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The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan

Articles by Maurer Faculty

Recently, in Department of Homeland Security v. Thuraissigiam, the Supreme Court upheld 8 U.S.C. § 1252(e)(2), a statutory provision placing restrictions on certain noncitizens from seeking habeas review in the federal judiciary. The Court focused on the Constitution’s Suspension Clause, but it also discussed the Due Process Clause, declaring that there was no violation there either.

One question which flows from this decision is whether the federal courts will soon be precluded from hearing other types of claims brought by noncitizens. Consider ineffective assistance of counsel petitions, which in the immigration law context are rooted in the Due Process Clause. …

Racial/Ethnic Variations In Alcohol And Cigarette Use By Pregnancy Status Among 20- To 44-Year-Old Women, Nhanes 2001–2018, Jacqueline M Hirth, Catherine Valadez, Sandra Gonzalez, Alicia Kowalchuk, Judith A Gutierrez, Roger Zoorob

Faculty, Staff and Students Publications

OBJECTIVES: This study examines alcohol consumption and smoking behaviors by pregnancy status and race/ethnicity in order to inform improved interventions designed to assist women of all races to avoid alcohol and tobacco use during pregnancy for their health and to prevent potential fetal exposure.

METHODS: This retrospective secondary data analysis utilized nationally representative National Health and Nutrition Examination Survey data between 2001 and 2018. Smoking and alcohol use were evaluated by race/ethnicity and pregnancy risk. Sexual behavior, reproductive health, and prescription drug use determined pregnancy risk, categorized as low pregnancy risk, at risk of becoming pregnant, and pregnant. Binary and …

Disparities In Accessing Sexual And Reproductive Health Services And Rights Among Adolescents And Young People During Covid-19 Pandemic: Culture, Economic, And Gender Perspectives, Rogers N Ssebunya, Mafusi Boopa, Diane Nguyen, Lee Ligon

Faculty, Staff and Students Publications

PURPOSE OF REVIEW: As the world grapples with the health systems' challenges during the COVID-19 pandemic, addressing the needs of the already vulnerable adolescents and young people is vital. This narrative synthesis is aimed to highlight the current gender, cultural, and socioeconomic dynamics fueling inequalities to accessing sexual, reproductive health and rights (SRHR) services among adolescents and young people in low- and middle-income countries (LMIC).

RECENT FINDINGS: The COVID-19 pandemic has in most countries exacerbated already existing inequalities due to economic, gender, cultural, and legal aspects. Strategies implemented by most governments to mitigate the spread of the virus have also …

Exploring Double Consciousness For Black Students In K-12 Settings, Virgil Khalid Griffin

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to learn about double consciousness with Black students in K–12settings. The research questions considered how experiences with race and racism altered Blackstudents perspectives on race and racial identity. Moreover, the research questions referencedthe usage of double consciousness for Black students as they navigated K–12 settings. Blackstudents were recruited from colleges and universities in Indiana. Each participant had to beBlack American, between the ages of 18–24, and have experienced all learning in Americanschools. Participants in the study represented various walks of life and educational backgrounds.Semi-structured, one-on-one interviews were completed for each participant. One-on-oneinterviews were intentional. …

I Felt Like I Couldn't Be Myself: The Experiences Of Black First-Generation College Students At Historically White Institutions And The Role Parental Support Played In Their College Navigation, Angelia D. Forrest

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to explore the experiences of Black first-generation college students enrolled at historically White institutions as well as their parents and how parental support influences their experiences in successfully navigating the collegiate process at historically White institutions in order to provide a better understanding of the need for recognition of the cultural capital of Black first-generation college students in order to create an environment that encourages and provides support for college retention and persistence. This study utilized a qualitative research approach to answer the following questions: What are the experiences of Black first-generation college students …

Collective Cognitive Capital, Emily R. Murphy

Faculty Scholarship

This Article calls for a new project for law and neuroscience. It outlines a structural, not individual, application of brain and behavioral science that is aligned with the general goal of basic science research: improving the lives of citizens with a better un- derstanding of the human experience. It asks brain and behavioral science to move explicitly into public policy territory, and specifically onto ground more traditionally occupied by economists—but in ways the project of “behavioral economics” has not yet ventured. Put sim- ply, policy analysts should focus on brains—“collective cognitive capital”—with the same intensity with which they focus on …

Pursuing Citizenship During Covid-19, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

A Health Justice Response To School Discipline And Policing, Thalia Gonzalez, Alexis Etow, Cesar De La Vega

Faculty Scholarship

Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact of school discipline and policing is amplified, with disparities existing at some of the highest rates across multiple categories. And this disproportionality has not diminished during short- and long-term school closures resulting from the COVID-19 pandemic. In fact, schools have employed new models of exclusion in the pandemic setting that operate …

Brains Without Money: Poverty As Disabling, Emily R. Murphy

Faculty Scholarship

e United States has long treated poverty and disability as separate legal and social categories, a division grounded in widespread assumptions about the “deserving” and “undeserving” poor. In the case of disability, individuals generally are not thought to be morally responsible for their disadvantage, whereas in the case of poverty, individuals are assumed to be at fault for their disadvantage and are therefore less deserving of aid. This Article argues that recent advances in brain and behavioral science undermine the factual basis for those assumptions. Poverty inhibits brain development during childhood and, later in life, adversely affects cognitive capacities that …

Colorblind Nationalism And The Limits Of Liberalism, Ming Hsu Chen

Faculty Scholarship

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …

The New Racial Wage Code, Veena Dubal

Faculty Scholarship

The legal identity of on-demand platform workers has become a central site of conflict between labor and industry. Amidst growing economic inequality, labor representatives and workers have demanded that platform workers be afforded em­ ployee benefits and protections, including minimum wage and overtime rights. Plat­ form industrialists, meanwhile, have proffered a new regulatory category of worker­ neither employee nor independent contractor-that limits the protections available to the workforce, legalizes unpredictable, digitally-personalized piece-pay, and con­ stricts a worker's right to negotiate different terms. To date, legal and socio-legal scholars have primarily analyzed this third category of worker, codified by Proposi­ tion …

Critical Race Feminism, Health, And Restorative Practices In Schools: Centering The Experiences Of Black And Latina Girls, Thalia Gonzalez, Rebecca Epstein

Faculty Scholarship

Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in educa- tion practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the em- pirical evidence that has been gathered on school-based restora- tive justice has framed and named RP as a behavioral interven- tion aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is …

Public Undersight, Christina Koningisor

Faculty Scholarship

No abstract provided.

Secrecy Creep, Christina Koningisor

Faculty Scholarship

Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on federal secrecy, rarely exploring secrecy in other contexts. This Article addresses this gap. It turns its attention to state and local government secrets, applying the lens of federal secrecy to the subfederal regime. In doing so, it identifies a troubling new development in state and local law: the migration of powerful federal secrecy protections, initially developed to shield the national security state, into the state and local context. I refer to this process as “secrecy creep.” By illuminating the architecture …

In Search Of The Public Interest, Jodi L. Short

Faculty Scholarship

“Public interest” standards in statutory delegations to agencies represent the greatest hopes and the darkest fears of the U.S. administrative state. On the one hand, the public interest standard provides a vessel for agencies to infuse policymaking with the moral and ethical commitments of the community. On the other hand, regulation in the public interest opens the door to the arbitrary exercise of tyrannical state power. Despite the lofty aspirations and ominous warnings about regulation in the public interest, little is known about how agencies actually decide what is in the public interest when charged by statute to do so. …

Investigating Seed Maturation And Mortality: A Mechanism For Post-Fire Regeneration In Non-Serotinous Conifers, Madeleine A. Lopez

Cal Poly Humboldt theses and projects

Climate warming and associated dry conditions are contributing to increased fire frequency, severity, and size, for many regions in western North America. These changes in fire activity have prompted concern over the long-term persistence of some conifer species, specifically those not adapted to withstand high-severity fire. However, regeneration of non-serotinous conifer species is possible if the timing of fire occurs following seed maturation, and within a heat range that seeds can withstand, in a regenerative mechanism termed “facultative serotiny.” To address this mechanism, I determined the timing of conifer seed maturation using viability testing for four California conifer species: ponderosa …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Resource Access And Equity In Humboldt County (How Social Myth Becomes Social Fact), Colton J. Hubbard

Cal Poly Humboldt theses and projects

Rural areas of Northern California have gone without health and social services for decades. The shortcomings of local services have given rise to the idea that there are no services in these rural and isolated communities. Conditions and beliefs have brought up two important questions. The first question is how can access and knowledge of available services be improved in rural areas? The second question is, through what mechanisms do communities develop their facts?

To address the previous questions, I worked with the primary health and social service provider in Humboldt County, CA. We developed a database of local services …

Envisioning A Grassroots Framework For Community-Based Mental Health Crisis Intervention, Xandra C. Gradine

Cal Poly Humboldt theses and projects

The mental health and well-being of both individuals and communities are going to be best served by community-based services and care completely unreliant on traditional top-down models that often include inaccessible services and/or coercive methods. This is especially prevalent in the case of mental health crisis intervention; where most state-based interventions involve coercive agents who often are not given any specific training on mental health crisis response. As mental health crisis and suicide rates continue to rise in the U.S., and even the most well-respected model of crisis intervention has done little to resolve the issues of prisons serving as …

“There's Always People In The Room For Whom This Is Not Merely Theory”: Emergent Pedagogies, Casey Mccullough

Cal Poly Humboldt theses and projects

Colleges and universities are generally regarded as a place for students to expand their skill sets and knowledge in preparation for specific fields of work. Many academic institutions and disciplines are also focused on recruiting and retaining students from socially marginalized communities in the name of equity, inclusion, and diversity. Despite this, some institutions in practice prioritize image, status, and wealth while deprioritizing resources, care, and support for students and their learning conditions. Often within these institutions are educators who challenge these systems in their courses, on campus, and across the country, encouraging and empowering students to directly confront those …

Restorative Practices In Education: A Case Study, Emily Morris

Cal Poly Humboldt theses and projects

Literature shows that restorative justice practices, over time, are an effective practice for reducing negative student behaviors. This study will examine teacher and staff viewpoints on restorative practices and how they are being implemented on our campus. Additionally, this study will explore what impact restorative practices have on our campus, according to teachers and staff. My goal is to answer some of the questions that were unanswered through the literature. For instance, do the restorative justice consequences have a positive impact on student behavior? Do the staff feel that the current system, which uses restorative practices, is effective in dealing …

Counter Archives: Unfolding Hidden Stories, Berlin Loa

Cal Poly Humboldt theses and projects

We select what we value as history creating collective memory that can obfuscate or devalue other threads in the story intentionally or unintentionally. Through collections of material culture, curated and described by archivists, we receive information that constructs our collective memory of self. These cultural artifacts reflect and reconstruct the past. Material artifacts in the archives depend largely on the story that is told about their provenance to provide meaning. This paper takes photographic collections in archives as examples of material culture to demonstrate how archival presentation affects the stories of collections items, and examines modalities and subverted stories in …

Library Use For Agricultural Research By Undergraduate Students Of The Faculty Of Agriculture, Forestry And Wildlife Resources Management, University Of Calabar, Nigeria, Friday O. Idiku, Oliver Effiong Ntui, Dorathy Aje Iyamah, Love Eyo Abu, Dorcas Okaja Ochang

Library Philosophy and Practice (e-journal)

The study investigated the use of the University of Calabar library for agricultural research by students of the Faculty of Agriculture, Forestry and Wildlife Resources Management. The general objective of the study was to determine the use of the University of Calabar library for agricultural research by students of the Faculty of Agriculture, Forestry and Wildlife Resources Management. The specific objectives include to identify the number of students of the Faculty of Agriculture who registered with the University of Calabar library for the 2020/2021 academic session, identify the purpose of library use by students, assess the material and electronic resources …

Covid-19 And Education: Effects Of Integrating Mobile Devices With Undergraduate Learning Process, Moyosade Omolade Oguntuase, Oluwabunmi Dorcas Bakare

Library Philosophy and Practice (e-journal)

Abstract

The Covid-19 pandemic and the social distancing rules and lockdowns that followed have affected all aspect of our societies, including education. In order to keep education running, educational institutions have had to quickly adapt to the situation. This has resulted in an unprecedented push to online learning where mobile technologies are being used for the learning purposes. The study adopted a descriptive survey research method with a study sample of 200 undergraduate students drawn from the two colleges in Afe Babalola University, Ado Ekiti using random sampling technique. The study revealed that Telegram (67%), WhatsApp (64.5%) and Zoom (57.5%) …

Evaluating Preschool Librarians’ Information And Communication Technology Competency Level For Online Teaching, Christian S. Ugwuanyi Ph.D, Chinedu I.O. Okeke Prof

Library Philosophy and Practice (e-journal)

For adequate teaching and learning, twenty-first-century classrooms, combined with the needs of the new normal in the face of the Covid-19 pandemic, have mandated the effective use of online education platforms. This begs the question of how well-versed in information and communication technologies Nigerian Preschool Librarians are (ICT). Because there is a scarcity of studies on the subject, this is the case. As a result, the researchers were in a good position to determine or measure the level of ICT expertise of Preschool Librarians in order to embrace online education during and after the Covid-19 pandemic. The descriptive survey research …

Assessment Of Job Satisfaction Of Employees’ In Ahmadu Bello University Library Zaria, Muhammad Kabir Sahabi

Library Philosophy and Practice (e-journal)

The study examined the assessment of job satisfaction of employees’ in Ahmadu Bello University Library Zaria. Survey research design was adopted for the study. Total population was 359 librarians in made up of professionals and para-professionals. Total enumeration was used for the study. The instrument for data collection was a validated questionnaire. Cronbach’s alpha results ranged from 0.86 to 0.90. The response rate was 87.5%. Data were analyzed using Pearson product Moment Correlation and Multiple Regression. The findings revealed that librarians’ level of Normative commitment is high; while their Affective and Continuance employees’ commitment in Ahmadu Bello University Library Zaria, …

Unlocking The Rusty Padlock: The Role Of The Scientific Tradition Of Pesantren Karanggedang On The Literacy Development In The Surrounding Village Community, Amri Mahbub Alfathon, Achmad Riyadi Alberto, Aldila Putri Hakmi

Library Philosophy and Practice (e-journal)

The scientific and literary construction of pesantren or Islamic boarding schools, especially traditional ones, is highly popular to the community and involves the surrounding villagers. The communication established between village community and pesantren in continuing the scientific tradition ultimately creates new socio-cultural-economic activities. Pondok Pesantren Al-Muwahidin, located in Karanggedang, Salebu Village, Majenang District, Cilacap Regency, Central Java, is one of the pesantren that has a role in developing community literacy as mentioned. This research aims to observe and explain the role of the scientific tradition of Pesantren Karanggedang on literacy development of the local village community. A case study approach …

A Study On Information Seeking Behavior Of Professors Of Arts Colleges Affiliated To Gujarat University, Krina Kalpesh Patel

Library Philosophy and Practice (e-journal)

A study was conducted on 100 teaching professors in art colleges affiliated with Gujarat University to find out the information retrieval behavior problems of art college professors. A self-constructed questionnaire was used to find out the problems of the professors. The questionnaire was filled out and analyzed with expert advice. A statistical application for data analysis found the percentage of professors' departmental problems and also used graphs for its clear society

Availability And Utilization Of Ict Resources Inmanagement Of Students With Speical Needs In Academic Libraries In Enugu State, Calista Chinyere Aniekwe, Uzoamaka Ogwo Ph.D, Chinedu J. Ayolugbe

Library Philosophy and Practice (e-journal)

This study examined the utilization of ICT resources in the management of students with special needs in Enugu State, Nigeria. Two research questions and one hypothesis guided the study. Theoretical model of disability was adopted for the study. The study adopted a descriptive survey design. The population comprised of 200 students with special needs in selected universities in Enugu State. Simple random sampling technique was adopted in selecting 103 students with special needs in university libraries. The instrument for data collection was a structured questionnaire titled: Utilization of ICT Resources in the Management of Students with Special Needs Questionnaire (UICTRMSSNQ). …

Factors Influencing Career Choice Among Secondary School Students In Aba North Of Abia State And Implications For School Library Development, Ndubuisi Eze Chukwu, Chinenye Ifeoma Ogidi, Immaculata N. Akaneme, Leonard Chidi Ilechukwu

Library Philosophy and Practice (e-journal)

The purpose of the study was to investigate factors influencing the career choice among secondary school students and implications for school library development. The study design adopted was ex-post-facto. The study was guided by four research questions and four null hypotheses. A sample of 65 students was selected using the multi-stage sampling technique. Data were collected with a self-structured questionnaire structured on a 4-point rating scale. The research questions were analyzed using mean and standard deviation. The null hypotheses were tested at 0.5 level of significance using independent t-test. The major findings showed that there is no significant difference in …