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SMU Annual Texas Survey

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Power And Procedure In Texas Bail-Setting, Amanda Woog, Nathan Fennell

SMU Law Review

As advocates’, lawyers’, and legislators’ bail reform efforts intensify in Texas and throughout the country, we consider the limits of pretrial procedural protections when judges do not follow the law, access to courts is limited, and people do not have quality assistance of counsel. Given this reality in most bail-setting courts in Texas, formal procedural requirements, like mandating that bail-setting magistrates consider certain factors when making initial bail decisions, do not achieve their promise. More than a procedural or legal problem to be addressed, we consider the nation’s addiction to pretrial detention as one that was created by—and must be …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

“Victims’ Rights” And Diversion: Furthering The Interests Of Crime Survivors And The Community, Miriam Krinsky, Liz Komar

SMU Law Review

Against the backdrop of the prosecutorial reform movement, this Article explores the origins of the tensions between victims’ rights and criminal justice reform efforts and argues that while victims’ rights may be in tension with diversion in some individual cases, the broader needs and interests of crime survivors do not conflict with decarceral diversion and deflection strategies. The Article describes the growing movement toward diversion among reform prosecutors and briefly recounts the history of the victims’ rights movement and “tough-on-crime” politics. The Article then discusses the demographics of crime survivors, who are disproportionately from the communities most harmed by “tough …

Professor Roy Ryden Anderson, Jennifer M. Collins

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

The Constitutional Basis For Inmate Gender Confirmation Surgery, Bryce Couch

SMU Law Review

Transgender refers to “people whose gender identity, gender expression, or behavior does not conform to what is socioculturally accepted as, and typically associated with, the legal and medical sex to which they were assigned at birth.” Despite representing a small percentage of the U.S. population (0.58%), the transgender community is disproportionately represented in the prison system. Studies suggest that one-in-six transgender people (16%) have been incarcerated in their lifetime, compared to 2.8%–6.6% of the general U.S. population. In total, transgender individuals comprise 0.24% of the U.S. prison and jail population.

Unfortunately, research indicates that the prison system is “ill-prepared to …

Anth 110: Introduction To Anthropology: A Peer Review Of Teaching Benchmark Memo, Taylor A. Livingston

UNL Faculty Course Portfolios

This portfolio examines the extent to which the learning outcomes for Introduction to Anthropology (ANTH 110) were met through course assessments. The primary goal of this course is for students to engage with anthropological content, by introducing students to an anthropological perspective, which requires looking at issues from multiple contexts (holism), and having students add this to their “tool kit” to help them make sense of what they believe, why they believe it, and how to make sense of the world around them and their place in it. The alignment of outcomes and assessment was analyzed through an examination of …

Search And Seizure Law Understanding By High School Principals And The Role Of The School Resource Officer: A Qualitative Study Of Three North Carolina School Districts, Jordan Widelock

Doctor of Education Dissertations

This study utilized a multi-case study design in the examination of the understanding principals have about Fourth Amendment issues that arise with the use of a school resource officer (SRO). In addition, the study also looked at how prepared principals are to handle such issues. The interviews were conducted on six principals from three school districts, both large and small and rural and metropolitan within the state of North Carolina. The interview protocol consisted of 19 questions, with eight being scenario-based pulled directly for caselaw. The following were the major findings: (a) universities are preparing their students on Fourth Amendment …

Louisiana Survey 2021, Lsu Reilly Center For Media & Public Affairs

Reilly Center Louisiana Surveys

The 2021 Louisiana Survey is the nineteenth in an annual series sponsored by the Reilly Center for Media & Public Affairs at Louisiana State University’s Manship School of Mass Communication.

The mission of the Louisiana Survey is to establish benchmarks as well as to capture change in residents’ assessments of state government services. The survey is further dedicated to tracking public opinion on the contemporary policy issues that face the state. Each iteration of the Louisiana Survey contains core items designed to serve as barometers of public sentiment, including assessments of whether the state is heading in the right direction …

The Lived Experiences Of Avoiding Recidivism Among African American Male (First-Time) Former Offenders, Jeff Hines

Walden Dissertations and Doctoral Studies

AbstractThe United States has a high recidivism rate within its criminal population, especially among men of African American descent. However, within this population, some first-time former offenders have used successful approaches to avoid re-incarceration. The objective of this study was to investigate how these first-time former offenders desist from crime and avoid recidivism. This was a phenomenological study, utilizing the Desistance Theory as a framework, to explore how these men survived the consequences of post-incarceration and remained crime-free. In-depth, semi-structured, open-ended interviews were conducted with six African American male first-time former offenders (age 25 and older) who were not on …

A Lexical Approach To Collective Personality Using Nongroup Members As Raters, Robert Cameron Black

Walden Dissertations and Doctoral Studies

The construct of personality exhibits utility in predicting group outcomes. However, quantifying a group personality construct has almost exclusively been accomplished by aggregating individual group member five-factor personality scores to derive the group personality score. This type of operationalizing rests on the assumption that collective personality exists and has a five-factor structure, makes results context specific, and limits cross-comparison of different types of groups. The purpose of this quantitative study was to apply a lexical approach and exploratory factor analysis to explore personality structure of a group at a group level. The research question focused on identifying if a construct …

Socioeconomic Status And Sentencing In Murder Cases In Manhattan, New York, Rafael Varela-Manso

Walden Dissertations and Doctoral Studies

Within the U.S. criminal justice system, defendants’ socioeconomic status (SES; not indigent being middle/high class [ $50,000] and indigent being lower class/poor [ $49,999]) may be used as a factor affecting sentencing outcome for first- or second-degree murder cases. This study examined the severity of sentencing outcomes for middle/high SES individuals versus low SES individuals being prosecuted for first- or second-degree murder in the borough of Manhattan in New York City, New York. The study focused on determining if low SES individuals were sentenced differently for first- or second-degree murder crimes than individuals of middle/high SES. This study’s theoretical framework, …

Workplace Experiences Of Migrant Workers In Colorado, Lynann Holly Butler

Walden Dissertations and Doctoral Studies

AbstractMigrant workers often endure a variety of abuses in the workplace, including financial exploitation, exposure to toxins, isolation, and lack of access to health care. Although researchers have demonstrated that these circumstances exist for migrant workers in other parts of the world, there was a dearth of research on the lived experiences of migrant workers in Colorado. The purpose of this hermeneutic phenomenological study was to better understand the lived experiences of migrant workers in Colorado, who are a growing and impactful population in Colorado. The theoretical framework was Rawl’s social justice theory, which purports that no one group of …

Transportation Policy And The Underdevelopment Of Black Communities, Deborah N. Archer

Faculty Articles

Historian Manning Marable posited that “[t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people.” According to this theory, Black people “have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop Black people.” To effect this underdevelopment, racism is embedded into the core of power, the economy, culture, and society. The result is that Black people have been intentionally sacrificed to feed America’s growth and expansion. Our transportation system has always been a driver of racial inequality. Using Marable’s theory of …

Antiracism In Action, Daniel S. Harawa, Brandon Hasbrouck

Faculty Articles

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 …

Disaggregating The Police Function, Barry Friedman

Faculty Articles

Policing imposes serious and extensive harms, from shootings and nonlethal uses of force, to stops, searches, arrests, and incarceration. And many of these harms involve pervasive racial disparities. Scholars and advocates tend to see these harms as collateral to policing and seek to address them with “harm-regulating” tools such as civil rights suits, prosecution of police officers, elimination of qualified immunity, more Department of Justice investigations, civilian review boards, and the like. Harm-regulation techniques are unlikely to be successful, however, as we see all too well in practice. Harm is not collateral to policing, it is innate to it. We …

Sacrificing Secrecy, Daniel S. Harawa

Faculty Articles

Juries have deliberated in secret since medieval times. The historical reason for the secrecy is that it promotes impartiality, which in turn protects a defendant’s right to a fair trial. But as it turns out, jurors are not always impartial. Lurid examples exist of jurors condemning defendants based on the defendant’s race, sexuality, ethnicity, and religion. Generally speaking, courts cannot hear evidence of what transpired during deliberations. In 2017, however, the U.S. Supreme Court created an exception to this rule, holding that the Sixth Amendment requires courts to hear evidence of jurors making racially biased statements. But this exception means …

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 …

The Incoherence Of Prison Law, Justin Driver, Emma Kaufman

Faculty Articles

In recent years, legal scholars have advanced powerful critiques of mass incarceration. Academics have indicted America’s prison system for entrenching racism and exacerbating economic inequality. Scholars have said much less about the law that governs penal institutions. Yet prisons are filled with law, and prison doctrine is in a state of disarray. This Article centers prison law in debates about the failures of American criminal justice. Bringing together disparate lines of doctrine, prison memoirs, and historical sources, we trace prison law’s emergence as a discrete field — a subspeciality of constitutional law and a neglected part of the discipline called …

Tort Law And Civil Recourse, Mark A. Geistfeld

Faculty Articles

Book review of Recognizing Wrongs, by John C. P. Goldberg and Benjamin C. Zipursky, Harvard University Press, 2020.

Covid-19’S Impact On Human Trafficking: The Invisible Industry In New Hampshire, Brittany Dunkle

Honors Theses and Capstones

Human trafficking is a modern-day form of slavery that operates on the premise of exploitation, such as forced prostitution and labor, and organ trafficking. This is a global industry resulting in billions. Despite the current global pandemic, COVID-19, putting a halt to many livelihoods around the world, human trafficking will persist, but in conditions that are potentially more harmful for the victims. Victims of trafficking are in an increasingly vulnerable position, and it is important to establish possible mechanisms to protect as many victims and potential victims as possible. Typical risk factors (i.e., poverty, state’s interest vs. individual interest, unemployment) …

Tsai Today (2021), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Confrontation In The Age Of Plea Bargaining [Comments], William Ortman

Law Faculty Research Publications

No abstract provided.

Is Transcranial Magnetic Stimulation (Tms) An Effective Therapy In Reducing Depressive Symptoms In Adults With Bipolar Depression?, Emily M. Boylan

PCOM Physician Assistant Studies Student Scholarship

OBJECTIVE: The objective of this selective EBM review is to determine whether or not transcranial magnetic stimulation (TMS) is an effective therapy in reducing depressive symptoms in adults with bipolar depression.

STUDY DESIGN: Systematic review of three randomized controlled trials (RCTs) that were published in the English language between 2016 and 2019.

DATA SOURCES: Data sources included articles found using PubMed as the search engine and were selected based on their relevance to the research question as well as patient measured outcomes.

OUTCOMES MEASURED: Outcomes measured include changes in depression symptoms measured using the 17-item Hamilton Depression Rating Scale (HDRS-17) …

Suffolk University Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2021-2022, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for both the undergraduate and graduate programs in the College of Arts and Sciences and the Sawyer Business School.

Graduate Catalog And Student Handbook 2021-2022, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice Graduate Course Catalogs

No abstract provided.

Health Insurance Coverage, Sociodemographic Factors, And Treatment Completion For Opioid Abusers In Indiana, Ibrahim Samna

Walden Dissertations and Doctoral Studies

Many accidental deaths have recently occurred in Indiana due to opioid overdose. The current study sought to assess the association between sociodemographic factors, health insurance, and successful treatment completion for opioids abusers in Indiana based on the existing literature gap. In this study, the dependent variables considered were treatment completion status and opioid abuse. The independent variables included health insurance coverage and sociodemographic factors of education, marital status, employment status, race, gender, and age. I measured both dependent and independent variables as categorical. A cross-sectional and quantitative research approach was used by analyzing data from the 2017-Treatment Episode Data Set …

The Impact Of Midwifery On Infant And Maternal Outcomes Among Black Mothers, Joann Honoré

Walden Dissertations and Doctoral Studies

According to recent studies, disparities are prevalent in maternal and fetal outcomes between Black and White mothers in the United States. Researchers have established that using a midwife versus other healthcare practitioners can elicit positive maternal and fetal outcomes for Black mothers. However, no within-race research has been conducted exploring midwifery as an insulating factor against these disparities. The purpose of this quantitative retrospective cohort study was to explore the impact of midwifery on infant and maternal outcomes compared to outcomes associated with other prenatal care models/caregivers among Black mothers in California using secondary data. The ecological model was used …