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2022 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

The Perlmutter Center for Legal Justice at Cardozo Law, page 14

Faculty Impact on Legal Scholarship, page 16

Cardozo Faculty in the Media, page 20

The Power of Cardozo Clinics, page 24

The Supreme Court Overturns Roe, page 40

Faculty Appointments, page 42

Retirements, page 45

Q&A with Professor Myriam Gilles, page 46

Commencement, page 48

Student Briefs, page 52

Alumni Movers & Shakers, page 58

Class Notes, page 62

Understanding Volunteerism In Vocational And Life Skills Programming, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

The purpose of this research is to understand who volunteers for Vocational & Life Skills (VLS) reentry programming in institutional and community correctional settings. We had three primary goals for this research note: 1) describe key differences between participants versus non-participants, 2) describe how VLS participants in facilities differ from participants in community VLS programs, and 3) describe key findings from our statistical models predicting who volunteers to participate in VLS programs. VLS is a statewide reentry program that provides competitive grant funding to multiple community resource organizations and is administered by the Nebraska Department of Correctional Services (NDCS). VLS …

Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn

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

Shaken Baby Syndrome (SBS) is a controversial diagnosis and an even more controversial basis for conviction. The syndrome is questioned by scientists and doctors who have yet to come to a consensus on its diagnosis. Courts have permitted SBS evidence to be admitted in criminal trials, and many people have been convicted solely on the basis of this controversial diagnosis. This Note seeks to analyze the history of SBS, the conflicts in the medical and scientific community, standards of evidence that permit its admission in court, and how all of these factors converge in a way that disproportionately impacts women …

Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak

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

There are roughly five million victims of sex trafficking in the United States. Over the course of a decade, over 3,500 instances of human trafficking involved a hotel or motel. Traffickers are relying on unaware lodging establishment employees, as well as complicit employees and managers, to successfully carry out their crimes. Despite the vital role the lodging industry plays in human trafficking, only seven states have implemented mandatory training for hotel and motel employees. This Note posits that the implementation of mandatory training and education programs for employees of lodging establishments could increase awareness and responsiveness to human trafficking, thus …

Considerations For Sexual Assault Data Collection In South Dakota: A Cross-National Comparison With Ireland, Mattie J. Jones

Honors Thesis

In order to develop policy and legislation, accurate and comprehensive data is necessary to inform next steps. South Dakota faces limitations in its collection and reporting of data throughout the criminal justice system. One area that lacks comprehensive statistical information is child and adult sexual assault. From statistics on prevalence all the way through conviction rates of offenders, South Dakota misses key statistical information that could be useful for meaningful change in the state. Using the Republic of Ireland’s data collection and reporting as a model, this report will evaluate key areas throughout South Dakota’s criminal justice system where sexual …

The Impact Of Crisis Intervention Team Training On Correctional Officer Burnout In A Southeastern State Prison, Jennifer L. Boyd

Doctor of Education (Ed.D)

This dissertation sought to ascertain whether or not Crisis Intervention Team (CIT) training could lower burnout in correctional officers (CO) in a Southeastern state prison system. Using an experimental learning theory in a quantitative, quasi-experimental approach, the researcher administered the pre-test and post-test assessments using Maslach Burnout Inventory to CO before CIT and 4-weeks after they completed CIT. The researcher concluded that CIT lowered burnout on CO in all areas of the MBI but was statistically significantly lower for emotional exhaustion and depersonalization.

The Lead, October 2022, Lindenwood University

The Lead

The Lead is an electronic newsletter produced by the Lindenwood College of Education & Human Services.

Improving Patient Outcomes In Substance Use Disorder Through Behavioral Therapy In Depression Development And Impacts Of Social Determinants Of Health During And After Substance Use Treatment, Jerry Ryan Armstrong, Chyanne Napp

Doctoral Projects

Substance Use Disorder (SUD) is a growing problem in the United States (U.S.) and worldwide and relapse is a common occurrence among those facing SUD. Limited scholarly research has been published addressing evidence-based treatment improvement strategies. This study focused on improving SUD treatment through the incorporation of depression tracking from admission to and discharge from inpatient treatment, as well as the incorporation of social determinants of health education during treatment, with an evaluation of relapse rates 30-days after inpatient treatment discharge. Results indicated a significant improvement in depression scores from admission to discharge. Results also revealed improved knowledge regarding social …

A Conversation Piece About Implementing Inuit Legal Orders Into The Nunatsiavut Government's Inuit Court, Elizabeth Zarpa

LLM Theses

A majority of Inuit reside above the 55th parallel in 51 communities throughout Nunatsiavut, Nunavik, Nunavut and Inuvialuit. This area is Inuit Nunangat and each of these Inuit regions has their own modern treaty. The political and legal history of the evolution of these modern treaties is under-represented within educational institutions. Breathing life into and contextualizing this history is integral when revitalizing Inuit legal orders. There is space to implement Inuit legal orders into the governing structures throughout Inuit Nunangat. This thesis highlights that published and publicly accessible Inuit stories embodies law. Law from the stories is applicable to governance …

Measuring And Assessing The Impact Of Race And Culture Assessments In Sentencing, Alexia Bystrzycki

LLM Theses

In recent years, the use of Impact of Race and Culture Assessments (“IRCA”) emerged in sentencing across Canada, especially in Nova Scotia and Ontario. Sentencing judges recognized that IRCAs “have the potential to provide a bridge between an accused’s experience with racial discrimination and the problem of over-incarceration” (R v Jackson, 2018 ONSC 2527). Consequently, IRCAs are helpful in achieving fit and proportional sentences. Using a mixed-methods approach, this thesis seeks to assess the impact of IRCAs on sentencing decisions. First, this thesis examines how judges apply IRCAs in crafting sentences by way of content analysis. Second, this thesis attempts …

Cutting The Idea's Gordian Knot: Accepting Entanglements Of Disability And Self And Embracing A "Best Interests" Approach To Disciplining Students With Disabilities, Sarah A. Husk

The Journal of Law and Education

No abstract provided.

Effective Consequences, Jenelle Poer

School of Education and Leadership Student Capstone Projects

The aim of this project is to explore the question: What are the most vital elements of effective consequences? What allows consequences to change student behavior? How can you reduce or eliminate the negative side effects of consequences? My research on the topic, reading studies and scholarly reports, shows that there are multiple strategies, but a few common elements can be distilled from the various techniques. The most vital of these elements are: clarity, teamwork, warmness, and reflection. The resulting project consists of a 4-part professional development workshop for teachers. Each workshop session focuses on one vital element of effective …

How To Create A Successful Learning Environment For Students With Challenging Behaviors, Kristin Otto

School of Education and Leadership Student Capstone Projects

As an experienced special education teacher working with a range of school districts, I have observed the need for further training on how to manage challenging behaviors within our schools. Though there are many researched based strategies available for helping educators manage challenging behaviors, there are very few trainings that guide educators to program for students with challenging behaviors. With teacher shortages at all-time high in the state of Minnesota, and schools working hard to provide inclusive classrooms, the need for further training for educators appears to be at the forefront. This project on: How to create successful learning environments …

Lindenwood Magazine, Fall 2022, Lindenwood University

Lindenwood Magazine (2017- )

Lindenwood University news magazine.

Introduction

MC Law Review

No abstract provided.

Case Global: International Impact, Case Western Reserve University School Of Law

Case Global Newsletter

Vol. 14, No. 1 (2022)

• International Impact: From the Hague to the United Nations, the Cox Center influences justice around the world (cover)
• CWRU law students excel in global moot court competitions
• Supreme Court follows reasoning of CWRU amicus brief
• Invaluable international experience
• Learning the law through classic TV: Star Trek and international law
• Alumni spotlight (Kevin G. Nealer (LAW ‘78)

In Brief, Case Western Reserve University School Of Law

In Brief

• An update from the deans: Q&A
• Big wins
• Shaping Cleveland's future
• International impact
• Battle for Ohio
• Real World Experience
• Triumph over tumult
• Scholarly impact
• Society of Benchers
• Alumni committees
• Class notes
• In memoriam
• Honor Roll of Donors

Redefining Safety: Latinx Migrant Perspectives On School Safety In Rural Pennsylvania High Schools, Elizabeth Garcia , '23

Senior Theses, Projects, and Awards

Redefining Safety: Latinx Migrant Perspectives on School Safety in Rural Pennsylvania. High Schools aims to answer the research question: What does a safe educational space look like for rurally based high school students from immigrant families? This thesis draws on my lived experiences growing up in a mixed-status immigrant family in rural, PA. Drawing from anthropological and interdisciplinary research that explores how marginalized communities experience and navigate systemic violence, this thesis explores themes in the Latinx immigrant community such as a contradictory sense of hyper surveillance and invisibility. Inspired by abolitionist and geographer Ruth Wilson Gilmore’s research, I focus on …

Burnout In The Field Of Forensic Psychology And Intervention Techniques, Taylor Gary

Dissertations

Forensic psychologists are at a heightened risk for encountering vicarious trauma, compassion fatigue, and burnout, all of which influence quality and continuity of care (Sansbury et al., 2015). The current literature review aims to discuss how burnout relates specifically to the field of forensic psychology. For the purposes of this discussion, clinical psychologists who perform forensic duties, as well as board certified forensic psychologists are considered. Research questions that are addressed in this discussion include what the existing research states regarding vicarious trauma in forensic settings, likely gender differences in burnout and vicarious trauma, and documented interventions that appear most …

Termination Of Parental Rights And An Assessment Of Rights To Subsequent Children In The State Of Illinois, Kayla C. Ranta

Southern Illinois University Law Journal

In the United States, it is considered a fundamental constitutional liberty for a parent to be able to control the upbringing of their children. Under this construction, unless a parent’s care reaches the extent of abuse or neglect, affecting a child’s health, welfare, or safety, they should be free to parent their child(ren). Yet, despite this construction, a finding of parental unfitness as to one child will allow an Illinois family court to terminate the parental rights of that individual toward all subsequent children. This process does not currently have any exceptions for parents whose circumstances have changed or who …

State Of Tennessee Board Of Parole 2021-22 Annual Report, Tennessee. Board Of Parole.

Board of Parole

No abstract provided.

Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews

Articles & Chapters

It is my purpose to ground this article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which influenced Tarana Burke when she founded #MeToo. Part IV examines restorative justice approaches in the South African Truth and Reconciliation …

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

Felon Population Reports

No abstract provided.

The Link Between Democratic Institutions And Population Health In The American States, Julianna Pacheco, Scott Lacombe

Government: Faculty Publications

Context: This project investigates the role of state-level institutions in explaining variation in population health in the American states. Although cross-national research has established the positive effects of democracy on population health, little attention has been given to subnational units. The authors leverage a new data set to understand how political accountability and a system of checks and balances are associated with state population health. Methods: The authors estimate error correction models and two-way fixed effects models to estimate how the strength of state-level democratic institutions is associated with infant mortality rates, life expectancy, and midlife mortality. Findings: The authors …

Prohibiting Slavery & The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

Slavery and the slave trade stubbornly persist in our time, but they receive insufficient attention in international human rights law. Even when courts adjudicate slavery violations, they often fail to characterize slave trade conduct that nearly always precedes slavery. Courts also characterize acts that meet the definition of slavery or the slave trade only as other human rights harms, such as forced labor or human trafficking. This failure to accurately characterize violations also as slavery and the slave trade perpetuates impunity and denies victims full expressive justice. This Article argues for reviving international human rights law’s prohibitions of slavery and …

Teaching Doctrine For Justice Readiness, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

Clinics strive to teach students lawyering skills. But clinics should also teach students how to use those skills to confront injustice and promote justice, an approach Jane Aiken refers to as “justice readiness.” Casework for clients presents many opportunities for students to become justice ready, but not all matters do so equally. Clinics come with built-in limitations. Some matters involve injustices in one area of law while leaving others untouched. And others don’t require creative advocacy for justice. Casework remains a powerful driver of justice readiness, but it cannot do the job alone.

Teaching students doctrine through a social justice …

Latinas’ Use Of Spirituality As A Coping Mechanism, Ashley Lauren Faytol

Dissertations (1934 -)

Intimate partner violence (IPV) is a widespread public health concern with consequences that negatively impact many areas of survivors’ functioning (Centers for Disease Control and Prevention [CDC], 2017, 2019; Ellsberg et al., 2008; Gorde et al., 2004; Kelly, 2010a). The negative impacts of IPV are more severe for Latinas than their White counterparts (e.g., Bonomi et al., 2009; Kelly, 2010b; Stockman et al., 2015), causing IPV to be considered a health disparity within the Latina community (Caetano et al., 2005). While spirituality has been shown to be an effective coping mechanism for many stressors in Latinas’ lives, it has not …

The Exclusionary Rule In Germany Revisited, Andreas Ransiek

California Western International Law Journal

No abstract provided.

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

Multicultural Populations And Mixed Legal Systems In The United States: Louisiana And Puerto Rico, Olivier Moréteau, Luis Muniz Arguelles

Journal Articles

No abstract provided.