Digital Commons Network^™

Jailhouse Immigration Screening, Eisha Jain

Faculty Publications

Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has had precisely the opposite effect: it has massively expanded the reach of immigration enforcement and created extended carceral treatment within the criminal justice system based on suspected immigration status. This approach, in turn, leads to removals that lack adequate process, are inaccurate, or that reflect underlying racial biases …

Politics, Power, And Purpose: An Orientation To Political Science, Jay Steinmetz

All Open Educational Resources

This textbook provides an overview of the political science discipline and is suitable for introductory courses at the undergraduate level. In Part I, the book covers important themes for political science undergraduate majors, such as defining politics, ideologies, institutions of governance, concepts in democracy, and public law. Part II provides an overview of the major subdisciplines in political science: political theory, international relations, comparative politics, American politics, public policy and public administration, and methods. This textbook serves as an excellent resource in courses such as Introduction to Political Science or Orientation to Political Science

Énouement, Miko Yoshida

Mighty Pen Project Anthology & Archive

The first thing you did when you woke up was touch your weapon.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Fulton V. City Of Philadelphia And Its Implications For First Amendment Jurisprudence And Lgbtq Civil Rights, Jonathan E. Kohut

Student Works

No abstract provided.

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Honorable Douglas S. Lang

SMU Annual Texas Survey

This article is a survey of the relevant developments in Texas’s mandamus jurisprudence from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

"Defund The (School) Police"?: Bringing Data To Key School-To-Prison Pipeline Claims, Michael Heise, Jason P. Nance

UF Law Faculty Publications

Nationwide calls to “Defund the Police,” largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider “defunding” (or modifying) school resource officer (“SRO/police”) programs. To be sure, a school’s SRO/police presence—and the size of that presence—may influence the school’s student discipline reporting policies and practices. How schools report student discipline and whether it involves referrals to law enforcement agencies matter, particularly as they may fuel a growing “school-to-prison pipeline.” The school-to-prison pipeline research literature features two general claims that frame debates about changes in how public schools approach student discipline and …

To Report Or Not To Report: Data On School Law Enforcement, Student Discipline, Race, And The 'School-To-Prison Pipeline', Michael Heise, Jason P. Nance

UF Law Faculty Publications

The “school-to-prison pipeline” wreaks havoc on the lives of thousands of students each year, particularly with respect to students of color. While the effects of the COVID-19 pandemic on the school-to-prison pipeline remain unclear, the eventual return to full in-person teaching nationwide undoubtedly will renew this long-festering problem. The presence of law enforcement officers in schools is a key component of the school-to-prison pipeline and has generated considerable recent national attention, especially after George Floyd’s tragic death in the spring of 2020. Indeed, several robust empirical studies document that the increased presence of school resource (and/or police) officers in a …

Black Lives Matter In Criminology? Let's Prove It, Katheryn Russell-Brown

UF Law Faculty Publications

This essay examines the the academic journey—graduate school to full professor—of an African American professor of criminology and criminal justice. The essay discusses the how criminology and criminologists address race issues and offers a wish list of strategies designed to address problematic practices and racial pitfalls within criminology programs.

On The Broadness Of The Fourth Amendment, Janine Kim

SMU Law Review

This Article considers the role of property rights in defining Fourth Amendment searches. Since United States v. Jones in 2012, the Supreme Court has relied on both privacy and property to determine whether a Fourth Amendment search has occurred. But recently, many of the Justices have expressed increasing skepticism about not only the effectiveness but also the appropriateness of safeguarding privacy. The 2018 case of Carpenter v. United States, which ruled that an individual’s cell site location information is protected under the Fourth Amendment, saw all four dissenters urging a larger role for property rights in the analysis of a …

Roy Ryden Anderson: A Tribute To An Smu Legend, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

The Racial Architecture Of Criminal Justice, Bennett Capers

SMU Law Review

One of the pleasures of contributing to symposia—especially symposia where each contribution is brief—is the ability to engage in new explorations, test new ideas, and offer new provocations. I do that now in this essay about race, architecture, and criminal justice. I begin by discussing how race is imbricated in the architecture of courthouses, the quintessential place of supposed justice. I then take race and architecture a step further. If we think of architecture expansively—Lawrence Lessig’s definition of architecture as “the physical world as we find it” comes to mind—then it becomes clear that race is also imbricated in the …

Beyond Transparency: Police Union Collective Bargaining And Participatory Democracy, Walter Katz

SMU Law Review

Police unions rose in power partially in response to the civil unrest in urban neighborhoods in the 1960s. As unions gained political power, critics argue that they have frequently stood as obstacles to accountability-related reforms. One vehicle of the exercise of such power is through

collective bargaining agreements negotiated between unions and public bodies representing cities and counties. Contracts that civilian policymakers negotiate with police unions shield officers from accountability for misconduct and excessive force. Through a lack of political will, expediency, and a lack of public transparency during negotiations, civilian leaders agree to contracts that, for example, erect obstacles …

Reforming State Bail Reform, Shima Baughman, Lauren Boone, Nathan Jackson

SMU Law Review

We are waist-deep in the third wave of bail reform. Scholars, policy makers, and the public have realized that the short period of detention before trial creates ripple effects on a defendant’s judicial fate and has lasting impacts on our system of mass incarceration. Over 200 proposed bail bills are pending throughout the states. This is not the first period of bail reform in America—two previous waves of bail reform in the 1960s and 1980s have both ended in increased pretrial detention for defendants. Some of the recent efforts in the third wave of bail reform have also increased detention …

Test-Retest Reliabilities Of Four Tactic-First Sexual Violence History Questionnaires, Raeann E. Anderson, Monica A. Garcia, Douglas L. Delahanty

Psychology Faculty Publications

Objective: The present study documented, compared, and contrasted the test-retest reliabilities of the victimization and perpetration forms of a Tactic-first Sexual Experiences Survey (T-SESs) and the PostRefusal Sexual Persistence Scale (PRSPSs).

Methods: 243 Mechanical Turk workers (116 women, 124 men) completed four questionnaires in a randomized order via an anonymous web survey at Time 1 and approximately one week later at Time 2.

Results: There were consistent gender differences in test-retest estimates. When assessing a history of victimization in women, both the T-SES and the PRSPS demonstrated evidence of minimal to good reliability (κ > .61, ICC = …

Victims’ Rights In The Diversion Landscape, Kay L. Levine

SMU Law Review

In this Article, I explore the practical and theoretical conflicts that might surface when the diversion movement and the Victims’ Rights Movement intersect. I focus on two possible sites of tension: victim input into the diversion offer and the victim’s right to receive restitution as a term of diversion. Protocols to give victims greater voice in the justice process have been a mainstay of the burgeoning Victims’ Rights Movement for the past several decades, but I argue that those protocols must be understood within (and thus limited by) the contexts of fiscal responsibility, compassion for the offender, and proportionality in …

Let’S Move Criminal Justice Reforms Upstream: A Perspective From The Bench, Bridget Mccormack

SMU Law Review

“[S]ometimes it feels like this. There I am standing by the shore of a swiftly flowing river and I hear the cry of a drowning man. So I jump into the river, put my arms around him, pull him to shore and apply artificial respiration. Just when he begins to breathe, there is another cry for help. So I jump into the river, reach him, pull him to shore, apply artificial respiration, and then just as he begins to breathe, another cry for help. So back in the river again, reaching, pulling, applying, breathing and then another yell. Again and …

Modern Black Codes: Presidential Crime Control Rhetoric And Black Criminalization, Earnest Ujaama

Walden Dissertations and Doctoral Studies

The rate of Black imprisonment in the United States is nearly 6 times that of Whites. Wholesale criminalization of Black Americans denote institutional racism within America’s criminal justice system. Limited research is available examining crime control rhetoric of U.S. presidents to determine if Blacks are constructed as criminals through carefully coded crime control discourse. The purpose of this qualitative, case study was to investigate whether presidents used language that construct Black criminality. A social construction theoretical framework and critical discourse analysis was applied. The data used for this study included scripted speeches. The collection of data began with 54 speeches …

Probation Officer’S Experiences Regarding Juvenile Delinquency And Alternatives To Detention Centers, Bailey Rodriguez

Walden Dissertations and Doctoral Studies

With a shift in focus from punitive measures to rehabilitation within the juvenile justice system, it is imperative that the efficacy of alternative resources is more closely examined. Given the existing research that highlights adolescent development and the negative or neutral impacts detention centers impose on juveniles, the conversation has now shifted to the use of alternative resources or alternatives to detention. The question now, however, is whether or not these alternatives are sufficient enough to ensure the safety of the community, victims, and the well-beings of the juveniles, when a violent crime has been committed. This study, which was …

The Doctrinal Basis Of Islamic Utterances Associated With Domestic Assaults, William Andrew Arthur Gawthrop

Walden Dissertations and Doctoral Studies

AbstractBetween March 1977, and February 2020, there have been 78 instances of ideologically motivated murders and attempted murders in the United States. These instances were characterized as individual-based attacks against other individuals and treated as local crime. However, in each instance, there were indications of Islamic religious overtones characterized by Islamic religious utterances made by the attackers. The overall problem addressed in this study was the lack of research on the utterances associated with religiously based autonomous self-actualization resulting in homicides and assaults: jihad applied as street crime. The key research questions are: What are the utterances associated with Islamic-based …

African American Fathers’ Experiences Of Alienation From Their Children Due To Texas Family Code, Fatima Tremale Thomas-Moody

Walden Dissertations and Doctoral Studies

Throughout the years, Texas Family Code: Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship has the coined termed best interest of the child. In fact, it has created an unintentional indoctrination to parental alienation therefore, leaving little to no access for courts to rectify and resolve the parent-child relationship. Arguably, researchers have suggested that the legal system engages in gender ideologies that contributes to parental alienation. The purpose of this study was to examine the lived experiences of African American noncustodial fathers’ interaction and how Texas family code possession order impacts the father-child relationship. Social construction …

Perceptions Of Help-Seeking Experiences Among Female Veteran Survivors Of Military Sexual Assault, Hiza Jackson-Price

Walden Dissertations and Doctoral Studies

AbstractThe numerous obstacles that female military sexual assault (MSA) survivors face after discharge from military service are well documented in research. However, there is a need for qualitative studies regarding perceptions of female veterans’ help-seeking experiences in disclosing MSA to understand how to encourage them to seek help and provide it for them when they do seek help. Based on this scarcity of knowledge, this study aimed to provide a voice to this population as well as provide results that can be used to aid this population. A social constructionist perspective, which postulates that knowledge and experience are constructed by …

Hiv/Aids And Substance Use Among Older Adults, Jamerlia E. Wyatt

Walden Dissertations and Doctoral Studies

HIV/AIDS and substance abuse among older adults is a significant national and worldwide problem. As older HIV-positive adults continue to age, they will have problems with managing their HIV/AIDS, comorbidity disorders, and quality of life, which can lead to substance abuse. The purpose of this descriptive, phenomenological study was to explore the socio-risk behaviors, specific treatment preferences, and daily lived experiences of adults aged 50 years and older living with HIV/AIDS and substance use in a large northeastern urban city. The conceptual framework used to ground this qualitative study was Engel's biopsychosocial model. The purposeful sampling method was used to …

Law Enforcement Officers’ Perceptions In Combating Cybercrime At The Local Level, Coleman Mckoy

Walden Dissertations and Doctoral Studies

Cybercrime has become one of the fastest-growing concerns for law enforcement agencies at the federal, state, and municipal levels. This qualitative case study examined the perceptions of nine law enforcement officers’ from Texas regarding combating cybercrime at the local level. The conceptual framework was based on the structural contingency theory and Porter and Lawler’s theory of motivation. Data collection consisted of semistructured interviews, where member-checking helped to enhance the trustworthiness. In addition, data gathered from interview transcripts were inductively coded and used to organize data into categories to determine the themes in the study. Most of the participants in this …

African American Male Exonerees' Reintegrating Into The Spousal/Intimate Partner Role In The Family System, Loretta A. Jackson

Walden Dissertations and Doctoral Studies

Wrongfully convicted individuals are abruptly taken from their traditional roles and positioned in new roles prematurely. Without adequate preparation, exonerees struggle to reintegrate back into roles they once strived in. This study aimed to understand the experiences of African American male exonerees' reintegrating into the spouse/intimate partner role in the family. Schlossberg's transition theory served as the theoretical foundation to examine how exonerees might navigate these stages to promote successful reintegration in society and intimate relationships. The research questions sought to understand how African American male exonerees perceive their transition from an inmate role into an intimate role while trying …

Design Justice In Municipal Criminal Regulation, Amber Baylor

New Mexico Law Review

This article explores design justice as a framework for deeper inclusion in municipal criminal court reform. Section I provides a brief summary of a typical litigant’s path through modern municipal courts. Then, section I explores the historic role of municipal courts, the insider/outsider dichotomy of municipal criminal regulation, and the limitations of past reform efforts. Section II shifts into an overview of participatory design and discusses the new emergence of design justice. Within the discussion of design justice, the article focuses on three precepts of design justice: excavating the history and impact of the courts, creating tools for participation, and …

Race & Policing In America Symposium Transcript

St. Thomas Law Review

The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law.

The Nil Game Plan: How The Florida Legislature Can Become Student-Athletes' "Ambassador Of Quan", Alexa Rae Martinez

St. Thomas Law Review

The movie Jerry Maguire follows a successful sports agent who questions the morals of his work, which leads to him being stripped of his contribution at his firm and being left with one client. Throughout the movie, Maguire struggles to build his clientele while pursuing the best interests of his only client, Rod Tidwell. Somewhere along the way, Tidwell uses the word “Quan” and leaves Maguire perplexed; “Quan? That’s your word?” Tidwell replies: “Yeah, that’s my word. You know some dudes might have the coin. But they’ll never have the Quan.” “Wha…what is that?” Maguire asks, still clearly confused. Tidwell …

Public Health Policing And The Case Against Vaccine Mandates, Dr. Tryon Woods

St. Thomas Law Review

There can be no simple reading of a text, be it literary, philosophical or scientific, nor of the social text in the most general sense. Rather, the question must turn upon itself, no less than its putative object, as a matter of interpretation and, more important, as a matter of the forces at work in the interpretative activity under way. There is always the ascription of voice to what is otherwise silent, the attribution of a face or the placement of a mask. Le germe n’est rien, c’est le terrain qui est tout. The microbe is nothing, the soil is …

An Opportunity To Study The Impact Of Legal Structures On Public Health: A Review Of Michigan State Juvenile Law On Status Offenders, Lakai Legg

Public Health Theses

Background/Introduction: There is a scarcity of studies in public health that investigate and address structural and political level factors, such as juvenile justice-related legislation and their implementation, and how they contribute to poor health outcomes and health inequities (i.e. by race/ethnicity and gender) in children and adolescents. By reviewing and analyzing the social and political context of juvenile justice and status offenses in the U.S. and Michigan and Michigan state legislation on status offenses, this narrative review aims to identify characteristics of status offense law that may contribute to the inequitable institutionalization of youth and perpetuate public health harms and …