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Class Of 2022 Achievements Celebrated At Pre-Commencement, Benjamin N. Cardozo School Of Law

Cardozo News 2022

Congratulations to the Class of 2022 Award Winners, who were given their honors at a special ceremony at Cardozo on May 31, preceding Commencement.

Examining The Effects Of Legalizing Marijuana In Colorado And Washington On Clearance Rates: A Quasi-Experimental Design, Cody Jorgensen, Alexis J. Harper

Criminal Justice Faculty Publications and Presentations

Objective This study follows the lead of Makin et al. (Police Quarterly 22(1): 31–55, 2019) who found that marijuana legalization is associated with a marginal increase in clearance rates for some crimes but not for others.

Methods We build on their work attempting to replicate their findings by using the synthetic control method and fixed-effects models. A 50-state panel data set was constructed and analyzed. The dependent variables were aggregated violence and property crime rates. The independent variable was dichotomously measured recreational marijuana legislation.

Results Marijuana legalization is not a meaningful avenue of increasing clearance rates.

Conclusion The synthetic …

Identification Of Sexual Grooming Behaviors In Male And Female Perpetrators, Stephanie Mignogna

Student Theses

It is estimated up to 12% of all sexual abuse is perpetrated by females. However, little is known regarding the tactics that women use to perpetuate the abuse. There is evidence that almost all cases of child sexual abuse involve grooming and that female perpetrators may also engage in sexual grooming to perpetrate the abuse. Identification of sexual grooming behaviors can prevent abuse before it occurs however, previous research has found that individuals are poor at identifying sexual grooming behaviors before they occur. Using an experimental vignette design, this study compared the ability to identify sexual grooming behaviors when the …

Victims As Instruments, Rachel J. Wechsler

Faculty Publications

Crime victims are often instrumentalized within the criminal legal process in furtherance of state prosecutorial interests. This is a particularly salient issue concerning victims of gender-based violence (GBV) because victim testimony is typically considered essential for successful prosecution of these types of crimes. Since the U.S. Supreme Court's 2004 decision in Crawford v. Washington, courts require declarants to be available for cross-examination on "testimonial" hearsay evidence. Consequently, criminal legal actors are further incentivized to employ highly coercive practices aimed at securing GBV victims' participation in the criminal legal process as evidentiary tools. These practices include arresting and incarcerating victims through …

2022 Community Needs Assessment Of Klamath County Residential Services And Housing Needs, Karen Cellarius, Aliza Tuttle, Jennifer Blakeslee

Regional Research Institute for Human Services

The PSU Regional Research Institute for Human Services (RRI) was asked by Klamath Basin Behavioral Health (KBBH) and the Oregon Health Authority (OHA) to conduct a community-wide needs assessment focusing on residential services and housing needs for populations that (1) Have behavioral health needs, and (2) Identify with a community experiencing inequities in access to health care resources.

The assessment was conducted in collaboration with KBBH and other community partners. Data sources included key informant interviews, written surveys of individuals impacted by mental health challenges and/or housing needs, and focus groups with representatives from underserved communities in Klamath County, Oregon. …

Automating Judicial Discretion: How Algorithmic Risk Assessments In Pretrial Adjudications Violate Equal Protection Rights On The Basis Of Race, Christopher Thomas, Antonio Pontón-Núñez

Minnesota Journal of Law & Inequality

No abstract provided.

Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris

UC Law Constitutional Quarterly

“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Articles

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District, …

Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis

University of Arkansas at Little Rock Law Review

No abstract provided.

The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez

University of Arkansas at Little Rock Law Review

By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …

Lying At Plea Bargaining, Thea Johnson

Georgia State University Law Review

This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the problematic system it seeks to avoid.

The Article lays out a taxonomy of lying at plea bargaining by organizing the types of lies into three categories: lies about facts, lies about law, and lies …

Impeachment In A System Of Checks And Balances, Keith E. Whittington

Missouri Law Review

Measured by any yardstick, it is hard to think that the first impeachment of President Donald Trump was particularly successful. But there are important broader questions raised particularly by the first Trump impeachment that have significance for how we think about the impeachment power moving forward. If future impeachment efforts are to be more successful, or even useful, Congress will have to understand the nature of the constitutional task that it is undertaking.

Back Matter 14.1 And 14.2

The Foundation Review

No abstract provided.

Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court’S Superordination Of Whiteness, David Simson

Michigan Law Review

This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …

Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss

University of Chicago Law Review

Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …

Local Budgets, Local Decisions: The Home Rule For The 21st Century Project's State Support For Local Democracy Provisions, Erin Adele Scharff

North Carolina Law Review

No abstract provided.

Evaluating The Effects Of Initial Testing On Misinformation Suggestibility For Eyewitnessed Videos, Wryleigh Shearin-Anderson

Honors Theses

Exposure to misleading details following an eyewitnessed event often leads to memory errors for these misleading details—a pattern termed the misinformation effect. A recent debate is whether completing a memory test after a witnessed event, but before exposure to misleading details, can reduce subsequent misinformation (a protective effect of testing; PET) or increase subsequent misinformation (retrieval-enhanced suggestibility; RES). We further evaluated the initial testing effects using witnessed videos (vs. static images) which often yield a RES pattern and using household scenes which often yield a PET pattern. Following study of four household videos (e.g., bathroom, bedroom, etc.) that depicted an …

404 Provider Not Found: Contributions And Solutions To Inadequate Provider Networks For Behavioral Health Care, Travis Williams

Georgia State University Law Review

Despite the efforts of policymakers, access to in-network behavioral health care services has continued to lag relative to other types of health care. Many psychiatrists, for example, do not accept insurance, limiting access to their services to only those individuals who can afford to pay out of pocket. Several factors contribute to insurance networks’ paucity of behavioral health care providers, including low insurance reimbursement for behavioral health care services, inadequate regulation and enforcement, provider shortages, and a lack of access to telehealth services. To maximize the utility of existing regulatory structures, states should take an outcome-oriented enforcement approach that principally …

Multi-Level Barriers To Prison Mental Health And Physical Health Care For Individuals With Mental Illnesses, Kelli Canada, Stacey Barrenger, Casey Bohrman, Anthony Banks, Punita Peketi

Social Work (Graduate) Faculty Publications

Objectives: People with mental illnesses are overrepresented in the U.S. prison population. It is well established that incarceration for this population poses physical and mental health risks including greater likelihood of victimization and suicide compared to the general prison population. Yet, research is less clear about how staff and services shape these prison experiences. The aim of this study was to examine how people with mental illnesses experience incarceration through interactions with correctional officers and treatment staff and their use of physical and mental health care services.

Methods: This project utilized a non-experimental design and qualitative research approach to address …

Effects Of External Decontamination Of Methamphetamine In Juvenile Hair, Rebecca Mitrani

Student Theses

Methamphetamine is a common illicit substance abused in the United States. Hair is one matrix that is analyzed to determine the presence and concentration of methamphetamine. When hair is analyzed, an external decontamination step is commonly performed prior to drug extraction to avoid a potential positive result from environmental exposure in someone that has not ingested the drug themselves. In child-custody scenarios, however, it is important to know if a child is often around such illicit substances. This study serves to assess if there is a significant difference in methamphetamine concentrations in samples from children up to 12 years old …

Examining The Effectiveness Of Misinformation Warnings To Alter Stereotypes For Public Figures And Memories For Public Events, Madalyn P. Prince

Student Theses

Social media allows individuals to share, receive and engage with information and content on an international scale, often with other likeminded individuals and relatively few restrictions (Carr & Hayes, 2015). However, with this access comes the likelihood of engaging with and disseminating misinformation (Allcott et al., 2019), a form of information that may seem true initially but is later revealed as false (Cook et al., 2015). Misinformation is often disseminated by those whose political ideology matches that of the misinformation (Kahan, 2017; Kahan, 2013). The current study aims to expand on the extant literature to examine how misinformation warnings impact …

Biological Factors Affecting Dna Shedding Propensity, Ines G. Cedillo-Cruz

Student Theses

Recovery of trace DNA is important in forensic casework because it is the main type of biological evidence found in both violent and non-violent crimes. Researchers have been trying to determine if there are individual differences in shedding propensity, or how much DNA an individual leaves behind. A model for determining this would benefit evidence interpretation if passive transfer scenarios are being considered, as it can affect the probative value of DNA evidence. This study compared the amount of DNA collected with adhesive D-Squame tape disks from the fingers of individual’s washed non-dominant and dominant hands after 30 minutes of …

Multiple Identities, Colorblind White Parents, And Persisting Adoption Stigma: Toward An Intersectional Perspective Of Asian American Transracial Adoption, Michelle Y. Leipzig

University Honors Theses

Asian TRAs' experiences are continually shaped by United States policies that were installed to safeguard the current White dominant power structure. The existential threat of COVID-19 imitates the fear-based conditions that historically galvanized the White dominant majority to execute sinophobic immigration laws, imprison hundreds of thousands of Japanese Americans during World War II, and overturn federal abortion rights for women - in a striking display of relevance, the last example occurred during the development of this thesis. Asian TRAs' proximity to Whiteness through their adoption into White families can prevent them from garnering the tools necessary to navigate a racist …

The Killing Machine Of Juarez: A Literature Review On The Maquiladora Industry And Femicide In The City, Karla Kinzie Munoz

University Honors Theses

In Ciudad Juarez, Mexico, since 1993, more than 400 women have been killed, a conservative estimate due to the hundreds more that are still missing. These women were often employees at tariff and duty-free factories in the area. The factories, also known as maquiladoras contribute to the economy of the city after they were implemented in the Border Industrialization Program. Case studies and news articles reveal the connection between the maquilas and the growing number of femicides in the city. The working conditions and constant harassment of female employees contribute to the abuses the predominantly young women suffer. With the …

A Systematic Review Of Substance Use And Substance Use Disorder Research In Kenya, Florence Jaguga, Sarah Kanana Kiburi, Eunice Temet, Julius Barasa, Serah Karanja, Lizz Kinyua, Edith Kamaru Kwobah

Anaesthesiology, East Africa

Objectives: The burden of substance use in Kenya is significant. The objective of this study was to systematically summarize existing literature on substance use in Kenya, identify research gaps, and provide directions for future research.

Methods: This systematic review was conducted in line with the PRISMA guidelines. We conducted a search of 5 bibliographic databases (PubMed, PsychINFO, Web of Science, Cumulative Index of Nursing and Allied Professionals (CINAHL) and Cochrane Library) from inception until 20 August 2020. In addition, we searched all the volumes of the official journal of the National Authority for the Campaign Against Alcohol & Drug Abuse …

Racial Justice And Peace, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

Death Prone Jurors: The Disintegration Of The Witherspoon Rule In Texas., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.

Facilitating Suspicious Activity Reporting At The Community Level: Family Members’ Observations Of Non-Ideological Risk Factors And Signs Of Radicalization Among Violent Extremists, Karyn Sporer

Reports, Projects, and Research

David Headley’s pathway to violent radicalization was no secret before he helped plan the 2008 Mumbai attacks that left 166 dead, including six Americans. His ex-girlfriend, wife, friends, and mother all expressed concern about his radicalization to local community members and government agencies, including New York City’s Joint Terrorism Task Force and the U.S. Embassy in Islamabad. Umar Farouk Abdulmutallab’s father, concerned with a disturbing text message from his son in October 2009, raised alarms at the U.S. Embassy in Nigeria two months before his son’s failed underwear bombing of a transatlantic flight from Amsterdam to Detroit on Christmas Day. …

Re-Directing The 50-Year-Long War On Drugs In The United States: Safe Injection Sites As The Necessary Weapons, Tessa Ptucha

Hofstra Law Review

No abstract provided.

We Program Training Manual For Culturally Responsive School-Based Mental Health Practices, Staysha M. Veal

Loma Linda University Electronic Theses, Dissertations & Projects

An abundance of evidence suggests that K–12 Black Indigenous People of Color (BIPOC) students experience disparities in school-based mental health services and negative school-based outcomes due to racism, discrimination, and biases. Such experiences have deleterious impact on their mental health, academic functioning, and other pre- and post-matriculation outcomes. These dynamics can lead to poor academic functioning and adverse mental health outcomes which can include depression, anxiety, toxic stress, decreased self-worth and self-esteem, and psychological maladjustment. School-Based Mental Health (SBMH) providers that are trained to be culturally responsive are uniquely situated to mitigate these negative events and ensure that BIPOC students …