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2021

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Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan Jul 2021

Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan

Law Faculty Scholarship

The continuing public attention focused on acts of mass violence, including mass shootings, has understandably created significant concerns over the ability to protect individuals from death and injury attributable to these acts. At least two generalized explanations for this kind of violence have been put forward, based on the nature of the acts and apparent motivation of the perpetrators, who are often killed in the process by themselves or law enforcement officers. Many acts of mass violence are committed by individuals confirmed to be terrorists, acting with political or religious-political motivations. Others are assumed to be committed by individuals acting …


July 2021 Magazine Jul 2021

July 2021 Magazine

Ergo

No abstract provided.


The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz Jul 2021

The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz

Minnesota Journal of Law & Inequality

No abstract provided.


Prisoner Exposure To A Pandemic: Measuring When Institutional Response Rises To Punishment, Josh Slovin Jul 2021

Prisoner Exposure To A Pandemic: Measuring When Institutional Response Rises To Punishment, Josh Slovin

Mercer Law Review

The Constitution prohibits the cruel and unusual punishment of inmates and detainees. Accordingly, when prison conditions fall below a humane level due to acts or omissions by prison officials, the prison may be found in violation of the Eighth Amendment, the Cruel and Unusual Punishment Clause, against an inmate or the Fourteenth Amendment, the Due Process Clause, against a pre-trial detainee (hereinafter detainee).

Specifically, the assertion of such claims regarding poor prison conditions raises the question of how prisons, and thus the courts, are approaching the novel health risks and administrative challenges posed by a global Coronavirus (COVID-19) pandemic in …


Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen Jul 2021

Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen

Washington and Lee Law Review

Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for “crimes involving moral turpitude,” or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple assault generally is not. For a crime to qualify as a CIMT, it must include depraved conduct and some level of intent.

The CIMT framework has been criticized for a variety of reasons. Not only is it defined ambiguously with outdated language, but the moral values it enshrines can sometimes …


Federal Income Taxation, Nikolai Karetnyi, Ruoxi Zhang Jul 2021

Federal Income Taxation, Nikolai Karetnyi, Ruoxi Zhang

Mercer Law Review

In the year 2020, the federal courts within the United States Court of Appeals for the Eleventh Circuit handed down several notable opinions on federal tax issues.1 This Article surveys two of those opinions involving the taxation of conservation easements and the receipt of settlement payments.


Hail? No! There's An App For That: Georgia Courts Signal Favor For Innovation Over Monopolies As Taxis Battle Against Rideshares For Market Dominance, Sara Snowden Jul 2021

Hail? No! There's An App For That: Georgia Courts Signal Favor For Innovation Over Monopolies As Taxis Battle Against Rideshares For Market Dominance, Sara Snowden

Mercer Law Review

Atlanta Metro Leasing, Inc. v. City of Atlanta was a battle in the making between traditional taxis and novel rideshares since the latter emerged in Atlanta's vehicle-for-hire marketplace. As a major player in Atlanta's traditional taxi industry, Atlanta Metro Leasing, Inc. (Atlanta Metro) went toe-to-toe with the City of Atlanta (City) for refusing to enforce its ordinances against rideshare companies, such as Uber and Lyft. Atlanta Metro contended the City’s failure to enforce its ordinances eroded Atlanta Metro’s previously enjoyed exclusivity in the vehicle-for-hire industry, and therefore, diminished the value of taxi medallions. Looming in the background, the advent of …


Antiracism In Action, Daniel Harawa, Brandon Hasbrouck Jul 2021

Antiracism In Action, Daniel Harawa, Brandon Hasbrouck

Washington and Lee Law Review

Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court’s fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet Chief Judge Roger L. Gregory challenges the facially race-neutral reasoning of criminal justice actors, often applying ostensibly colorblind scrutiny to achieve a color-conscious jurisprudence. Nor is he afraid of engaging directly in a frank discussion of the racial realities of America, rebuking those within the system …


Sepsis Monitoring Using Contextually-Tailored Online Change Point Detection And Beyond, Nazmus Sakib Jul 2021

Sepsis Monitoring Using Contextually-Tailored Online Change Point Detection And Beyond, Nazmus Sakib

Dissertations (1934 -)

Considering morbidity, mortality, and annual treatment costs, the dramatic rise in the incidence of sepsis and septic shock among intensive care unit (ICU) admissions in US hospitals is an increasing concern. The recent excruciating statistics regarding sepsis mortality, the average length of hospital stay, and annual treatment costs made sepsis treatment and research a critical domain in medical informatics. The aims of this dissertation center around four research questions. First, we discuss how we can investigate the prevalence and underlying relation of the sepsis diagnosis criteria (qSOFA and SIRS) and its implications in Medical Informatics and predictive analytics. Second, we …


Health Information Beyond Pandemic Emergencies: Privacy For Social Justice, Leslie Francis Jul 2021

Health Information Beyond Pandemic Emergencies: Privacy For Social Justice, Leslie Francis

Utah Law Faculty Scholarship

Moving beyond notice and choice is necessary if data are to be used responsibly for public health. But what directions might this movement take? Transparency and enactment of statutory limits on data uses are the two most prominent possibilities.

Transparency could require entities collecting, possessing and using information drawn from more than a specified number of individuals to make public disclosures of their information collection, possession, and use. There are models for developing such transparency requirements. The California CPPA could provide a model for delineating the size of entities required to make such disclosures. The requirements to disclose the results …


Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baughman, Christopher Robertson Jul 2021

Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baughman, Christopher Robertson

Utah Law Faculty Scholarship

In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …


1. Mission, History, General Organization And Governance Of Saint Mary’S College, Saint Mary's College Of California Jul 2021

1. Mission, History, General Organization And Governance Of Saint Mary’S College, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


Index, Saint Mary's College Of California Jul 2021

Index, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


Complete Handbook, Saint Mary's College Of California Jul 2021

Complete Handbook, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


4. Administrative Policies, Services And Facilities, Saint Mary's College Of California Jul 2021

4. Administrative Policies, Services And Facilities, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


3. Academic Policies And Services, Saint Mary's College Of California Jul 2021

3. Academic Policies And Services, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


Refunding The Community: What Defunding Mpd Means And Why It Is Urgent And Realistic, Jli Vol. 39 Editorial Board Jul 2021

Refunding The Community: What Defunding Mpd Means And Why It Is Urgent And Realistic, Jli Vol. 39 Editorial Board

Minnesota Journal of Law & Inequality

No abstract provided.


Separation, Supremacy, And The Unconstitutional Rational Basis Test, Joseph S. Diedrich Jul 2021

Separation, Supremacy, And The Unconstitutional Rational Basis Test, Joseph S. Diedrich

Villanova Law Review (1956 - )

No abstract provided.


The Unfranchised Competitor Doctrine, John Greil Jul 2021

The Unfranchised Competitor Doctrine, John Greil

Villanova Law Review (1956 - )

No abstract provided.


The Lived Educational Experiences In Juvenile Facilities: Perspectives Of Former Juvenile Offenders, Deneil D. Christian Jul 2021

The Lived Educational Experiences In Juvenile Facilities: Perspectives Of Former Juvenile Offenders, Deneil D. Christian

Doctoral Dissertations and Projects

The purpose of this study was to explore the experience of earning a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania. Bandura’s social cognitive theory (SCT) and self-efficacy theory provided the theoretical framework for the study. The two research questions were: 1) How do former youth offenders describe their lived experiences of obtaining a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania? 2) How do former youth offenders describe their self-efficacy in completing their high school diploma or equivalent while they were in a juvenile correctional facility in Pennsylvania? This qualitative study …


Comorbid Antisocial Personality Disorder And Substance Use Disorder Treatment Efficacy, David V. Smith Jul 2021

Comorbid Antisocial Personality Disorder And Substance Use Disorder Treatment Efficacy, David V. Smith

Doctoral Dissertations and Projects

Antisocial personality disorder is characterized by failure to conform to social norms, deceitfulness, impulsivity, irritability, and aggression. Individuals diagnosed with antisocial personality disorder demonstrate a constellation of problematic and dangerous behavioral traits including, a reckless disregard for the safety of self and others, thrill seeking, and a lack of remorse and guilt. Comorbid antisocial personality disorder and substance use disorder is highly prevalent and a significant source of financial and emotional burden due to the strong correlation between severe and violent crimes. The purpose of this qualitative single subject design study is to describe treatment efficacy for comorbid antisocial personality …


Community Corrections Officer Decision-Making: An Intersectional Analysis, Amber Leigh Williams Wilson Jul 2021

Community Corrections Officer Decision-Making: An Intersectional Analysis, Amber Leigh Williams Wilson

Theses and Dissertations

Although corrections populations have been gradually declining for several years, an estimated 4.1 million adults are currently supervised in the community (Maruschak & Minton, 2020). While some states have depended on the use of community corrections as a means to reduce overcrowded correctional facilities, other states’ approaches have resulted in probation and parole policies that only contribute to the incarcerated population, primarily through probation and parole revocations. In response to these trends, researchers have begun to focus on supervision outcomes, finding evidence to suggest that individual probation and parole officers may have an impact on offender outcomes. While some of …


Searching For Accountability Under Fisa: Internal Separation Of Powers And Surveillance Law, Peter Margulies Jul 2021

Searching For Accountability Under Fisa: Internal Separation Of Powers And Surveillance Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Victims, Right?, Anna Roberts Jul 2021

Victims, Right?, Anna Roberts

Cardozo Law Review

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …


Towards Intelligent Structural Health Monitoring Of Infrastructure Systems: An Interdisciplinary Study Of Acoustic Emission Monitoring, Numerical Simulation, And Artificial Intelligence, Li Ai Jul 2021

Towards Intelligent Structural Health Monitoring Of Infrastructure Systems: An Interdisciplinary Study Of Acoustic Emission Monitoring, Numerical Simulation, And Artificial Intelligence, Li Ai

Theses and Dissertations

Some complex infrastructure systems, such as nuclear facilities and bridges, are subject to structural damage due to environmental erosion, material deterioration, and other factors after long periods of use. Stress corrosion cracking (SCC) and alkali-silica reaction (ASR) have been identified as the primary degradation mechanisms for steel and concrete structures in nuclear facilities and bridges. Ensuring the integrity and operational safety of structures during their lifetime is an important task. Nondestructive methods and structural health monitoring can be used to detect damage caused by SCC and ASR instead of conventional visual inspection. Among the nondestructive methods, acoustic emission (AE) is …


Inoculating The Public Against Misinformation: Testing The Effectiveness Of “Pre-Bunking” Techniques In The Context Of Mental Illness And Violence, Nanlan Zhang Jul 2021

Inoculating The Public Against Misinformation: Testing The Effectiveness Of “Pre-Bunking” Techniques In The Context Of Mental Illness And Violence, Nanlan Zhang

Theses and Dissertations

The publics might be misinformed about mental illness due to frequently mentioned violence and inaccurate notions in news coverage that underlie people who have a history of mental illness are prone to be dangerous or violent. Drawing from the theories of inoculation and the psychological reactance, the author seeks to investigate the effects of using preemptive corrective message techniques (labeling, appeal to consensus, and provision of an alternative explanation) as on the method of promoting resistance to misinformation linking mental illness and violence, which is a harmful and unsubstantiated stereotype. To accomplish this research aim, the author conducted two experiments …


The Paradox Of Criminal History, Eric S. Fish Jul 2021

The Paradox Of Criminal History, Eric S. Fish

Cardozo Law Review

Criminal history is all-important in the criminal and immigration systems. But these systems have little substantive information about past crimes. This creates a paradox. A person’s past convictions dictate whether they will face new criminal charges, make bond, suffer a lengthy sentence, or be targeted for deportation, among many other consequences. Yet, despite the vital role that criminal history plays in these decisions, judges and prosecutors know very little about the prior crimes of the people they process. Factually rich accounts of a person’s convictions are rarely available. The system instead relies on rap sheets that record only basic facts—the …


Certifying Second Chances, Cara Suvall Jul 2021

Certifying Second Chances, Cara Suvall

Cardozo Law Review

Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences—invisible punishments that inhibit opportunity in all facets of a person’s life. Over the past seven years, states have repeatedly tried to legislate new paths for people trying to move on with their lives. State legislators passed more than 150 laws targeting collateral consequences in 2019 alone.

But what happens when these paths to second chances are littered with learning, compliance, and psychological costs? The people who most need these new opportunities may find that they are out …


Community Development, Health, And Wellness: The City Of Bloomington Township’S Wellness Lifestyle Series, Jack White Jul 2021

Community Development, Health, And Wellness: The City Of Bloomington Township’S Wellness Lifestyle Series, Jack White

Student Research – Stevenson Center

The City of Bloomington Township, as part of its workfare program, offers to its recipients and the public the Wellness Lifestyle Series. It is a series of classes focused on health and wellness from a holistic perspective. The Series is a direct response to the 2019 McLean County Community Health Needs Assessment that identified Access to Care, Behavioral Health (Mental Health and Substance Abuse), and Healthy Eating/Active Living (Exercise, Nutrition, Obesity, and Food Access/Insecurity) as priority needs for the community. The Wellness Lifestyle Series is a creative solution for how community development can address the health and wellness of individuals …


Resilience-Driven Post-Disruption Restoration Of Interdependent Critical Infrastructure Systems Under Uncertainty: Modeling, Risk-Averse Optimization, And Solution Approaches, Basem A. Alkhaleel Jul 2021

Resilience-Driven Post-Disruption Restoration Of Interdependent Critical Infrastructure Systems Under Uncertainty: Modeling, Risk-Averse Optimization, And Solution Approaches, Basem A. Alkhaleel

Graduate Theses and Dissertations

Critical infrastructure networks (CINs) are the backbone of modern societies, which depend on their continuous and proper functioning. Such infrastructure networks are subjected to different types of inevitable disruptive events which could affect their performance unpredictably and have direct socioeconomic consequences. Therefore, planning for disruptions to CINs has recently shifted from emphasizing pre-disruption phases of prevention and protection to post-disruption studies investigating the ability of critical infrastructures (CIs) to withstand disruptions and recover timely from them. However, post-disruption restoration planning often faces uncertainties associated with the required repair tasks and the accessibility of the underlying transportation network. Such challenges are …