Digital Commons Network^™

Obey Or Abey: An Empirical Examination Of Abeyance Agreements In Public School Discipline, Rachael K. Cox

Northwestern University Law Review

“Exclusionary discipline” is widely understood to mean the typical responses to student misbehavior in public schools: suspension and expulsion. But sometimes their lesser-known counterpart, the abeyance agreement, swoops in before the suspension or expulsion is effectuated and gives the student a “second chance” to avoid such exclusionary discipline—provided the student complies with the terms of the agreement. It sounds simple, but the reality is far more complicated. Without a clearly defined, regulated, and tracked practice, abeyance agreements are an off-record discipline device used at the sole discretion of public school district administrators. Joining a landscape of urgent concerns over the …

The Architecture Of Discretion: Implications Of The Structure Of Sanctions For Racial Disparities, Severity, And Net Widening, Ryan T. Sakoda

Northwestern University Law Review

About four million people are serving a term of probation, parole, or post-release supervision in the United States. Due to the extensive use of incarceration as a punishment for conditions violations, these community supervision programs are a major factor contributing to mass incarceration and, as this Article shows, can play a significant role in exacerbating racial disparities in the criminal legal system.

In recent years, jurisdictions throughout the United States have made reforms to their community supervision programs. A major trend in community supervision reform is the integration of new sanctioning structures, such as “swift and certain” sanctions, for conditions …

Embodied Pedagogies For Transformation: Bringing Yoga Strategies Into College Classrooms, Audrey Lundahl, Analouise Keating

Journal of Contemplative Inquiry

We argue that incorporating a yogic pedagogical approach in college classrooms, specifically classrooms that cover issues of race, gender, sexuality, and violence, allows an instructor and thus their students to focus on embodiment and specifically how our bodies hold physical and psychological wounds of oppression while creating new methods to understand oppression more deeply. We suggest that incorporating body awareness practices like yoga into the classroom can promote both personal healing and a deeper understanding of systemic oppression by demonstrating the connections between the two. Body-based pedagogy allows students to think critically, mindfully, holistically, and creatively about responding to injustice …

Advancing Black Youth Justice And Healing Through Contemplative Practices And African Spiritual Wisdom, Michelle C. Chatman

Journal of Contemplative Inquiry

Enduring constructs of inequity seem to perpetually devalue Black youth, casting them as insignificant and disposable. Critical contemplative pedagogy can help us disrupt the damaging narratives and systems that impede youth thriving, while also awakening us to a deeper knowing of justice. In this reflective essay, I offer a reimagining of Black youth through the use of contemplative practices and West African cultural wisdom.

We[Ed] The People: How A Broader Interpretation Of The Rohrabacher-Farr Amendment Effectuates The Changing Social Policy Surrounding Medical Marijuana, Tess A. Chaffee

University of Cincinnati Law Review

No abstract provided.

A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez

University of Cincinnati Law Review

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa R. Lee, Robert S. Chang, Fred T. Korematsu Center For Law And Equality, Teamchild, Washington Association Of Criminal Defense Lawyers

Fred T. Korematsu Center for Law and Equality

In re the Personal Restraint of Keonte Smith, Petitioner.

Core And Periphery In Constitutional Law, R. George Wright

William & Mary Law Review Online

This paper embarks on an excursion through a number of the most vital constitutional rights cases, and other contexts as well, and seeks to show that the recurring judicial attempts to distinguish between core and peripheral areas within any given broad constitutional right are unnecessary and distracting. Intriguingly, the case for this conclusion varies significantly depending upon the nature of the general constitutional right in question. But the overall lesson is that courts should abandon their attempts to distinguish between core and peripheral areas of any given broad constitutional right. Courts should instead focus—directly or indirectly—on their best assessment of …

Text Messages Exchanged Between Individuals With Opioid Use Disorder And Their Mhealth E-Coaches: Content Analysis Study, Yerina S Ranjit, Warren M Davis, Andrea Fentem, Raven Riordan, Rikki Roscoe, Patricia Cavazos-Rehg

2020-Current year OA Pubs

BACKGROUND: Opioid use disorder (OUD) has affected 2.2 million people in the United States. About 7.2 million people reported using illicit drugs in 2019, which contributed to over 70,000 overdose deaths. SMS text messaging interventions have been shown to be effective in OUD recovery. However, the interpersonal communication between individuals in OUD treatment and a support team on digital platforms has not been well examined.

OBJECTIVE: This study aims to understand the communication between participants undergoing OUD recovery and their e-coaches by examining the SMS text messages exchanged from the lens of social support and the issues related to OUD …

Fort Hays State University Tiger Weekly, March 10, 2023, University Relations

Tiger Weekly Newsletters

No abstract provided.

Access To Justice In The Southeast, Roger V. Skalbeck

Law Conference Materials

“Access to Justice in the Southeast” provides an overview of all Access to Justice Commission organizations in the Southeastern region of the United States. This guide also includes links to statewide legal information platforms, together with descriptions and links to additional region-specific efforts. The guide is supplemented with additional resources, including links to each region’s ABA Free Legal Answers site, when available. The guide was created in conjunction with the 2023 Southeastern Association of Law Libraries conference, held in Richmond, Virginia.

Vol.50 N.33 March 9th 2023, Voice Media Ventures

Black Voice News

No abstract provided.

Elementary School Educators’ Perceptions Of Discipline Policies And The Overrepresentation Of Discipline Outcomes In Urban Settings, William Casey Cooper

Ed.D. Dissertations

Since the formation of schools, schools have developed ways of understanding discipline and ensuring a safe and orderly environment. Governmental personnel began to influence local school policies beginning in 1989, with United States President Ronald Reagan’s War on Drugs campaign. This led to the creation and development of zero-tolerance policies. School districts implemented zero-tolerance policies, which helped lead to the overrepresentation of discipline outcomes (i.e., punishment) among certain demographics. Following the Critical Race Theory theoretical framework, I interviewed 12 participants to determine their perceptions of discipline policies and the overrepresentation of discipline outcomes in urban settings. My participants included elementary …

Better Than Bipoc, Meera E. Deo

Minnesota Journal of Law & Inequality

No abstract provided.

Don’T Make Them Martyrs: Empowering Children In The Foster Care & Juvenile Justice Systems Through Covid-19 Vaccine Consenting Rights, Victoria Kalumbi

Minnesota Journal of Law & Inequality

No abstract provided.

Minnesota’S Mandatory Court Surcharge And The Failure Of The Fee-For-Service Criminal Justice System, Jake Polinsky

Minnesota Journal of Law & Inequality

No abstract provided.

Elevating Justice Institute Program Guide, Roger V. Skalbeck

Law Conference Materials

On March 9, 2023, the University of Richmond Law Library hosted the Elevating Justice Institute in our Moot Courtroom. The day-long event provided collaborative sessions for participants to work in conjunction with presenters to explore topics and techniques in delivering legal services. Speakers included two state judges as well as several leaders in the Access to Justice movement. More than 30 people participated in the event, including librarians, law students, judges, attorneys and a variety of advocates active in Access to Justice.

The program guide provides biographical information about Institute speakers and planners, together with visual inspiration for a creative …

Newsroom, Georgia Southern University

Newsroom (2006-2023)

Youth Mental Health Issues on the Rise: National Youth Advocacy and Resilience Research Center Awards Seed Grants for Faculty Research in Support of Local Youth Advocacy and Resiliency

Business Innovation Group Announces Patrick Woock as New Director of Business Incubation

Beyond The Watchdog: Using Law To Build Trust In The Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Declining trust in the American press has been longstanding and corrosive—both to our information environment and to democracy. It is tempting to think that if journalists could just repeatedly and brilliantly play their key role—that of watchdog—it might be redemptive. But doubling down on the watchdog function holds risks in our polarized climate. Research shows that some conservatives recoil from watchdog journalism, finding it too cynical and politicized.

This essay argues that a different journalistic function—one that has received far less attention and adulation from judges and legal scholars—should be encouraged and amplified. This is the press’s role as a …

Biased But Reasonable: Bias Under The Cover Of Standard Of Care, Maytal Gilboa

Georgia Law Review

Inequities in the distribution of healthcare are widely acknowledged to plague the United States healthcare system. Controversies as to whether anti-discrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in medical care. Yet, as this Article argues, the focus of negligence law on medical standards of care to define the boundaries of healthcare providers’ legal duty of care prevents the law from adequately deterring implicit bias and leaves patients harmed by biased treatment decisions without redress for their losses, so long …

Faithful Execution In The Fifty States, Zachary S. Price

Georgia Law Review

Amid heightened political conflict over criminal-justice policy, norms surrounding prosecutorial discretion have shifted rapidly. Under the prior mainstream approach, prosecutors exercised broad charging discretion, but generally did so tacitly and in case-by-case fashion out of deference to statutory law’s primacy. Under an emerging alternative approach, associated for the moment with progressive politics, prosecutors categorically and transparently suspend enforcement of laws they consider unjust or unwise. The federal government under President Obama employed this theory in high-profile policies relating to marijuana crimes, as well as immigration and the Affordable Care Act. More recently, a number of self-described “progressive prosecutors” have employed …

Unacceptable Risk: The Failure Of Georgia’S “Guilty But Intellectually Disabled” Statute And A Call For Change, Logan Purvis

Georgia Law Review

In 1988, Georgia became the first state in the nation to prohibit the execution of intellectually disabled criminal defendants. At the time, this groundbreaking action played a critical role in shaping the national debate surrounding the criminal justice system’s treatment of this group of individuals, culminating in the United States Supreme Court’s own prohibition in 2002. A drafting error in Georgia’s statute, however, created a highly prejudicial process for determining intellectual disability, all but ensuring that the law’s protections are unattainable for those who seek it. Despite this error, Georgia’s process has remained the same since the statute’s enactment with …

You’Re Out!: Three Strikes Against The Plra’S Three Strikes Rule, Kasey Clark

Georgia Law Review

As federal court caseloads increased in the twentieth century, concerned jurists and academics pointed their fingers at many potential culprits. One culprit in particular, however, caught the attention of Congress: suits brought by prisoners. To curtail what it believed was an influx of frivolous prisoner litigation, Congress passed the Prison Litigation Reform Act (PLRA) in 1996. One provision of the PLRA, known as the “three strikes rule,” prohibits a prisoner from proceeding in forma pauperis if three or more of the prisoner’s prior actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim …

Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

Sustainable Development Law & Policy

The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …

2023 March 8 - Undergraduate Curriculum Council Minutes, Undergraduate Curriculum Council, East Tennessee State University

Undergraduate Curriculum Council Minutes

No abstract provided.

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Program: Senior Projects (Public)

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

Critical Perspectives To Advance Educational Equity And Health Justice, Yael Cannon, Nicole Tuchinda

Georgetown Law Faculty Publications and Other Works

A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice’s exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students with disabilities, and those with intersecting identities. Critical perspectives focus upon and strengthen the necessary exploration of how structural …

Federal Sentencing: The Need For A New Test For The Abduction Enhancement In The Context Of Robbery, Alex Leroy

West Virginia Law Review

The abduction enhancement applied to the crime of robbery is inherently ambiguous; the enhancement reads, “‘abducted’ means that a victim was forced to accompany an offender to a different location.” The lack of a clear definition for “location” has caused a split within the federal circuits, with some circuits interpreting “location” as position and others interpreting “location” as place. This has caused disproportionate sentences for similar criminal conduct within separate circuits, creating the need for a more uniform interpretation of the sentencing enhancement for abduction.

This Note builds upon the work of David J. Sandefer and proposes two additional factors …

Exploring The Link Between School Discipline And Restoring Relationships Using Restorative Conferences!, Derrick C. Bailey, Julia Bullock

National Youth Advocacy & Resilience Conference

Participants will be able to identify the link between effective restorative conferences and school discipline. They will learn strategies that are effective for reactive and proactive conferences. Participants will analyze scenarios of actual conferences and prepare a list of things to avoid. Participants will learn how to use data to assess the effectiveness of their conferences and adjustments that may need to be made.

Chippin ’ In: An Analysis Of The Criminological Concepts Within Cyberpunk 2077, Morgan Steele

Criminal Justice Faculty Publications

The cyberpunk genre dominates much of our popular culture, from how we think of cyber- and white-collar crime, to our understanding of how technology influences the criminal justice system. This article explores the common criminological themes prev- alent within the recent video game Cyberpunk 2077 as an example of popular crimi- nology. Specifically, it explores the game’s story and environment by examining key characters’ responses to structural inequalities through an anomie theory lens. Key characters and groups within the game exemplify Merton’s (1938) different responses to rampant poverty and socioeconomic inequality. This is then extended to the “cyberpsycho” problem within …