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2021

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Driven To Despair: Confronting Racial Inequity In North Carolina's License Suspension Practices, Jennifer M. Lechner, B. Leigh Wicclair Jan 2021

Driven To Despair: Confronting Racial Inequity In North Carolina's License Suspension Practices, Jennifer M. Lechner, B. Leigh Wicclair

Campbell Law Review

Hundreds of thousands of North Carolina drivers have a suspended license for unpaid traffic court fines and fees. The practice of suspending drivers’ licenses for unpaid fines and fees is inequitable and counterproductive. This practice disenfranchises rural drivers and those facing poverty and creates a significant obstacle to employment. Furthermore, African-American drivers are four times as likely as non-Hispanic, white drivers to have a suspended license for unpaid fines and fees. Drawing upon lessons learned from the Driver’s License Restoration Project, the Authors conclude that legislative action is needed to remedy this inequitable and inefficient system of collecting state revenue. …


Time To Reconcile, Marcus Gadson Jan 2021

Time To Reconcile, Marcus Gadson

Campbell Law Review

No abstract provided.


Walking The Tightrope: Reflections Of A Black Female Law Professor, Njeri Mathis Rutledge Jan 2021

Walking The Tightrope: Reflections Of A Black Female Law Professor, Njeri Mathis Rutledge

Campbell Law Review

No abstract provided.


In Defense Of Occupational Licensing: A Legal Practitioner's Perspective, Jeffrey P. Gray Jan 2021

In Defense Of Occupational Licensing: A Legal Practitioner's Perspective, Jeffrey P. Gray

Campbell Law Review

In recent years, occupational licensing boards have come under fire from critics across the nation. Much of the recent critique of occupational licensing boards has centered on the breadth of power these boards hold and the supposed lack of state supervision over them. And yet, occupational licensing boards in North Carolina are subject to significant state supervision. This Article seeks to rebut arguments of no state supervision over occupational licensing boards. This Article’s primary goal is to provide a cogent defense of occupational licensing boards in an effort to show their validity and legitimacy.


A Victim's Right To Confer Under The Crime Victim's Rights Act, Lauren K. Cook Jan 2021

A Victim's Right To Confer Under The Crime Victim's Rights Act, Lauren K. Cook

Campbell Law Review

The federal Crime Victims’ Rights Act (CVRA) grants a victim the right to confer with the United States attorney serving on his or her case. However, in practice, the attorney’s criminal charging decisions can impede the victim’s access to this right. This Comment analyzes a crime victim’s right to confer in light of the recent In re Wild case, in which a survivor of Jeffery Epstein’s alleged sex-trafficking crimes was effectively denied the right to confer with the government attorney on her case because criminal charges were never filed. This Comment advocates for an interpretation of the CVRA that allows …


With Great Power Comes Great Accountability: A New Method For Applying Qualified Immunity And Rebuilding Public Trust, Miller Moreau Jan 2021

With Great Power Comes Great Accountability: A New Method For Applying Qualified Immunity And Rebuilding Public Trust, Miller Moreau

Campbell Law Review

No abstract provided.


Media Viability In Uganda, Aga Khan University Jan 2021

Media Viability In Uganda, Aga Khan University

Graduate School of Media and Communications

Uganda has diverse legacy media with various newspapers and magazines, a growing broadcast media sector, which as of early 2020 was made up of 40 TV and 199 accredited radio stations. The country also has a fast-growing online media driven by rapid technological developments that have seen greater use of smartphones in the country. The News Media Organisations (NMOs) in Uganda have benefitted from liberalization and privatisation policies that the country adopted in the early 1990s, which freed the airwaves and made private investment in the country’s media less complicated.


Media Viability In Kenya, Aga Khan University Jan 2021

Media Viability In Kenya, Aga Khan University

Graduate School of Media and Communications

The media in Kenya mirrors the social, political and legal transformation that has taken place in the last half a century. Since independence, the media have been affected by the government’s oscillation between more authoritarian and more liberal regimes. Over the past two decades, however, the arc has been towards enhancements of freedom of expression, access to information, and economic growth that has supported the nation’s technological development and the viability of national and local news media. The media landscape is diverse and, with one news producing company for every 320,500 people, very competitive. Ownership of the nation’s news media …


Media Viability In Tanzania, Aga Khan University Jan 2021

Media Viability In Tanzania, Aga Khan University

Graduate School of Media and Communications

The media landscape in Tanzania is diverse and vibrant. This diversity as of March, 2020 included 183 radio stations, 43 TV stations, 229 newspapers and magazines in mainland Tanzania (Katunzi & Spurk, 2020) and 22 blogs and online news sites. In recent times, internet penetration has grown to 37.60 percent in the country (Internet World Stats, 2020), further diversifying information sources in the country.


Legal Literacy Of Educators: The Implications And Critical Next Steps In A Litigious Society, Tricia L. Rollerson Jan 2021

Legal Literacy Of Educators: The Implications And Critical Next Steps In A Litigious Society, Tricia L. Rollerson

Graduate Research Theses & Dissertations

This dissertation examines the concept of legal literacy in the field of education, specifically as it pertains to public school teachers and administrators and how adult learning theory could have a positive impact on the level of legal literacy. The dissertation is divided into three different parts, all of which support each other and all of which are critical when examining legal literacy within the field of education. Paper 1 encompasses a review of the literature that currently exists in the area of legal literacy. The first paper also examines the field of social work, where the level of legal …


The Plight Of Cyntoia Brown: Can Safe Harbor Laws Prevent The Prosecution Of Child Sex Trafficking Victims, Nickera Rodriguez Jan 2021

The Plight Of Cyntoia Brown: Can Safe Harbor Laws Prevent The Prosecution Of Child Sex Trafficking Victims, Nickera Rodriguez

University of Florida Journal of Law & Public Policy

No abstract provided.


Disrupting The School-To-Prison Pipeline: A Mixed-Methods Systematic Review Of Alternative Discipline Practices To Reduce Exclusion And Promote Equity, Cara Diclemente Jan 2021

Disrupting The School-To-Prison Pipeline: A Mixed-Methods Systematic Review Of Alternative Discipline Practices To Reduce Exclusion And Promote Equity, Cara Diclemente

Dissertations

Zero tolerance policies were designed to create safety by implementing automatic exclusion (e.g., suspensions, expulsions) for misbehavior in response to rising school violence in the United States. However, evidence over the past four decades shows that these policies fail to increase objective and subjective safety, and instead foster poor school climate and disproportionate rates of minority groups in the school-to-prison pipeline. Previous research and literature reviews suggest there are a host of developing Multi-Tiered System of Supports (MTSS) practices that have promising potential to reduce exclusionary outcomes and foster equitable treatment of vulnerable student populations, such as Positive Behavioral Intervention …


Ecological Systems In The Contexts Of Foster Care And Parental Incarceration, Lauren A. Hindt Jan 2021

Ecological Systems In The Contexts Of Foster Care And Parental Incarceration, Lauren A. Hindt

Dissertations

This bundled dissertation sought to advance research about children in the contexts of foster care and/or parental incarceration. The first study, “Developmental Differences in Children's Visits with Their Parents in Jail,” expanded upon previous research of young children's experiences visiting jail by including a sample of 3-17-year-olds. The study described children's visitation through quantitative (measured by the Jail-Prison Observation Checklist) and qualitative (themes gleaned from observations of children's visits with parents in jail) analyses with an ecological systems framework. The second longitudinal study, “Visits with Fathers Involved in the Criminal Justice System and Behavioral Outcomes among Children in Foster Care,” …


Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias Jan 2021

Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias

Emory International Law Review Recent Developments

Across the world, cultural property has come under heavy fire in the midst of war. The proliferation of attacks against cultural property in armed conflicts around the world has underlined the need for effective protections for such property. If the International Criminal Court finds a way to extend jurisdiction to offences in these territories, Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute will become the most important tools of prosecution. But the statute itself, while aiming at ending impunity, is bound by the pillars of criminal justice—lex praevia, lex certa, lex stricta, and lex scripta. This Article examines the Al …


School Police Officers' Roles: The Influence Of Social, Developmental And Historical Contexts, Negin Ghavami, Bryan E. Thornton, Sandra Graham Jan 2021

School Police Officers' Roles: The Influence Of Social, Developmental And Historical Contexts, Negin Ghavami, Bryan E. Thornton, Sandra Graham

Psychological Science Faculty Works

Amid national protests over police brutality, debates over law enforcement in schools have been reignited. Though research has focused on the consequences of police presence in schools, few studies have investigated the roles of school police officers (SPOs) and whether the larger contexts influence them. Using a bioecological framework (Bronfenbrenner and Morris, 2006), we examined how historical, social and developmental contexts shape SPOs' views of their roles and the challenges and opportunities they encounter. Nineteen 90-min focus groups with 45 SPOs from one large school police department were conducted. Analysis revealed that SPOs perceived their roles as multifaceted, encompassing both …


Whiteness, Discipline, And Educational Disadvantage: A Case For California Schools, Dow Drukker Jan 2021

Whiteness, Discipline, And Educational Disadvantage: A Case For California Schools, Dow Drukker

Master's Theses and Capstones

Over the last thirty years, the student population of schools in the United States have become increasingly more racially diverse, while teachers have remained predominantly white. During this same period, school disciplinary policies and practices have become increasingly punitive. Literature has shown that this shift disproportionately targets students of color. Behavior such as defiance and disruption are now offenses that warrant the suspension or expulsion of a student. These behaviors are subjective in nature. In using their discretion to identify defiance and disruption, teachers may administer discipline in a racially unequal manner. While prior research has documented the emergence of …


Truth As A Victim: The Challenge Of Anti-Trafficking Education In The Age Of Q, Bond Benton, Daniela Peterka-Benton Jan 2021

Truth As A Victim: The Challenge Of Anti-Trafficking Education In The Age Of Q, Bond Benton, Daniela Peterka-Benton

College of Communication and Media Scholarship and Creative Works

The QAnon conspiracy threatens anti-trafficking education because of its broad dissemination and focus on a range of myths about trafficking. These myths are rooted in historic and ongoing misinformation about abductions, exploitation, and community threats. This article examines the extent of QAnon’s co-optation of human trafficking discourses and evaluates its connection to trafficking myths, particularly related to gender, race, class, and agency. From this perspective, the article considers how anti-trafficking education can respond to these myths and build a pedagogy in the age of Q.


Traumatized Systems Theory: Accountability For Recurrent Systemic Harm, E. Christi Cunningham Jan 2021

Traumatized Systems Theory: Accountability For Recurrent Systemic Harm, E. Christi Cunningham

Case Western Reserve Law Review

No abstract provided.


Right-Sizing The Supreme Court: A History Of Congressional Changes, Michael C. Blumm, Kate Flanagan, Annamarie White Jan 2021

Right-Sizing The Supreme Court: A History Of Congressional Changes, Michael C. Blumm, Kate Flanagan, Annamarie White

Case Western Reserve Law Review

No abstract provided.


"Because It Is Wrong": An Essay On The Immorality And Illegality Of The Online Service Contracts Of Google And Facebook, Preston M. Torbert Jan 2021

"Because It Is Wrong": An Essay On The Immorality And Illegality Of The Online Service Contracts Of Google And Facebook, Preston M. Torbert

Journal of Law, Technology, & the Internet

This essay argues that the behavioral-advertising business model under which an internet platform, such as Google or Facebook, provides free services in exchange for the user’s personal data is immoral and illegal. It is immoral because it relies on addiction, surveillance, and manipulation of the user to deplete the user’s autonomy. The contract between the company and the user is immoral. It can also be plausibly argued that the contract is illegal under California law because it is contrary to good morals, is unconscionable, and is against public policy. As society becomes more aware of these moral and legal defects, …


Development Of An Overdose Fatality Review Team In Massachusetts: Occupational Therapy As A Key Player In Opioid Overdose Prevention Efforts, Shelby T. Spears Jan 2021

Development Of An Overdose Fatality Review Team In Massachusetts: Occupational Therapy As A Key Player In Opioid Overdose Prevention Efforts, Shelby T. Spears

OTD DEx Reports - College of Pharmacy and Health Sciences

"This Doctoral Experiential project aimed to encompass the importance of advocating for occupational therapy as a skilled service that can improve outcomes and meet the needs of every individual it serves. This project embodied how to better support those with substance use disorder and those in recovery and identify opportunities to improve system-level gaps to best fit the needs of this population. The purpose of this project was to put a spotlight on occupational therapy and intertwine its unique value in the development of an overdose fatality review team. Occupational therapists have a huge role to play as they are …


True Crime, Women, And Sensationalized Representations In The Italian American Imaginary, Francesca Borrione Jan 2021

True Crime, Women, And Sensationalized Representations In The Italian American Imaginary, Francesca Borrione

Open Access Dissertations

This dissertation explores American true crime literary and visual narratives and focuses on historical cases involving Italian American women and the cross-cultural relations between Italy and the United States from the late-nineteenth century to the beginning of the twenty-first century. I investigate the influence of true crime narratives on the popular imagination, with attention to the construction of ethnicity, class, and gender. The focus on Italian American women functions as a case study to discuss the impact and persistence of racialized assumptions and cultural stereotypes in American literature and cinema and explores the resistance of women to the dominant narrative. …


The State And Cannabis : What Is Success? A Comparative Analysis Of Cannabis Policy In The United States Of America, Uruguay, And Canada, Gideon C. Cunningham Jan 2021

The State And Cannabis : What Is Success? A Comparative Analysis Of Cannabis Policy In The United States Of America, Uruguay, And Canada, Gideon C. Cunningham

Browse all Theses and Dissertations

Globally, the policies that states engage in concerning the cultivation, production, distribution, and sale of recreational cannabis in the 21st century is changing rapidly. Three countries have now legalized, regulated, and implemented recreational cannabis frameworks, albeit in starkly different ways. These countries are The United States of America, Uruguay, and Canada. This research identifies the contradictory nature of cannabis policy goals and compares the similarities and differences of each countries’ recreational cannabis framework. It proposes a theory of understanding the contradictory nature of creating cannabis policies post-legalization and presents a framework from which to analyze the success of individual cannabis …


Exploitation And Domination: A Marxist Analysis Of The Impact Of Class Structure On State Terrorism, Joseph J. Hammons Jan 2021

Exploitation And Domination: A Marxist Analysis Of The Impact Of Class Structure On State Terrorism, Joseph J. Hammons

Browse all Theses and Dissertations

This study qualitatively examines the impact of three socio-economic inequalities on state terrorism: (1) income inequality; (2) unequal collective labor rights; and (3) land inequality. It proposes a theory of class structure and state terrorism based on the Marxist theory of exploitation and domination and uses Marxist class analysis in the comparison of two case studies, Brazil (1985-1990) and the Philippines (1986-1992), to determine which of the three socio-economic inequalities is most likely to lead to class struggle that will prompt the state to respond with terrorism. Findings from this study indicate that issues concerning land inequality may be a …


Taking Charge Of Court-Martial Charges: The Important Role Of The Commander In The American Military Justice System, David A. Schlueter, Lisa M. Schenck Jan 2021

Taking Charge Of Court-Martial Charges: The Important Role Of The Commander In The American Military Justice System, David A. Schlueter, Lisa M. Schenck

Faculty Articles

No abstract provided.


Stigmatizing Labels, School Bonds, And Capital In The School Reentry Experiences And Educational Outcomes Of Justice-Involved Youth, Peter S. Willis Jan 2021

Stigmatizing Labels, School Bonds, And Capital In The School Reentry Experiences And Educational Outcomes Of Justice-Involved Youth, Peter S. Willis

Theses and Dissertations

Research indicates that justice-involved youth who reenter public and alternative schools following contact with the juvenile justice system struggle to find a place in the school community and complete their educations. Because educational attainment affects recidivism rates, successful school reentry for justice-involved youth presents important research questions for policy and practice. This study examined school reentry through cases studies of adults who had been justice-involved youth and had experienced school reentry following contact with the juvenile justice system. Study participants’ school reentry experiences were examined through a theoretical framework comprised of labeling, social control, and field theories. Findings suggest that …


The Efficacy Of Recovering Latent Fingerprints From Fired Cartridge Cases By Way Of Cyanoacrylate Fuming Combined With Basic Yellow Dye Staining, Lily Mantz Jan 2021

The Efficacy Of Recovering Latent Fingerprints From Fired Cartridge Cases By Way Of Cyanoacrylate Fuming Combined With Basic Yellow Dye Staining, Lily Mantz

Master of Science in Forensic Science Directed Research Projects

This experiment attempted to tackle the long-standing struggle to consistently recover latent fingerprints from fired cartridges. With an emphasis on realistic handling of high volume of samples combined with Cyanoacrylate fuming followed by Basic Yellow dye staining, a total of 740 cartridges were examined. These included fired and unfired brass and nickel case 9mm Luger and 40 S&W cartridges. The cartridges were divided into five different groups; each were treated differently prior to cyanoacrylate fuming and dye staining, which was conducted in the same manner for the groups. The groups included the positive and negative controls, loaded, cycled, and fired. …


Analysis Of Ethanol Aerosolized In An Electronic Cigarette By Headspace Gas Chromatography-Flame Ionization Detector (Gc-Fid) And Particle Size Separation, Erica R. Sales Jan 2021

Analysis Of Ethanol Aerosolized In An Electronic Cigarette By Headspace Gas Chromatography-Flame Ionization Detector (Gc-Fid) And Particle Size Separation, Erica R. Sales

Master of Science in Forensic Science Directed Research Projects

Electronic cigarettes (e-cigs) were designed as a healthier alternative nicotine delivery system, and involve the heating of e-liquids. These are composed of propylene glycol, vegetable glycerin, flavoring agents, and nicotine. Recently, ethanol has been identified as an unlabeled ingredient. The health consequences are currently unknown.

The purpose of this study is to quantify the amount of ethanol present in an aerosol cloud and to determine the size of the ethanol particles. A SubOx Mini-C e-cig was used. For ethanol quantification, the e-cig was attached to a Buchner Flask containing 150mL of deionized water, The system was attached to a vacuum …


Race, Property, And Citizenship, Eleanor M. Brown, June Carbone Jan 2021

Race, Property, And Citizenship, Eleanor M. Brown, June Carbone

Faculty Scholarship

The racial wealth gap is stunning. The net worth of an average white family is nearly ten times greater than that of an African-American family. A 2017 Report finds that, for African-Americans, today’s economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero by the middle of the twenty-first century. This article examines these trends in terms of the relationship between race, property, and citizenship. American democracy has long celebrated economic independence as a desired element of citizenship, forging reciprocal bonds between state efforts to promote and protect property ownership …


Asian Americans And Pacific Islanders And The Prison Industrial Complex, Raymond Magsaysay Jan 2021

Asian Americans And Pacific Islanders And The Prison Industrial Complex, Raymond Magsaysay

Michigan Journal of Race and Law

Recent uprisings against racial injustice, sparked by the killings of George Floyd and others, have triggered urgent calls to overhaul the U.S. criminal “justice” system. Yet Asian Americans and Pacific Islanders (AAPIs), the fastest-growing racial group in the country, have largely been left out of these conversations. Identifying and addressing this issue, I intercalate AAPIs into powerful, contemporary critiques of the prison industrial complex, including emergent abolitionist legal scholarship. I argue that the model minority myth, an anti-Black racial project, leads to the exclusion of AAPIs in mainstream and critical studies of crime and carcerality. I begin the intervention by …