Digital Commons Network^™

Biased In A World Of Bias: A Cognitive And Spiritual Approach To Knowing Racial Justice, Stephen Calme

Dissertations (1934 -)

Even whites who desire racial justice often fail to recognize systemic racism and their complicity in it. Antiracist scholars such as Charles W. Mills and Barbara Applebaum identify this white ignorance as an active ignorance that results from a desire to maintain power and a sense of moral innocence. Whites’ disagreement with antiracist ideas is therefore received as an act of resistance rather than an honest contribution to dialogue. One overlooked aspect of whites’ response is white epistemic disorientation, a felt inability to participate in the knowing process about issues of race. To help whites understand this identity-threatening disorientation, I …

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

Coalition For Prisoners' Rights Newsletter, Vol. 46-C, No. 10, Coalition For Prisoners' Rights

Coalition for Prisoners' Rights Newsletters

No abstract provided.

Reforming State Bail Reform, Shima Baughman, Lauren Boone, Nathan H. Jackson

Utah Law Faculty Scholarship

We are waist-deep in the third wave of bail reform. Scholars, policy makers, and the public have realized that the short period of detention before trial creates ripple effects on a defendant’s judicial fate and has lasting impacts on our system of mass incarceration. Over 200 proposed bail bills are pending throughout the states. This is not the first period of bail reform in America—two previous waves of bail reform in the 1960s and 1980s have both ended in increased pretrial detention for defendants. Some of the recent efforts in the third wave of bail reform have also increased detention …

What Is Wrong With Intimate Partner Abuse And Why It's Criminalization Might Not Be Right, Galia Schneebaum

Cardozo International & Comparative Law Review

Considering a contemporary debate between United States ("US') and United Kingdom ("UK') approaches, this article probes the appropriateness of criminalizing non-violent abuse in intimate partner relationships. Criminal lawyers in the US and the UK are divided on prohibiting intimate partner abuse. Whereas US jurisdictions retain a traditionalfocus on physical injury, England and Wales enforce a novel prohibition on "controlling or coercive behavior," covering conduct such as micromanaging intimate partners'schedules or restricting their behaviors through rules. While the US approach has been criticized as conservative, this article questions the progressiveness of the UK approach. It suggests, first, that in prohibiting "controlling …

The End Of Liberty, Adam J. Kolber

Faculty Scholarship

No abstract provided.

Framing Indigenous Identity Inclusion In Positive Youth Development: Proclaimed Ignorance, Partial Vacuum, And The Peoplehood Model, Joshua Farella, Joshua Moore, Juan Arias, Jeremy Elliott-Engel

Journal of Youth Development

Indigenous youth are systemically underserved by 4-H and other positive youth development (PYD) organizations. Many underserved First Nation communities in the United States could greatly benefit from programs that foster youth thriving; however, these programs tend to be ineffective in creating culturally reflective spaces for Indigenous participants. In this article, we argue that the Peoplehood Model should serve as a unifying model for the inclusion of Indigenous identity in programming, and that cultural humility should be firmly integrated into program design and assessment. We also propose that, to support Indigenous youth thriving, PYD practitioners must intentionally create a “partial vacuum” …

Juvenile Justice Realignment: A Policy Analysis Of California Senate Bill 823, Stewart Patri

Master's Projects

New legislation (Senate Bill 823) in the State of California, to realign the serious felony juvenile offender population from state facilities to county facilities, will go into effect July 1, 2021 (SB823, 2020). County probation departments will now be faced with determining how to provide adequate programming to a new population type of serious offender that includes adults in the age range of 18 to 25 years old. This places pressure on smaller county agencies to either find a cost-effective solution to modify their current facilities and programs or send this population to other county agencies. This research project analyzes …

Collaterally Attacking The Prison Litigation Reform Act's Application To Meritorious Prisoner Civil Litigation, Melissa Benerofe

Fordham Law Review

Earlier this year, the Prison Litigation Reform Act (PLRA) reached its twenty-fifth birthday, reinvigorating discussion on its effects on people in prison and the U.S. criminal justice system more broadly. This Note examines how the PLRA deters and obstructs prisoners’ ability to file meritorious civil rights lawsuits regarding the conditions of their confinement. The PLRA does so primarily through four of its provisions, which this Note refers to as the “access provisions.” The access provisions include: (1) the exhaustion of administrative remedies; (2) the filing fee provision; (3) the three-strikes rule; and (4) limitations on attorney’s fees. This Note argues …

Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich

Fordham Law Review

Although they are artificial entities, corporations are operated, managed, and represented by people. Sometimes, these people have personal interests at stake—interests that are separate and distinct from the corporation’s interests and that arise from these people acting in their corporate roles. These personal interests and related potential liabilities range from employment concerns and civil liability to criminal prosecution and imprisonment. Until now, however, the law has determined that, in most situations, a corporation’s lawyer neither represents the corporation’s constituents nor their personal interests. The corporate lawyer, therefore, has the challenging role of discharging the proper ethical and legal obligations to …

Praxis And Paradox: Inside The Black Box Of Eviction Court, Lauren Sudeall, Daniel Pasciuti

Vanderbilt Law School Faculty Publications

In the American legal system, we typically conceive of legal disputes as governed by specific rules and procedures, resolved in a formalized court setting, with lawyers shepherding both parties through an adversarial process involving the introduction of evidence and burdens of proof. The often-highlighted exception to this understanding is the mass, assembly-line processing of cases, whether civil or criminal, in large, urban, lower-level courts. The gap left unfilled by either of these two narratives is how "court" functions for the average unrepresented litigant in smaller and nonurban jurisdictions across the United States.

For many tenants facing eviction, elements of the …

The Impact Of Separate Opinions On International Criminal Law, Nancy Amoury Combs

Faculty Publications

Dissents have had a tumultuous history in national and international courts throughout the world. Initially reviled, dissents have come to be a well-accepted, even praiseworthy, component of the American judicial system, and they have traversed the same trajectory in other countries as well as in international courts and tribunals. Particularly noteworthy among international courts are those created to prosecute perpetrators of mass atrocities, such as genocide, crimes against humanity, and war crimes. And nowhere are dissents more common than in these mass atrocity courts. Yet, as prevalent as these dissents are, they have received virtually no scholarly or practical attention. …

The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb

Faculty Publications

The Sixth Amendment's Confrontation Clause grants criminal defendants the right "to be confronted with the witnesses against" them. A strict reading of this text would transform the criminal justice landscape by prohibiting the prosecution's use of hearsay at trial. But until recently, the Supreme Court's interpretation of the Clause was closer to the opposite. By tying the confrontation right to traditional hearsay exceptions, the Court's longstanding precedents granted prosecutors broad freedom to use out-of-court statements to convict criminal defendants.

The Supreme Court's 2004 decision in Crawford v. Washington was supposed to change all that. By severing the link between the …

The Lifelong Effects Of Childhood Trauma, Jacayla Litwiller

Master's Theses & Capstone Projects

Adverse childhood experiences (ACEs) continue in a cycle, as evidence in research literature. Those who have experienced ACEs are likely to continue the cycle with their own children. As a result, children with ACEs are an increasing reality for educators who often see the immediate and short-term effects of trauma. What is not commonly understood among educators are the significant lifelong health effects of ACEs. This literature review examines the life-long effects of ACEs on physical, mental, intellectual, and occupational health. The effects include a shorter life expectancy and a lower quality of life.

Reform, Retrench, Repeat: The Campaign Against Critical Race Theory, Through The Lens Of Critical Race Theory, Vivian E. Hamilton

William & Mary Journal of Race, Gender, and Social Justice

The protest movement ignited by the 2020 murder of George Floyd was of a scale unprecedented in U.S. history. The movement raised the nation’s consciousness of racial injustices and spurred promises—and the beginnings—of justice-oriented reform. Reform and racial progress, however, have rarely been linear over the course of U.S. history. Instead, they typically engender resistance and retrenchment. The response to the current justice movement is no exception. One manifestation of the retrenchment has been a rush by states to enact legislation curtailing race-related education in government workplaces and in public schools, colleges, and universities.

These legislative measures purport to prevent …

Race-Based Remedies In Criminal Law, Ion Meyn

William & Mary Law Review

This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring public safety. As jurisdictions assiduously attempt race-neutral fixes, they also acknowledge the shortcomings of such interventions. Nevertheless, jurisdictions dismiss the feasibility of deploying more effective race-conscious strategies due to the shadow of a constitutional challenge. The apprehension is understandable. Debates around affirmative action in higher education and government contracting reveal fierce hostility toward race-based remedies.

This Article, …

The Lawyer: Fall 2021, Seattle University School Of Law

Lawyer

No abstract provided.

"I Now Feel More Comfortable Advocating For People:" Student Reflections On Service Learning, Elissa Thomann Mitchell, Erin E. Gilles

Journal of Human Services: Training, Research, and Practice

To provide meaningful experiential learning activities for students outside of the classroom, many social work programs are including service learning as a curricular component. Indeed, research shows that service learning is a widespread practice in higher education across academic majors. This study uses qualitative data from from 34 students in two sections of a master’s-level social work course to explore student experiences with service learning. Major themes from the students’ data are presented here. Students reported both liking and being challenged by the freedom to tailor their own experiences, described developing new skills, reported being able to apply course content/learn …

Constitutional Or Political Crisis: Prosecutorial Independence, The Public Interest, And Gender In The Snc-Lavalin Affair

UBC Law Review

No abstract provided.

The Spatial Variability Of Crime: A Review Of Methodological Choice, Proposed Models, And Methods For Illustrating The Phenomenon, Matthew D. Spencer

Theses and Dissertations

The spatial analysis of crime has occurred for nearly two centuries. Within criminology, research interests that have developed from the use of spatial methodologies seek to identify the spatial variability and concentration of crime. The first focus utilizes spatial statistics and mapping to describe and illustrate spatial variability. The second focus uses statistical techniques to describe levels of concentration such as the percentage of crime attributed to a unit. Due to the larger breadth of work and multiple analytical components the former will be the focus of this research.

This multi-study dissertation explores the methods currently used to study the …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"BYU Law recognizes the inherent dignity and equality of each individual and welcomes people from the full range of human experience. We are committed to the teachings of Jesus Christ and honor His many roles, including healer, peacemaker, mediator, counselor, advocate, lawgiver, and judge. In striving to emulate His example, we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor." – new Mission Statement

Ms-13: The Making Of America’S Most Notorious Gang. By Steven Dudley. Toronto, Canada: Hanover Square Press, 2020., Pamela Ruiz, Ph.D.

Journal of Strategic Security

No abstract provided.

The Right To Education Under State Constitutions As Applied To Juvenile Delinquents, Laurenne Ferber-Kaufmna

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the U.S. Constitution does not guarantee a fundamental right to education, many state constitutions, including New York's, explicitly recognize this right for children. It contends that juvenile offenders in New York prisons are entitled to the same educational rights as other children under the state's education clause but are currently not receiving an adequate education that meets state standards. The note advocates for reforms to align New York's juvenile education system with its constitutional obligations and suggests adopting practices from other states, such as Florida and Virginia, to improve educational outcomes for juvenile offenders.

A New Age Of Surveillance: Facial Recognition In Policing And Why It Should Be Abolished, Annslee Perego

Cardozo Journal of Equal Rights & Social Justice

The note argues that facial recognition technology in policing is fundamentally flawed due to its racial bias, erosion of privacy, and suppression of democratic participation. It advocates for the abolition of facial recognition in law enforcement, citing its inherent inaccuracies and societal risks, and proposes regulatory measures to limit its use if outright abolition is not feasible.

Teaching Courtroom Advocacy Principles And Skills Across Systems And Cultures, Christopher W. Behan

Southern Illinois University Law Journal

Increasing global interconnectedness in legal education makes it possible for instructors from different countries and legal systems to collaborate in teaching courtroom advocacy skills courses. This article points out some of the potential pitfalls of teaching across systems and cultures. These include legal ethnocentrism and ignorance of practices and procedures that are culturally appropriate in foreign jurisdictions. The article identifies a set of universal baseline skills and practices that can be adapted for local conditions when developing collaborative advocacy skills training courses.

An Analysis Of Effects Of Vicarious Trauma Among Attorneys: A Descriptive Qualitative Approach To Develop Training Programs Focused On Reducing Vicarious Trauma Among Attorneys, Kyla Eileen Gray

Masters Theses

Vicarious trauma refers to exposure to another person's traumatic experience. Professionals working within the criminal justice system, policing, courts, or mental health are regularly exposed to traumatic events. The idea or expectation that a person can be exposed to this every day and not be affected is unrealistic. A new approach to mitigating and preventing exposure to adverse impacts of vicarious trauma is vital to these employees' mental health. This article focuses on attorneys who work with vulnerable populations and how vicarious trauma affects their everyday professional and personal lives. This paper will discuss the Adverse Childhood Experiences (ACEs), what …

The Criminalization Of Hiv And Hiv Stigma, Deanna Cann

Theses and Dissertations

In an effort to contain the HIV epidemic, lawmakers implemented various pieces of legislation across the United States, including laws that prohibit people living with HIV (PLHIV) from engaging in various behaviors without first disclosing their HIV-status. Public health scholars claim that this criminalization of HIV serves to increase stigma toward PLHIV, rather than prevent its transmission. Limited research has supported a connection between HIV exposure laws and increased stigma toward PLHIV. Still, researchers have yet to establish a causal relationship, and we know little regarding the mechanisms through which these laws serve to reproduce stigma. This study aims to …

Two Steps Forward, One Step Back: How New York’S Bail Reform Saga Tiptoes Around Addressing Economic Inequality, Daniel Chasin

Cardozo Law Review

No abstract provided.

The Jury Trial Reinvented, Christopher Robertson, Michael Shammas

Faculty Scholarship

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 …

Replicability In Empirical Legal Research, Jason M. Chin, Kathryn Zeiler

Faculty Scholarship

As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review article, we summarize the current state of ELR relative to the broader movement towards …