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Majestic Law And The Subjective Stop, Kyron J. Huigens

Articles

Justice John Paul Stevens subscribed to "a majestic conception" of the Constitution. This Article articulates and defends that vision. Majestic law and legal reasoning characteristically involve frank moral reasoning, such as one finds in the Eighth Amendment's "evolving standards of decency" test for proportionate punishment, or in Due Process formulations such as an appeal to "immutable principles of justice, which inhere in the very idea of free government." Majestic law employs moral values, norms, and judgments in legal reasoning, taking them on their own terms. Majestic legal reasoning does not weigh revealed preferences for decency, for example. It asks whether …

Inconspicuous Victims, Itay Ravid

Faculty Publications

Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation—victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving into the underexplored territory of racialized victimization, this project bridges that gap and exposes the roots of the disparate treatment of Black victims in the American criminal justice system. These unprecedented times of the COVID-19 pandemic and racial tensions bring to the fore questions about governmental allocation of resources and …

Crime And The Mythology Of Police, Shima Baradaran Baughman

Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

Illinois State University Annuitants Association Newsletter, Winter 2021, Illinois State University, Annuitants Association

ISUAA News

Illinois State University Annuitants Association newsletter

Worse Than Human?, Michael Risch, Derek E. Bambauer

Faculty Publications

The rise of algorithm-driven decision making enabled by Big Data has generated widespread concern among legal scholars. However, few critics have considered data on people’s existing preferences about the role of algorithms in decision systems. This Article uses empirical analysis of a novel, large dataset of consumer surveys to elucidate those preferences. The surveys explore whether people prefer to have an algorithm or a human determine an outcome affecting their welfare in a range of representative scenarios with varying stakes. The Article examines how preferences change when one type of decisionmaker produces results that are more accurate, faster, cheaper, or …

Congressional Surveillance, Aaron R. Copper

American University Law Review

In recent years, Congress has increasingly used electronic surveillance in high profile investigations. Reactions to what this Article calls “congressional surveillance” indicate a deep unease among both legal scholars and the broader public about the nature of Congress’s surveillance authority and its normative implications. Despite our ongoing preoccupation with government surveillance, congressional surveillance remains largely unexplored. There is virtually no discussion of how congressional surveillance is treated under key statutory and Fourth Amendment constraints; no consideration of the process or political limits of congressional surveillance; and little scrutiny of congressional surveillance as a tool within the separation of powers.

This …

Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross

Faculty Law Review Articles

This Article examines the different experience of states and tribes with uniform national standards of criminal procedure imposed by the federal government. Part I describes the federal government’s displacement of indigenous justice in service of colonialist political goals, a policy that has contributed to the public safety crisis in Indian country today. Part II explains the constitutional criminal procedure jurisprudence the Court developed for states on which Congress has modeled ICRA’s criminal procedure provisions. In TLOA and VAWA 2013, Congress recognized that restoring tribal autonomy over wrongdoing in Indian country must be part of the federal policy response to the …

Post-Pandemic Privacy Law, Tiffany C. Li

American University Law Review

COVID-19, the global pandemic that began in 2019, altered how we live our lives in just about every way imaginable. Some of those changes were obvious— for example, those who were fortunate enough to be able to work from home began working online—while other changes were more subtle. The latter category included unprecedented levels of data collection by governments and organizations purporting to collect information that would help stop the pandemic’s spread. Given the deadly nature of COVID-19, few would question any public health efforts, no matter their impact on privacy. However, the lack of attention to privacy issues during …

That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser

American University Law Review

Federal Rule of Civil Procedure 68 (Rule 68) is a cost-shifting rule that allows a non-prevailing defendant who made an offer of judgment more favorable than the final judgment to recover costs incurred from the point the offer was made. Until the mid-1980s, whether the rule could apply to the attorney’s fees was the source of much debate. In 1985, the U.S. Supreme Court provided a partial answer when it decided Marek v. Chesny, holding that Rule 68 operates to preclude a civil rights plaintiff from recovering post-offer attorney’s fees. The Court stated that Rule 68 costs include all costs …

Visa Fraud In The Commercial Sex Market In The United States: An Overview, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes various fraudulent visas used by criminals operating in the U.S. sex market. Studies show that many foreign women exploited through commercial sex rely on visa brokers to enter the U.S. However, scholars have not investigated various visa brokers and the techniques they use to bring foreign women into U.S. prostitution as a whole. Therefore, this paper aims to provide an overview of the different types of fraudulent visas and criminal techniques used in the U.S. sex market. In doing so, this paper relies on both primary and secondary sources, such as interviews with both survivors and U.S. …

“Child Witches”: Sexual Exploitation And Abuse Of Homeless Girls In South-Southern Nigeria, Chima Agazue

Dignity: A Journal of Analysis of Exploitation and Violence

Sexual exploitation and abuse of girls is one of the endemic social problems in Nigeria. Although this problem has attracted much research attention in recent times, some newly emerged factors contributing to the problem have been mostly ignored. This study explored how the abandonment of children following their stigmatization as witches contributes to sexual exploitation and abuse of the girls in the Akwa Ibom and Cross River states of Nigeria. The study was based on the qualitative research paradigm. Data was collected via semi-structured interviews of three senior staff members of the Child’s Rights and Rehabilitation Network (CRARN)—a children’s charity …

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in …

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.

The Effects Of New Teacher Induction Programs On New Teacher Retention In Urban School Districts, Lisa Maria Smith-Sherrod

Theses and Dissertations

This applied dissertation was designed to determine the effect of new teacher inductions programs on new teacher retention in urban school districts. Teachers are leaving urban school districts at alarming rates. The expectation that every student will receive a quality educational experience is becoming increasingly less common for the neediest students, who are often minorities in rural or urban settings, or who have special needs (Snodgrass, 2018). Urban school districts and institutions of higher education need to determine strategies that will retain highly effective educators in the field. This applied dissertation was designed to provide insight into how to improve …

Gender Disparity In Studying Chemistry, Carlo Semerzier

Theses and Dissertations

This applied dissertation was designed to determine if there is a difference between students’ gender, ethnicity, and age and their performance in General Chemistry I at a Christian University in Florida. Many scientific studies reveal the existence of a gender performance gap in chemistry: women mostly underperform men. Certain factors reported by researchers and cited in this study that might contribute to this gap include self-efficacy, math ability, prior conceptual knowledge in chemistry, attitude toward chemistry, spatial ability, discrimination, learning styles, and exam types.

This quantitative research study used retrospective data from 113 students from eight sections (2016-2019) of a …

Risk Factors And Precursors To Police Suicide, Matthew J. Carpenter

Theses and Dissertations

Police suicide has consistently remained a more likely cause of death for police officers than being killed in the line of duty for the past several years. Understanding the risk factors and precursors associated with suicide is crucial to changing this anomalousness. Prevention, early intervention, treatment, support, and reducing stigma, may help lower the number of police officers committing suicide.

Several research studies have found the rate of suicide for police officers to be double that of the general population (Chopko, Palmieri & Facemire, 2013; Violanti, 2010; Lewis, 2014; Charbonneau, 2000). The day-to-day job of policing may be stressful and …

Exploring Academic Leadership In Higher Education Through The Lens Of Leader-To-Member Exchange (Lmx) Theory, Dequies A. Lanier

Theses and Dissertations

A phenomenological study focused on Exploring Academic Leadership in Higher Education Through The Lens of Leader-to-Member Exchange (LMX) Theory, Dequies A. Lanier, 2020: Applied Dissertation, Nova Southeastern University, Abraham S. Fischler College of Education and School of Criminal Justice. Keywords: communication, leadership development, higher education, leader-member exchange, organizational leadership This applied dissertation was designed to explore the communication between higher education leaders and faculty at the department level in the United States at a southeastern higher education institution. The study sought to explore (a) the communication relationship between leaders and followers; (b) commitment to the organization; and (c) suggested communication …

The Role Of Social Media In Human Trafficking Victimization, Alicia Marie Terwilliger

Theses and Dissertations

Human trafficking is the recruitment, transportation, transfer, harboring, and receipt of people. Humans are one of the only global commodities that can be sold and used repeatedly (Jones et al., 2007), helping to make trafficking a multi-billion-dollar industry worldwide. There are several types of trafficking, including forced labor, debt bondage, organ harvesting, and sexual exploitation. Often, trafficking includes threats, the use of force, coercion, abduction, and fraud for exploitation, labor, harvested organs, or sex. Human trafficking occurs domestically and across international borders, with over 45 million victims globally (Bonilla & Mo, 2019). Every state in the United States is affected …

A Strategic Plan To Increase Equitable Practices In A Pacific Northwest School District, Nancy Lee Reisner

Theses and Dissertations

This strategic research project was designed to provide a plan to support global implementation of equitable practices in a school district in the Pacific Northwest. Using results of a strengths, weaknesses, opportunities, and threats (SWOT) analysis, internal and external factors were analyzed to score each item to identify areas that could be addressed to improve the overall function of the organization. Grounded in cultural relevancy theory and social justice theory, the problem of implementation of equitable practice with fidelity throughout the district was identified and addressed.

Key factors impacting the implementation of equitable practices identified were teacher training, leadership structure, …

Teaching Strategies Leading To Success In Self-Contained Classrooms, Sonja Michelle Robinson-Madden

Theses and Dissertations

This applied dissertation addressed the strategies used in self-contained classrooms that lead to the success of students with intellectual disabilities in Jamaica. The study was prompted by the poor performance of primary schools in teaching delivery as evidenced in the National Inspectorate Report. The views of successful teachers were collated in order to provide meaningful research data that can be used to improve the effectiveness of teachers regarding their teaching strategies and engagement of their students in the teaching-learning process. In addition, the research findings may be used to inform policies regarding the education of special needs students who are …

Percepción Del Director Escolar Sobre El Liderazgo Servidor En Las Escuelas Cinco Estrellas En Arecibo, Puerto Rico, Enrique Antonio Cordero Soto

Theses and Dissertations

El propósito de la investigación fue Indagar la percepción de los directores escolares de las escuelas cinco estrellas sobre el liderazgo servidor. Los mismos tendrán una evaluación sobre su liderazgo en sus entornos escolares y si ellos son partes de sus logros, tanto en lo administrativo, clima escolar y aprovechamiento académico de los estudiantes. Los propósitos del estudio fueron determinar si existía una relación entre su liderazgo como directores escolares y el líder servidor, el reconocimiento de las cualidades y ventajas sobre el liderazgo de servicio y como relaciona el impacto de servicio en la clasificación de las escuelas y …

A Qualitative Examination Of Student Threat Assessment In Nassau County, New York, Christopher J. Cleary

Theses and Dissertations

Law enforcement agencies and school systems face the critically important task of preventing attacks of targeted school violence and providing safe environments for students, faculty, and staff. The tragic results of past school shooting incidents have caused law enforcement agencies to work collaboratively with educators to develop strategies to reduce violent attacks.

Numerous examples from previous school shooting incidents show that shooters exhibited certain warning signs before the attack, and those signs went unaddressed. The student threat assessment process was developed to help educators and law enforcement members recognize the warning signs and take preemptive action before violence occurs. Threat …

Retaining Employees In Public Sector Organizations, Marlon Javier Rivera

Theses and Dissertations

This research study focused on the attrition rate among employees at a large public sector organization within a large state in the southeastern United States. The study identified factors contributing to the problem and identify possible solutions to minimize or alleviate the problem. The literature identified motivation as one of the factors largely contributing to increasing attrition rates.

Motivation has become a rather slow-paced factor in this large public sector organization and was reflected in work performance and productivity (Director, 2019). Cooperation between departments and individuals of higher positions tended to be deficient and communication was minimal (Director, personal communication, …

Community Attitudes Towards Juvenile Sex Offenders And Registration In Virginia, Paige Reed

Theses and Dissertations

The collateral consequences and harmful effects of juvenile sex offender registration and restrictions has been the forefront of conversation surrounding sex offender legislation in the United States. The literature available has consistently shown that juveniles profoundly differ from adults in significant areas such as decision making, cognitive capability, judgment, and overall development. The literature has also consistently shown that juvenile sex offenders are amenable to treatment, have considerably low recidivism rates, and are unlikely to offend into their adulthood. Despite this, and even though the juvenile justice system prioritizes rehabilitation over punitive measures, juvenile sex offenders are commonly subjected to …

American Epidemic: The Societal And Multi-Generational Impacts Caused By The Mass Incarceration Of Women In The United States, Jessica Younts

Theses and Dissertations

This study examined the social impacts of incarcerating women, specifically mothers, as well as the far-reaching collateral consequences that the mass incarceration of women in the United States has on formerly incarcerated women’s successful reintegration back into society and analyzed how the harsh policies that exist detrimentally impact family members and society as a whole. This study revealed several themes that show the far reaching damage incarceration itself has on women and their families and provides a more comprehensive analysis of the incalculable costs of mass incarceration. By raising awareness to the long-term impact on society, this research can provide …

Serving Culturally And Linguistic Students Identified With A Communication Disability In The K-12 Educational Environments, Lashell Dauterman

Theses and Dissertations

As more and more students enter public schools with culturally and linguistically diverse backgrounds that require services under the Individuals with Disabilities Education Act, facilitators must be more sensitive to the needs, especially in the area of communication. Augmentative and alternative communication devices and other assistive technology are required by law to be utilized with individuals identified as disabled. However, due to the challenges that exist in properly identifying and implementing intervention plans for children who require services as English language learners and special education, communication needs are often misidentified or not provided. Another issue that exists is the lack …

A Training Intervention For Middle School Teachers On Culturally Relevant Instruction And Culturally Relevant Classroom Management Strategies, Vivian Yakpo Newton

Theses and Dissertations

This applied dissertation was designed to determine the effectiveness of the Middle School Teacher Training Intervention on the application of culturally relevant instruction and classroom management instructions by teachers in a Title I middle school in the southeastern United States. This school lacked culturally relevant instruction and behavior management, despite its teachers having undergone the training program. It also had significant identifiable gaps in the academic achievement of its students, which raised questions about the efficacy and inclusivity in its educational environment. The lack of cultural competence of middle school teachers and administrators contributes to the suboptimal performance of students …

The Relationship Of Authentic Leadership And Growth, Retention, And Productivity, Michael B. Horwitz

Theses and Dissertations

Leadership has been heralded a critical component for the achievement of successful organizational outcomes. Recent financial, social, psychological, and environmental challenges that are being faced on a global scale have raised the call for new and effective leadership. Researchers and practitioners have expressed the need for the development of good leaders. Authentic leadership (AL) has been described as the root theory of all other forms of positive leadership and offers a way to describe and develop more effective leadership and drive veritable sustained superior performance.

Authentic leaders are proposed to have greater self-awareness and self-regulated positive behaviors, seeking to develop …

Therapists' Perspectives On Aiding Individuals To Maintain Social Connection While Struggling With Health Concerns, Shari Howington-Carlin

Theses and Dissertations

This applied dissertation was designed to explore therapists’ perspectives on aiding individuals to maintain social connection while struggling with health concerns. Social relationships support physical and psychological well-being, yet individuals struggling with physical or mental health issues often have difficulty maintaining their relationships. Therapists, as health professionals, often discuss physical as well as emotional health concerns with their patients, including components of physiological and psychological heath care. Emerging neuroscience is aiding in understanding how research in this field supports early intervention for health outcomes around healthy social and family relationships during chronic disease or illness onset.The researcher conducted a phenomenological …

A Phenomenological Study Of The Lived Experiences Of African American Women In Undergraduate Stem Degree Programs, Vernon H. Smith

Theses and Dissertations

This applied dissertation was designed to provide a better understanding of the lived experiences of African American women in STEM undergraduate degree programs at a 4-year degree granting institution in the southernmost part of central Virginia. The central problem is that there is disparity between the number of African American women with STEM degrees and that of other races in the STEM job market. The existing literature has gaps in the research of African American women’s perception of undergraduate STEM programs. Further, the researcher posits there is a lack of consideration for diversity that is detrimental to the United States; …