Digital Commons Network^™

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

The Perlmutter Center For Legal Justice At Cardozo Law's First Client, Bruce Bryant, Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2022

The Perlmutter Center for Legal Justice at Cardozo School of Law, Yeshiva University commends New York Governor Kathy Hochul for commuting the life sentence of its first client, Bruce Bryant.

Providing Education And Resources To Staff Working With Adult Victims Of Intimate Partner Violence Experiencing Homelessness, Jillian Edling, Courtney Schultze, Sarah Scott

DNP and Student Works

Homelessness impacts over half a million individuals in the United States and increases the risk of physical, emotional, social, and financial distress, potentially leading to violence, abuse or harm. Individuals experiencing intimate partner violence (IPV) are at an increased risk of becoming homeless. Homeless shelters in Duluth, MN, without specific IPV focus, do not have formal IPV training in place. The goal of this project was to educate staff and volunteers at a warming center in Duluth, MN on how to identify IPV, implement an evidence-based screening tool, and provide appropriate resource referrals to victims of IPV.

Abolishing The Evidence-Based Paradigm, Erin Collins

BYU Law Review

The belief that policies and procedures should be data-driven and “evidence-based” has become criminal law’s leading paradigm for reform. This evidence-based paradigm, which promotes quantitative data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has influenced reforms across the criminal procedure spectrum, from predictive policing through actuarial sentencing. The paradigm’s appeal is clear: it promises an objective approach that lets data – not politics – lead the way and purports to have no agenda beyond identifying effective, efficient reforms. …

Investigation, Detection And Prevention Of Online Child Sexual Abuse Material: A Comprehensive Survey, Vuong Ngo, Christina Thorpe, Cach N. Dang, Susan Mckeever

Conference papers

Child sexual abuse inflicts lifelong devastating consequences for victims and is a growing social concern. In most countries, child sexual abuse material (CSAM) distribution is illegal. As a result, there are many research papers in the literature which proposed technologies to detect and investigate CSAM. In this survey, a comprehensive search of the peer reviewed journal and conference paper databases (including preprints) is conducted to identify high-quality literature. We use the PRISMA methodology to refine our search space to 2,761 papers published by Springer, Elsevier, IEEE and ACM. After iterative reviews of title, abstract and full text for relevance to …

Inequality Among The Disadvantaged? Racial/Ethnic Disparities In Earnings Among Young Men And Women Without A College Education, Byeongdon Oh, Daniel Mackin Freeman, Dara Shifrer

Sociology Faculty Publications and Presentations

Despite the rapid expansion of higher education, many young adults still enter the labor market without a college education. However, little research has focused on racial/ethnic earnings disadvantages faced by non-college-educated youth. We analyze the restricted-use data from the High School Longitudinal Study of 2009 to examine racial/ethnic earnings disparities among non-college-educated young men and women in their early 20s as of 2016, accounting for differences in premarket factors and occupation with an extensive set of controls. Results suggest striking earnings disadvantages for Black men relative to white, Latinx, and Asian men. Compared to white men, Latinx and Asian men …

Gatekeeping Admissions: Access To Justice And Inclusive Admissions Processes, Sarah Kriekle

Dalhousie Journal of Legal Studies

Law schools are the gatekeepers to the legal profession, and there are multiple social barriers that impact access to a legal education across a proportionally diverse range of people. This article will first rely on existing literature to demonstrate why diversity in the legal profession is an access to justice issue and to illustrate the current homogeneity that exists within the profession. This article will then argue that two primary factors prevent law schools from attracting a more diverse student body. The first factor is the over-reliance on numerical statistics like grade point average (GPA) and Law School Admissions Test …

Mental Age V Chronological Age: Rethinking Our Approach To Criminal Responsibility For Developmentally Delayed Young Persons Under The Youth Criminal Justice Act, Michael Michel

Dalhousie Journal of Legal Studies

The Youth Criminal Justice Act (YCJA) is meant to ensure that only the most serious cases warrant imprisonment. Both in the pre- and post-trial stages of a criminal proceeding, the YCJA contains safeguards designed to divert youth away from correctional institutions and encourage the use of community-based services. Yet, for youth suffering from mental disorders or injuries that cause significant cognitive impairment, these safeguards can be inadequate, detrimental, or simply unavailable. To resolve this shortcoming, this article advocates using mental age, rather than chronological age, as the benchmark for determining criminal responsibility under the YCJA.

Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris

University of Cincinnati Law Review

No abstract provided.

Editors' Note, Nirupama Devaraj, Bharath Ganesh Babu

Midwest Social Sciences Journal

No abstract provided.

Assessment Practices And Experiences Of Sex Trafficking In Caseloads Of Service Providers Working With High Risk Youth In Indiana, Lisa S. Elwood, Samantha Goodin, Christine Naydenov, Nicole Baldonado, Tamara Weaver, Abigail Kuzma

Midwest Social Sciences Journal

With increased recognition of sex trafficking, calls have been made for greater identification and screening. Lack of awareness and assessment likely contribute to low identification of sex trafficking victims. The present study examined assessment practices, confidence in detecting trafficking, and experiences with DMST survivors in the caseloads of service providers in the past year. Employees at high-risk settings were recruited, resulting in a sample of 76 providers representing 21 agencies. Data revealed that while general risk factors were typically assessed, sex trafficking-specific risk factors and experiences were assessed less often. Approximately 30% of participants indicated they worked with at least …

When Free Ain’T Really Free: The Hidden Barriers Of The Free Application For Federal Student Aid, Monita H. Mungo, Monica Klonowski

Midwest Social Sciences Journal

A completed Free Application for Federal Student Aid (FAFSA) serves as an objective and neutral form required for all individuals who plan to attend college. The social barriers that the application produces and reinforces are all but objective. The application collects information and sorts students into groups based on their responses to questions regarding citizenship, race, gender, marital status, the income of parents, and convictions; and distributes or restricts financial resources based on group membership. The intersection of low socioeconomic status combined with experience in the criminal justice system, which disproportionately arrests and charges people of color (Butler, 2017; Brown, …

Reviewers And Referees

Midwest Social Sciences Journal

No abstract provided.

Author Biographical Notes

Midwest Social Sciences Journal

No abstract provided.

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …

What Law Schools Must Change To Train Transactional Lawyers, Stephanie Hunter Mcmahon

Pace Law Review

Not all lawyers litigate, but you would not know that from the first-year curriculum at most law schools. Despite 50% of lawyers working in transactional practices, schools do not incorporate its legal doctrines or skills in the foundational first year. That the Progressives pushed through antitrust laws and the New Dealers founded the modern administrative state reframed how people use the law, particularly in transactional practices, and should be given equal weight as the appellate-based common law in any legal introduction. Nevertheless, the law school model created by Christopher Columbus Langdell in the 1870s remains dominant. As this review of …

A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn

Articles, Book Chapters, & Popular Press

In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.

The article covers five important topics. On impartiality, …

The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam

University of Miami International and Comparative Law Review

This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create …

Gender Justice And Human Rights Symposium: Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman

University of Miami International and Comparative Law Review

No abstract provided.

Quantification Of Phosphatidylethanol In Whole Blood And Dried Blood Spots By Lc-Ms/Ms, Elizabeth Yulianto

Student Theses

Phosphatidylethanol (PEth) is an alcohol biomarker that provides a longer window of detection than direct alcohol measurement or other common alcohol metabolites, like ethyl glucuronide. PEth has become useful in assessing drinking history, such as for alcohol-withdrawal treatment, organ transplant settings or prenatal alcohol exposure determination. A method was developed and validated to quantify PEth 16:0/18:1 and 16:0/18:2 in whole blood and dried blood spots (DBS) by liquid chromatography tandem mass spectrometry (LC-MS/MS). The whole blood method was applied to 149 samples from pregnant women, elucidating possible prenatal alcohol exposure. Fifty μL whole blood and 12.7 mm whole punches from …

Drug Evaluation And Classification Program: An Evaluation And Validation Study In The State Of Florida, Micah Moore

Doctoral Dissertations and Projects

Over the past several decades, the fatality rates in traffic crashes related to drug-impaired driving have increased significantly. Specialized law enforcement officers are currently being deployed to help reduce the number of drug-related traffic crash fatalities and identify drugged impaired drivers. The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) developed the drug evaluation and classification program (DECP) to certify law enforcement officers as drug recognition experts (DREs). An evaluation and validation study was conducted on the DECP in Florida. The purpose of the study was to evaluate the DECP in Florida to …

The Impact Of Covid-19 On The Mental Health Well-Being Among Staff Of A Domestic Violence Shelter, Tonisia Lynette Brown-Cotten

Doctoral Dissertations and Projects

The purpose of this qualitatively study via the Case Study approach was to recognize the impact that coronavirus disease-2019 (COVID-19) had on the mental health of randomly selected female domestic violence shelters’ board members, staff, volunteers, and counselors and therapists. To guide this study, the theory of integrating existing knowledge of a topic generated an in-depth, multi-faceted understanding of a complex issue. The case study aimed to answer how COVID-19 impacted higher levels of stress, depression, anxiety, and post-traumatic stress symptoms in the female gender. The study focused on the experiences of vicarious trauma (VT), secondary traumatic stress (STT), compassion …

Effectiveness Of Instructional Design And Technology In A Non-Traditional Parental Program: An Embedded Single Case Study, Sonja Loraine Howell

Doctoral Dissertations and Projects

The purpose of this case study is to discover the effectiveness of the instructional design of an organization's current programs. The central research question was to determine how instructional design impacts the effectiveness of a nontraditional court-ordered parental instructional program. The theory guiding this study is Kearsley & Schneiderman’s engagement theory, as it structures interactions to facilitate collaboration in a project-based environment with a meaningful focus using instructional design. The methodology for analyzing this study includes Yin’s and Stake’s models to understand a profoundly complex social phenomenon and actual live program. This study gave intrinsic and extrinsic validity while researching …

The Impact Of The Covid-19 Pandemic On Law Enforcement Protocols In Middle Appalachian States, Timothy W. Roberts

Doctoral Dissertations and Projects

The COVID-19 pandemic is changing the operational procedures of law enforcement organizations across the United States. The COVID-19 virus has forced police administrators to rethink strategies and procedures dealing with law enforcement’s multiple functions and roles in society. The pandemic is causing unprecedented challenges for law enforcement administrators to balance the organization’s priorities and the safety of officers under their command. The police functions are adapting to include personal protection to prevent the spread of the virus among the law enforcement community. This multiple case qualitative study aimed to show the immediate operational changes in law enforcement since the start …

Evaluating The Concepts Of The Tarde Imitation Theory And Its Impact On Training Effectiveness For Law Enforcement In Times Of Disaster, Barry D. Walker Jr

Doctoral Dissertations and Projects

This paper looks at the effectiveness of Federal Emergency Management Agency (FEMA) training from the perspective of those using the training. In addition, it looks at how the Imitation Theory developed by Tarde may or may not impact effective training, specifically in response by those exposed to a large-scale disaster. The researcher accomplishes this study through qualitative analysis of interviews conducted in the Panhandle of Florida with those who have had some FEMA training and have had at least one personal experience with a large-scale disaster. The researcher discovered that it is common for those working in the Panhandle of …

The Impact Of Covid-19 On The Treatment Of Opioid Use Disorder In Carceral Facilities: A Cross-Sectional Study, Elizabeth C. Saunders, Milan F. Satcher, Laura B. Monico, Ryan D. Mcdonald, Sandra A. Springer, David Farabee, Jan Gryczynski, Amesika Nyaku, Elizabeth Needham Waddell, Multiple Additional Authors

OHSU-PSU School of Public Health Faculty Publications and Presentations

While the COVID-19 pandemic disrupted healthcare delivery everywhere, persons with carceral system involvement and opioid use disorder (OUD) were disproportionately impacted and vulnerable to severe COVID-associated illness. Carceral settings and community treatment programs (CTPs) rapidly developed protocols to sustain healthcare delivery while reducing risk of COVID-19 transmission. This survey study assessed changes to OUD treatment, telemedicine use, and re-entry support services among carceral and CTPs participating in the National Institute on Drug Abuse (NIDA)-funded study, Long-Acting Buprenorphine vs. Naltrexone Opioid Treatments in Criminal Justice System-Involved Adults (EXIT-CJS) study. In December 2020, carceral sites (n = 6; median pre-COVID 2020 …

How Teachers Perceive Educational Programs In Juvenile Justice Facilities: Case Study, Connie Faye Mitchell

Doctoral Dissertations and Projects

The purpose of this case study was to understand teachers’ perspectives of educational programs in juvenile justice facilities. This information is valuable in assessing the needs of incarcerated juveniles and strengthening the educational programs provided to them. This case study utilized John Dewey’s social learning theory, which states that learning occurs through social interactions and hands-on approaches. This theory supports the case study of the interactions between the students and teachers while they are participating in academic and career and technology education (CATE) courses. The study sought to answer the following question: What are the teachers’ perceptions of online learning, …

The Correlates Of Right-Wing Extremism, Michael Damian Tucker

Doctoral Dissertations and Projects

Research into the correlates of right-wing extremism has been focused on the group level, mainly ignoring the individual right-wing extremist behaviors, characteristics, and traits. Although group milieu strongly affects the ideology of individuals, personal decisions making often comes from a combination of unique experiences, cognitive abilities and biases, and differences in individual traits. This biographical study aimed to examine the life course events of twenty-five individual right-wing extremists identifying common biological and circumstantial correlates among and between the subjects. By analyzing the different correlates, this study created a matrix that identifies the correlates for significance. The results of the analysis …

Let Them Be Little: A Transcendental Phenomenological Study Of The Experiences Of Kindergarten Teachers During An Era Of Educational Reform, Rachel Denise Whites

Doctoral Dissertations and Projects

The purpose of this transcendental phenomenological study was to understand the lived experiences and perceptions of kindergarten teachers who taught through an era of federally mandated, standards-based educational reforms. This study was guided by two theories as each contributes to an explanation as to how educational reform has strayed far from the central purpose for kindergartens. Piaget’s theory of cognitive development sought to explain how a child constructs a mental model of the world and postulated that there are four distinct stages of human development from birth to adulthood. Vygotsky’s sociocultural theory stated that children learn through play and the …

Utilizing Resilience And Persistence Strategies To Reduce African American Doctoral Attrition, Dudley Davis

Doctoral Dissertations and Projects

The purpose of this qualitative phenomenological study is to explore the attrition rate of African American doctoral students and how to improve their retention and graduation using resilience and persistence. Across all disciplines, 40–60% of students who began doctoral programs did not persist to graduation (Falconer & Djokic, 2019; Mirick & Wladkowski, 2020). A semi-structured interview format was used to collect the data from 27 African American participants, 20 females and 7 males, who had already obtained their doctoral degrees. The study sought to explain the phenomenon of African American doctoral students who persevered to finish their degree, in spite …