Digital Commons Network^™

The Ripple Effects Of Dobbs On Health Care Beyond Wanted Abortion, Maya Manian

SMU Law Review

The Supreme Court’s momentous decision in Dobbs v. Jackson Women’s Health Organization to overturn fifty years of precedent on the constitutional right to abortion represents a sea of change, not only in constitutional law, but also in the public health landscape. Although state laws on abortion are still evolving after Dobbs, the decision almost immediately wreaked havoc on the delivery of medical care for both patients seeking abortion care and those not actively seeking to terminate a pregnancy. This Article also argues that focusing the public’s attention on the deleterious consequences of abortion bans for health care beyond wanted abortion …

Front Matter

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield

SMU Law Review

By most accounts, the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization signaled a broader stagnation (and perhaps retrenchment) of federal substantive due process protections. As a result, there is now great interest in the role that state constitutions and courts might play in protecting and expanding reproductive and privacy rights. This Article aims to place this moment in state constitutional development in broader context. It makes two core claims in this regard. First, although state courts are free to interpret state constitutions as providing broader individual rights protections than those contained in the Federal Constitution, state constitutions …

Front Matter

SMU Law Review

No abstract provided.

The Carceral State Of American Schools: The Impact Of Symbolic Threat Of Public School Policy, Noe Alexander Aguado, Justin J. Joseph

Politics, Justice, Law, and Philosophy

The fear of violence in schools has compelled school systems to use a variety of authoritarian methods to control students' behavior. This work seeks to understand why these methods of behavioral control are used in some schools but not in others. Using the school survey on crime and safety, the authors explore the extent that the behavioral control strategies at diverse schools are more reminiscent of correctional facilities than institutions of learning. This analysis offers a nuanced view of the carceral elements in schools, where student body diversity is linked to some aspects of the carceral state but not others. …

Reconceptualizing Bankruptcy Education Requirements For Incarcerated Debtors, Sydney Calas

Emory Bankruptcy Developments Journal

In the eighteen years since Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), bankruptcy scholars and professionals have launched countless critiques against two of the Act’s more drastic amendments: (1) mandatory pre-filing credit counseling and (2) a mandatory post-filing financial management course. Without completing the pre-filing requirement, one cannot qualify as a debtor under the Code and is thus barred from filing for bankruptcy. Without completing the post-filing requirement, one cannot receive a discharge. Notwithstanding the volume and breadth of valid criticisms, the specific harm of BAPCPA’s education requirements has been largely ignored for one population: incarcerated …

How Police Investigators View Credibility Of Victims Of Sexual Assault Crimes, Lakesha Richele Boone

Walden Dissertations and Doctoral Studies

Sexual assault is a sensitive topic, and research has become increasingly popular. Most literature focuses on stigma, attitudes, and perceptions that victims and law enforcement have about each other. Law enforcement officers are responsible for making charging decisions based on their investigations and ways by which they determine credibility and reliability of victims. It was unclear what criteria law enforcement officers use to ascertain relevant flaws in victim character and credibility. The purpose of this study was to explore how law enforcement officers evaluate credibility of sexual assault victims during investigations. The feminist legal, just world, and rape myth acceptance …

Early Childhood Teachers’ Perspectives On Referring Black Students For Disciplinary Action, Adriuna Johnson

Walden Dissertations and Doctoral Studies

Schools have reported disparities in the use of discipline on a nationwide scale. The problem for this study was that early childhood teachers referred Black students for disciplinary action or exclusionary discipline at higher rates than their peers.The purpose of this basic qualitative study was to explore early childhood teachers’ perspectives of referring Black students for disciplinary action. Weinstein, Curran, and Tomlinson-Clarke’s model of culturally responsive classroom management formed the conceptual framework that guided this study. The research question focused on teacher perspectives about referring Black students for disciplinary action. A basic qualitative design was used to capture the insights …

Stories Of Licensed Counseling Supervisors Who Identify As Wounded Healers, Carolyn Litteral

Walden Dissertations and Doctoral Studies

Although a large percentage of counselors who are wounded healers eventually become clinical counseling supervisors, little is known about the effects on clinical supervision. Counseling supervisors have the responsibility of gatekeeping, managing client care, and modeling counseling for counselors-in-training; the process is likely affected by woundedness as is the counseling process. The purpose of the current qualitative narrative study was to identify the stories of wounded healers as clinical counseling supervisors to recognize how supervision is affected and influenced by being a wounded healer. The data were analyzed using the theoretical lens of existentialism and the conceptual framework of the …

Moral Injury Themes Involving Criminal Recklessness Among Adults With Alcohol Use Disorder, Sandra Starch

Walden Dissertations and Doctoral Studies

Moral injury (MI) can emerge following transgressive acts against one’s deeply held moral beliefs. Its symptomology involves individual psychological, spiritual, behavioral, and social spheres. It has primarily been studied within the military and in a few select civilian populations. This descriptive phenomenological study involved exploring MI themes among adults with alcohol use disorder (AUD) who had engaged in criminally reckless acts. Data collected from semi-structured interviews with eight participants were coded and analyzed, leading to six major themes revealing the symptomology of MI. Responses from study participants supported Festinger’s theory of cognitive dissonance via their descriptions of alcohol abuse cycles …

Criminal Law—Unfettered Discretion: Prosecutorial Discretion In The Aftermath Of Dobbs V. Jackson Women’S Health Org., Samual F. Pollock

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Dobbs V. Jackson Women’S Health Organization Will Likely Have A Negative, Disproportionate Impact On Women Of Color And Reassert Inferiority, Makiya Turntine

University of Arkansas at Little Rock Law Review

No abstract provided.

Former Juvenile Delinquents’ Perceptions Of Community Resources In Reducing Juvenile Recidivism, Mardochee Terese Casimir

Walden Dissertations and Doctoral Studies

AbstractJuvenile recidivism is a concern for human service professionals who are dedicated to developing policies aimed at addressing and reducing such recidivism. The purpose of this generic qualitative study was to explore the perceptions of former juvenile delinquents as to how community institutions and resources prevented them from recidivating. Social learning theory was used to frame this study. Data were collected through semistructured interviews with nine former juvenile delinquents who had experience with community institutions and resource use. Saldana’s inductive coding process was used for data analysis. Nine themes were identified: (a) behavior modification contributed to prevention of recidivism, (b) …

Professional Discretion Of Child Protective Services Investigators In Foster Care Placements, Leonard Fikes

Walden Dissertations and Doctoral Studies

Families of color in North Carolina have been disproportionately affected in the child welfare system, particularly in the foster care system. The purpose of this qualitative research study examined the discretionary powers of Child Protective Services (CPS) investigators and how they interpreted and applied child welfare policies that disproportionally impacted African American families from marginalized, underrepresented communities. Guided by Wallander and Molander’s professional discretion as the framework, this research expanded the current literature and increased awareness of racial disproportionality and the continued disproportionality of African American children in the child welfare system, especially foster care placements. The central research question …

International Military Peacekeepers And Sex Offenses Committed In The Central African Republic, Michael Tabung Njong

Walden Dissertations and Doctoral Studies

AbstractStudies have been conducted on the sexual offending of the local population by peacekeepers, but few have been conducted on the lived experience of professionals providing support and assistance to these victims. This qualitative phenomenological study was conducted to explore the lived experiences of experts providing support and assistance to victims of sex offenses committed in the Central African Republic by international military peacekeepers. The classical deterrence and retributive justice theories guided the study. Participants were recruited through snowball sampling and data collected through face-to- face interviews and analyzed using the Modified Van Kaam method. Two research questions were used …

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

Effect Of Family Engagement On The Behavioral Health Of Mentally Ill Offenders, Jessica Rae Horn

Walden Dissertations and Doctoral Studies

In the United States, 40% of incarcerated individuals have been diagnosed with a mental health disorder, but they often lack the support system needed to navigate their incarceration. This study addressed ways to understand how family engagement opportunities can improve the behavioral health of mentally ill offenders. Specifically, five research questions were used to explore the degree to which the practice of family engagement was understood as a method for providing support to mentally ill incarcerated individuals. The study followed the Baldrige Framework of Excellence to identify current organizational leadership and management issues that can help reach its goals, improve …

Programs That Impact Juvenile Recidivism Beyond Mandatory Sanctions, John M. Marras

Walden Dissertations and Doctoral Studies

Recidivism, especially juvenile recidivism, has been a major concern for the United States. In fact, 10.6% of the total U.S. population was composed of juveniles between the ages of 10 and 17 in the year 2009. The statistics have shown that juvenile recidivism is one of the key issues in the country that needs to be addressed. The purpose of this study was to isolate the youth programs that affect juvenile recidivism beyond their successful completion. The theoretical foundation of the study derived from Agnew’s general strain theory, which suggests focusing on factors that lead to delinquency and the commission …

Artificial Intelligence In Government: Risks And Challenges Of Algorithmic Governance In The Administrative State, Jose Vida Fernandez

Indiana Journal of Global Legal Studies

This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the …

Period Poverty And Life Strains: Efforts Made To Erase Stigma And To Expand Access To Menstrual Hygiene Products, Jennifer L. Brinkley, Nicole Niebuhr

Indiana Journal of Law and Social Equality

No abstract provided.

Sb 92 - Establishing A Prosecuting Attorneys Qualifications Commission, Abigail C. Sisson, Erica L. Welsh

Georgia State University Law Review

The Act establishes a Prosecuting Attorneys Qualifications Commission to discipline, remove, and require the involuntary retirement of appointed or elected state prosecutors found to be in violation of their duties, and adds additional duties for state prosecutors to conduct individual reviews of cases where probable cause exists.

Sb 44 - Expanding The Street Gang Terrorism And Prevention Act, Aaron L. Brown, Anna C. Dillon

Georgia State University Law Review

The Act enhances penalties for violations of the Street Gang Terrorism and Prevention Act, including imposing mandatory minimums, and preserves the State’s right to appeal a court’s deviation from the mandatory minimum sentencing guidelines provided in the Act. The Act also imposes limits on the use of unsecured judicial release.

What Comes Next?, Neil Fulton

Faculty Publications

The United States stands at an important crossroads. Polarization and paralysis are the political norm. Social divisions are deep and seemingly intractable. Concerted action is disappointingly rare. Social and political pressures continue to build like tectonic plates waiting to release. What will come next? This Article begins with a description of the current situation before turning to a consideration of five possible paths forward. First, stasis. There may be more of the same with limited systemic shocks releasing small amounts of pressure without a fundamental change of circumstances. Second, rupture. Building pressure may tear the current political and social system …

Public Perceptions Of Exonerees’ Deservingness Of Compensation And Expungement, Elizabeth Jeanne Lopez

All Graduate Theses, Dissertations, and Other Capstone Projects

To date, over 3,300 people in the United States have been wrongly convicted and exonerated for crimes they did not commit. This issue warrants immediate attention and reform. Sadly, many exonerees struggle to receive compensation for their wrongful convictions and have the wrongful convictions expunged from their criminal records. Researchers have begun to examine this complex issue by studying a range of topics regarding wrongful convictions and exonerees. However, little research has focused on factors that influence public perceptions of exonerees and their deservingness of both compensation and expungement. To address this gap in the literature, the current study used …

Asymmetries, Norm Matching, And The Pursuit Of Equity Between The Police And The Public, Eang Ngov

Faculty Articles

Concerns about police abuse and overcriminalization are on the forefront of public conscientiousness. In spite of the Black Lives Matter movement and calls for police reform, law enforcement officials enjoy a variety of criminal procedure loopholes and double standards, which the United States Supreme Court has ratified through its creation of the open fields, mistake of law, and third party doctrines, as well as its acceptance of deceptive police practices. This Article analyzes the asymmetries between permissible civilian conduct and permissible police conduct to make a broader, systemic critique of the double standards and loopholes that pervade constitutional criminal procedure. …

Distilling The Language Of The Law, Stacey A. Tovino

Faculty Articles

No abstract provided.

Gender Inequities, The Covid-19 Shecession, And The Need For A Conscious Transformation, Blassing, Marissa J.

Santa Clara Law Review

The recent COVID-19 pandemic demonstrated that new and acute burdens tend to fall on women in a time of crisis because society defaults to structural gender-normative roles. Even before the pandemic, women had a long history of facing structural inequities in the workplace and at home. Such inequities are fueled by implicit biases, expectations, and stereotypes. The fallout from the COVID-19 pandemic worsened gender inequities. For women, it disproportionately increased domestic obligations and it had a disproportionate effect on female-dominated occupations—threatening to roll back decades of progress.

This Article will discuss the problem of gender inequity in the workplace, the …

Contextualizing The Guilty Plea Experiences Of Individuals Charged With Sex Crimes, Conor Hogan

Theses, Dissertations and Culminating Projects

Little research has been done on the guilty plea experiences of individuals charged with sex crimes. Persons convicted of sex crimes face unique legal and extralegal consequences, and often experience social stigma. I interviewed 60 males charged with sex crimes who have accepted a guilty plea on their decision making. I report contextual data of their guilty plea experiences, as well as their rationales for pleading guilty, including whether concerns over stigma and collateral consequences influenced their decision making. For most participants, primary rationales for pleading guilty were reduced time or charges, consistent with the most common reasons given by …

Addressing Our Unreasonable Fourth Amendment Doctrine, I. India Thusi

Articles by Maurer Faculty

Book Symposium: Professor Devon Carbado (Honorable Harry Pregerson Professor of Law, UCLA) published Unreasonable: Black Lives, Police Power, and the Fourth Amendment. Carbado chronicles the Supreme Court's increasing allocation of power to police by expanding what actions are "reasonable" under the Fourth Amendment.