Digital Commons Network^™

Executing Racial Justice, Ian M. Kysel, G. Alex Sinha

Hofstra Law Faculty Scholarship

The United States has failed to eliminate racial discrimination in the decades since ratifying the international human rights treaty that prohibits it. To its credit, the Biden Administration has attempted to center the fight for racial equity in the work of the executive branch. But President Biden’s executive orders and agency action plans on racial justice omit any reference to the International Convention on the Elimination of All Forms of Racial Discrimination, despite the duties and standards it establishes in the fight to end pervasive racism. As President Biden enters the final two years of his term, facing a legislature …

Exploring Faculty Perspectives On Open Access At A Medium-Sized, American Doctoral University, Rachel E. Scott, Julie Murphy, Cassie Thayer-Styes, Chad E. Buckley, Anne Shelley

Faculty and Staff Publications – Milner Library

Faculty hold widely varying perspectives on the benefits and challenges afforded by open access (OA) publishing. In the United States, conversations on OA models and strategy have been dominated by scholars affiliated with Carnegie R1 institutions. This article reports findings from interviews conducted with faculty at a Carnegie R2 institution, highlighting disciplinary and individual perspectives on the high costs and rich rewards afforded by OA. The results reiterate the persistence of a high degree of skepticism regarding the quality of peer review and business models associated with OA publishing. By exploring scholars’ perceptions of and experiences with OA publishing and …

Evaluation Of A Complex Intervention For Prisoners With Common Mental Health Problems, Near To And After Release: The Engager Randomised Controlled Trial, Richard Byng, Tim Kirkpatrick, Charlotte Lennox, Fiona C. Warren, Rob Anderson, Sarah Louise Brand, Lynne Callaghan, Lauren Carroll, Graham Durcan, Laura Gill, Sara Goodier, Jonathan Graham, Rebecca Greer, Mark Haddad, Tirril Harris, William Henley, Rachael Hunter, Sarah Leonard, Mike Maguire, Susan Michie, Christabel Owens, Mark Pearson, Cath Quinn, Sarah Rybczynska-Bunt, Caroline Stevenson, Amy Stewart, Alex Stirzaker, Roxanne Todd, Florian Walter, Lauren Weston, Nat Wright, Rod S. Taylor, Jenny Shaw

Peninsula Medical School

Background Many male prisoners have significant mental health problems, including anxiety and depression. High proportions struggle with homelessness and substance misuse. Aims This study aims to evaluate whether the Engager intervention improves mental health outcomes following release. Method The design is a parallel randomised superiority trial that was conducted in the North West and South West of England (ISRCTN11707331). Men serving a prison sentence of 2 years or less were individually allocated 1:1 to either the intervention (Engager plus usual care) or usual care alone. Engager included psychological and practical support in prison, on release and for 3–5 months in …

The Rural Enterprise Crime Complex: ‘Undefendable Rural Space’ And The Threat From The Fortress Farm, Orlando Goodall

School of Law, Humanities and Social Sciences

In response to the concept of the ‘fortress farm’ and its appropriation of traditional defensible space theory, this article introduces the conditions of undefendable rural space and the rural enterprise crime complex. Perspectives that invert traditional theory to determine contexts conducive to the incidence of rural enterprise crime. Empirical data from extensive fieldwork on crimes against wild animals in rural England is used to argue that the fortress and undefendable rural space can in effect serve to ‘design-out’ crime control and lock crime in. A dichotomous outcome, which creates a fortress for relatively powerful human insiders and a rural enterprise …

Racialization Of Muslim Students In Australia, Ireland, And The United States: Cross-Cultural Perspectives, Melanie C. Brooks, Miriam D. Ezzani Miriam D. Ezzani, Youcef Sai, Fida Sanjakdar

Journal Articles

The purpose of this qualitative cross-cultural case study was to better understand how Muslim students living in Australia, Ireland, and the United States navigated racism to identify ways in which school leaders and teachers can better address the structural, historical, and socioeconomic roots of racial injustice, discrimination, and ongoing oppression. Data collection was guided by a shared interview protocol that asked questions regarding family background, personal interests, identity, and friendships with a focus on their experiences of anti-Muslim racism in secondary schools. Findings suggested that Muslim students navigated racialization by (de)constructing their Muslimness, seeking voice, navigating between inclusion and exclusion, …

Incorporation Of Community Resources In Teaching Social Studies In Junior High Schools: A Case In The Adentan District Of The Greater Accra Region Of Ghana, Ronald Osei Mensah, Enock Swanzy-Impraim, Da-Costa Marfo, Pearl Adiza Babah

Research outputs 2022 to 2026

Social studies education constitutes a diverse aspect of the human ecosystem that needs external resources to enable effective tuition and learning in the classroom. Using external resources has been a significant challenge for Ghana’s junior high school teachers. Given this, the study explored the integration of community resources in teaching social studies in a selected junior high school in the Adentan District in the Greater Accra Region of Ghana. It investigated the factors that militate against using community resources and assessed how these problems could be resolved. The study made use of the random sampling technique, with a sample size …

Social Studies And History Curriculum Assessment In Colleges Of Education In Ghana: Reflective Practices Of Teacher Educators, Bernice Oteng, Ronald Osei Mensah, Pearl Adiza Babah, Enock Swanzy-Impraim

Research outputs 2022 to 2026

Assessment is a crucial and essential component of successful instruction and learning. As a result, teachers must examine their actions in the classroom through a process of reflective practices (self-observation and self-evaluation) and think about why they do it and if it works. This essay examines the reflective practices of Ghanaian teacher educators regarding the evaluation of social studies and history curricula. It made use of the sequential explanatory mixed method as a methodology drawn from questionnaires, interviews and document reviews. The findings disclosed that teacher educators in Ghana’s colleges of education have low efficacy and poor reflective practices when …

Judging Better Together: Understanding The Psychology Of Group Decision-Making On Panel Courts And Tribunals, Brian M. Barry Dr

Articles

While the psychological phenomena that affect group decisionmaking have been thoroughly investigated for decades, how these phenomena apply to decision-making by judges on panel courts is under-examined. This article examines the main psychological phenomena of group decision-making, both positive and negative, and considers their implications for panel courts and other groups of professional legal decision-makers such as adjudicators serving on tribunals. This article argues that experimental studies on judges and adjudicators testing the effects of these phenomena would improve understanding of legal decision-making by these groups and could help to devise ways to improve their decision-making processes to reach higher …

Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman

FIU Law Review

This comprehensive analysis, divided into three parts, navigates the intricate tapestry of discrimination against women in the American workplace. Part I elucidates the historical and theoretical foundations, spanning feminist theory evolution, the modern women's movement, and the trajectory of women's labor force participation. In Part II, the discussion delves into the critical insights of Professor Kerri Stone's groundbreaking work, "Panes of the Glass Ceiling," connecting each identified glass pane to feminist theory. Part III introduces a novel perspective by appending a 10th pane to the glass ceiling: Patriarchal Violence. This addition underscores the pervasive impact of gender-based violence on women's …

Supervision Of Artificial Intelligence In The Eu And The Protection Of Privacy, Johanna Chamberlain, Jane Reichel

FIU Law Review

No abstract provided.

The Need For Curtains Of The Soul: Privacy Versus Transparency In The Instrumented World Of Algorithmic Artificial Intelligence, Michael Martin Losavio

FIU Law Review

We approach a privacy singularity in pervasive data collection and inference that may reveal all about our lives. While privacy might not yet be dead, we struggle to maintain its shield for personal autonomy. Part of this contemporary challenge comes from the massive data sets generated every day everywhere. And then the powerful analytics that reveal all. This is further challenged by efforts at data transparency that may reveal too much of one’s life. Preservation of privacy, if we deem it important enough to preserve, must have a robust set of technical and legislative implementations on collection, storage, transmission and …

The Development Of Digital Mass Surveillance In Norway: The Emergence Of A Surveillance State?, Iris Nguyên Duy

FIU Law Review

No abstract provided.

Evolving Privacy Protections For Emerging Machine Learning Data Under Carpenter V. United States, Emily Nicolella

FIU Law Review

The Fourth Amendment’s third-party doctrine eliminates an individual’s reasonable expectation of privacy in information they willingly turn over to third parties. Government scrutiny of this information is not considered a search under the Fourth Amendment and is therefore not given constitutional protections. In the 2018 case Carpenter v. United States, the Supreme Court created an exception to the third-party doctrine. In Carpenter, a case involving the warrantless use of cell site location information (CSLI) in a criminal investigation, the Court held that individuals do have a reasonable expectation of privacy regarding CSLI. According to Chief Justice Roberts, despite the necessary …

Age Is Not Just A Number: Problems With Florida’S Statutory Minimum Age For Juvenile Delinquency And Why It Must Be Increased, Natalie Brooks

FIU Law Review

Under a Florida law enacted in 2021, any child over the age of six years old can be arrested and subjected to juvenile delinquency proceedings. Florida, as well as the United States in general, is an outlier when it comes to statutory minimum ages for juvenile delinquency. The most common and recommended minimum age internationally is fourteen years old, and many studies show that arresting, charging, and adjudicating children below the age of fourteen is counterproductive, as it leads to increased recidivism, potentially violates due process, and leaves lasting negative effects on children. This comment will discuss juvenile delinquency in …

The Ultimate Injustice: States' Failure To Take Steps To Prevent Wrongful Convictions And, When Wrongful Convictions Are Exposed, To Provide Adequate Assistance To Exonerees, Natalie Lahera

FIU Law Review

Among the many rights guaranteed by the Constitution are the rights to a presumption of innocence, equal protection, due process, a speedy trial, a trial by jury, and legal counsel, if indigent and charged with a serious crime. But those rights do not ensure that the justice system succeeds every time. The United States has exonerated over 3,000 individuals since 1989. The exonerees have collectedly lost over 26,700 years of their lives. Each exoneration has provided insight into the causes of wrongful convictions, the issues with current compensation laws, and even the changes that need to be implemented to avoid …

Weaponizing Rhetoric To Legitimate Regulatory Failures, Kat Albrecht, Kaitlyn Filip

FIU Law Review

Pyramid schemes are illegal. According to the courts, they are fraudulent because they must eventually collapse, disappointing or exploiting the members at the bottom. This illegality, largely governed by the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC), is narrowly construed to encompass only very specific instances of activity. In particular, we argue that the specificity of the law allows multi-level marketing companies (MLMs) to argue that they are ‘not a pyramid scheme’ both legally and societally in order to obfuscate exploitative conditions within the company. We take LuLaRoe as a case study of the ways in …

Model Legal Processes For Court Ordered Mental Health Treatment - A Modern Approach, Brian D. Shannon

FIU Law Review

The United States Conference of Chief Justices and Conference of State Court Administrators established the National Judicial Task Force to Examine State Courts’ Response to Mental Illness in 2019. As part of its overall efforts, the National Judicial Task Force then partnered with the Equitas Project of Mental Health Colorado to appoint a select workgroup to develop model statutory language for court-ordered mental health treatment, emergency psychiatric intervention, medication over objection, and criminal matters involving persons with mental illness. This Model Legal Processes Workgroup included judges, psychiatrists, medical school professors, law professors, and others whose goal was to draft model …

Differences Among Perpetrators Of Intimate Partner Violence Utilizing Proactive Versus Reactive Aggression, Gabriela Ontiveros, Arturo L. Cantos, K. Daniel O'Leary

Psychological Science Faculty Publications

This research aimed to categorize perpetrator’s aggression as reactive or proactive regarding intimate partner violence and explore the relationship with relevant variables. Victim statements in police reports of 60 predominantly Hispanic male adult perpetrators on probation in South Texas were rated, categorizing statements as reactive or proactive. It was hypothesized that more men would display reactive aggression and it would be associated with severe violence, emotion regulation difficulties, state anger, and impulsivity. The study further suggested that emotion regulation, state anger, and impulsivity would moderate the relationship between severity of violence and reactive/proactive classification, and impulsivity would mediate the relationship …

Judicial Resistance To New York's 2020 Criminal Legal Reforms, Angelo Petrigh

Faculty Scholarship

Scholars have examined judiciaries as organizations with their own culture and considered how this organizational culture can form a significant impediment to the implementation of reforms.²² There is a strong connection between judicial culture and a reform’s ability to accomplish its stated goals. Some go so far as to state that most reforms will fail because of the difficulty in altering judicial culture.²³ These studies sometimes focus on legislators misunderstanding the actual effects of legislation when it was drafted, or on the failure to account for particularities in a law’s implementation by undervaluing the fragmentation, adversarial nature, and …

How Do Prosecutors "Send A Message"?, Steven Arrigg Koh

Faculty Scholarship

The recent indictments of former President Trump are stirring national debate about their effects on American society. Commentators speculate on the cases’ impact outside of the courtroom — on the 2024 election, on political polarization, and on the future of American democracy. Such cases originated in the prosecutor’s office, begging the question of if, when, and how prosecutors should consider the societal effects of the cases they bring.

Indeed, prosecutors often publicly claim that they “send a message” when they indict a defendant. What, exactly, does this mean? Often, their assumption is that such messaging goes in one direction: indictment …

Knowledge Generation And Uncertainty In An Unpredictable Social World, Benjamin David Pyle

Faculty Scholarship

Professor Megan T. Stevenson’s Article, Cause, Effect, and the Structure of the Social World, is an incredibly important, deep, and thought-provoking argument explaining what we can learn about fundamental causal relationships when we observe few interventions with long-lasting, cascading consequences.¹ It is a profound reflection on empirical work in the social sciences.

The Article argues that we have found few, if any, well-identified policy levers that generate outsized, long-term positive impacts for those impacted by the criminal legal system. It offers several explanations for the lack of randomized control trial (“RCT”) evaluations with large, non-mechanical effects, but the …

The Public Defender Movement In The Age Of Mass Incarceration: Georgia's Experience, Robert L. Tsai

Faculty Scholarship

Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003. Whereas federal court litigation to improve indigent defense failed to achieve lasting reform, a shift in tactics toward “rebellious localism,” characterized by state court lawsuits against county and city officials, succeeded in prodding lawmakers to create a new framework for delivering legal services to indigent defendants. This model of legal change was effective in documenting structural flaws and creating momentum for reform. Yet other conditions—such as front-end …

Trait Self-Control, Ego-Depletion, And Mental Health In Non-Offending Minor Attracted Persons, Amaya Kathia Bonilla

All-Inclusive List of Electronic Theses and Dissertations

Research has focused on understanding the offending behavior of minor attracted persons (MAPs) due to the negative impact their behaviors have on some of the most vulnerable members of society. Further, many different models of impulsivity have been developed to explain these offending behaviors. However, limited research focuses on non-offending MAPs and gaining knowledge about what prevents them from offending. The present study attempted to fill this gap by exploring the relationship between trait self-control and ego-depletion on expression of sexual words. Additionally, the relationship between trait self-control and mental health was assessed. The present study utilized a survey approach …

Economic Thought: A Biblical Perspective, Williams Kwasi Peprah, Lucile Sabas, Quentin Sahly, Delynne Shepard

Faculty Publications

This study joins the debate about whether capitalism or socialism best shows how the Bible sees economic interactions between people and, by extension, provides insights into how a Christian should live. Capitalism is based on the private ownership and control of resources and profit, which spread with the migration process of the Protestants. Socialism is based on the idea that the group or community should own the means of production and distribution to benefit everyone equally. This paper argues that biblical principles point neither to socialism nor capitalism as the appropriate economic framework for economic interactions and the organization of …

2023-2024 Faculty Handbook, Morehead State University. Faculty Senate.

Faculty Senate Records

Morehead State University Faculty Handbook for 2023-2024.

An Examination Of The Legal Responses By United States To Technological Advances In Organized Drug Smuggling, Abdulwahab Aldossary

All-Inclusive List of Electronic Theses and Dissertations

Recent advances in technology have aided terrorists in their ability to smuggle drugs in order to finance their operations. Drug trading routes have changed and so have methods of transportation and financial transaction. This study investigates the improved technology utilized by transnational organized crime groups and how the present laws and policies address the use of the improved technology for drug smuggling. The study will first look into the current models, such as the Counter-Terrorist Funding and Money Laundering model, and understand its weaknesses regarding drug smuggling within the United States. Moreover, the paper will focus on the current laws …

The New Pornography Wars, Julie A. Dahlstrom

Faculty Scholarship

The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. As in the “pornography wars” of the 1970s and 1980s, lawyers and activists have now turned to civil remedies and filed creative anti-trafficking lawsuits against MindGeek and third parties, like payment processing company, Visa. These lawsuits seek not only to achieve legal accountability for online sex trafficking but also to reframe a broader array of online harms as sex trafficking.

This Article explores what these new trafficking lawsuits mean for the future regulation of …

Abandoning Animus, Robert L. Tsai

Faculty Scholarship

This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …

Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin

Scholarly Works

With roughly 4,000 institutions of higher education in the United States, there is a body of literature on leadership in higher education and presidents have been studies and critiqued by biographers and by scholars, yet up until now there has been scarce attention to the documented trend of lawyers leading higher education. Within the subset of lawyer presidents, one major commonality is government law experience in their career prior to the campus presidency. This article explores the unique skills and leadership that government lawyers can offer colleges and universities and provides examples of presidents with former government experience at all …

An Empirical Analysis Of The Link Between Built Environment And Safety In Chicago’S Transit Station Areas, Ahoura Zandiatashbar, Agustina Laurito

Faculty Research, Scholarly, and Creative Activity

Problem, research strategy, and findings: Considering that safety is a key environmental factor that promotes health, understanding the relationship between built environment features around transit station areas and crime may shed light on how to foster healthy communities. Yet, there is limited work that has examined how the combination of different built environment features around transit correlate with different crimes. We addressed this issue in this study using data from Chicago (IL). First, we used cluster analysis to classify stations in Chicago in a spectrum from transit-oriented development (TOD) to transit-adjacent development (TAD) categories depending on their built environment characteristics: …