Digital Commons Network^™

Abandoning Animus, Robert L. Tsai

Faculty Scholarship

This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …

Heterotopic Sports Coaching: Facilitating Epistemic Revolution, Sebastian D. L. Harvey

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Sports culture, including its traditional coaching practices and norms aligned with orthodox masculinity, has profound negative implications for the mental health and well-being of athletes. To improve athlete mental health and well-being sports coaching must challenge harmful cultural norms. Sports coaching has repeatedly been problematized through a poststructuralist Foucauldian lens; however, predominantly absent from the literature is Foucault’s concept of heterotopia that enables rule-breaking practices to exist. Therefore, the purpose of this paper is two-fold: (a) to explore Foucault’s heterotopia within the context of sports coaching and (b) to demonstrate its use in altering the culture of sports. I begin …

Using Youtube To Explain Housing, Michael Lewyn

Scholarly Works

In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.

Labor Rights And Dispute System Design: Assessing The Legal Legacy Of The 2022 Qatar World Cup, Zachary R. Calo

Scholarly Works

The aim of this paper is not to relitigate Qatar’s human rights record but to assess the effectiveness of its labor reforms: the principal concern is dispute resolution and enforceability. While Qatar instituted a broad suite of labor law reforms in the years preceding the World Cup, questions remain about whether they have improved access to justice for migrant workers. More attention needs to be given to the dispute settlement system established by Law No. 13 of 2017 to assess if new legal norms translate into enforceable rights. It is argued that the labor dispute system has largely failed by …

Just Go To The Office! An Intersectional Exploration Of The Role Of Race And Gender In Discipline Referral Reasons, Kamilah B. Legette, Yoli Anyon

Faculty Research, Scholarly, and Creative Activity

Educators’ differential selection of Black and Latine students for office discipline referrals is a significant driver of inequity in exclusionary outcomes. Using demographic data and discipline records for all students in one large urban school district, we use descriptive statistics and multilevel regression models to consider whether referral reasons are racialized and if these patterns intersect with gender. Our analyses indicate that educators are consistently more likely to refer Black students than White students to the office for several subjective reasons, including habitual disruption, that are purportedly race-neutral but privilege Whiteness. They are less likely to make referrals for Black …

An Empirical Analysis Of The Link Between Built Environment And Safety In Chicago’S Transit Station Areas, Ahoura Zandiatashbar, Agustina Laurito

Faculty Research, Scholarly, and Creative Activity

Problem, research strategy, and findings: Considering that safety is a key environmental factor that promotes health, understanding the relationship between built environment features around transit station areas and crime may shed light on how to foster healthy communities. Yet, there is limited work that has examined how the combination of different built environment features around transit correlate with different crimes. We addressed this issue in this study using data from Chicago (IL). First, we used cluster analysis to classify stations in Chicago in a spectrum from transit-oriented development (TOD) to transit-adjacent development (TAD) categories depending on their built environment characteristics: …

An Ethical Architecture Of The Old Testament, Joachim Efulaka Mbela

ATS Dissertations

No abstract provided.

Bridging The Gap To God's Call : Breaking Through The Barriers Of Advancement In The Ame Church, Stephanie M. Raglin

ATS Dissertations

No abstract provided.

Neighborhood Market Potentials For Alcohol Use And Rates Of Child Abuse And Neglect, Bridget Freisthler, Christiana Kranich, Jennifer Price Wolf, Reiko Boyd, Paul J. Gruenewald

Faculty Research, Scholarly, and Creative Activity

Background: Alcohol use can lead to child abuse and neglect even if the person using alcohol does not use heavily. Yet relatively few measures that reflect alcohol use are available at smaller geographic units. We assess whether the estimated level of total alcohol use per capita is related to measures of child abuse and neglect that include substantiated reports of maltreatment, total entries into foster care, and alcohol-related entries into foster care. Methods: Our sample consists of 326 Census block groups in Sacramento, California over three time points (978 space–time units). Administrative data for substantiations of child abuse and neglect …

Racial-Religious Decoupling In The University: Investigating Religious Students’ Perceptions Of Institutional Commitment To Diversity, Saugher Nojan

Faculty Research, Scholarly, and Creative Activity

Muslims face racism based on their racialized religious identities, yet few address their experiences through critical race theory or campus racial climate. This paper addresses how religious students rate institutional commitments to campus diversity when considering racial and religious respect. This study examines undergraduate experience surveys across nine campuses and a Muslim student photovoice project through a mixed-methods design. I argue that racial and religious respect derived from interpersonal, discursive, and material sources influence Muslim students’ perceptions of institutional commitment to diversity. I introduce racial-religious decoupling to refer to how the separation of race and religion as distinct social experiences …

Prosecution And Polarization, Steven Arrigg Koh

Faculty Scholarship

Domestically and internationally, two prominent contemporary discourses arise in law and society. First, we live in a time of tremendous uncertainty about the nature and function of criminal justice. In the United States, we chronicle mass incarceration, while the international community weighs war crimes prosecutions in Ukraine. Second, we live in a time of polarization, both at home and abroad. Cultural and political division is elevated domestically, while the international community debates fragmentation in a multipolar world.

This symposium contribution to the Fordham Urban Law Journal’s “Future of Prosecution” symposium asks: what does it mean to prosecute in a time …

Repugnant Precedents And The Court Of History, Daniel B. Rice

Faculty Publications

Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.

The Court recently sidestepped these difficulties by insisting that one of its …

Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman

Faculty Publications

This essay considers gender violence as a consequence of systemic problems rooted in patriarchal structures, transacted through poverty and inequality, and embedded in a historically conditioned political economy. It is informed by the scholarship that propounds the need to develop community responses independent of the carceral system as a means to address the systemic source factors that contribute to Intimate Partner Violence (“IPV”), with attention to restorative and transformative justice approaches (RJ/TJ). This essay advances anti-violence scholarship to suggest the need to reconceptualize gender discrimination, poverty, and inequality as cause and consequence of social ills, and, moreover, to contribute to …

Well-Being, Changes To Academic Behavior, And Resilience Among Families Experiencing Parental Immigration Imprisonment, Caitlin Patler, Gabriela Gonzalez

Faculty Research, Scholarly, and Creative Activity

While the deleterious impacts of parental incarceration are well documented, we know less about the experiences of children with parents imprisoned by immigration authorities. We draw from 62 multigenerational and multiperspective interviews conducted in California with school-age children experiencing parental immigration imprisonment (PII), and their nondetained caregivers. We find that children experiencing PII report feelings and behaviors suggestive of significant psychological distress, which leads to changes in engagement and behavior at school. While some children access academic support and counseling, often following advocacy from nondetained parents or interventions by teachers, others do not receive such support. Many children conceal their …

Does Parent Report Of Child Physical Abuse And Supervisory Neglect Differ By Method Of Study Recruitment Or Mode Of Survey Administration?, Bridget Freisthler, Christiana Kranich, Jennifer Price Wolf

Faculty Research, Scholarly, and Creative Activity

General population studies find that rates of child maltreatment are higher than those identified in the child welfare system. Some modes of administration may result in higher disclosure rates of child maltreatment by respondents. This study assesses differences in characteristics of parents who are recruited using telephone sampling techniques or via the internet and whether the survey was administered by telephone or the web. We have 1599 parent respondents recruited from listed samples and Craigslist advertisements. Surveys were administered via the telephone or online. Survey included measures of parenting behaviours, psychosocial characteristics and demographics for the parent, child and family. …

Addressing A Cohort Discrepancy Among Ninth-Grade Students At A Rural/Suburban High School, Bryley Keaton Murphy

Theses and Dissertations--Educational Leadership Studies

Ninth grade is a critical period where some children experience academic and social growth, while others struggle to navigate their new context, leading to reduced outcomes at school and worsened physical/mental health (Benner & Graham, 2007; Rice, 2001). This mixed-methods action research (MMAR) study addressed how professional practice changes could better support students during this foundational period. Quantitative data was collected from school databases to compare the rate of student success and identify demographic discrepancies, while qualitative data was used to identify possible causes. These data were then integrated to create insightful meta-inferences into the problem of practice. From these …

The Effect Of Physical Activity Courses On The Motivation For Physical Activity In College Students: A Scoping Review, Erica Fauste Waizenhofer Hill

Theses and Dissertations--Kinesiology and Health Promotion

The lack of physical activity and exercise participation has been an ongoing
problem for young adults aged 18-24. Universities and colleges worldwide offer a variety of required and elective physical activity courses for college credit to increase active participation in lifelong healthy lifestyles. This scoping review collected studies on college students’ motivation to participate in physical activity. The courses were taught using methods based on motivational theories. The authors of the studies collected information from the students before and after the classes to gather data on the theoretical framework’s effect on the students, if any. This review compiles this information, …

Internationalizing The Teacher Education Curriculum Toward Global Competency: Academic Leaders’ Perceptions, Ellie F. G. Holliday

Theses and Dissertations--Education Sciences

To prepare students for an increasingly interconnected world, P-12 teachers must be trained to infuse intercultural and global perspectives into their teaching practice. However, teacher education programs (TEPs) have been criticized for their lack of global perspectives in the curriculum and have been found to be the least internationalized programs at United States (U.S.) universities. Though university senior international officers (SIOs) play a large role in developing a strategic approach toward curriculum internationalization, there is a paucity of research on their perspectives on this process.

In this explanatory sequential mixed methods study, TEP leaders and SIOs at universities in the …

The Centrality Of Claim-Making In The Social Studies Classroom: Teaching For Claim-Making With The Persuasive Claim Framework, Ryan Anders Lewis

Theses and Dissertations--Curriculum and Instruction

This dissertation includes three articles that focus on the importance of claim-making and argumentative writing in social studies classrooms. Each article highlights various aspects of the claim-making process by introducing ways for teachers to help students write better claims, highlighting the importance of claim-making within the extant social studies literature, and analyzing the results of centering the claim-making process in a preservice teaching methods program.

Article One, “What’s in a Claim: A Framework for Helping Students Write Persuasive Claims?” (2021), is an article written for practicing teachers. As part of a larger discussion on the challenges of implementing the dimensions …

Intersections Of Disproportion: A Critical Quantitative Examination Of Dis/Ability And Gender In Black Students’ School Discipline Outcomes, Ceema Samimi, Noah Jefferson, Shelby Flanagan, Yolanda Anyon

Faculty Research, Scholarly, and Creative Activity

This study uses critical race quantitative intersectionality to examine the impacts of gender and dis/ability type on Black students’ school discipline outcomes. We use multilevel logistic regression models to analyze data from a large urban school district, considering the intersectional impact of gender and dis/ability type on school discipline outcomes among Black students (suspension, restorative justice, referral to law enforcement). We found that Black students identified as male, labeled with emotional dis/abilities, or identified as having ADHD were more likely to experience school discipline consequences than those who were not. These findings suggest that gender and dis/ability status are significant …

Conceptualizing Socio-Emotional Disablism: A Duoethnography Of Crohn’S Disease And Ocd During Covid-19, Kristen L. Cole, Brandi Lawless

Faculty Research, Scholarly, and Creative Activity

We utilize duoethnography to help readers better understand the constitutive nature of disability in the contexts of chronic illness and mental health. By doing so, we articulate the concept of socio-emotional disablism, which expands structural and psycho-emotional theories of disablism to account for the ways socio-material interactions trigger emotion-work—the communicative labor and fatigue that accompanies negotiating our own emotions as well as the emotions of others in disabling contexts—thus limiting relational and ideological engagement with disability. We conclude by discussing what the concept of socio-emotional disablism teaches us about how to build more inclusive social futures through deeper interpersonal engagement …

Homelessness And Water Insecurity In The Global North: Trapped In The Dwelling Paradox, Katie Meehan, Melissa Beresford, Fausto Amador Cid, Lourdes Johanna Avelar Portillo, Anna Marin, Marianne Odetola, Raul Pacheco-Vega

Faculty Research, Scholarly, and Creative Activity

In this article, we introduce the “dwelling paradox” to explore how the state actively produces water insecurity for people experiencing homelessness in the Global North. We explain that the dwelling paradox is (1) produced by a modernist ideology of public service delivery that privileges water provision through private infrastructural connections in the home; (2) is reproduced by the welfare-warfare state, which has increasingly weaponized public water facilities and criminalized body functions in public space; and (3) is actively contested by some houseless communities, who challenge hegemonic ideals of the “home”—and its water infrastructure—as a private, atomized space. In advancing a …

The (Black) Struggle That Must Be: Black Masculinity, Black College Athletes, And Black Mental Health Through A Looking Glass, A. Lamont Williams

Faculty Research, Scholarly, and Creative Activity

In this article, the author describes their mental health struggles tied to Black Masculinity as a (former) Black athlete. In particular, the author focuses on the stigma surrounding mental health in the Black community and the ways in which Blackness, Black masculinity, and mental health battles emulate the (Black) struggle that must be. The author attempts to highlight the complicated nature of mental health struggles, specifically the ways in which suicide is handled in the world of sport and the ways in which the narrative can have juxtaposed racial frameworks. The author moves into and through their own personal experiences …

New Crossroads And The Opportunity For A Crisis: The State Of Canadian Legal Education, Catherine Dauvergne

All Faculty Publications

This article considers the challenges facing Canadian law schools and compares the current state of affairs to that analyzed in the 1983 Arthurs Report. The opening sections describe how Canadian legal education is globally unique because of the tacit agreement between law schools and the legal profession that limits the number of law school seats in Canada and helps ensure the success of law schools and law students. On the fortieth anniversary of the Arthurs Report, the article concludes that legal education in Canada is overdue for a new mapping of its strengths, challenges, and future directions that takes the …

Expecting Corporate Prosociality, Hajin Kim

Coase-Sandor Institute for Law & Economics Research Paper Series

Teaching people that corporations must exclusively maximize profits can reduce “win-wins”—what is both profitable and good for society. If everyone believes that corporations must maximize profits only, nobody will protest when corporate pursuits of profits harm society—the firms were fulfilling their duty and meeting investor and consumer expectations. But what if people instead believed that corporations should consider their social impacts, even sometimes at the expense of profits? Consumers, employees, and investors might be more willing to object to corporate harms by changing their purchasing, job choice, and investing behaviors or by petitioning corporate leaders for redress. Those objections would …

Privacy Protection, At What Cost? Exploring The Regulatory Resistance To Data Technology In Auto Insurance, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Regulatory and sociological resistance to new market-driven technologies, particularly to those that rely on collection and analysis of personal data, is prevalent even in cases where the technology creates large social value and saves lives. This article is a case study of such tragic technology resistance, focusing on tracking devices in cars which allow auto insurers to monitor how policyholders drive and adjust the premiums accordingly. Growing empirical work reveals that such “usage-based insurance” induces safer driving, reducing fatal accidents by almost one third, and resulting in more affordable and fair premiums. Yet, California prohibits this technology and other states …

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Community Accountability, M. Eve Hanan, Lydia Nussbaum

Scholarly Works

This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …

Ethics For Real Estate Lawyers Today, John G. Cameron Jr., Nancy B. Rapoport

Scholarly Works

This essay discusses various ethics issues that real estate lawyers experience: everything from new ABA Model Rule 8.4(g) (avoiding discrimination) to rules that apply when a lawyer works from home to technological competence and social media to the attorney-client privilege and to advance conflicts waivers. There is also a social science overlay that discusses why smart people do dumb things.

Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan

Scholarly Works

Part I outlines the many ways that corporate employers fail in racial equity efforts and the barriers that have been put into place to keep BIPOC workers from succeeding. Drawing from industrial organizational psychology and sociology, I identify six distinct challenges that must be remedied or ameliorated in order for BIPOC to achieve pay equity in the corporate climate. Part II identifies and analyzes the decades of litigation and class action settlements that have tried and failed to address the persistent lack of BIPOC representation in the financial industry. I categorize these cases into three waves of litigation intended to …