Digital Commons Network^™

The Jury Trial Reinvented, Christopher Robertson, Michael Elias Shammas

Texas A&M Law Review

The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood.

Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts to begin …

Foreword, Joseph Giarratano

University of Richmond Law Review

No abstract provided.

Race In The Time Of Covid-19, The Benjamin L. Hooks Institute For Social Change

The Hooks Institute Policy Papers

Race in the time of COVID-19 assesses the impact of the pandemic on exacerbating educational, health, and employment inequalities and the loss of intergenerational wealth among African Americans who have disproportionately died because of COVID-19.

Tennessee Felon Population Update, November 2021, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

The Burdens Of The Excessive Fines Clause, Beth A. Colgan

William & Mary Law Review

A key component is missing from the Eighth Amendment’s Excessive Fines Clause doctrine: Who has the burden of proof? This question—which has been essentially ignored by both federal and state courts—is not just a second-order problem. Rather, the assignment of burdens of proof is essential to the Clause’s enforcement, making it harder—or easier—for the government to abuse the revenue-generating capacity of economic sanctions in ways that can entrench poverty, particularly in heavily policed communities of color.

This Article takes on this question by first sorting through a morass within the U.S. Supreme Court’s due process doctrine as it relates to …

Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia

William & Mary Law Review

“Yesterday, in my view, was one of the darkest days in the history of our nation.” President Joseph R. Biden spoke these words following the January 6, 2021 riots at the U.S. Capitol Building that left five people, including a police officer, dead. The mob that stormed the Capitol sought to prevent Congress from certifying then-President-elect Biden’s Electoral College victory. In the weeks following the riot, investigators began arresting rioters associated with extremist right-wing militia groups, such as the Oath Keepers and Three Percenters. While January 6, 2021, can accurately be labeled a dark day in American history, the events …

Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D.

Articles & Chapters

It is absolutely essential to consider the abject ineffectiveness of counsel in a significant number of death penalty cases involving defendants with serious mental disabilities and how such ineffectiveness is often (scandalously) accepted by reviewing courts. We must also assess all of the concerns raised in this excellent paper by Hiromoto and colleagues through the filter of therapeutic jurisprudence as a way to guide counsel to thoroughly investigate all aspects of such cases (especially those involving defendants with PTSD) and to present substantial mitigating evidence to the fact finders in the sorts of cases the authors are discussing.

Habeas Corpus Unbound, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin to …

Compulsory Voting And Black Citizenship, Ekow N. Yankah

Fordham Law Review

Protesting Black votes is part of our history of rejecting Black Americans as legitimate wielders of political power and contesting the fullness of Black citizenship. Obviously, hostility toward viewing Black Americans as deserving of the rights owed to other Americans is present in nearly every aspect of American life. But, among the oldest and most contentious hostilities—from the Civil War to Reconstruction to the Civil Rights Movement to contemporary voter suppression efforts—has been the resistance against Black votes. Any opportunity to quell this locus of racial animus calls for urgent address. Particularly, at this moment, when long-standing prophylactic measures such …

An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein

Fordham Law Review

Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement mobilized in the 1970s, victims, instead of remaining passive witnesses, came to wield significant influence over the release decision process. Today, victim participation in parole proceedings is increasing as most parole boards proclaim how important victims’ voices are and, in turn, actively incorporate victim input into their release calculus. Yet, it …

Co-Creating Solution-Focused Conversations In Disagreement, Marcella D. Stark, Rayya Ghul, Marjan Gryson, Brian Jennings, Jonas Wells

Journal of Solution Focused Practices

No abstract provided.

November 2021 Complete

Journal of Solution Focused Practices

No abstract provided.

President's Commission On The Status Of Women: Fall 2021 Report, University Of Dayton

Women's Center Reports, Commentaries and Other Resources

Announced in fall 2019, the President’s Commission on the Status of Women was convened to illuminate and ultimately enhance the status of women at the University of Dayton by advising the president and other senior leaders on gender equity issues and specific concerns of women-identified faculty, staff, and students. The commission makes recommendations on issues that have particular relevance for women, including but not limited to equity, access, retention, promotion and advancement, and safety and security.

Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert

Michigan Law Review

Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that require courts to consider a defendant’s history of trauma in the contexts of domestic violence and human trafficking. There has also been no attempt to explore how these statutes relate to each other. This Note fills those gaps. It also identifies essential elements …

Counseling Women In Prison On Forgiveness, Guilt, And Shame, Lashawnda Denise Key

Doctoral Dissertations and Projects

There is a lack of adequate counseling on forgiveness, guilt, and shame in the women’s prison. Without effective counseling on those subjects while incarcerated, there is potential for the female offender to reoffend. Adequate counseling could increase the recidivism rate. Counselors in the prison system address behavior issues, acclimation of prison life and rehabilitation programs. Addressing the issues that precipitates criminal behavior and helping the offender understand the factors that lead them to engage in criminal behavior are overly complex. With passable counseling the offenders have the propensity to release the hurt and pain they have lived with and become …

Troubling Solutions Through Anthropological Fieldwork: Mediation Research In Ghana, Australia, And The United States, Alexandra Crampton

Social and Cultural Sciences Faculty Research and Publications

Social workers and anthropologists encounter different representations of mediation as a professional practice: On the one hand, Social Work is grounded in mediation as expert knowledge that helps others to resolve interpersonal disputes. For example, mediation as Alternative Dispute Resolution (ADR) can enable court cases to resolve without formal trials. On the other hand, Anthropology is grounded in mediation as a research field site and by past intervention experience of anthropologists. As mediation professionalized and became mandated across public institutions, anthropologists became strong ADR critics. Academic debate between mediation proponents and critics ended as critics abandoned research in the 1990s …

Does A State Violate Rluipa By Prohibiting An Inmate's Pastor From Laying Hands On Him And Audibly Praying During The Execution Process?, David L. Hudson Jr.

Law Faculty Scholarship

This article examines Ramirez v. Collier, a United States Supreme Court case addressing the scope of religious liberty protections afforded to death-row inmates under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The case centers on whether Texas prison officials violate RLUIPA by prohibiting an inmate’s pastor from laying hands on him and praying audibly during the execution process. The dispute requires the Court to evaluate (1) whether such prohibitions substantially burden sincerely held religious beliefs, (2) whether the state satisfies RLUIPA’s strict scrutiny standard by demonstrating a compelling governmental interest advanced through the least restrictive …

Openline Newsletter, November 2021, Civil Service Council

OpenLine Newsletter

A monthly newsletter for Civil Service employees, November 2021.

Should Employment Division V Smith Be Overturned?, Jake Greenblum, Ryan Hubbard

School of Medicine Publications

Health professionals seeking religious exemption from caring for some patients or providing some interventions receive robust legal protection. Similarly, religiously affiliated organizations have great latitude in deciding which services to offer. These protections could soon become stronger, as the US Supreme Court considers 2 cases that revisit constraints on exemption claims established in Employment Division, Department of Human Resources of Oregon v Smith (1990). This article contends that overturning this case’s precedent might result in clinicians claiming more religious exemptions, which, barring acts of US Congress, would erode the rule of law and increase risk of harm to patients.

An Exploration Of The Psychological Impact Of Hacking Victimization, Alexa Palassis, Craig P. Speelman, Julie Ann Pooley

Research outputs 2014 to 2021

Cybercrime has rapidly grown in prevalence and potential for harm and disruption for victims. Studies have examined the adverse psychological impact of cybercrime for victims; however, the specific effects for victims of hacking are unexplored. The present study aimed to investigate the psychological impacts of hacking victimization through exploration of the experience of victims of hacking. The study employed an in-depth phenomenological approach to explore the experiences of 11 victims of hacking. Semi-structured interviews were used as a tool for data collection, and thematic analysis of the data revealed four main themes: emotional impact; an increased sense of vulnerability; a …

Criminal Conviction History And Psychiatric Symptom Severity In An Outpatient Trauma Clinic, Kayling J. Beiter, Elizabeth Whitham, Adina Suss, Erika Rajo, Erich J. Conrad

Journal of the Louisiana Public Health Association

Background: Physically traumatic injuries (PTIs) occur frequently among individuals with past criminal convictions, and PTIs often result in posttraumatic stress disorder (PTSD) and depression; non-treatment increases risk of crime and PTI recidivism. The objective of this study was to assess rates of PTSD and depression symptom severity before and after 6 sessions of engagement with an evidence-based outpatient trauma recovery program among cohorts with and without conviction history. Methods: Individuals who were treated for a PTI at a Level 1 Trauma Center were offered connection to the hospital’s associated outpatient trauma recovery program targeting PTSD, depression, and other mental health …

Incarceration Of A Household Member During Childhood And Health-Related Quality Of Life, Amy Hilliker, Andrei Stefanescu

Journal of the Louisiana Public Health Association

No abstract provided.

The Impacts Of Police Raids On Female Strippers In New Orleans, Alexandra Jaoiche, Allie Beth, Jeni Stolow, Gretchen Clum

Journal of the Louisiana Public Health Association

No abstract provided.

Chimes: November 1, 2021, Calvin University

Chimes

Sociology department launches criminology major by Jocelyn Nunez-Colon

As RCA congregations consider splitting, they do so with grace by Isaiah Tenhuisen

How Calvin's parking stacks up to the competition by Abigail Ham

Class registration and academic planning are about to get a major facelift by Lauren Vanden Bosch

Art history professor curates newsletter with global audience by Grace Toma

Sports analogies in political science: Slam dunk or strikeout? by Isaiah Tenhuisen

Health Services to offer COVID-19 booster shots on campus by Sarah Gibes

Halloween at Calvin: From 1958 riots to 2021 rollerblade parties by Timothy Lin

This land has a …

A Room With A View: Experiences Of Moms Off Meth Using Heuristic Inquiry, Joey Leigh Gude

Doctoral Dissertations and Projects

Methamphetamine related consequences continue to darken many families and communities. Multiple service provider types are often overburdened in dealing with the reality of methamphetamine misuse (Brownstein et al., 2012). This research explored the impact of the methamphetamine epidemic with a specific focus on mothers with methamphetamine addiction. Mothers present with a myriad of challenges, and inadequate contextual information exists to address these challenges (Alexander et al., 2018; Bathish et al., 2017; Cunningham & Finlay, 2013). This qualitative heuristic inquiry sought to illuminate experiences of methamphetamine addiction in mothers. The qualitative research questions sought to give a voice to the lived …

Creating Academic-Community Partnerships To Jointly Enhance Advocacy And Research On Violence And Disability: Two Case Examples, Emily M. Lund, Rosemary B. Hughes, Katherine E. Mcdonald, Sandra Marie Leotti, Marsha Katz, Leanne Beers, Christina Nicolaidis

School of Social Work Faculty Publications and Presentations

Objective: This article describes the use of community-based participatory research (CBPR) to foster bidirectional and equitable academic-community partnerships in two studies related to interpersonal violence and disability. Method: We analyzed our methods and experiences in conducting these studies to focus on the ways in which CBPR methodology was used to jointly promote and enhance research and advocacy surrounding violence and disability in the research processes themselves and the resulting assessment and intervention products. Results: Our use of CBPR methodology allowed us to identify and address critical issues related to violence in the disability community, such as disability-related forms and experiences …

The Metropolitan Government Of Nashville And Davidson County, Tennessee; Comprehensive Annual Financial Report For The Year Ended June 30, 2021, Davidson County (Tenn.). Department Of Finance.

Tennessee County Audit Reports

No abstract provided.

Parental Understanding Of Special Education Legislation And Case Law, Advocacy, And Perceptions Of The Iep Process For Children With Autism, Rachel Treshan

Theses and Dissertations

Despite the legal statutes in place that mandate parental participation in the individualized education program (IEP) process, the decision-making process is mainly dominated by educators. In addition, information on parental perceptions of IEP meetings is limited, especially in regard to parents of children with autism. Parental understanding of special education legislation and case law, advocacy, and perceptions of the IEP process for children with autism was explored in this study. Using a generic qualitative approach, 11 parents of children ages 3 to 13 years old with autism were interviewed via Zoom to develop an understanding of their experiences. Data were …

A Scoping Review Investigating Relationships Between Depression, Anxiety, And The Prep Care Continuum In The United States, Sarah J. Miller, Sayward Harrison, Kamla Devi Sanasi-Bhola

Faculty Publications

Men who have sex with men and transgender women in the United States are at increased risk for HIV and may benefit from pre-exposure prophylaxis (PrEP), a once-a-day pill to prevent HIV. Due to stigma and discrimination, sexual and gender minority (SGM) populations are also at risk for depression and anxiety. This scoping review sought to identify literature addressing relationships between the PrEP care continuum, depression, and anxiety among SGM individuals and others at high risk for HIV. We conducted a systematic review of four databases (i.e., PubMed, PsycInfo, Web of Science, Google Scholar) and identified 692 unique articles that …

On Assessing The Scope Of Missing Native Americans In Nebraska: Results From A State-Wide Study And Recommendations For Future Research: On Assessing The Scope Of Missing Native American Persons: Results From A State-Wide Study And Recommendations For Future Research, Tara N. Richards, Emily M. Wright, Alyssa Nystrom, Sheena Gilbert, Caralin Branscum

Criminology and Criminal Justice Faculty Publications

Recent legislation in multiple states has called for studies on the scope of missing Native American persons. Here we report on one such study from Nebraska by first describing the practical and methodological issues for researchers to consider when examining data on missing Native persons. Then, using data from four point-in-time-counts in 2020, rates of Native American missing persons as well as case contexts over the study period are reported. Findings show that Native Americans are disproportionately represented among Nebraska's missing persons, that reports often involve minor boys, and that cases are dynamic and most are resolved quickly. Relatedly, most …