Digital Commons Network^™

Disaster Discordance: Local Court Implementation Of State And Federal Eviction Policies, Lauren Sudeall, Elora L. Raymond, Philip M.E. Garboden

Vanderbilt Law School Faculty Publications

Eviction sits at the nexus of property rights and the basic human need for shelter-the former benefits from a strong framework of legal protection while the latter does not. In most eviction courts across the country, therefore, the right to housing is unrecognized, while landlords' economic interests in property are consistently vindicated.

The public health crisis unleashed by COVID-19 temporarily upended that (im)balance. Emergency federal and state eviction prevention policies issued in response to COVID-19 prioritized public health-and the need for shelter to prevent the spread of disease-over typically dominant property rights. In doing so, they presented courts with an …

Exploring The Relationship Between Civil Legal Assistance And The Outcomes Of Domestic And Intimate Partner Violence Victims: A Literature Review, Kailena E. Anderson

Honors Thesis

While there are a variety of services available to victims of Domestic and Intimate Partner Violence, the civil legal needs of victims often go unmet. In addition to this, these is a relatively small body of research from which programs that provide civil legal aid can discover best practices and use evidence-based approaches. This article aims to begin addressing these issues by examining available literature and program evaluations, connecting program factors to client outcomes. The two main conclusions found from the evaluation are that full representation provides the most benefits and that the type of law being practiced (i.e. protective …

Racial Justice And Marijuana, Steven Bender

Faculty Articles

Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society toward true racial justice, measured by material and actual outcomes for systemically subordinated groups. In the same way that criminalization of marijuana was one of the tools for racial control, legalization of marijuana can be a revenue-based tool toward an anti-subordination future of material equality. While recognizing the shortcomings …

Tracking System Effectiveness For Texas Police Departments In Low-Income Communities, Jakob Scarcelli

Honors Theses

No abstract provided.

The Effects Of Identity Conflict And Identity Salience On Job Satisfaction And Vocational Connectedness In Minority Law Enforcement Officers, Kityara James

Open Access Theses & Dissertations

Law enforcement agencies are having trouble recruiting, hiring, and maintaining ethnic minority officers. Although the Department of Justice identified multiple issues minorities face while pursuing and engaging in the profession, there have been few efforts to determine the source of these problems and how to overcome them. In a stressful profession that doesn't historically align with being a minority, the difference between staying with that job or going to another one may lie in how connected to the job and how satisfied with that job minority law enforcement feel. The current study explores how ethno-racial and police identity salience and …

Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher

All Faculty Scholarship

This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …

The Economics Of Mass Incarceration: How Imprisonment Due To Drug Offenses Impacts The Economy Of Texas, Leah N. Letterhos

Senior Theses

I begin by addressing drug use and how it impacts individuals’ economic outcomes, through psychological substance abuse disorders, income, and employment, where I discuss how each factor is impacted by drug use. Next, I undergo the same process for how incarceration and how it affects economic outcomes of individuals, through the debt cycle, the drain of household resources, limited/lack of pay while in prison, and difficulty in finding employment after release from prison. I follow this by connecting incarceration to drug use by writing about the background on the United States’ incarceration rates and link to drug enforcement and systemic …

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

Employed Desistance: Identifying Best Employment-Focused Interventions And Practices For Gang Desistance, Jacob Fergen Albert

LMU Theses and Dissertations

This study examined those employment-focused interventions (services, programming, mentorship, other supports) most effective in supporting an individual’s desistance from gang involvement. Utilizing a qualitative approach (interviews, document analysis and nonparticipant observation), this study engaged with individuals and organizations involved in the critical work of gang desistance to learn what makes their practices most effective. The criticality of gang desistance work lies in its efforts to address the thousands of lives continually lost each year as a result of gang-involvement and activity. Where gangs exist in cities, towns and communities across the country (and world, for that matter), the approaches of …

Giving The Green Light: Corporate Environmental Crimes, The Treadmill Of Production, And Environmental Justice, Matthew J. Greife

Social and Cultural Sciences Faculty Research and Publications

In addition to legal considerations, what other factors correlate with and seem to affect fines companies are assessed when they commit an environmental crime? Relying upon the treadmill of crime theoretical framework we hypothesize that companies committing environmental crimes in poor and minority dominated communities will receive lower relative fines because the harms are viewed as less serious by prosecutors and judges, thus resulting in environmental injustice. In addition, from a green criminological framework, a company’s economic situation may be considered in setting fines so as not to slow down the treadmill of production. Using a unique dataset of firms …

Legal Order At The Border, Evan J. Criddle

Faculty Publications

For generations, the United States has grappled with high levels of illegal immigration across the U.S.-Mexico border. This Article offers a novel theoretical framework to explain why legal order remains elusive at the border. Drawing inspiration from Lon Fuller’s “interactional view of law,” I argue that immigration law cannot attract compliance unless it is general, public, prospective, clear, consistent, and stable; obedience with its rules is feasible; and the law’s enforcement is congruent with the rules as enacted. The flagrant violation of any one of these principles could frustrate the development of a functional legal order. Remarkably, U.S. immigration law …

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

Articles

In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …

Implementing Clinical Decision Support Aimed At Reducing Co-Prescribing Of Opioids And Benzodiazepines At Adventist Healthcare Maryland, Monica Coley

Translational Projects (Open Access)

Clinical Decision Support (CDS) leverages computerized toolsets to provide condition specific guidance that aids providers in clinical decision making processes (AHRQ, 2019; AMIA, n.d.; ONC, 2018). Research has shown that applying CDS, interruptive within the electronic health record (EHR) prescribing workflow, can assist providers with avoiding unsafe medication prescribing, such as 1) multiple opioids and 2) opioid-benzodiazepine combinations (Malte et al., 2018; Smith et al., 2019, Price-Haywood et al., 2020; Nelson et al., 2022). In an effort to decrease the co-prescribing rate for 1) multiple opioids and 2) opioid-benzodiazepine combinations, Adventist HealthCare Maryland (AHC) launched a performance improvement project in …

Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan

University of Richmond Law Review

The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …

Richmond Law Magazine: Spring 2023, University Of Richmond

Richmond Law Magazine

Rules of (Civic) Engagement

The More You Give

100 Years of Women at Richmond Law

The Risk Of Protection: Examining The Contextual Effects Of Child Protective Services On Child Maltreatment Fatalities In The U.S., Cosette Morgan Mccullough

Theses and Dissertations

Much research has been done in the field of child homicide. While child homicide is a statistically rare event, it is especially pervasive in the United States. A subsection of research in the child homicide literature is the topic of child maltreatment fatalities, defined as when a child is killed through the means of maltreatment, such as physical abuse or neglect. What has been less so researched, however, is the combination of factors that can affect a child’s fatality risk. The current study seeks to expand on the previous research using the 2019 Child File of the National Child Abuse …

The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe

Selected Honors Theses

Young women are the fastest-growing portion of the juvenile justice system population. Girls experience risk factors at higher rates than boys, exhibit mental health issues at higher rates than boys, suffer more negative consequences from justice system involvement than system-involved boys, and are less likely to access treatment than boys. Girls are also more likely to become involved with the justice system for minor offenses such as running away or skipping school. In particular, young women of color receive unfair treatment than their counterparts. Girls of color are disadvantaged and treated differently within both the juvenile and criminal justice systems …

More Indicators Of The Falling Support For The Death Penalty, Talia Roitberg Harmon, Michael L. Radelet

California Western International Law Journal

No abstract provided.

Mental Illness And Criminal Justice, Belli, Kelsey

Santa Clara Journal of International Law

This paper assesses some of the critical issues relevant to the connection between the mental health and criminal justice systems. Throughout the entirety of this paper there will be a comparison between the Unites States, France, and the Netherlands. This article will examine the current statutes, case law, and public policies in place in the criminal justice and mental health systems. It will offer a comparison between the balance of needs of individuals suffering from mental health issues and the maintenance of public safety. The first section will look at the historical background of how individuals were found to be …

Bangladesh's International Crimes Tribunal: A Cautionary Tale And A Call For Hope, * Anonymous

California Western International Law Journal

No abstract provided.

Quest: Spring 2023, Lynn University

Quest Literary & Arts Journal

Quest: Lynn University Literary & Arts Journal

Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.

In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …

Facing Wicked Problems During A Pandemic And Beyond: A Case Study In Using Design Thinking For Ctl Development And Growth, Jenna Pack Sheffield, Devon Moore

To Improve the Academy: A Journal of Educational Development

In this article, the authors share the challenges we faced as we launched a center for teaching and learning during the COVID-19 pandemic, and we describe how we used design thinking as a strategy for working through these challenges. The article presents an overview of the design thinking process, a case study of our application of the process, and recommendations for how educational developers can leverage design thinking as a strategy for solving problems related to limited resources and low faculty engagement.

Racial Myopia In [Family] Law, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex phenomenon in almost every area of law, and it presents most often by centering whiteness as the default standard while failing to account for race and its impact on the law. Race—as well as the scholarship that incorporates race into normative family structure and identity—must be …

Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe

Faculty Scholarship

McCleskey v. Kemp¹ operates as a barrier to using the Equal Protection Clause to achieve racial justice in criminal administration.² By restricting the use of statistical evidence in equal protection challenges, McCleskey stifled the power of the discriminatory intent doctrine to combat the colorblind racism emanating from facially neutral criminal law statutes and governmental actions.³ But what if McCleskey had been decided differently? Given that Washington v. Davis⁴ held that the challenged law or governmental action had to be “traced to a discriminatory racial purpose,”⁵ could McCleskey have articulated an approach to equal protection doctrine …

The Beacon, March 31, 2023, Beacon Staff

The Beacon, 2022-2023

Unsung Heroes: Sherry Lang; The best of NW campus pranks; Cyrus's artistry not an endless trip; Film depicts America's spiritual awakening; A celebration of a century of theatre; Annual dance concert shows students' creativity; Environment importance in April: Earth Month; Using teaching experiences to serve with NEXT; Students enjoy the places of Orange City; The lovely pranks of NW; Should Women Be Pastors?; Why Hockey is the Best Sport; Dykstra and Vandersall Lead NWC Athletics; NW and Mayhem in the Middle of March; Double Trouble and Single Swingle on the Court; Engaging illusion show wows audiences; Battle continues for bragging …

Research Trends In Cybercrime And Cybersecurity: A Review Based On Web Of Science Core Collection Database, Ling Wu, Qiong Peng, Michael Lembke

International Journal of Cybersecurity Intelligence & Cybercrime

Studies on cybercrime and cybersecurity have expanded in both scope and breadth in recent years. This study offers a bibliometric review of research trends in cybercrime and cybersecurity over the past 26 years (1995-2021) based on Web of Science core collection database. Specifically, we examine the growth of scholarship and the expanded scope of subject categories and relevant journals. We also analyze the research collaboration network based on authors’ affiliated institutions and countries. Finally, we identify major topics within the fields, how each topic relates to – and diverges from – one another, and their evolution over time. Overall, we …

Prelaw Magazine Lauds Nyls In Winter 2023 Issue, Julia Sonenshein

NYLS Community News

No abstract provided.

The Minutes Of The Marshall University Graduate Council Meeting, March 31, 2023, Marshall University Graduate Council

Graduate Council Minutes

No abstract provided.

The Minnesota Second Chance Expungement Gap, Colleen Chien

Faculty Publications

Minnesota Statute Sections 609A, 243.166, and 609.02 define conditions under which individuals with criminal records can expunge their records. Ascertaining, then applying the law to a sample of 581,478 criminal histories of people with convictions records, and then extrapolating to the estimated population of 1.1M individuals in the state with criminal records , 2 we estimate the share and number of people who are eligible for relief but have not received it and therefore fall into the “second chance gap,” the difference between eligibility for and receipt of records relief. Importantly, we assumed that all who met the threshold criteria …