Digital Commons Network^™

Hooking The Students To Prompt Reflection And Discussion, Angela Danley

Teaching Online Pedagogical Repository

This strategy is connected to hooking students when they enter a virtual learning classroom through the use of quote or probing question.

Adree Edmo, The Eighth Amendment, And Abolition: Evaluating The Fight For Gender-Affirming Care In Prisons, Mike Greene

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

This Comment argues that the Eighth Amendment litigation strategy to secure gender confirmation surgery for incarcerated transgender people is a non-abolitionist “reformist” reform that expands the criminal punishment system that perpetuates state violence against transgender people. This Comment proposes an abolitionist framework as a transformative approach to evaluating criminal punishment system reforms and securing gender-affirming care for transgender people, incarcerated or otherwise. This Comment then proposes two abolitionist steps towards trans justice, health, and liberation.

This Comment will first provide background on gender-affirming medical care, current medical standards for assessing gender-affirming care, and the standards that courts use to evaluate …

Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang

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

This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate—defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which economically captures the intuitive notion that people can derive pleasure and pain directly from their and other people’s beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories …

Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho

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

Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to “correct” the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect with systemic racism, producing a disproportionate impact on Black, queer, womxn. While the legal framework has evolved to better address sexual violence crimes, Black lesbians remain prone to falling through the legal cracks, and South African society continues to sanction the homophobia and misogyny that …

Blocking The Ballot Box: The Republican War On Voting Rights, Brendan Williams

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

This Article addresses threats to the right to vote that have arisen since 2018, when voter suppression efforts were key to denying Stacey Abrams, the Black Democratic nominee, victory over Republican Brian Kemp in the Georgia gubernatorial race, while Kemp, in administering his own election while Georgia’s Secretary of State, “laid out a chilling blueprint of voting suppression for other states to follow.”

This Article begins by examining the early Republican voter intimidation tactics that resulted in a consent decree, as these can be viewed as part of a continuum to the present day. It discusses the two U.S. Supreme …

280 Characters To § 230 Immunity: Protecting Individual Sexual Assault Allegations On Twitter From Defamation Liability, Elizabeth Profaci

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

One in four female undergraduate students has been sexually assaulted. These students are three times more likely to experience sexual violence than any other group. Frustrated with the Title IX process on their campuses and the lack of discipline for their assailants, these students are unlikely to report their assault. Instead, they quietly tell their friends and other students, and in some cases, anonymously share their stories online. But instead of receiving support, these survivors are often faced with lawsuits. Accused assailants are using, or threatening to use, defamation lawsuits in an attempt to silence survivors who speak out, even …

Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa

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

Over the last century, the LGBTQ+ community has occupied a peculiar space in Cuba that has both resisted and acclimated to the ever-changing sociopolitical dynamics on the Island. This Article examines the Cuban queer community’s socio-legal history in pre- and post-Revolution Cuba along with its tumultuous synthesis into U.S. culture.

Ipulse: February 2022, Lynn University

Student Newspapers

Issue:

• February 2022 [Spring Week 1]: Born an Entrepreneur; Staff Writer Bios; The Rise of Josh Allen; The Best At-Home Workouts; How to Reconnect as a Commuter; Hidden Gems of South Florida; MLB in Complete Lockout for First Time Since 1990

Law Library Blog (February 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A Moral And Legal Imperative To Act: The Bail Bond Industry, Consumer Protection, And Public Enforcers, Brandie Burris

Minnesota Law Review Vols. 106:2 onward (2021-present)

Bail is not a fine, and it is not a punishment. In theory, bail serves a simple goal: it ensures an accused defendant will appear at their criminal hearings. Yet, as practiced, the American bail system is insidious. Bail bond agencies exploit their grossly unequal bargaining power, depress consumer access to comparative information, employ contracts with terms unreasonably favorable to the company’s interests, and conceal extreme contract terms in confusing legal jargon. As a result, common bail industry practices trap consumers in debt cycles under unconscionable bail bond contracts simply because families cannot afford the cash bail payment needed to …

Remembrance Of And Tribute To Walter F. Mondale, Keith Ellison

Minnesota Law Review Vols. 106:2 onward (2021-present)

This volume of Minnesota Law Review is dedicated to the memory of the Honorable Walter F. Mondale, former Vice President of the United States of America. A 1956 graduate of the University of Minnesota Law School and an editor of Minnesota Law Review Volume 39, Mondale was the 42nd Vice President of the United States, serving in office from 1977 to 1981. Following his inauguration, Vice President Mondale became the modern prototype of an activist Vice President, transforming the role from titular figurehead to valued advisor. Prior to his Vice Presidency, Mondale served as U.S. Senator for Minnesota from 1964 …

The Input Fallacy, Talia B. Gillis

Minnesota Law Review Vols. 106:2 onward (2021-present)

Algorithmic credit pricing threatens to discriminate against protected groups. Traditionally, fair lending law has addressed such threats by scrutinizing inputs. But input scrutiny has become a fallacy in the world of algorithms. Using a rich dataset of mortgages, I simulate algorithmic credit pricing and demonstrate that input scrutiny fails to address discrimination concerns and threatens to create an algorithmic myth of colorblindness. The ubiquity of correlations in big data combined with the flexibility and complexity of machine learning means that one cannot rule out the consideration of protected characteristics, such as race, even when one formally excludes them. Moreover, using …

Psyx 382.01: Forensic Psychology, Laura G. Kirsch

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Soci 260s.01: Introduction To Juvenile Delinquency, Mark Heirigs

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Judging Biden, John P. Collins Jr.

SMU Law Review Forum

It would have been easy for President Joe Biden to approach judicial appointments (and, particularly, circuit court appointments) the same way as the Administration he served as Vice President. Like President Obama, President Biden inherited a country in turmoil. A deadly pandemic had killed nearly 400,000 Americans. Necessary quarantine orders shuttered schools and businesses, and ground the economy to a halt. Partisan tensions were still raging, culminating in the violent storming of the Capitol by right-wing insurrectionists. People needed the vaccine, economic relief, and a return to some semblance of normalcy. Also, like President Obama (and thanks to President Trump), …

Investing In Equity: Creating Equitable Funding For Women Peacebuilders, Jennifer Bradshaw, Ruth Buffalo, Rina Kedem, Mossarat Qadeem, Lilian Riziq, Rebecca Besant, Paulina Chiwangu, Jennifer Hawkins, Nia Jones, Elin Miller, Andrew Blum, Christiana Lang, Necla Tschirgi, Carolyn Williams

Kroc IPJ Research and Resources

Although women are vital to the success and sustainability of peace efforts, and despite progress made by the Women, Peace and Security (WPS) agenda over the past two decades, women peacebuilders remain severely underfunded — and the funding that is available to them is often unresponsive to their needs and characterized by a power disparity between funder and funded. In order to advance women’s inclusion in peace and justice processes, this report examines what equitable funding partnerships are, why they are essential to peacebuilding, and how they can best be cultivated, providing evidence from the field to support its findings, …

Tennessee Felon Population Update, February 2022, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Rights Retrenchment In Immigration Law, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Cjus 488.01: Forensic Science - The Crime Lab And Beyond, Randall Royce Skelton

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Psyx 594.01: Seminar - Political Psychology, Lucian G. Conway

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Soci 391.01: Gender And Crime, Mark Heirigs

University of Montana Course Syllabi, 2021-2025

No abstract provided.

The Effectiveness Of Indigenous Conflict Management Strategies In Localized Contexts, Brandon D. Lundy, Tyler L. Collette, J. Taylor Downs

Faculty Articles

The professionalization of addressing conflict creates a field filled with specialists highly trained to apply modularized and manualized, often evidence-based solutions. But how effective are these professionalized conflict management strategies in Indigenous and localized cultural contexts compared to homegrown Indigenous approaches? While instances of these Indigenous peacebuilding and conflict management strategies are routine throughout the world, to date, no one has attempted to test which conflict management approaches are most effective empirically, nor has the literature sufficiently addressed the contexts in which strategies are most helpful. Using multi-dimensional scaling and chi-square tests of independence applied to a similarity matrix of …

Proxy Crimes, Piotr Bystranowski, Murat C. Mungan

Faculty Scholarship

“Proxy crimes” is a phrase loosely used to refer to conduct that is punished only as a means to target other harmful conduct. Many criminal law scholars find the criminalization of this type of conduct unjustifiable from a retributivist perspective, while others note that proxy criminalization can contribute to mass incarceration and overcriminalization. Given the importance of these problems, a systematic analysis of proxy crimes, currently absent in the criminal law literature, is needed.

In this article, we provide a comprehensive analysis of proxy crimes by (i) surveying the existing literature and identifying gaps in prior analyses, (ii) proposing a …

Effects Of Cumulative Trauma, Discrimination, And Racial Trauma Among African Americans, Brittany Renee Clayton

Theses and Dissertations

In the current study, we examined the impact of cumulative trauma, racial trauma, and everyday discrimination experiences within the African American community on psychological outcomes. One hundred and nineteen participants completed a series of self-report measures that analyzed their experiences of lifetime stressors, racial trauma, frequency of everyday discrimination, current posttraumatic stress disorder, depressive symptoms, and experiential avoidance levels. It was hypothesized that increased exposure to lifetime stressors, racial trauma events or experiences, and everyday discrimination would be associated with increased psychological distress. Correlations were conducted to identify and examine these relationships. This hypothesis was supported for lifetime stressor exposure …

Desiring Rightly: A Review Of Wanting, Donald Roth

Faculty Work Comprehensive List

"We learn to want what we want by seeing what other people find desirable."

Posting about the book Wanting from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/desiring-rightly-a-review-of-wanting/

Optimizing Housing And Service Locations To Provide Mobility To Meet The Mandated Obligations For Former Offenders To Improve Community Health And Safety, Anne Nordberg, Jaya Davis, Stephen Mattingly, Sarah R. Leat, Mansi Patel, Michael Mitchell, Santhosh Medeti, Craig Keaton, Jobaidul Boni, Jhanvi Manishkum, Alireza Fallahi, Sheida Khademi

TREC Final Reports

Roughly 2,000 inmates return to communities each day in the U.S. Unsuccessful reentry jeopardizes community safety, promotes re-incarceration, and increases costs to taxpayers to support the criminal justice apparatus. Research indicates that strong networks of support reduce recidivism, but most communities remain ill-equipped to successfully support former offenders. Our community partner, Unlocking DOORS in Dallas, TX, is a reentry brokerage firm that coordinates services including housing, mental and physical health services, job retraining, transportation, and parole or probation obligations. This, like most reentry service providers, assists former offenders navigating a patchwork of logistical hurdles including individual offender obligations, scarce offender …

Deprovincializing Racial Capitalism: John Crawfurd And Settler Colonialism In India, Onur Ulas Ince

Research Collection School of Social Sciences

Recent literature on racial capitalism has overwhelmingly focused on the Atlantic settler-slave formation, sidelining the history of European imperialism in Asia. This article addresses this blind spot by recovering the aborted project of British settler colonialism in India through the writings of its most prominent advocate, John Crawfurd. It is argued that Crawfurd’s vision of a liberal empire in India rejected slavery and indigenous dispossession yet remained deeply racialized in its conception of capital, labor, and value. Crawfurd elaborated a “capital theory of race,” which derived racial categories from a civilizational spectrum keyed to the capitalist organization of production. His …

The College Experience Podcast: Connecting Student Services For College Success, Lucila Sanchez

Dissertations, Theses, and Capstone Projects

What do we know about orienting college students on how to successfully manage the college experience? With this podcast, I aim to answer that question. The podcast aims to serve two purposes. The first purpose is to transmit the information to the students. The secondary purpose is to support student development by increasing knowledge about a wide range of topics as well as available services and resources. The goal is for students to become more aware of how they can access and use these services most effectively and how to manage their time to access essential services that support their …

Blurring The "Bright Line": Examining Age-Related Differences In Jail Incarceration Outcomes Using A Resources-Challenges Model Of Emerging Adulthood, Olive F. Lu

Dissertations, Theses, and Capstone Projects

Jail incarceration represents an early and prevalent point of contact with the criminal legal system. While there is some evidence of age-related differences in jail incarceration outcomes such as rearrest and reconvictions, existing research typically only make comparisons between adults and adolescents. This bifurcation ignores the unique experiences of a third group: emerging adults aged 18 to 25. Evidence from developmental research combined with shifting social and cultural dynamics suggest that 18-25-year-olds, though adults by law, straddle the line between adolescence and adulthood while facing challenges that set them apart.

The current study incorporates a resources-challenges framework of emerging adulthood …

Lgbtqia+ Individuals’ Encounters With Police: Contextual Factors, Help-Seeking, And Service Needs, Max Osborn

Dissertations, Theses, and Capstone Projects

This qualitative study examines LGBTQIA+ people’s experiences of navigating risk and safety, interacting with law enforcement, and utilizing support services. LGBTQIA+ people experience stigma, social marginalization, and resource access disparities, particularly individuals who visibly transgress gendered norms about appearance and behavior, or whose identities as LGBTQIA+ intersect with other marginalized social categories based in characteristics such as race and socioeconomic status. LGBTQIA+ people also report negative experiences with law enforcement and obstacles to accessing care. These experiences are consistent with the notion that police and other institutional actors maintain social control through the surveillance and targeting of populations seen as …