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2023

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The Scope Of The Prison Mailbox Rule, Caitlyn B. Switzer May 2023

The Scope Of The Prison Mailbox Rule, Caitlyn B. Switzer

Liberty University Law Review

Federal courts are filled with situations where an inmate might rely on the prison mail system to mail a document to the court. However, the prison mail system is notoriously unreliable. The prison mailbox rule was formed to provide a fair opportunity for inmates to personally mail a filing to the court before the expiration of the legally permitted time to file.

Federal Rule of Appellate Procedure 4(c) codifies the prison mailbox rule. It provides that an inmate’s appeal is considered filed with the clerk when the inmate delivers the filing to prison mail authorities. Prior to the Supreme Court’s …


Greened Out: Improving Virginia's Recreational Marijuana Legislation, M Logan Blake May 2023

Greened Out: Improving Virginia's Recreational Marijuana Legislation, M Logan Blake

Liberty University Law Review

With the passage of the Cannabis Control Act in 2021, Virginia became the first southern state to legalize recreational marijuana. However, the operative language of the new possession statute, “a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of marijuana,” coupled with the lawful ability to grow four marijuana plants in residences, created interpretational issues. What would happen to a lawful home-grower whose marijuana plants produced more than one ounce? The General Assembly fixed this problem in a 2022 budget amendment that created a blanket …


The Role Of School Leadership In Preparing High School Teachers To Engage In Restorative Practices, Margaret Chmura May 2023

The Role Of School Leadership In Preparing High School Teachers To Engage In Restorative Practices, Margaret Chmura

Doctor of Education Program Dissertations

In schools across the United States, student discipline policies have traditionally been punitive, removing students from the educational. Researchers have shown that punitive consequences are often assigned inordinately to subgroups of students (e.g., Black or Brown students and special education students). Restorative practices are an alternate approach to punitive consequences and are transforming student discipline in schools across the country. The purpose of this qualitative case study was to discover types of support that are needed from school leaders in transitioning teachers to the use of restorative practices in the high school setting. Five teacher participants engaged in the study …


#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray May 2023

#Nofilter: How Discovery Filter Teams Breach Privilege Rights And Why They Require Stricter Regulation, Kelly Murray

Global Business Law Review

This note examines the Supreme Court’s substantial need to weigh in on how filter teams should be used given current circuit splits and identifies several best practices to remedy the issues they currently present. Part I discusses the principal issues for which filter teams are scrutinized. Namely, numerous district courts hold that filter teams provide the government with the unfair advantage of determining which materials from their opposing counsel are privileged. This often leads to an overly broad inclusion of privileged documents, which can violate defendants’ Sixth Amendment rights to a fair and complete trial. Some courts even go so …


Moral Panics And Politicians Who Create Them: A Comparative Historical Analysis Of The Crack-Cocaine And Methamphetamine Epidemics In The United States, Sasha Nicole Burdsal May 2023

Moral Panics And Politicians Who Create Them: A Comparative Historical Analysis Of The Crack-Cocaine And Methamphetamine Epidemics In The United States, Sasha Nicole Burdsal

Student Theses and Dissertations

This study compares two widely known drug epidemics: the crack-cocaine epidemic and the methamphetamine epidemic that has shifted our criminal justice system and societies within the last 40 years. The research is conducted utilizing a qualitative content analysis, with a concentration on the rhetoric of politicians who create a moral panic around any specific drug when beneficial to them. Racial disparity demonstrated through inconsistent sentencing and mistreatment of individuals is investigated, along with the militarization of police as ordered by government officials. The War on Drugs – a war that can never be won – is thoroughly reviewed to elucidate …


Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd May 2023

Indiana Law Faculty Member’S Book Honored With Ippy, Other Awards, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Nearly a year to the day since it was published, a book from incoming Indiana University Maurer School of Law faculty member has earned an Independent Publisher Book Award (“IPPY.”)

Professor Valena Beety’s Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights won the Gold Medal in Women’s Issues. Since 1997, the Independent Publisher Book Awards have been recognizing the best independently published books each year.

Released on May 30, 2022, Beety’s book has already won two other prestigious awards—the Montaigne Medal and the Sarton Nonfiction Award—this spring.

“Professor Beety is a tremendous teacher and scholar, and we’re proud to see …


Unmasking Bias: Investigating Strategies For Minimizing Discrimination In Ai Models, Julia L. Martin May 2023

Unmasking Bias: Investigating Strategies For Minimizing Discrimination In Ai Models, Julia L. Martin

Computer Science Senior Theses

Artificial Intelligence (AI) models are increasingly used as predictive tools with real-world applications occurring in diverse fields ranging from the healthcare industry to the criminal justice system. While AI often offers efficient and relatively effective solutions, there are growing concerns regarding AI’s role in decision-making processes due to potential biases embedded in these models. In many cases, bias in AI models can produce unfair outcomes, perpetuate social inequities, and undermine the trustworthiness of AI systems. This thesis explores this problem and spotlights certain biased models that are currently utilized in real-world situations. One such example is a highly biased AI …


Investigating English-Language Dialect-Adjusted Models, Samiha Datta May 2023

Investigating English-Language Dialect-Adjusted Models, Samiha Datta

Computer Science Senior Theses

This thesis describes several approaches to better understand how large language models interpret different dialects of the English language. Our goal is to consider multiple contexts of textual data and to analyze how English-language dialects are realized in them, as well as how a variety of machine learning techniques handle these differences. We focus on two genres of text data: news and social media. In the news context, we establish a dataset covering news articles from five countries and four US states and consider language modeling analysis, topic and sentiment distributions, and manual analysis before performing nine experiments and evaluating …


Queer Rights After Dobbs V. Jackson Women's Health Organization, Robin Maril May 2023

Queer Rights After Dobbs V. Jackson Women's Health Organization, Robin Maril

San Diego Law Review

Dobbs v. Jackson Women’s Health Organization has ignited a firestorm of commentary warning that the end of Roe v. Wade would inevitably lead to the end of constitutionally protected queer rights. This article argues that it is far too soon to concede that Lawrence v. Texas and Obergefell v. Hodges are destined for the dustbin of history. Queer rights and abortion rights both advance equality and have significant liberatory value, but they are functionally different rights that rest on distinct legal foundations. Although both sets of rights may be essential to a progressive platform for inclusive political and social change, …


Measuring Success: An Evaluability Assessment For The Grand Forks Domestic Violence Court, Adam K. Matz, Roni Mayzer, Samantha Ledahl, Aj Buntrock May 2023

Measuring Success: An Evaluability Assessment For The Grand Forks Domestic Violence Court, Adam K. Matz, Roni Mayzer, Samantha Ledahl, Aj Buntrock

Criminal Justice Faculty Publications

First implemented in the 1990s, specialized domestic violence courts represent one of several solutions developed to improve the response to domestic violence and enhance services for victims (Collins et al., 2021). Other solutions have included mandatory arrest and prosecutorial no-drop policies as well as increased funding support for victim services. There are reportedly over 300 DVCs in the United States as well as 50 in Canada and 100 in the United Kingdom (Eley, 2005; Gutierrez et al., 2016; Hemmens et al., 2020; Home Office, 2008; Tutty & Koshan, 2013). Based on input from a variety of key stakeholders including judges, …


The Path Of Securitization: Transformation Of Free Papua Movement (Opm) Terminology From Armed Criminal Groups To Separatist And Terrorist Groups, I Putu Hadi Pradnyana May 2023

The Path Of Securitization: Transformation Of Free Papua Movement (Opm) Terminology From Armed Criminal Groups To Separatist And Terrorist Groups, I Putu Hadi Pradnyana

Journal of Terrorism Studies

The purpose of this study is to analyze the pattern of securitization in Papua using the speech act framework. Regarding the response to the change in status or terminology of the Free Papua Movement or Organisasi Papua Merdeka (OPM) to the Separatist Terrorist Group. The Securitization Theory of the Copenhagen School defines security as a social construction and process, not as an objective condition. This contrasts with the traditional security studies approach which defines security in terms of the threat, use, and control of military force by state actors. This research will focus on the pattern of securitization of the …


Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis May 2023

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …


Discretion And Deterrence In Tax Sentencing After Rita, Gall And Kimbrough—Opportunities For Alternative Sentences And Potential Abuses, Marla Schwaller Carew May 2023

Discretion And Deterrence In Tax Sentencing After Rita, Gall And Kimbrough—Opportunities For Alternative Sentences And Potential Abuses, Marla Schwaller Carew

Florida Tax Review

In Part II of this Article I will describe the prehistory and creation of the United States Sentencing Commission and Federal Sentencing Guidelines, the roots of the concept of "white collar" crime and its treatment under the Guidelines, and the goals specific to white collar criminal sentencing that motivated Congress, in part, to take these steps to formalize criminal sentencing. I will briefly revisit the Supreme Court's first holdings regarding the limits of the Guidelines and the Sixth Amendment in Koon v. United States, Apprendi v. New Jersey, Blakely v. Washington and United States v. Booker, which …


Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward May 2023

Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward

Villanova Law Review (1956 - )

No abstract provided.


Democratizing Tthe Eighth Amendment, Erin E. Braatz May 2023

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review (1956 - )

No abstract provided.


Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela May 2023

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review (1956 - )

No abstract provided.


Phr & Clihhr Submission To Icc Otp (May 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr) May 2023

Phr & Clihhr Submission To Icc Otp (May 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in May 2023 to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). It provides legal and strategic recommendations on investigating and prosecuting crimes of sexual and gender-based violence, with an emphasis on survivor-centered approaches and international legal standards. The submission highlights the importance of addressing such crimes within the framework of international justice.


Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott May 2023

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Law & Economics Working Papers

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …


2023-May-29-Their Memory Lives On, University Marketing And Communication, East Tennessee State University May 2023

2023-May-29-Their Memory Lives On, University Marketing And Communication, East Tennessee State University

ETSU News

(May 29, 2023) — Beginning after the American Civil War, Memorial Day has its roots as a day of remembrance for those who have died during United States military service.  

 

In the decades following, communities, cities and states began observing the event.

ETSU pays tribute to veterans

Now a federal holiday, Memorial Day sees scores of Americans visit cemeteries and memorials, usually placing an American flag at gravesites.  

 

In that spirit, ETSU looks back at former students who gave their lives in service of their country. These veterans are part of the storied history of ROTC at ETSU, now celebrating …


Implementation Of Clinical Institute Withdrawal Assessment: Alcohol Revised (Ciwa-Ar) Education Program In A Crisis Stabilization Unit, Amanda Dehart May 2023

Implementation Of Clinical Institute Withdrawal Assessment: Alcohol Revised (Ciwa-Ar) Education Program In A Crisis Stabilization Unit, Amanda Dehart

Doctor of Nursing Practice Final Manuscripts

Background: At this time the crisis stabilization Units do not currently utilize the Clinical Institute Withdrawal Assessment: Alcohol Revised tool with patients who may experience Alcohol Withdrawal Syndrome. Patients with alcohol use disorders have a high comorbidity rate with psychiatric disorders (Butterfield, et al, 2020). The Clinical Institute Withdrawal Assessment: Alcohol Revised or CIWA-Ar is currently the most widely used assessment tool in the psychiatric setting when assessing patients who may be experiencing Alcohol Withdrawal Syndrome (Pribék, et al, 2021) .

Purpose of Project: The purpose of this project is to measure pre and post -education knowledge of the registered …


Economic Thought: A Biblical Perspective, Williams Kwasi Peprah, Lucile Sabas, Carmelita J. Troy, Quentin Sahly, Delynne Shepard May 2023

Economic Thought: A Biblical Perspective, Williams Kwasi Peprah, Lucile Sabas, Carmelita J. Troy, Quentin Sahly, Delynne Shepard

Adventist Human-Subject Researchers Association

The research contributes to the ongoing debate of capitalism or socialism as a Christian's economic thought. Following Jesus Christ's exemplary life, the research concludes that Jesus Christ is variously portrayed as a social reformer, revolutionary socialist and compassionate capitalist. Therefore, Christians must have the same economic thought.


Mental Illness And Ethnic Identity And Their Relationship With Internalized Stigma Among Individuals Identifying As Latinx And Diagnosed With A Mental Illness, Melissa V. Martinez May 2023

Mental Illness And Ethnic Identity And Their Relationship With Internalized Stigma Among Individuals Identifying As Latinx And Diagnosed With A Mental Illness, Melissa V. Martinez

Student Theses

Identity plays a key role in all matters regarding mental health, especially in experiences of stigma. Stigma, a term used to describe the processes of labeling and stereotyping of particular groups, has been shown to be a major contributor to mental health outcomes. Internalization of stigma, is an emotional and behavioral response that further affects an individual’s functioning beyond the effects of a mental disorder. The relationship between stigma and certain identities, such as gender, have been clearly demonstrated in prior research. However, identity is a complex concept that varies in meaning between individuals. The significance of a particular identity …


The Relationship Between Social Mobilization, Crime, And Crime Control: A Longitudinal Analysis Of 900 Cities In The U.S. Between 1964-1995, Erin R. Coleman May 2023

The Relationship Between Social Mobilization, Crime, And Crime Control: A Longitudinal Analysis Of 900 Cities In The U.S. Between 1964-1995, Erin R. Coleman

Sociology ETDs

This dissertation explores the longitudinal relationships between social mobilization, crime, and crime control. The dataset used to explore these relationships combine Uniform Crime Report (UCR) data on crimes known to the police and crime clearances by arrest with decennial census data and data on reported social mobilization events reported in the New York Times between 1964-1995. The data include information from all these sources for over 900 cities in the U.S. Analyses model violent and property crime counts, and well as clearance by arrest rates in the month after the social mobilization events. Results show that social mobilization is often …


Problem Gambling, General-Strain Theory, And Gender, Michelle Malkin May 2023

Problem Gambling, General-Strain Theory, And Gender, Michelle Malkin

International Conference on Gambling & Risk Taking

Prior research identified a host of factors that increase the likelihood that an individual will become a problem gambler, most of which would be identified by criminologists as “strains” under the framework of General Strain Theory (GST). Yet, GST has not been widely used as a possible explanation for why people become problem gamblers. In addition, there has been little examination of how gender interacts with those variables to affect problem gambling. In this research, I display how propositions from GST provide a framework for understanding why people become problem gamblers and whether gender is a moderating factor in this …


Problem Gambling Severity And Lgbtq+ Status: Evaluating Influence Of Age And Comorbid Mental Health And Substance Use Problems, Jackie Stanmyre, Lia Nower, Michelle Malkin, Ryan Dimeglio May 2023

Problem Gambling Severity And Lgbtq+ Status: Evaluating Influence Of Age And Comorbid Mental Health And Substance Use Problems, Jackie Stanmyre, Lia Nower, Michelle Malkin, Ryan Dimeglio

International Conference on Gambling & Risk Taking

Abstract: This presentation will explore the relationship between LGBTQ+ identification and risk for problem gambling. Research has long identified in sexual minority groups higher rates of most mental health indicators, including anxiety, depression, suicidality, and substance misuse. However, little attention has focused on their risk of developing gambling problems. This study used an epidemiological sample of adults (N = 3,414), 6% of whom identified as LGBTQ+ (n = 216). Bivariate comparisons found those who identified as LGBTQ+ had significantly higher problems with gambling, alcohol, drugs, anxiety, depression, and a wide range of behaviors (e.g., binge eating, pornography …


Entre Madres, Putas Y Buchonas: A Content Analysis Of Narco Shows And Their Representation Of Women, Salma Galvan May 2023

Entre Madres, Putas Y Buchonas: A Content Analysis Of Narco Shows And Their Representation Of Women, Salma Galvan

Senior Theses

Fatima Cecilia was seven years old when she went missing from the gates of her elementary school in Mexico City. She was last seen on February 11th, 2020, walking hand in hand with an unidentified woman. Four days later, her body was found in a plastic bag; she had been sexually assaulted. This case shook the nation and served as a reminder of the fear and danger that girls face every day. On average, ten women a day are killed in Mexico, half of them by a significant other or someone they knew (Villegas, 2020 p1). Women not only face …


Promoting Service-Learning Through An Interdisciplinary And Decentralized Faculty Fellows Program, Shannon Cummins, Mitzi J. Ritzman, C. Cecilia Tocaimaza-Hatch, Jodi Benenson, Andrea Mm Weare May 2023

Promoting Service-Learning Through An Interdisciplinary And Decentralized Faculty Fellows Program, Shannon Cummins, Mitzi J. Ritzman, C. Cecilia Tocaimaza-Hatch, Jodi Benenson, Andrea Mm Weare

Communication Faculty Publications

The adoption of service and community-based learning can be a challenge across campus. Some units or departments might embrace the approach while others believe it can’t be done in their discipline. Despite being shown to offer benefits for learning and retention, recruiting faculty participation in service and community-based learning (SL/CBL) can be challenging. This article describes the origination and first two years’ outcomes of a decentralized faculty fellow program (FFP) across six colleges at a metropolitan university. The first cohort of faculty recruited for the FFP were tasked with serving as a resource for fellow college faculty/staff after collaborating with …


Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams May 2023

Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams

Doctoral Dissertations and Projects

There has been a rise in violent extremist attacks throughout America since the attack on the World Trade Center in 2001. However, law enforcement has been challenged in developing means and methods to combat the rise in terrorist activities. Using and enhancing community policing strategies have shown promising results in identifying terroristic individuals. A literature review shows that community policing strategies have been effective in combating and reducing violence and may be effective in mitigating terrorist activities. Community policing can be a necessary means for identifying radical individuals involved in terrorist activities. This research proposes to discover an effective and …


Promoting Service-Learning Through An Interdisciplinary And Decentralized Faculty Fellow Program, Shannon Cummins, Mitzi J. Ritzman, Jodi Benenson, C. Cecilia Tocaimaza-Hatch, Andrea Mm Weare May 2023

Promoting Service-Learning Through An Interdisciplinary And Decentralized Faculty Fellow Program, Shannon Cummins, Mitzi J. Ritzman, Jodi Benenson, C. Cecilia Tocaimaza-Hatch, Andrea Mm Weare

Communication Faculty Publications

The adoption of service and community-based learning can be a challenge across college campuses. Some units or departments might embrace the approach, while others believe it cannot be done in their discipline. Despite being shown to offer benefits for learning and retention, recruiting faculty participation in service and community-based learning (SL/CBL) can be challenging. This article describes the origination and first two years’ outcomes of a decentralized Faculty Fellows Program (FFP) across six colleges at a metropolitan university. After collaborating with college administration to determine priorities, the first cohort of faculty recruited for the FFP was tasked with serving as …


A Quantitative Study Exploring The Perceptions Of Body-Worn Camera Use In The Texas Department Of Juvenile Justice, David Dean Stender May 2023

A Quantitative Study Exploring The Perceptions Of Body-Worn Camera Use In The Texas Department Of Juvenile Justice, David Dean Stender

Doctoral Dissertations and Projects

Social justice issues led to the implementation of body-worn cameras (BWC) in police departments throughout the United States. This widespread implementation provided research results to assist other police agencies in considering implementation; however, no similar criminal justice solution for adult and juvenile corrections has been implemented with the same level of practicality. BWCs have the potential to protect inmates according to the Prison Rape Elimination Act’s (PREA) requirements and represent the most critical social justice issue in corrections: advocating civil rights. The former Texas Youth Commission (TYC) was re-branded as the Texas Juvenile Justice Department (TJJD) due to a history …