve Accountability In Policing? The (Not-So-Secret) Ingredients To Effective Police Reform, Michael D. White, Henry F. Fradella, Michaela Flippin

Lewis & Clark Law Review

The summer of 2020 was marked by a series of high-profile police killings of citizens, highlighting excessive force as the most pernicious form of racial injustice in American policing. The persistence of the excessive use of force problem over decades raises serious questions regarding what we know about police accountability, and has led some to argue for defunding or even abolishing the police. However, the roadmap to effective police accountability is tangible and known. In this Article, we delineate eight guiding principles and eight strate-

Understanding The Use Of Crisis Communication In Clery Act Compliance, Allyson L. Rafanello

Dissertations and Theses @ UNI

This research explores the experiences of eight individuals with positional responsibility for the implementation of the Clery Act as a part of a college or university campus community, specifically seeking to understand the use of crisis communication theory in the issuance of timely warnings. Qualitative methods, specifically semi-structured interviews and a content analysis of previously issued timely warnings,were employed. These methods allowed the researcher to explore and seek understanding of a focused area of Clery Act compliance while hearing directly from the individuals charged with managing a detailed and ever complicated process in their efforts to protect their campus communities. …

Quality Assurance Of Lightweight Structures Via Phase-Based Motion Estimation, Ikenna E. Ifekaonwu

College of Graduate Studies: Theses & Dissertations

In recent years, lightweight structures have become mature and adopted in various applications. The importance of quality assurance cannot be overemphasized hence extensive research has been conducted to assess the quality of lightweight structures. This study investigates a novel process that exploits motion magnification to investigate the damage characteristics of lightweight mission-critical parts. The goal is to assure the structural integrity of 3D printed structures and composite structures by determining the inherent defects present in the part by exploiting their vibration characteristics. The minuscule vibration of the structure was recorded with the aid of a high-speed digital camera, and the …

Jiann-Ping Hsu College Of Public Health Magazine, Georgia Southern University

College of Public Health: News & Publications

• Message from the Dean: Stuart H. Tedders, PhD
• One-On-One: Building a POD from the ground up!
• Our Community: Making a Difference
• The COVID-19 Pivot: Teaching, Outreach, Research
• One Year Later: Reflections
• Dr. James Stephens
• Zoom made the world smaller
• Creating space where everyone belongs
• Center for Addiction Recovery Growth in a new normal—the pandemic year
• Karl E. Peace Center for Biostatistics and Survey Research Working together: biostatistics collaborations
• Center for Public Health Practice and Research Making real impacts with training, assessments and more
• Faculty and Students
• Office of Practice and Research
• Research
• College
• Photos

The Stressors Faced By Retail Workers During The Covid-19 Pandemic, Nada Elnahla, Leighann C. Neilson

AMTP Proceedings 2021

Amidst the COVID-19 pandemic, brick-and-mortar retail workers have been hailed as heroic frontline employees. No matter where a retail store is located or the severity of the lockdown, retail workers have many new regulations and guidelines to follow and implement in order to protect both themselves and their customers. Using a qualitative research methodology, this exploratory research focuses on how the COVID-19 pandemic and its resulting drastic changes in the retail sector are affecting the workers in North America. Four main stressors are identified: fear of the unknown, fear of infection, mistreatment by consumers, and the role of the powerless …

Police Prosecutions And Punitive Instincts, Kate Levine

Articles

This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for a dramatic reduction of the criminal legal system’s footprint, are deeply problematic. It shows that police prosecutions legitimize the criminal legal system while at the same time displaying the same racism and ineffectiveness that have been shown to pervade our prison-backed criminal …

Women Who Lead: A Feminist Phenomenology Of Crisis Leadership In Higher Education, Ingrid Helene Mcvanner

Doctoral Dissertations

The landscape of higher education is rife with crisis events, ranging from the global COVID-19 pandemic to natural disasters and institutional and industry-wide scandals; yet, most institutions of higher education are unprepared to tackle these crises as they arrive. As an industry, higher education is also largely dominated by men at its upper echelons, despite being a field that is predominantly staffed by women. Amidst the backdrop of the attention COVID-19 has brought to female world leaders and the quest for parity in higher education leadership positions, this study sought to explore the lived experiences of women leaders in higher …

Beyond Bostock: Implications For Lgbtq+ Theory And Practice., Sean Mccandless, Nicole M. Elias

Publications and Research

The recent U.S. Supreme Court ruling in Bostock v. Clayton County is a landmark piece of case law that offers fundamental rights to LGBT persons. This essay reflects on how this case arrived at the Supreme Court and its implications for theory and praxis. The overall conclusion is that cautious optimism is warranted.

Covid-19 And The Correctional Environment: An Analysis Of Canadian Correctional Officers’ Experiences Of Stress And Mental Health During The Pandemic, Kristina Kocsis

Theses and Dissertations (Comprehensive)

This national survey research project examined the experiences of Canadian correctional officers (COs) in providing essential correctional services during the COVID-19 pandemic. The study sampled COs from several provinces across Canada (N=596) to better understand how the pandemic impacted stress and wellbeing of this population by exploring seven constructs including resiliency, workplace safety, changes in role or responsibilities, work stress, COVID- 19 related stress, perceived support, and positive mental health. The transactional model of stress and coping and the biopsychosocial model of stress were used as theoretical frameworks to investigate stress responses among COs. Respondents reported significant changes to their …

Blockchain Neutrality, Samuel N. Weinstein

Articles

Blockchain technology is transforming how markets work. Blockchains eliminate the need for trusted gatekeepers like banks to execute, verify, and record transactions. In the financial markets, their disruptive potential threatens both Wall Street banks and Silicon Valley venture capitalists. How blockchain technology is regulated will determine whether it encourages or inhibits competition. Some blockchain applications present serious fraud and systemic risks, complicating regulation. This Article explores the antitrust and competition policy challenges blockchain presents and proposes a regulatory strategy, modeled on Internet regulation and net neutrality principles, to unlock blockchain’s competitive potential. It contends that financial regulators should promote blockchain …