Digital Commons Network^™

When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi

UC Law Journal

The dire state of the prison population in the United States has become common knowledge both at home and abroad. Mass incarceration in the United States has been caused by nearly four decades of retributive criminal justice policies that do little to reduce crime. This mass incarceration imposes a multitude of costs on American society, both financially and socially. Furthermore, congressional goals to reduce crime rates are necessarily undermined by punitive policies at the federal level. The history of California’s penal system during the same time frame parallels the federal history. Yet in 2017, California began to remedy this history …

February 1, 2023 (Vol. 107, No. 18), Daily Eastern News

Daily Eastern News: 2022-2023

No abstract provided.

Editorial Introduction: Contributing To The Policy Process Literatures, Geoboo Song, Michael D. Jones, Melissa K. Merry, Holly L. Peterson, Aaron Smith-Walter, Gwen Arnold, Rachael Moyer, Creed Tumlison

Faculty Publications

No abstract provided.

The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes

UC Law Constitutional Quarterly

The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …

Diamond's Hidden Gem - Ask Us, Ucf Libraries, Diamond Williams

Libraries' Documents

Are you working late on a research project, unable to find the exact resources you need? Do you think the only way to get help from a librarian is by walking up to the help desk? Think again!

Whether you’re too busy or simply don’t have time to run to the library, Ask Us provides virtual access to UCF librarians.

Available six days a week, the librarians staffing this service have the knowledge and expertise to point you in the right direction.

The Death Of The Legal Subject, Katrina Geddes

Vanderbilt Journal of Entertainment & Technology Law

The law is often engaged in prediction. In the calculation of tort damages, for example, a judge will consider what the tort victim’s likely future earnings would have been, but for their particular injury. Similarly, when considering injunctive relief, a judge will assess whether the plaintiff is likely to suffer irreparable harm if a preliminary injunction is not granted. And for the purposes of a child custody evaluation, a judge will consider which parent will provide an environment that is in the best interests of the child.

Relative to other areas of law, criminal law is oversaturated with prediction. Almost …

“It’S Not A Level Playing Field”: Exploring International Students Of Color’S Challenges And The Impact Of Racialized Experiences On The Utilization Of Campus Resources During Covid-19, Neshay S. Mall, Cindy Payne

Journal of Comparative & International Higher Education

No abstract provided.

Challenging Racism As A Black Police Officer: An Emergent Theory Of Employee Anti-Racism, Melanie K. Prengler, Nitya Chawla, Angelica Leigh, Kristie M. Rogers

Management Faculty Research and Publications

Organizations are key mechanisms by which racism is enacted and perpetuated. Although much of the management literature has focused on organizational efforts to combat racial discrimination, some of the most transformative changes come from the everyday actions of employees themselves. In this study, we develop grounded theory on racial minority employees who choose to challenge racism from within the organizational structures that perpetuate it most (i.e., highly racialized organizations). We present a theoretical model of employee anti-racism that emerged from our analysis of qualitative data—comprising 80.7 audio hours from 48 interviews with Black law enforcement officers. This model articulates anti-racism …

Civil Rights Without Representation, Joanna C. Schwartz

William & Mary Law Review

Although much recent attention has been paid to qualified immunity, the biggest threat to civil rights enforcement is actually the lack of lawyers able and willing to represent people whose constitutional rights have been violated. There are small, tight-knit communities of civil rights lawyers with expertise and passion in the cities of the Great Migration, but few civil rights attorneys practice outside those urban areas. Limits on attorneys’ ability to recover fees mean that even attorneys willing to take civil rights cases will have financial incentives to decline meritorious cases if they would be expensive to litigate or if the …

Insider Expungement, Brian M. Murray

Utah Law Review

Like many phases of the criminal justice system, insiders dominate the practice of expungement and there is little to no involvement of the broader community. Recently, scholars in favor of democratization in criminal justice have called for enhanced public involvement during policing, charging, bail determinations, plea-bargaining, and sentencing to improve accountability, transparency, and democratic participation. This Article is the first to extend this critique to decision-making during the expungement process. It conveys how expungement always has been the province of insiders and how recent expungement reforms, while broadening some substantive expungement remedies, double down on this paradigm. Procedures are implemented …

Rightsizing Local Legislatures, Brenner M. Fissell

Utah Law Review

Local councils, boards, and commissions have all the lawmaking powers of a legislature—including the power to criminalize conduct—but they are far too small to deserve them. With an average size of only four members, local legislatures depart from the norm observable at all other levels of government. Only in the past few years have legal scholars turned their attention to the institutional design of these bodies, but this developing literature has yet to address their most striking feature—their small size.

This Article takes up this project. It claims that local microlegislatures are comparatively unrepresentative and undemocratic, and that their size …

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Race Matters: The Gospel, Racial Reconciliation, And The Church, Terry Crist

Doctor of Ministry

The modern Pentecostal movement has been marred by racial incongruence and division. Defying the segregationist laws of the day, the earliest revivals of the twentieth century were racially integrated, reflecting a biblical vision for the oneness of a new humanity in Christ empowered by the Holy Spirit. And yet, the unity born from these early revivals proved insufficient to sustain racial equity within the movements. A century later, Pentecostal (and Charismatic) churches fail to reflect racial diversity at the highest levels of authority, direction setting, and power-sharing. The lack of clarity surrounding key theological concepts such as the imago Dei, …

2023-February-01-Etsu Student Meets With Kamala Harris.Pdf, Iversity Marketing And Communication, East Tennessee State University

ETSU News

JOHNSON CITY – East Tennessee State University student Jeremiah Heyward enjoyed what he said was a “surreal experience” earlier this year when he met with Vice President Kamala Harris at the White House.

Heyward was one of only a handful of people personally invited to Washington to discuss the opportunities and challenges facing young men of color as a new year begins.

“This was a surreal experience,” said Heyward. “I got to be in a place where so many great leaders have worked.”




He said the group discussed a range of issues, including how to empower young men of color, …

Drug Wars, Drug Violence, And Drug Addiction In The Americas, David T. Courtwright

UNF Faculty Research and Scholarship

No abstract provided.

Policing & The Problem Of Physical Restraint, Steven Arrigg Koh

Faculty Scholarship

The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …

“Get On The Truth Train”: Faculty Perceptions Of Misinformation And Disinformation In The Classroom And In The Disciplines, Sarah Slaughter

LOEX Quarterly

No abstract provided.

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.

Tennessee Felon Population Update, February 2023, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Economic Evaluation Of An Intervention To Prevent Adolescent Dating Violence (Me & You), Ellerie Weber, Melissa F Peskin, Christine M Markham, Ross Shegog, Elizabeth R Baumler, Robert C Addy, Jeff R Temple, Belinda Hernandez, Paula Cuccaro, Melanie A Thiel, Efrat K Gabay, Susan Tortolero Emery

Faculty, Staff and Student Publications

Me & You: Building Healthy Relationships (Me & You) is a multilevel, technology-enhanced adolescent dating violence (DV) prevention program that aimed to reduce DV among ethnic-minority, early adolescent, urban youth. A group-randomized control trial of Me & You, conducted with 10 middle schools from a large urban school district in Southeast Texas in 2014–2015, found it to be effective in reducing DV perpetration and decreasing some forms of DV victimization. Economic evaluations of DV interventions are extremely limited, despite calls for more economic analyses to be incorporated in research. We help fill this gap by evaluating the cost-effectiveness from the …

Plea Bargaining's Uncertainty Problem, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself Critics' primary target is the "trial penalty." But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of "progressive prosecutors" is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …

A Structural Examination Of Organizational Justice, Self-Legitimacy, Employee Engagement, And Civic Engagement In Police, Mary Isis Wuestewald

Theses and Dissertations

Recently, the concept of police self-legitimacy has spurred research interest. Several studies have demonstrated beneficial outcomes associated with officers who are confident in their own authority. The current dissertation builds on this emerging area of study by examining the influence of organizational justice on police self-legitimacy, as well as self-legitimacy’s impact on employee engagement and civic engagement in police officers. Survey data were gathered from a sample of 1,391 officers from variously sized agencies across seven regions of the United States. Structural equation modeling was used to test the hypotheses. The results indicate that organizational justice is a key component …

Plea Bargaining's Uncertainty Problem, Jeffrey Bellin

Faculty Publications

While commentators roundly condemn plea bargaining, the criticism can be as muddled as the practice itself. Critics’ primary target is the “trial penalty.” But a differential between guilty-plea and trial sentences seems inevitable in any system that allows defendants to concede guilt. And, as a new wave of “progressive prosecutors” is demonstrating, gaps between (unusually lenient) plea offers and long (potential) post-trial sentences are not only a strong incentive to plead guilty but also a powerful tool for reducing American penal severity. Other critiques point to flaws that parallel those found in the broader system, overlooking that plea bargaining is …

Justice Alito's Laundry List: Highlights From Appendix C Of Bostock And A Roadmap For Lgbtq+ Legal Advocates, Peter Quinn

William & Mary Law Review

After a brief background on Bostock [v. Clayton County] in Part I, the bulk of this Note seeks to examine Justice Alito’s Bostock dissent and its potential future usefulness for LGBTQ+ advocates. Part II will analyze Justice Alito’s dissent and Appendix C, arguing that his concerns about Bostock’s consequences across other federal statutes fall into three primary categories of usefulness. The remaining Parts will survey these categories, including the “small potatoes” in Part III, the “blockbusters” in Part IV, and the “under-the-radar” areas in Part V. Part V takes particular notice of potential applications of Bostock’s …

The Data Trust Solution To Data Sharing Problems, Kimberly A. Houser, John W. Bagby

Vanderbilt Journal of Entertainment & Technology Law

A small number of large companies hold most of the world’s data. Once in the hands of these companies, data subjects have little control over the use and sharing of their data. Additionally, this data is not generally available to small and medium enterprises or organizations who seek to use it for social good. A number of solutions have been proposed to limit Big Tech “power,” including antitrust actions and stricter privacy laws, but these measures are not likely to address both the oversharing and under-sharing of personal data. Although the data trust concept is being actively explored in the …

Economic Evaluation Of An Intervention To Prevent Adolescent Dating Violence (Me & You), Ellerie Weber, Melissa F Peskin, Christine M Markham, Ross Shegog, Elizabeth R Baumler, Robert C Addy, Jeff R Temple, Belinda Hernandez, Paula Cuccaro, Melanie A Thiel, Efrat K Gabay, Susan Tortolero Emery

Faculty, Staff and Student Publications

Me & You: Building Healthy Relationships (Me & You) is a multilevel, technology-enhanced adolescent dating violence (DV) prevention program that aimed to reduce DV among ethnic-minority, early adolescent, urban youth. A group-randomized control trial of Me & You, conducted with 10 middle schools from a large urban school district in Southeast Texas in 2014–2015, found it to be effective in reducing DV perpetration and decreasing some forms of DV victimization. Economic evaluations of DV interventions are extremely limited, despite calls for more economic analyses to be incorporated in research. We help fill this gap by evaluating the cost-effectiveness from the …

Female Ex-Offenders Transitioning Into Society, Stacey L. Forte

Electronic Theses and Dissertations

The purpose of this qualitative study was to examine female ex-offenders’ perceptions of their lived experience(s) while transitioning into society after incarceration. This study examined risk factors that female ex-offenders faced while transitioning into society asking the question, “What are the lived experiences of female ex-offenders who utilized transitional housing for reentry with regard to their perception of the benefits of certain services/offerings and staff support?” Nine participants were part of the study ranging from 25–64 years of age, with the majority being between the ages of 25 and 55 years old, residing originally in five different states. Sixty percent …

Diamond's Hidden Gems - Library Streaming Videos, Diamond Williams, Ucf Libraries

Libraries' Documents

UCF is no stranger to the value of academic videos, hosting a plethora of streaming platforms with free access to students.

In fact, videos are one of the best ways to provide a personalized learning experience. They increase motivation and can specifically impact students' ability to facilitate discussions and identify problems. Learning through film is memorable, comprehensive, affordable, accessible, and inclusive.

أثر استخدام تقنیة الاتصال عن بعد في المحاكمات الجزائیة على ضمانتي العلنیة والشفویة: دراسة مقارنة, الیازیة راشد السبوسي

Theses

Remote litigation is an application of modern technology that countries have established and added to the judicial system. Remote attendance appeared more at the time of the Corona pandemic, as the countries that had not previously used modern means in their judicial system have begun to advance it, and this is in contrast to the countries that used this system before the emergence of this pandemic. Among the pioneering countries in using remote communication technology is the UAE, where it started using this technology in 2017, that is three years before the pandemic, when the legislator enacted a special law. …

Investigating Key Risk Factors Across Violent And Non-Violent Extremists In The United States, Leevia Dillon

Dissertations, Theses, and Capstone Projects

Problem Statement: This study investigated risk factors commonly highlighted by prior studies and risk assessment tools (e.g., Violent Extremism Risk Assessment Version 2 (VERA-2) and Extremism Risk Guidance 22+ (ERG22+)). It compared the risk factors across and within two groups – violent extremists (i.e., jihadists and far-right extremists) and non-violent extremists (i.e., jihadists and far-right financial/material support crime extremists) in the U.S. Jihadists and far-rightists are the two greatest security threats facing the U.S., and the findings can aid counterterrorism efforts on assessment development, identifying effective risk factors across varying groups, and assessing violence risk. Research Questions/Objectives: This study aimed …