Digital Commons Network^™

Physical Intimate Partner Violence Of African American Women: Promising Practices And Pitfalls In Treatment, Melissa Erinn Duncan

Theses and Dissertations

Intimate partner violence is a serious health concern among African American women. It is estimated about 41% of African American women experience physical violence from an intimate partner. A number of risk factors, as well as cultural and contextual dynamics (e.g., gendered racism, low socioeconomic status, cultural norms, exposure to family violence, as well as cultural mistrust of the healthcare and legal systems), are associated with the high prevalence rate of African American women experiencing physical abuse. Due to the unique challenges that African American women survivors of partner violence often experience, there is a gap in the current literature …

Childless African American Women Over 50 In The Usa: A Qualitative Descriptive Study, Robbie Roshyl Mitchell

Theses and Dissertations

In modern society, some African American women are choosing a career before accepting the traditional role of birthing a child or children at an early age and marriage is not always part of the equation. Women’s freedoms (i.e., equality, personal choice, sexuality) have increased since their early struggles for their rights as citizens and as women. Some are viewed as agents against the norm by some conservative-minded people by not having a child or children well into their adulthood, especially if they are over the age of 50. Research suggests that women without children are perceived negatively by others and …

Gender Differences And Directionality Of Intimate Partner Violence, Nate Juda

Electronic Theses and Dissertations

The academic discipline of intimate partner violence (IPV) is currently divided into two prevailing perspectives: the feminist perspective, which asserts IPV is a product of the long history of acceptance and encouragement of wife-beating, stemming from patriarchal values; and the gender-inclusive model, that finds IPV reflects multifunctional etiologies, across the types and severities of IPV, with both men and women as perpetrators and victims at similar rates. However, a review of the extant literature does not support either of these conclusions. There is a growing body of research evidence that suggest women are more likely than men to commit IPV. …

Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush

Cardozo Journal of Conflict Resolution

No abstract provided.

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Cardozo Journal of Conflict Resolution

No abstract provided.

Beyond Problem-Solving Courts, Erin R. Collins

Cardozo Journal of Conflict Resolution

Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

A Restorative Justice Book Club For Secondary Classrooms, Mary M. Mcconnaha

Language Arts Journal of Michigan

Schools face several challenges in creating meaningful community relationships, and the breakdown of these relationships causes harm to students, teachers, and administrators. Many schools have turned to restorative justice practices as a way to disrupt the school-to-prison pipeline, reduce discipline referrals, increase graduation rate, and strengthen the school community (Evans & Lester, 2013; Winn et al., 2019; Weaver and Swank, 2020). However, Winn (2013, 2018) and others have proposed that the principles of restorative justice can be embedded into the English Language Arts curriculum. In this paper, I describe a restorative justice book club unit for early adolescents that is …

An Evaluation Of The Psychosocial Benefits For Children Experiencing Homelessness Arising From The Introduction Of An Integrated Community Care Project Across The City Of Cork, Traolach O' Callaghan

Theses

The purpose of the research is to evaluate an intervention within a new model of family support being delivered in Cork City, on addressing child and family homelessness. This new model is being delivered for the first time in Ireland during ‘Youth Club’ and strives to act as an intervention to assist children experiencing homelessness. The model was first developed by Tusla Springboard Child and Family service and Good Shepherd Services Cork in 2016 in response to the alarming rise in child and family homelessness in Cork city, and the resulting impact of same. The research investigates the model and …

Depoliticizing Federal Prosecution, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former U.S. Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant risk …

The Racial Gap In Exclusionary Discipline Policies, Mia Hwang

Other Student Projects

No abstract provided.

Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes

Akron Law Faculty Publications

When a police officer interacts with an individual, the encounter is subject to myriad exceptions to the Fourth Amendment’s warrant requirement that lack a coherent justifying theory. For instance, officers can warrantlessly search if an automobile was involved in the interaction, an arrest occurred, or a protective sweep was necessary to prevent a third- party ambush. Officers and indi viduals struggle to understand the breadth and complexity of these exceptions. The resulting confusion breeds widespread distrust and raises the tension in millions of interactions across the country. There is an easier way. The Supreme Court has recently reaffirmed its support …

A Manageable Constitution, Michael Gentithes

Akron Law Faculty Publications

Federal judges frequently avoid constitutional cases that raise difficult issues of public policy, using doctrines like standing and political questions as shields against judicial overreach. But a new and dangerous sword that allows judges to declare constitutional cases nonjusticiable is emerging in federal courts: a manageability prerequisite. The manageability prerequisite that emerged first in the Supreme Court’s gerrymandering jurisprudence and has since spread virulently throughout the circuit and district courts threatens to close the courthouse doors to a wide swath of litigants. Left unchecked, manageability could both significantly weaken the weakest branch and provide judges unbounded discretion to preserve any …

Minding Rights: Mapping Ethical And Legal Foundations Of ‘Neurorights’, Sjors Ligthart, Marcello Ienca, Gerben Meynen, Fruzsina Molnar-Gabor, Roberto Andorno, Christoph Bublitz, Paul Catley, Lisa Claydon, Thomas Douglas, Nita A. Farahany, Joseph J. Fins, Sara Goering, Pim Haselager, Fabrice Jotterand, Andrea Lavazza, Allan Mccay, Abel Wajnerman Paz, Stephen Rainey, Jesper Ryberg, Philipp Kellmeyer

Faculty Scholarship

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation …

Trial By Jury And English Political Radicalism C.1792 – 1825, Richard John Marshall

School of Law, Humanities and Social Sciences Theses

This thesis explores the jury trial in English radical thinking, politics and political culture during the age of revolution. Its significance for radicals and the wider political nation has been underappreciated by scholars, as the ballast stabilising the British constitution and polity. I argue that juries served as a counterweight to repression and surrogate site of power for the underrepresented middling sorts: as jurors checking the power and social dominance of corrupt elites. Radicals recognised the power inherent in independent juries, campaigning to defend their verdicts and bolster their powers. The jury played a critical role in the rhetoric of …

Beliefs About False Allegations Of Sexual Violence: Intergroup Contact Theory And Rape Myth Acceptance At A Rocky Mountain University, Alexandra Marie Buscaglia

Graduate Student Theses, Dissertations, & Professional Papers

False allegations of sexual assault represent approximately 2% to 10% of all sexual assault allegations reported to law enforcement (Lisak et al., 2010). Despite this low prevalence rate, people tend to overestimate the occurrence of false allegations, and give false allegations excessive weight in arguments about rape myths and policy-making decisions. This excessive weight is given despite a lack of research evidence that false reports of sexual violence occur more frequently than those of any other crime (Ask, 2010; McMillan, 2018; Stabile et al., 2019). This overestimation is likely influenced by the overrepresentation and sensationalization of false allegations in the …

The Evaluation Of Juvenile Rehabilitative Approaches, Rylie Wheeler

Research Papers

The current research seeks to evaluate current juvenile rehabilitative approaches and analyze their effectiveness in reducing juvenile offending behaviors. The juvenile justice system is analyzed from a historical perspective beginning prior to the establishment of the juvenile justice system in the 19^th century and leading to the current approaches of the 21^st century. Developmental research has found that most juveniles will desist from delinquency on their own by naturally growing out of their offending behavior. However, when juveniles become involved in the justice system the opportunity to age out of offending behavior is limited. Recognizing this, the juvenile …

How To Eat, Brianna T. Franklin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Pendulum Swings Right: How The Roberts Court Rejected Precedent And Mobilized Federalism To The Detriment Of American Youth In Jones V. Mississippi, Tori A. Shaw

Maryland Law Review

No abstract provided.

Guilty Minds, Michael Serota

Maryland Law Review

No abstract provided.

The Larry Nassar Hearings: Victim Impact Statements, Child Sexual Abuse, And The Role Of Catharsis In Criminal Law, Rosemary Ardman

Maryland Law Review

No abstract provided.

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Prosecuting The Crisis, Benjamin Levin

Scholarship@WashULaw

Over the past decade, activists and academics have celebrated the rise of the so-called “progressive prosecutor” movement. District attorney candidates—often former public defenders or civil rights lawyers—have promised to use prosecutorial discretion to address the injustices of the criminal system. A proliferation of such campaigns, and the electoral successes of some of these candidates have raised questions about progressive prosecution: what does it actually mean to be a progressive prosecutor? Does progressive prosecution work? Do progressive candidates follow through on campaign promises? And, how enthusiastic should defense attorneys, reformers, and critics of the carceral state be about progressive prosecution? The …

Punishment Externalities And The Prison Tax, Sheldon Evans

Scholarship@WashULaw

Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of this generation. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses. But if crime has a cost that must be repaid by the offender, punishment also has a cost that must be repaid by …

The Right To (Unbiased) Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

Whether a defense lawyer being biased against the accused on the basis of race and religion renders assistance of counsel ineffective is an unanswered question. One court will decide that issue when the Massachusetts Supreme Judicial Court renders a decision in Commonwealth of Massachusetts v. Dew. In this case, a court-appointed attorney, Richard Doyle, made over 20 bigoted and racist social media posts while representing his Black Muslim client, Anthony Dew. These public postings, made from 2014 through 2017, contained highly disparaging references to Muslims and Black people, including comments about Doyle’s own Black clients as “[a]ssorted thugs and bad …

How Gender-Biased Oral Argument Interruptions Opened The Door For Chief Justice Roberts To Be A Transformational Leader, Christina L. Boyd, Sidney E. Shank

Scholarship@WashULaw

In a 2021 NYU Law School conversation with Justice Sonia Sotomayor, the Justice was asked whether she observed higher levels of interruptions of female Justices, relative to their male colleagues, during the Supreme Court’s oral arguments. Justice Sotomayor responded in the affirmative:

“Did I notice it as a dynamic? Without question . . . but I don’t know of a woman who hasn’t. Meaning, regrettably, that is a dynamic that exists not just on the court but in our society in general. Most of the time, women say things, and they’re not heard in the same way [as] men [who] …

Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin

Psychology Theses

Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …

Lusting After God : Sexual Struggle As A Catalyst For Spiritual Intimacy And Healing, David L. Janvier

ATS Dissertations

No abstract provided.

The Kurds, Turkey, And Strasbourg: Failure To Find And Remedy Discrimination Amid A Century-Old Mountain Of Evidence, Samuel I. Horowitz

Emory International Law Review Recent Developments

No abstract provided.

Variation In Ohio Police Response To Mental Health Crises, Brett Dietrich

Williams Honors College, Honors Research Projects

The following paper aims to identify and explain variation in Ohio police department methods of response to calls for service (CFS) involving mental health crises. Police response to mentally ill or disturbed individuals has become a topic of increased discussion in recent decades. Communities have attempted to bring reform to this area with alternative solutions, including specially trained police officers, co-response with social workers, or community-based response teams. Geographic and demographic factors such as police department size, population served, and availability of mental health resources impact how communities and police departments approach this issue. This paper consists of a literature …