Digital Commons Network^™

Little Progress In The Sixth Committee On Crimes Against Humanity, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

Guilty? Or Just Poor? Potential International Human Rights Violations In The U.S. Bail System, Alireza Nourani-Dargiri

Case Western Reserve Journal of International Law

No abstract provided.

Transforming Lives For Eternity: 2022-2027 Strategic Plan, Southern Adventist University

Strategic Plans

Southern Adventist University's Strategic Plan for the years 2022-2027.

The Morning After The Rockefeller Drug Laws: Carey And Cuomo Implement Mass Incarceration In New York, Lebwah-Taliah Sykes

Theses and Dissertations

After Rockefeller Drug Laws passed in New York in 1973, the proportion of drug-related incarcerations remained steady for the following decade, despite overall incarceration numbers doubling. Fiscal constraints prevented Governor Hugh Carey from fully implementing drug laws, but he reallocated resources, increased the pool of people who were subject to longer sentences, made policy changes and contributed to a climate that laid the groundwork for prison expansions under Mario Cuomo. When fiscal constraints in New York State changed, Mario Cuomo’s criminal justice policy focused on implementing Rockefeller Drug Laws, resulting in mass incarceration in New York.

Measuring Police Body Camera Infrastructure, Coleman, Ronald J.

Santa Clara Law Review

Police body cameras have been in ascendancy since at least the 2014 deaths of Eric Garner and Michael Brown, and body cameras are poised to play an increasing role in law enforcement following the more recent deaths of George Floyd, Daunte Wright, and others. Indeed, President Biden, himself, has repeatedly called for the passage of the George Floyd Justice in Policing Act of 2021, which would require federal law enforcement officers to wear a body camera. Notwithstanding their ascendancy, important empirical questions on body cameras persist. For instance, do local law enforcement agencies have adequate infrastructure to support body camera …

Federalism By Deception: The Implied Limits On Congressional Power, Fair, Bryan K.

Santa Clara Law Review

The purpose of this Article is to lay bare federalism by deception and the theory of implied limits on federal power. Other scholars have recently noted the rise of anti-federalist viewpoints in modern cases. I go a step further to demonstrate how Supreme Court Justices have embraced anti-federal ideology, but have cited Federalist sources, including Marshall, to announce unenumerated limits on federal legislative power.

A Culture Of Institutional Racism: Housing Policies During The New Deal, Breyonna J. Bowen

Capstone Showcase

There currently exists a distressed relationship between African Americans and housing due to previously enacted policies. In looking at this issue, I aim to use the theory of institutional racism to explain how past housing policies that enforce and perpetuate discrimination have impacted this current relationship. Through the method of policy analysis, I attempt to pinpoint where past housing policies have failed to provide housing to many African Americans. I find that there are several policies that were enacted during 1930s and 40s, specifically the New Deal Era, that inflicted discriminatory housing policies on African Americans. The findings indicate that …

“I’Ve Never Met Another Person With This Identity”: The Experiences Of Abrosexual Individuals On Tiktok, Eleanor Doughton

Capstone Showcase

Abrosexuality can be defined by an individual experiences changes in their perception of their sexuality; for instance, an abrosexual person could find themselves to be exclusively attracted to women for a time, and then experiences no sexual attraction months later. Unlike sexual identities such as lesbian, gay, bisexual, and transgender, abrosexuality has not been previously studied. Previous research shows that social media and online sites provide spaces for positive identity development and support for gender and sexual minority individuals. Since abrosexuality had not been previously studied, it is important to ask about the experiences of abrosexual individuals on social media. …

Symbolic Compliance Is Dangerous: Perceptions Of Sexual Assault And The Effectiveness Of Sexual Assault Prevention Programs, Anastasia Hicks-Hunter

Capstone Showcase

College campuses are considered safe havens for students, yet, sexual assault is a prevalent public safety issue for all students. Sexual assault is unwanted or non-consensual sexual activity that is inflicted upon the victim. Sexual assault survivors are put through a life-changing experience that causes negative holistic behaviors, which requires understanding, support, and legal action for them to achieve justice. In my research paper, I am exploring the perceptions of female college survivors of sexual assault and the effectiveness of sexual assault prevention programs.

Examining Ky Hb8 For 2022: What Can We Learn From Other States’ Experiences?, Patrick Welsh

MPA/MPP/MPFM Capstone Projects

Currently, Kentucky levies an individual income tax on all income earned by Kentucky residents at a rate of 5%. A bill approved in 2022 by the Kentucky legislature, KY HB8 for 2022 will phase down the individual income tax rate from 5% to 0% and expand the sales tax to 39 additional classes of services. Incremental decreases in the individual income tax rate depend on meeting General Fund receipts thresholds established in the bill after an initial reduction of one percentage point. Kentucky will join the ranks of 9 other states that do not impose an individual income tax including …

Let's Talk: An Analysis Of The Psychological And Emotional Impacts Of The Police Talk On Black Children, Kaila T. Glover Dodson

Scripps Senior Theses

The ‘Talk’ is a conversation (or series of conversations) that Black children receive from parents, grandparents, and other guardians and caretakers in their life. The conversation consists of informing them on behaviors to adopt as well as a script to recite should they encounter the police or any other agent of the law. Very little research has been done on the Talk yet alone the impact it has on Black children. Pulling from research on racial socialization, moral development, and the impact of racism on one’s well being, the purpose of this study is to explore how Black children are …

Very Important Cases (“Vics”): United States V. Briggs And The Status Of Cases Involving Sexual Violence And Statutes Of Limitations, Michele A. Yankson

University of San Francisco Law Review

No abstract provided.

Emotions And Precedent, Emily Kidd White

All Papers

The philosophy of emotion raises complications for theories of precedent. This chapter argues that it is productive to think of the effect of some precedents as facets of legal reasoning that are related to the use and understanding of legal concepts as thick concepts. In legal reasoning, precedents are routinely invoked to explicate, and/or clarify the content of legal concepts that are at issue in a case. This chapter develops an argument by Bernard Williams, i.e., that one must avoid the risk of over-generalizing the relationship of emotions to thick concepts, by placing it in the context of legal reasoning. …

Deterrence And The Death Penalty: A Study Of The Effects Of Capital Punishment On Homicide, Jacob Stump

Williams Honors College, Honors Research Projects

The death penalty receives an abundance of criticism within the United States, as critics argue it to be cruel and an unjust form of punishment. As the debate carries on and more states illegalize the death penalty, the largest point of contention centers on the question: to what extent does the death penalty deter homicides from occurring? This analysis is critical to the implementation of the death penalty, as many legal scholars cite its ability to deter to be its strongest argument for persisting. Ultimately, any argument that undermines this theory provides a greater incentive for abolition, as the death …

A Public Health Critical Race Praxis Approach To Anti-Racism In Nursing Academia, Nawaf Alfaouri

Doctor of Nursing Practice Projects

Structural racism persists through every level of society, from housing, economic participation, education, criminal justice, access to healthcare, to poor healthcare outcomes. A critical dimension of structural racism is the persistent normalization of negative racial attitudes towards people of color, a manifestation of which is negative and harmful racist stereotypes presented in media, literature, and outdated medical knowledge. Internalization of structural racism gives rise to implicit and explicit bias towards different racial groups which poses health risks to patients of color. Studies have shown that health disparities persist for people of color even when controlling for socioeconomic differences among races, …

Improving Continuity Of Mental Health Care For Women: Jail Release To Community Re-Entry, Janin Khaleel

Doctor of Nursing Practice Projects

Introduction: This formative Delphi study assesses 1) potential policy changes most needed to support mental health care continuity for women being released from two urban jails, 2) barriers to women obtaining mental health services after release, and 3) understanding what community resources are promoting continuity of mental health care after jail release.

Methodology: This is a policy project that uses the Delphi method. In phase one, a primarily qualitative survey was administered to jail health experts to explore project aims. Results were analyzed with thematic analysis, and themes were used to develop a primarily quantitative second survey with Likert scale …

Optimizing Food Access In The Enhanced Shelter Environment: A Policy Evaluation Project, Reanna Moore

Doctor of Nursing Practice Projects

In the unhoused population, food access is a basic human need important not only for adequate nutrition, but also reducing feelings of food insecurity. Enhanced shelters are well poised to impact food access by providing meals and storage options for shelter residents. However, food hoarding behaviors, food safety concerns, and limited budget add complication to this problem. Shelter policies that optimize the availability of meals, food storage, and kitchen use have the potential to positively impact food security, but must be balanced with the individual needs of the shelter. It is important for enhanced shelters to identify best practices and …

Legal Fiction: Reading Lolita As A Sentencing Memorandum, Christina Frohock

Articles

No abstract provided.

How To Bring Your Kids Up Queer: Family Law Realism, Then And Now, Kris Franklin, Noa Ben-Asher

Faculty Publications

(Excerpt)

Paula Ettelbrick fought for us.

As a pragmatic and radical litigator, Ettelbrick spent years trying to use a frequently uncomprehending and often outright hostile court system to protect LGBTQ+ Americans. While her work took her into the many areas of law that touched queer lives, a special focus and passion of her advocacy was reserved for queer families.

Paula also tried to warn us.

In the absence of legal recognition for the families we construct, queer lives are rendered not just invisible but virtually nonexistent; we become legal strangers to our loved ones in ways that violently obliterate our …

Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans

Faculty Publications

Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have acknowledged that canons of interpretation are often based on erudite assumptions of how Congress drafts federal statutes. But a recent surge in legal realism has shown just how erroneous many of these assumptions are. Scholars have created a robust study of congressional practices that challenge many formalist canons of interpretation that are divorced from how Congress thinks about, drafts, and enacts federal statutes. This conversation, however, has yet to confront statutory incorporation, which describes when Congress incorporates state law into …

Where Black Lives Matter Less: Understanding The Impact Of Black Victims On Sentencing Outcomes In Texas Capital Murder Cases From 1973 To 2018, Jelani Jefferson Exum, David Niven

Faculty Publications

The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd’s resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police accountability for undue violence, the prevailing conversation also incorporated at least a declared concern for addressing institutionalized racism within the criminal justice system and other American institutions. The term of the day became “antiracism.” With regard to police killings, the lesson is that police officers disproportionately …

Trialling Hyflex At Tu Dublin – Stakeholders’ Voices And Experiences, Frances Boylan, Geraldine Gorham, Catherine Gorman, Jen Harvey, Louise Lynch, Niall Minto, Ziene Mottiar

Irish Journal of Academic Practice

HyFlex is a multi-modal instructional approach that offers students the opportunity to engage with modules face-to-face and online in a mode that best suits their learning style and situation. Covid-19 forced many universities and lecturers to offer HyFlex opportunities. This emergency flip and required agility to deliver HyFlex provides the opportunity to learn from the experiences of using this mode of teaching and learning.

This research presents the results of a survey of 44 lecturers who were part of the HyFlex Community of Practice (COP) or who were employing HyFlex in their practice, and 490 students who engaged with HyFlex …

The Roots And Influences Of Radical Black Women In The 21st Century, Paul Thomas

Master's Theses and Doctoral Dissertations

Gender, race, and class are concepts that define the lived experiences of Black women in the United States. Black women’s experiences of police violence at the intersections of gender, race, and class, particularly, have helped to create radical critiques of the system of white supremacy and police brutality. My thesis explores these experiences from the Civil Rights Movement to the Black Lives Matter era to argue that the oppression, resistance, and the emergence of radical Black women organizers have made transformational contributions to the ongoing fight for Black liberation.

Intimate Images And Authors’ Rights: Non- Consensual Disclosure And The Copyright Disconnect, Meghan Sali

Canadian Journal of Law and Technology

This article responds to a brand of legal realpolitik that says using property law to respond to the non-consensual distribution of intimate images (NCDII) is appropriate and even necessary, because its remedial frameworks are well developed and provide the relief that is often most sought after by targets of an assault: the immediate removal of photos from online platforms. While some targets are not considered the ‘‘authors’’ of their intimate images, most of the images that are the subject of NCDII are selfies, taken by the target themselves. In these cases, that person rightfully owns the copyright in those images …

On The Internet, Nobody Knows You Are A Dog: Contested Authorship Of Digital Evidence In Cases Of Gender-Based Violence, Suzie Dunn, Moira Aikenhead

Canadian Journal of Law and Technology

We examine various aspects of digital evidence at GBV trials, drawing on relevant Canadian criminal case law. First, we describe some of the unique challenges related to electronic documents generally with respect to determining authorship. Second, we review some of the historical and ongoing practices within the criminal justice system that rely on harmful gendered myths about GBV and note the potential for these myths to emerge in relation to digital evidence. Third, we discuss the duty of investigating police officers to gather the necessary available digital evidence to demonstrate authorship and note potential gaps in current investigatory practices that …

Felony Disenfranchisement And Voting Rights Restoration In The States, Manoj Mate

Journal Articles

No abstract provided.

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Ending Homelessness In Santa Clara County: A Program Evaluation Of Homefirst Services’ Rapid Re-Housing Program Using Client Feedback, Karen Gomez

Master's Projects

This research was designed to evaluate whether HomeFirst Services’ RRH Program has proven to be more effective than traditional approaches in eliminating homelessness for its participants in Santa Clara County, California. Research was based on the Program Satisfaction Survey conducted at the end of the participants’ program enrollment in comparison with data collected for clients in other HomeFirst Services programs. The research question that is being answered from this survey is whether or not the HomeFirst Services RRH Program is fulfilling the clients’ needs. This questionnaire has been able to help HomeFirst Services understand the factors that help satisfy program …

A Case For Different Standards In Age Determination Proceedings, Shivani Misra, Dr. Anup Surendranath

National Law School of India Review

No abstract provided.

Tiered Standards Of Proof Before The International Court Of Justice, Chen Siyuan, Joel Fun Wei Xuan

National Law School of India Review

No abstract provided.