Digital Commons Network^™

Justifying Force: Police Procedurals And The Normalization Of Violence, Emily Brenner

Faculty Curated Undergraduate Works

Much like the CSI effect in forensic crime dramas, portrayals of law enforcement in crime media can potentially skew a viewer’s perception of what the profession actually entails. Many studies address the depiction of law enforcement in the media, but few solely examine the use of force by television police officers, and the impact this may have on frequent viewers. In an era of calls for accountability over growing attention towards police brutality and misconduct, the media as an influencer has the potential to play a role in how real-world instances of brutality are perceived, and more importantly, how it …

The Effects Of Police Officer Ideology On Opinions Of Marijuana Legalization, Decriminalization, And Medical Marijuana, Erin Alpandinar

Honors Capstones

No abstract provided.

Review Of Inmate Litigation Challenging The Constitutionality Of Solitary Confinement, Kaelyn Little

All ETDs from UAB

Inmate litigation has evolved since the 1960s, and little is known about the state of inmate litigation since the enactment of the Prisoner Litigation Reform Act (PLRA) in 1996. Additionally, the current conditions of solitary confinement are largely unknown, and correctional facilities operate with little accountability. This study provides an analysis of Section 1983 lawsuits across six states and decided from 2015 to 2020. All cases included in the study involved inmates filing a Section 1983 lawsuit due to a constitutional violation experienced during their time spent in solitary confinement. The findings showed that most lawsuits were unsuccessful due to …

Understanding And Improving The Police Response To Suspected Cases Of Human Trafficking, Lekendra Kidd

All ETDs from UAB

Human trafficking has been on the rise since slavery was abolished in the 19th century. As the prevalence of human trafficking continues to rise, the criminals involved continue to develop more sophisticated ways to hide their crimes from the police. Accordingly, countless victims remain unidentified. Research shows there is a critical need for local law enforcement officers to be trained in how to identify and investigate cases of human trafficking, as well as to interact compassionately with and effectively help its victims. The purpose of the current study was to qualitatively investigate the human trafficking training currently provided to local …

From Deviance To Disease: How Congress Frames Opioid Use, 1994-2019, Stephanie Kirkland

All ETDs from UAB

Over the past thirty years, the use of opioids like heroin, fentanyl, oxycodone, and hydrocodone led to tens of thousands of deaths from overdoses and caused a public health crisis. Researchers have noted the roles of various social organizations and groups in creating a public discourse around this topic and have studied the changing public views of opioid use in light of new scientific research. And yet, there remains a gap in research on the role of the members of Congress in this public discourse. These legislators pass policies that directly affect people who live with or who know someone …

A Serious Game For Social Engineering Awareness Creation, Fabian Muhly, Philipp Leo, Stefano Caneppele

Journal of Cybersecurity Education, Research and Practice

Social engineering is a method used by offenders to deceive their targets utilizing rationales of human psychology. Offenders aim to exploit information and use them for intelligence purposes or financial gains. Generating resilience against these malicious methods is still challenging. Literature shows that serious gaming learning approaches are used more frequently to instill lasting retention effects. Serious games are interactive, experiential learning approaches that impart knowledge about rationales and concepts in a way that fosters retention. In three samples and totally 97 participants the study at hand evaluated a social engineering serious game for participants’ involvement and instruction compliance during …

"Something's Happening Here/But You Don't Know What It Is": How Jurors (Mis)Construe Autism In The Criminal Trial Process, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

In the past 50 years, autism spectrum disorder (ASD) has gone from a narrowly defined, rare disorder of childhood onset to a well-publicized, advocated, and researched lifelong condition, recognized as both fairly common and heterogeneous. Although the autism rights movement has drastically altered the perceptions of ASD within the last two decades, how autism is “processed” in the criminal trial process is a topic that is still largely under the radar and yet to be fully explored.

As research into this population increases, and as more and more children are diagnosed on the spectrum and enter into adulthood, the number …

Who Should Police Politicization Of The Doj?, Bruce Green, Rebecca Roiphe

Articles & Chapters

It is generally accepted that federal prosecutors should not use their authority in individual criminal cases to promote partisan objectives. It is less clear who is best suited to investigate and resolve allegations that prosecutors, including possibly the Attorney General, have misused federal power in this manner. Various different officials and agencies have some authority to uncover corruption and political bias in the Department of Justice: At least in some situations, trial courts, federal and state disciplinary authorities, Congress, as well as several units within DOJ itself, can pursue a claim that a particular federal prosecutor was acting for impermissible …

Teacher Perceptions And Use Of Evidence-Based Discipline Practices, Taylor Robinson

Masters Theses

School discipline has been linked to significant positive and negative outcomes for both students and teachers. The current study examined the predictive power of Illinois, public school teacher variables on the use of specific discipline strategies in the classroom. One hundred eleven teachers completed a survey with vignette developed by the primary researcher which was used to assess teachers’ confidence in implementing discipline strategies, perceived effectiveness of discipline strategies, and perceptions of peer use and peer beliefs about discipline strategies. The study used descriptive statistics to identify patterns of reporting and multiple linear regressions to determine the predictive power of …

Development Of A Resource Manual For Working With Latino Parolees, Abner Flores

Theses and Dissertations

The standard psychological treatment available for Latino men who are newly released from prison has remained unchanged for over thirty years and focuses on decreasing recidivism through cognitive-behavioral interventions by managing and decreasing law-breaking behaviors. However, clinical experience with inmates suggests that personal experiences, cultural values, and intergenerational trauma along with the long-term impact of poverty, gang ties, and repeated incarceration will all influence post-release behavior. Understanding these areas could help draw out protective factors and innate resiliency, therefore informing treatment and helping newly released inmates from becoming repeat offenders. In this dissertation, I developed a resource manual for service …

Heeding The Call Of Covid-19, David Wiebers, Valery Feigin

Animal Sentience

We are grateful to all of our commentators. They have provided a wide range of valuable perspectives and insights from many fields, revealing a broad interest in the subject matter. Nearly all the commentaries have helped to affirm, refine, expand, amplify, deepen, interpret, elaborate, or apply the messages in the target article. Some have offered critiques and suggestions that help us address certain issues in greater detail, including several points concerning industrialized farming and the wildlife trade. Overall, there is great awareness and strong consensus among commentators that any solution for preventing future pandemics and other related health crises must …

Certifying Second Chances, Cara Suvall

Vanderbilt Law School Faculty Publications

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 …

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G. S. Hans

Vanderbilt Law School Faculty Publications

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students. This Article discusses the author's experience with using Bad Blood as an extended case study in a new course on Legal …

Employment Practices Liability Insurance And Ex Post Moral Hazard, Joni Hersch, Erin E. Meyers

Vanderbilt Law School Faculty Publications

Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue that allowing insurance coverage for employment liability detracts from employment law's goal of deterrence and from notions of justice. We assess the validity of these criticisms by examining the nature of employment law claims and by reviewing characteristics of the current EPLI market. We find that past critiques miss the mark in diagnosing EPLI's major problem.

The EPLI market, for the most part, functions in a way that poses little to …

Police As Community Caretakers: Caniglia V. Strom, Christopher Slobogin

Vanderbilt Law School Faculty Publications

What is the proper role of the police? That question has been at the forefront of debates about policing for quite some time, but especially in the past year. One answer, spurred by countless news stories about black people killed by law enforcement officers, is that the power of the police should be reduced to the bare minimum, with some in the Defund the Police movement calling for outright abolition of local police departments. Toward the other end of the spectrum is the notion that the role of the police in modern society is and must be capacious. Police should …

Ungrading Across The Disciplines: Reflections Of A Professional Learning Community, Travis L. Martin, Matthew P. Winslow, Michelle A. Gremp, Stacey J. Korson, Gaby Bedetti, Ellen Hutcheson Mcmahan, David Stumbo, Elaina Short, Holdyn Morrow

Pedagogicon Conference Proceedings

A group of interdisciplinary scholars formed a Professional Learning Community (PLC) in the spring 2020 semester. Their topic of consideration was “ungrading,” defined by the group as any pedagogical practice that moves a student’s focus away from grades and toward learning and growth. This essay provides an account of each instructor’s experience as a member of the PLC, highlighting both practical and theoretical considerations for instructors interested in incorporating ungrading in their courses. It also provides perspectives of students who experienced ungraded approaches first-hand.

The Reform Blindspot, Irene Oritseweyinmi Joe, Shelly Richter, Dayja Tillman

SMU Law Review

The last few years have seen a marked shift in the public’s response to mass incarceration. Some state legislatures have responded by changing criminal statutes and sentencing schemes to reduce the number of people incarcerated in jails and prisons and lessen the collateral consequences faced by those previously convicted of crimes. Although these efforts are laudable, they may fail to consider the limitations imposed upon convicted persons seeking to avail themselves of these benefits without the assistance of counsel. This essay argues that, in addressing the question of how best to effectuate the progressive goals of criminal justice reform, it …

Folie À Deux In The 21st Century: Qanon And The American Dream Delusion, Gordon A. Crews, Christina S. Bentch, Garrison A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to use the concept of folie à deux (or shared delusion disorder) to examine the phenomena of “Q” and the “QAnon” movement in the 21st century. The insurrection which occurred on January 6, 2021 during the attack on the United States’ capitol, drew the authors’ attention to try to understand the reason for this mass violence and to determine what individuals, motivations, and beliefs brought this violence to life. The allegory of Plato’s Cave is used by the authors to offer the reader a context to place the current increasingly bizarre claims and conspiracies …

Internal Funding Newsletter, Academic Year 2020-2021, Office Of Research And Creative Activity

Internal Funding Newsletters

The University of Nebraska at Omaha is committed to fostering the academic and scholarly pursuits of faculty, staff, and students. While the 2020- 2021 Academic Year brought many changes and challenges, UNO has continued to invest in a multitude of funding programs to promote research and creative activity. This year’s programs provided over $530,000 for student and faculty projects that reflect the broad range of scholarly interests of the UNO community, including gender differences in remote meeting behaviors and networking, an inquiry into the scope of missing and murdered Indigenous women on the Pine Ridge Indian Reservation and its border …

School "Safety" Measures Jump Constitutional Guardrails, Maryam Ahranjani

Faculty Scholarship

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …

Trauma And Memory In The Prosecution Of Sexual Assault, Cynthia V. Ward

Faculty Publications

Part I of this article traces the history of the recovered memory movement in the criminal prosecution of sexual assault, discussing some prominent cases and their consequences for wrongly convicted defendants. Part II asks why the criminal law was so vulnerable to claims of sexual assault, and other violent crimes, that were often wildly improbable on their face. The article concludes that the structure of recovered memory theory had the effect of disabling checks in the criminal process which are designed to prevent unjust convictions. Part III applies that conclusion to the theory of Trauma-informed Investigation (TII) and the "Neurobiology …

Citizens, Suspects, And Enemies: Examining Police Militarization, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Concern about the increasing militarization of police has grown in recent years. Much of this concern focuses on the material aspects of militarization: the greater use of military equipment and tactics by police officers. While this development deserves attention, a subtler form of militarization operates on the cultural level. Here, police adopt an adversarial stance toward minority communities, whose members are regarded as presumptive objects of suspicion. The combination of material and cultural militarization in turn has a potential symbolic dimension. It can communicate that members of minority communities are threats to society, just as military enemies are threats to …

Benevolent Exclusion, Anna Offit

Faculty Publications

The American jury system holds the promise of bringing commonsense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic exclusion based on income or wealth. The problem of unequal access to jury service based on socio-economic disparities is a longstanding yet under-studied problem—and one which the uneven fallout of the COVID-19 pandemic only exacerbated. Like race- and sex-based jury discrimination during the peremptory challenge phase of jury selection, the routine dismissal of citizens who face economic hardship excludes not only people but also the diversity …

Emoji Company Gmbh V Schedule A Defendants, Northern District Of Illinois

Historical and Topical Legal Documents

Declaration of Dean Eric Goldman

State V. Taylor, North Carolina Supreme Court

Historical and Topical Legal Documents

No abstract provided.

Imagining The Progressive Prosecutor, Benjamin Levin

Publications

As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutors.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold question: what exactly is a “progressive prosecutor”? Is that a meaningful category at all, and if so, who is entitled to claim the mantle? In this Essay, I argue that “progressive prosecutor” means many different things to many different people. These differences in turn reveal important fault lines in academic …

Wage Theft Criminalization, Benjamin Levin

Publications

Over the past decade, workers’ rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians, advocates, and academics: wage theft speaks the language of criminal law, and wage theft is a crime that should be punished. Harshly. Self-proclaimed “progressive prosecutors” have made wage theft cases a priority, and left-leaning politicians in the United States and abroad have begun to propose more criminal statutes …

Policing And "Bluelining", Aya Gruber

Publications

In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about …

Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer

Publications

A constitutional clash is brewing. Cities and counties are flexing their muscles to frustrate national immigration policy while the federal Executive is threatening to interfere with local law enforcement decision making and funding. Although the federal government generally has plenary authority over immigration law, the Constitution forbids the commandeering of state and local officials to enforce federal law against their will. One exception to this anti-commandeering principle is the Spending Clause of Article I that permits Congress to condition the receipt of federal funds on compliance with federal law. These conditions, according to more than 30 years of Supreme Court …

Black Male Collegiate Athletes’ Perceptions Of Their Career And Academic Preparation: A Mixed Methods Study, Jennifer R. Curry, Franklin A. Soares, Justin E. Maclin, Imre Csaszar

Journal of College Access

We employed a mixed methods approach with sequential explanatory design (Creswell & Plano Clark, 2017) and a Social Capital Theory framework (Bourdieu, 1977) to investigate three research questions: (1) In what ways were participants’ career and college readiness capital developed during high school? (2) How do participants view their academic and career growth and development prior to and after coming to college? (3) Who provided career and college development to participants in this study prior to their college entrance? Results revealed potential reasons why disparities existed between Black and White participants beginning in K-12 and continuing through college. Implications for …