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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 …

When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber

Publications

10th Annual David H. Bodiker Lecture on Criminal Justice delivered on Wed., Oct. 21, 2020 at Ohio State University Moritz College of Law.

Agonistic Privacy & Equitable Democracy, Scott Skinner-Thompson

Publications

This Essay argues that legal privacy protections—which enable individuals to control their visibility within public space—play a vital role in disrupting the subordinating, antidemocratic impacts of surveillance and should be at the forefront of efforts to reform the operation of both digital and physical public space. Robust privacy protections are a touchstone for empowering members of different marginalized groups with the ability to safely participate in both the physical and digital public squares, while also preserving space for vibrant subaltern counterpublics. By increasing heterogeneity within the public sphere, privacy can also help decrease polarization by breaking down echo chambers and …

The Right To Contest Ai, Margot E. Kaminski, Jennifer M. Urban

Publications

Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability.

In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead—or really, in addition—for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for …

Race-Conscious Jury Selection, Anna Offit

Faculty Publications

Among the central issues in scholarship on the American jury is the effect of Batson v. Kentucky (1986) on discriminatory empanelment. Empirical legal research has confirmed that despite the promise of the Batson doctrine, both peremptory strikes and challenges for cause remain tools of racial exclusion. But these studies, based on post facto interviews, transcript analysis, and quantitative methods offer little insight into Batson’s critical impact on real-time decision-making and strategy in voir dire. If we increasingly know what kinds of juries are produced in the post-Batson world, we know very little about how they are produced.

This …

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Publications

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule of Professional Conduct 8.4(g), which regulates professional misconduct, this Article argues that ethics rules may, under certain conditions, deter the exclusionary practices of legal actors. Part I examines the specific history, evolution, and application of revised Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

The Evidence Rules That Convict The Innocent, Jeffrey Bellin

Faculty Publications

Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.

Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …

Correctional Education As Therapeutic Change: Exploring The Use Of Animal-Assisted Therapy Programs With Incarcerated Women, Terrie Ciez

Graduate Research Theses & Dissertations

Throughout history and in every culture and country, animals and humans have formed special bonds often as pets. Well trained pets have often been used in Animal Assisted Therapy (AAT) programs in hospitals and nursing homes to help patients cope with illnesses and recovery while away from home. Pet visits to these facilities have documented reductions in medications, stress, and loneliness when a simple wet nose reaches on to a patient’s bed for attention. A variety of animals have been incorporated into various facilities ranging from birds, fish tanks, and puppies and kittens to relieve the stress of residents. A …

Medical Cannabis And Counselor Education: Examining The Relationship Between Counselor Education Curriculum And The Incorporation Of Medical Cannabis, Anne Catherine Adrian

Graduate Research Theses & Dissertations

The focus of this study was to examine the status of medical cannabis instruction in counselor education curriculum programs. There is evidence to indicate that medical cannabis use may be beneficial in mental health care. However, there is limited research on medical cannabis in counselor education. The following research questions provided a framework of investigation for this study: What is the status of the inclusion of medical cannabis content in counselor education curriculum programs and what are the plans to incorporate this content in the future?

In this study, a non-experimental design was used to describe or examine associations between …

Self-Reported Multicultural Teaching Knowledge And Skills Of School Professionals, Julia Kedzior

Masters Theses

Diverse learners face a variety of challenges, such as achievement gaps, behavior problems, and absenteeism. Therefore, it is important for their educators to have both multicultural teaching knowledge and skills to address these challenges and work towards a successful school experience for all students. Although research has sought to measure the cultural competence of teachers, not many studies have examined cultural competence in other school professionals (administrators, school psychologists, social workers, interventionists, instructional assistants, and other individuals who directly work with students in the school environment). In the current study, 185 teachers and other school professionals completed an adapted version …

Icwa’S Irony, Marcia Zug

American Indian Law Review

No abstract provided.

The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland

American Indian Law Review

No abstract provided.

Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel

American Indian Law Review

No abstract provided.

Narratives In Sex Offender Management Laws: How Stories About A Label Shape Policymaking, Mauricio P. Yabar

The Journal of Sociology & Social Welfare

Serious scholarly inquiry regarding the role of social constructions and narratives in sex offender management laws is relatively a new undertaking. In the last two decades, a myriad of studies exploring the negative effects of Sex Offender Registration and Notification (SORN) policies were added to the literature, a trend that appears to be slowing down today. The purpose of this paper is to recommend the integration of the narrative policy framework (NPF) with Schneider and Ingram’s (1993) theory of social construction of target populations in the analysis of SORN policies. The author provides a critical review of SORN policies while …

Journal Of Sociology And Social Welfare Vol. 48, No. 2

The Journal of Sociology & Social Welfare

Complete issue of Journal of Sociology and Social Welfare Volume 48, Number 2

The Rwandan Diaspora: Residual Politics And The Culture Of Silence, Jennifer Marson-Reed, Olivia Mclaughlin

The Journal of Sociology & Social Welfare

The present article examines the political environment in Rwanda following the 1994 genocide from the perspective of diaspora members. Research was conducted via in-person and telephone interviews from May 2015 to March 2016 with eight members of the Rwandan diaspora in the United States and Canada. The primary research objective questioned how members of this particular diaspora attempt to achieve justice and reconciliation among one another. However, current Rwandan politics became a central discussion point during interviews, particularly the residual effect among the diaspora. Interviews suggest that the current political climate in Rwanda may have created a culture of silence …

Understanding How Recipients Of Means-Tested Government Assistance Make The Decision To Vote Or Not To Vote And How Social Workers Can Make A Difference?, Adelaide Sandler

The Journal of Sociology & Social Welfare

When voter turnout of any one particular demographic or social group is significantly less than that of other groups, members of that group lose their power to protect their basic economic and social rights. Low voter turnout among recipients of means-tested government assistance is especially problematic because election outcomes impact the benefits on which they depend. This article presents results from a qualitative study to understand how recipients of means-tested government assistance decide to vote or not to vote. Four themes emerged related to the patterns of voting behaviors and described as: dedicated voter, voter, nonvoter, and dedicated nonvoter. Each …

Toward A Race-Conscious Critique Of Mental Health-Related Exclusionary Immigration Laws, Monika Batra Kashyap

Faculty Articles

This Article employs the emergent analytical framework of Dis/ability Critical Race Theory (DisCrit) to offer a race-conscious critique of a set of immigration laws that have been left out of the story of race-based immigrant exclusion in the United States—namely, the laws that exclude immigrants based on mental health-related grounds. By centering the influence of the white supremacist, racist, and ableist ideologies of the eugenics movement in shaping mental health-related exclusionary immigration laws, this Article locates the roots of these restrictive laws in the desire to protect the purity and homogeneity of the white AngloSaxon race against the threat of …

The Intersection Of Race And Criminal History In Perceptions Of Native Americans And Hiring, Sierra B. Streuli

Graduate Student Theses, Dissertations, & Professional Papers

Studies show that race-based discrimination exists in the hiring process. Many minority job candidates experience this phenomenon, especially when a criminal record is present. The intersection of possessing a Native American identity and having a criminal history has yet to be examined. This research compares the experience of Native American job candidates (some with a criminal history and some without) to white job candidates (some with a criminal history and some without) to see how these varying points of identity influence hiring process decisions in a fictitious hiring scenario. Using an online questionnaire based on Foschi and Valenzuela’s (2015) study …

Bulletin 2021-2022, Seattle University School Of Law

Viewbooks

No abstract provided.

Juvenile Justice Workers’ Perceptions Of Teen Court And Traditional Court, Kesla M. Holder

Walden Dissertations and Doctoral Studies

The impact of alternative programs for juveniles within the juvenile justice court system was not well understood. Studies such as research from the Annie E. Casey Foundation identified juvenile diversion approaches as an effective method of reducing recidivism in juvenile courts. The purpose of this qualitative case study was to seek understanding of the nontraditional juvenile court process from the perceptions of juvenile justice workers in a local teen court program. Deterrence theory provided the theoretical framework to guide the study. Open-ended survey questions were used to collect data from 11 juvenile justice officers from the local Department of Juvenile …

A Qualitative Study Of Parolee Perceptions Of Penal Educational Program, Deborah Denise Johnson

Walden Dissertations and Doctoral Studies

An estimated 30% of the incarcerated population does not participate in the educational programs offered within the target state penal education system. The purpose of this study was to understand the perceptions of parolees towards the prison’s education system and the problem of low participation by using a qualitative approach and conceptual framework based on Bandura’s theory of self-efficacy. Three research questions explored parolee perceptions toward barriers for enrollment and participation in education programming during incarceration, strategies and supports that could have increased self-confidence and motivation to participate in the programs, and descriptions of internalized experiences. Data were collected using …

An Exploration Of The Impact Of Organizational Subculture On Ethical Decision Making In Policing, Sonya M. Johnson

Walden Dissertations and Doctoral Studies

AbstractThe culture of the workplace setting intertwined with how one interprets ethics and code of conduct can be factors that separate acceptable and unacceptable conduct in policing. The reluctance of police agency executives willingness to assess the integrity of their departments often stems from the fear of negative community perceptions followed by unwanted oversight and operational recommendations. The purpose of this qualitative phenomenological study was to explore the lived experiences and perceptions of police officers regarding the influence of organizational subculture on ethical decision-making. The theoretical framework for this study used Sutherland’s Differential Association Theory and Aker’s Social Learning Theory. …

The Lived Experience Of African American Young Adult Men With Hiv And Self-Care Collaborative Management, Barbara A. Moore

Walden Dissertations and Doctoral Studies

AbstractAfrican American young adult (AAYA) men living with HIV often lack interventions that address the influence that HIV has on their quality of life, especially their relationships. Self-care collaborative management (SCCM) concerns related to disclosure and stigmatization complicate social, psychological, and SCCM behaviors. Intervention programs addressing these concerns should be based on relevant, accurate information, but this information is lacking for AAYAs. The purpose of this research was to explore and describe the lived experiences of male AAYAs with HIV and their use of SCCM. The study method was qualitative; Husserl’s transcendental phenomenology was the design. The individual family self-management …

The Effectiveness Of Rehabilitation And Educational Programs For African American Men With Cocaine Addiction, Hira Chaudhary

Walden Dissertations and Doctoral Studies

Drug addiction, especially cocaine addiction is a major problem in the United States. There is a problem in Michigan regarding drugs and a high recidivation rate, especially among individuals with cocaine addiction. Evidence shows that at least 56% of the African American adults in Michigan who are being arrested for cocaine usage had been released from a rehabilitation facility in the past 3 years. Various researchers have investigated the prevalence of drug abuse among the African American population in the United States. Still, there is limited evidence on reducing the recidivation rate among African American men with cocaine addiction. Therefore, …

The Occupational Experiences Of Social Workers In Corrections, Lissette Lucero Lopez

Walden Dissertations and Doctoral Studies

Social workers who practice in corrections settings are faced with dilemmas, burnout, contrasting values between their profession and organization, and a lack of educational training. However, because of the small percentage of social workers that practice in the correctional setting, there is a gap in knowledge of the occupational experiences of these social workers. The purpose of this qualitative study was to explore the occupational experiences of social workers in corrections using Niklas Luhmann’s system theory, which suggests that the world includes a system and its environment. Data were collected through phone interviews with 10 to 15 master’s level social …

Socially Constructed Journalism And Lone Wolf Terrorists - A New York City Experience, Adrienne Pascal

Walden Dissertations and Doctoral Studies

AbstractJournalistic reporting normalized radical lone wolf terrorist activities compromising public and national safety. The purpose of this research was to explore news reports of four radical lone wolf events that occurred in New York City (NYC) between 2010 and 2017 to identify political slant toward societal normalization of radical lone wolf behavior. The framework of this phenomenological study was Borum’s four-stage pathway mindset model of terrorism combined with Berger and Luckmann’s social construction theory. The central research question addressed how socially constructed journalism stories of lone wolf terrorist events in NYC aligned with liberal to conservative political newsprint continuums. Data …

The Effectiveness Of Rape Prevention And Awareness Programs On Historically Black Colleges And University Campuses, Lucretia Rishelle Banks

Walden Dissertations and Doctoral Studies

As rapes and sexual assaults continue to occur on Historically Black College and University (HBCU) campuses, students remain apprehensive in reporting victimizations to law enforcement, despite the presence of sexual assault prevention and awareness programming. Research has shown that the lack of reporting to law enforcement is based on specific barriers. However, there is little knowledge on the perceptions of program facilitators and administrators on why victims decline to report to law enforcement. This qualitative phenomenological study gathered the perceptions of eight program facilitators and administrators on the effectiveness of rape and sexual assault prevention programming. The community readiness theoretical …