Digital Commons Network^™

Grey State, Blue City: Defending Local Control Against Confederate “Historical Preservation”, Sage Snider

Vanderbilt Journal of Entertainment & Technology Law

Confederate monuments have become lightning rods across the American landscape. While these ubiquitous symbols have spread Lost Cause propaganda for over one hundred years, they have also instigated unprecedented protest and violence since the 2015 Charleston massacre, 2017 Charlottesville rally, and 2020 George Floyd murder. In response, southern state legislatures have passed preemptory “statue statutes,” laws that obstruct left-leaning cities from removing Confederate monuments. This Note compares the political and legal strategies cities and citizens have used to overcome these legal barriers, both in opposition to individual monuments and statue statutes themselves. Using Tennessee’s Historical Commission waiver process as a …

Gambling On The Blockchain: How The Unlawful Internet Gambling Enforcement Act Has Opened The Door For Offshore Crypto Casinos, Samuel H. Brown Vii

Vanderbilt Journal of Entertainment & Technology Law

Online cryptocurrency casinos have seen a dramatic rise in popularity over the past thirty years as the rate of ownership of cryptocurrencies has risen almost as quickly as the US monetary value of a single Bitcoin. Current US laws and regulations are outdated; the only piece of federal legislation that provides oversight in the area of virtual gambling originated in 2006, more than fifteen years before the publication of this Note. Previous scholarship suggests that a lack of federal action has resulted in a surge of criminal activity, such as money laundering and tax evasion, as well as significant missed …

China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant

GW Law Faculty Publications & Other Works

The People’s Republic of China (PRC) has begun to use sanctions against people who speak out against its policies, including even lawyers in their ordinary work representing the interests of their clients. This paper explores the deleterious impact such sanctions can have on the entire legal profession, the broader community putatively served by the profession, and the rule of law.

The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

GW Law Faculty Publications & Other Works

In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …

Money Doesn’T Grow On Trees: Civil Asset Forfeiture Reform Is A Necessary Precursor To Police Reform, Elizabeth Weaver

Missouri Law Review

Communities are scrutinizing the credibility of law enforcement as concerns associated with unfair treatment and police misconduct mount. Despite ever-present demands for reform, law enforcement policy and practices continue to undercut efforts to build community relationships. Calls to defund police, whether by abolitionists or those who argue that modern policing encompasses job duties law enforcement should never perform, entered mainstream conversations about police reform after the death of Eric Garner in 2014, and reemerged when George Floyd was murdered in 2020. While it is true that financial constraints can force policy change, defunding the police could have unintended negative consequences …

Demographic Characteristics Of Individuals Needing Treatment For Substance Use Disorder, Amber Hill

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Introduction:

While multiple options are available for the treatment of substance use disorders (SUD), 9% of individuals reported needing treatment within the last year for illicit drug or alcohol use, according to the 2020 National Survey for Drug Use and Health (NSDUH). Despite concerns about widespread disparities in healthcare access and outcomes, there are limited current data regarding demographic characteristics of individuals that need treatment. It is crucial to identify these characteristics from population-based data in order to develop and implement targeted public health interventions.

Methods:

The NSDUH is an annual, nationwide survey that collects data about substance use and …

Pretrial Disparity And The Consequences Of Money Bail, Miguel De Figueiredo, Dane Thorley

Faculty Articles and Papers

Catalyzed by the Black Lives Matter protests in 2020, support for criminal justice reform in the United States has become a groundswell, with reformers demanding an end to racial and socioeconomic disparities in all aspects of policing, prosecution, adjudication, and incarceration. While high-profile cases of police misconduct during arrest remain in the limelight, a growing and politically diverse chorus of voices is calling for change at the first point of contact between a defendant and the court system: the bail hearing. Bail decisions are highly consequential in terms of their scale and impact on the lives of defendants, their families, …

Decision Making And Reform Within The United States Criminal Justice System, Rainita Narender

CGU Theses & Dissertations

The United States Criminal Justice System has undergone massive legislative reform in the past decade. These reforms have prompted a demand to analyze the benefits and potential unintended consequences of proposed policies and legislation. The following dissertation measures policy implications across three types of actors in the criminal justice system: 911 call-takes, prosecutors, and law enforcement. As most citizen-officer interactions arise from 911 calls for service, the first chapter of this dissertation is a study on the “priming” effect 911-call-takers have on officer decision to arrest and use force on calls for service in Dallas, Texas (2013-2018). In this work, …

The Effects Humidity & Temperature Has On Dna Contamination During Storage, Samantha Leigh Allison Ramey

Graduate Student Theses, Dissertations, & Professional Papers

Studies have been conducted on DNA cross-contamination throughout the criminal investigation process in order to evaluation the possibility that DNA from one sample could potentially influence the outcome of another. However, no published studies have examined the potential for contamination during the storage of genetic evidence after samples have been taken from crime scenes or suspects. This study is a continuation of a preliminary project, which examined storage drying time in relation to cross-contamination. The current study tested temperature and humidity for the potential of cross-contamination during storage prior to extraction. Prior to storage, 50 μl of male saliva was …

Tennessee Blue Book 2021-2022, Tennessee. Secretary Of State.

Tennessee Blue Book

No abstract provided.

A Social Constructivism View Of Police Community Relations In Saint Louis' Inner-City Communities, Tyrone Carter

Walden Dissertations and Doctoral Studies

The implementation of policies and initiatives often have adverse effects, causing societal harm or encouraging unprecedented events. Proactive policing strategies like Stop and Frisk Initiatives or similar tactics have historically caused trust issues between Missouri law enforcement and the community they protect and serve, complicating an inevitable relationship needed to enhance public safety. This research sought to examine how community public perception and social constructions influence government laws and statutes in Saint Louis. The theory that guided this study was the Social Constructions of Target Populations Theory; the case study examined how implicit biases in law enforcement shape the perceptions …

Effectiveness Of Responsible Beverage Service Policies In Reducing Drunk-Driving In Maryland, Rhoda Makinde

Walden Dissertations and Doctoral Studies

In the State of Maryland and across the United States, driving under the influence (DUI) has led to a massive loss of lives and disability cases. Hence, responsible beverage service (RBS) policies and programs have been developed to prevent and control DUI incidence. This study sought to identify the effectiveness of these policies in addressing the DUI-related fatalities and injuries among young adults (18–30 years old) in the State of Maryland. Using program theory to evaluate the effectiveness of RBS policies and programs in reducing DUI, this qualitative research sampled bar patrons, club patrons, and alcohol servers/service staff in Baltimore. …

Safety Splash: Pool Safety For Children And Adults, Rachel Lofton

Honors Program: Senior Projects (Public)

This outreach project was made to address the issue of too many children drowning at pools due to a lack of water safety education. The dissemination of pool safety education is imperative to reduce accidental injuries and drownings. The goal of the Safety Splash video and supplemental materials is to provide pool safety education for children and adults. By encouraging conversations between children and adults before going to the pool, there can be an intervention that reduces the risk of injury and drowning once they arrive. Through research, I compiled information to support the effectiveness of a combination video, pamphlet, …

Third-Party Retaliation Problems, Alex B. Long

Emory Law Journal

No abstract provided.

Non-Profit Organizations Should Prioritize Governance In Board Selection Decisions—Those That Prioritize Money May Pay Too Much, Heidi Grunwald, Daniel Isaacs

Fordham Journal of Corporate & Financial Law

Non-profit corporations must comply with federal tax laws, and their governing bodies must satisfy corporation law-based duties, but they are not subject to the regulatory requirements of publicly traded corporations. This discrepancy should be troubling, because the stakeholders of non-profit organizations are far more vulnerable than the typical investor. Accordingly, non-profit boards have a particularly strong need for good governance. However, our research shows that non-profit board members believe that board selection procedures prioritize giving over the ability to attract and retain members with attributes commonly associated with good governance. To address this problem, we argue that laws should require …

Sb 319: Chairman John Meadows Act, Diana S. Skowronski, Virginia Eith

Georgia State University Law Review

This Act removes the requirement to obtain a weapons carry license to carry concealed weapons in public spaces. The Act makes it lawful to carry a firearm in public so long as the individual is eligible for a license, has a license, or has a license in different state, and is not prohibited by law from possessing a firearm. Additionally, the Act applies the new licensing standard to provisions regarding the use or possession of a firearm in a park, historic site, or recreational area; courthouses, government buildings, and parking lots; at schools; by service members of the armed forces; …

2022 International Crisis And Risk Communication Conference Program, Conference Organizers

International Crisis and Risk Communication Conference

Program to the to the 11th Annual International Crisis and Risk Communication Conference sponsored by the Nicholson School of Communication and Media.

Impact Of Counsel Type On Initial Release Decisions And Case Outcomes, Nefertari Elshiekh

Honors Undergraduate Theses

When a defendant is arrested, they can choose to either hire a private attorney to represent them, have appointed counsel such as a public defender, or have no representation. While the Sixth Amendment guarantees the right to counsel regardless of a defendant’s ability to pay, this counsel is not always required at first appearance. In fact, only 14 states have made it a requirement to have counsel at first appearance, and even in those states, counsel is not always appointed immediately. However, at first appearance, the judge determines whether to release the defendant pending trial, and if the defendant is …

Contracting Tools For Transportation Data, Suzanne Bell, Olivia Dworkin

Journal of Law and Mobility

Troves of transportation data can be, and are, produced by smart infrastructure. Municipalities collect various kinds of transportation data, including traffic information such as accidents, flows, and volumes; bicycle information such as bike counts; pedestrian information such as pedestrian counts; smart bus stop information; street mapping information; location information for traffic signals; mapping details such as the miles of city streets; and information on roadwork and infrastructure planning such as construction or road closures expected to affect traffic.

Governments, educational institutions, non-profit enterprises, and businesses find transportation data useful for purposes such as improving infrastructure, reducing traffic congestion, improving vehicle …

The Impact Of A Growth Mindset Intervention On Growth Mindset, Self-Efficacy, & Learning Behaviors Of Adult Esol Learners At A Technical College, Wei-Chun Stiskin

Electronic Theses and Dissertations, 2020-2023

The purpose of this mixed study was to determine the impact of a growth mindset intervention on adult ESOL learners' growth mindset, self-efficacy, and learning behaviors at a technical college. This study adopted paired samples t test to analyze quantitative component part of the study, including pre and post Growth Mindset Surveys and Self-Efficacy Surveys. For the qualitative component of the study, participants' interview responses were recorded and analyzed to explore their perspectives on the quantitative part of the study. Quantitatively, the findings of the study showed that there was no significant difference between growth mindset intervention and adult ESOL …

Humans In Algorithms, Algorithms In Humans: Understanding Cooperation And Creating Social Ai With Causal Generative Models, Lux Miranda

Electronic Theses and Dissertations, 2020-2023

Cooperation is the hallmark human trait which has allowed us to congregate into the vast, continent-sprawling societies we live in today. Yet, the precise social, environmental, and cognitive mechanisms which enable this cooperation are not fully understood. Toward this, lucrative insights have been borne through the use of formal computational models of socio-cognitive phenomena: In simulating our own cooperative behavior, we can better deduce the exact factors which cause it. The combined knowledge of these factors and ability to computationally simulate them allows us to further two goals: First, it empowers us with the knowledge of how to modify our …

Prison Medical Deaths And Qualified Immunity, Andrea Craig Armstrong

Journal of Criminal Law and Criminology

The defense of qualified immunity for claims seeking monetary damages for constitutionally inadequate medical care for people who are incarcerated is misguided. According to the U.S. Department of Justice, medical illness is the leading cause of death of people incarcerated in prisons and jails across the United States. Qualified immunity in these cases limits accountability for carceral actors, thereby limiting incentives for improvements in the delivery of constitutionally adequate medical care. The qualified immunity defense also compounds other existing barriers, such as higher subjective intent standards and the Prison Litigation Reform Act, to asserting legal accountability of prison and jail …

Risk-Based Sentencing And The Principles Of Punishment, Christopher Lewis

Journal of Criminal Law and Criminology

Risk-based sentencing regimes use an offender’s statistical likelihood of returning to crime in the future to determine the amount of time he or she spends in prison. Many criminal justice reformers see this as a fair and efficient way to shrink the size of the incarcerated population, while minimizing sacrifices to public safety. But risk-based sentencing is indefensible even (and perhaps especially) by the lights of the theory that supposedly justifies it. Instead of trying to cut time in prison for those who are least likely to reoffend, officials should focus sentencing reform on the least advantaged who tend to …

Rethinking Prison For Non-Violent Gun Possession, Robert Weiss

Journal of Criminal Law and Criminology

Whatever the wisdom or folly of the belief, Americans who live in violence-affected neighborhoods often believe they need a gun for self-defense. Yet many are, due to age or criminal record, unable to legally possess a firearm. The result is a Catch-22 they describe as either being “caught with a gun . . . [or] dead without one.” Indeed, Chicago, Philadelphia, and other cities imprison thousands of mostly young, Black men each year for non-violent gun offenses. These offenses do not involve firing or wielding a gun, but simply being found in possession of one—commonly, during a routine traffic stop …

Parents Versus Parens Patriae: The Troubling Legality Of Germany's Homeschool Ban And A Textual Basis For Its Removal, Luke Julian

Emory International Law Review

The Romeikes, a family from Germany, sought to educate their children in accordance with their religious values. The family observed that no local schools educated children in alignment with their values. In response, the family sought an exemption from Germany’s homeschooling ban. In a string of court cases, Germany refused to accommodate the family’s request, finding that the parents’ right to educate their children in alignment with their values was outweighed by the state’s obligation to educate. With no recourse left in Germany, the parents petitioned the European Court of Human Rights to recognize their right to homeschool according to …

2022 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Annual Report 2022, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

Mission Statement The Nebraska Center for Justice Research’s (NCJR) mission is “to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety.” Our research focus is to use data, research, and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety in Nebraska with an emphasis on reducing prison overcrowding

Good Intentions: Administrative Fiat And The General Welfare Exclusion, Samuel D. Brunson, Christian A. Johnson

Faculty Publications & Other Works

Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless Congress explicitly exempted the income from taxation. But in the income tax’s second decade, the Bureau of Internal Revenue created an exception to the broad reach, an exception not grounded in any type of Congressional enactment. The Bureau’s practice of excluding certain benefits began innocuously in the late 1930s by excluding certain social security benefits from gross income. Over the decades, the IRS has used what it now refers to as the “general welfare exclusion” to exclude …

Workplace Violence Prevention For Nurses And Healthcare Workers In The State Of Maine A Health Policy Initiative, Gretchen Forsley

DNP Scholarly Projects

Abstract

Background: Health care workplace violence is a pervasive and persistent problem, underreported, and when reported it is tolerated, excused, or ignored. Prior to the pandemic, the “normal” demands of a stressful workplace for a resilient nurse might include short staffing, a lack of resources, violence, bullying, and disruptive behaviors from patients or families. Since the pandemic, the rates of increasing healthcare violence can be attributed to several factors such as delays in care and services, reducing admissions and procedures, consistent understaffing, a lack of adequate mental health services, increased violence against women, limited or no visitor policies, low-security coverage, …

Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson

Mitchell Hamline Law Review

No abstract provided.