Digital Commons Network^™

Principles Of Prosecutor Lenience, Jeffrey Bellin

Faculty Publications

[T]here are profound questions about the when and why of lenience, and particularly prosecutor lenience. The answers speak to one of the great mysteries of American criminal law: the role of the prosecutor. I have taken on this mystery in recent years and continue the effort here by offering a skeletal framework for prosecutor leniency. The framework proposes three principles of prosecutor lenience. Prosecutor lenience should be (1) non-arbitrary, (2) equal, and (3) abundant.

[...]

This Symposium Essay explores prosecutorial lenience through the lens set out above. Part I defines prosecutorial lenience and proposes three principles to guide its exercise. …

Health Behaviors Predicting Risk Of Obesity In Us Adults: What Does A Healthy Lifestyle Look Like?, Jacqueline Vernarelli, Jessica R. Kiel, Christopher D. Coleman, Satya S. Jonnalagadda

Public Health Faculty Publications

Objective

The purpose of this study was to examine the association between lifestyle factors and body weight in a nationally representative sample of US adults and to evaluate the association between a novel “Healthy Habits Composite Score (HHCS)” and risk of obesity.

Methods

This cross-sectional study included data from 4870 adults who participated in the 2017–2018 National Health and Nutrition Examination Survey (NHANES). The HHCS was developed based on 4 factors: diet, physical activity, sedentary time, and sleep, all of which were measured during the NHANES. A “healthy lifestyle” was defined as meeting ≥3 of the 4 established criteria. Data …

Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram

Publications

This Essay critiques the decision to uphold federal gun restrictions on unlawfully present noncitizens on the basis of "immigration exceptionalism." It argues that courts should avoid applying bespoke constitutionalism to criminal laws, including gun laws, simply because the law regulates noncitizens. This Essay shows why such exceptional modes misapprehend long-decided Supreme Court cases and well-established legal doctrine. Further, it warns that an exceptional approach to Second Amendment claims by unlawfully present noncitizens cannot be cabined to either firearms or the unlawfully present. Rather, it portends a wider gulf in constitutional protections for all noncitizens across a variety of fundamental criminal …

Ai Malpractice, Bryan H. Choi

Publications

Should AI modelers be held to a professional standard of care? Recent scholarship has argued that those who build AI systems owe special duties to the public to promote values such as safety, fairness, transparency, and accountability. Yet, there is little agreement as to what the content of those duties should be. Nor is there a framework for how conflicting views should be resolved as a matter of law.

This Article builds on prior work applying professional malpractice law to conventional software development work, and extends it to AI work. The malpractice doctrine establishes an alternate standard of care—the customary …

Living The American Dream? College Experiences Of Undocumented Students In An Era Of Rising Xenophobia And Political Turmoil, Sandra Y. Ting Ph.D.

Theses and Dissertations

This research study sought to deepen the understanding of the journeys of undocumented and DACAmented college students in an era of escalated xenophobia and political unrest. Three noteworthy themes emerged from the sentiments expressed by participants. The experiences they described included: 1) the turmoil of undocumented status eliciting unique and empowering demonstrations of resourcefulness, creativity, and self-advocacy, 2) motivation and stress from their respective citizenship statuses existing as two mutually dependent facets of a unified whole, 3) a community of support from other undocumented and/or DACAmented peers as a necessity for wellbeing. These critical outcomes culminate in the conditioning to …

Showing Mercy Through A Presumption Of Retribution, Marah S. Mcleod

Journal Articles

From the Article

This Essay proposes a path toward the systematic consideration of mercy in American sentencing. America does not have to choose between retributive blame on the one hand and nonjudgmental mercy on the other. Inspired by Whitman's description of the European "presumption of mercy," America can implement a presumption of its own-one that opens the door to the nonarbitrary exercise of mercy, while retaining a clear focus on retributive desert. Such a presumption, tailored to American political realities and moral norms, might be called a "presumption of retribution"-and this presumption could be codified in law while explicitly made …

Applications Of Shape Analysis, Yang Zhang

Graduate Research Theses & Dissertations

Shape analysis is a field of Statistics focused on analyzing and understanding the shape or the geometric properties of objects. We utilize the Bayesian circular cubic smoothing splines to estimate the shapes and introduce a rotation-based alignment method. A simulation study investigates the effect of shape alignment. As an application, we estimate the shapes of hourly crime rates in urban centers across the United States and compare the aligned shapes for different types and locations of crimes. In addition, we apply the proposed shape estimation with alignment to the survival analysis for the length of hospitalization of COVID-19 patients in …

Expressive Writing Rooted In Self-Determination Theory: An Intervention For Racial Trauma, Diana A. Robinson

Graduate Research Theses & Dissertations

Understanding the impact of racial discrimination is not a new endeavor in the field of psychology. However, research utilizing a trauma-focused lens to evaluate the negative mental health outcomes in the aftermath of racial discrimination is only in its infancy. In addition to depression, anxiety, and substance use, recent research has linked racial discrimination to negative mental health outcomes that mirror that of posttraumatic stress disorder (PTSD). Although many researchers have identified the negative effects of racial discrimination, few studies have examined intervention approaches designed to reduce the negative impact of racial discrimination. Self-Determination Theory (SDT) is a comprehensive theory …

Effective Communication Strategy During Crisis: A Case Of The 2010 Toyota Recall Crisis, Masud Mensah

Masters Theses

Crisis communication is an integral part of public relations and organizational management at large involving the timely and strategic sharing of information during a crisis or emergency. Its primary purpose is to ensure that organizations effectively manage and minimize the negative impact of the crisis on their operations and stakeholders, which invariably helps to maintain trust, credibility and restore their reputation. Based on an interpretivist standpoint, the study utilizes qualitative approaches and takes the form of a case study. It offers a comprehensive account of the crisis, including key occurrences, media representation, and public responses, showcasing its international impact via …

The Split From Precedent: An Analysis Of The Negative Impact Oklahoma V. Castro-Huerta Will Have In Indian Country, Meg A. Bloom

American Indian Law Review

No abstract provided.

Oklahoma V. Castro-Huerta: Oklahoma’S Latest Power Grab And Its Implications For Native Women In A Post-Roe World, Camryn A. Conroy

American Indian Law Review

No abstract provided.

Unprincipled Preemption: Why The Supreme Court Was Wrong In Oklahoma V. Castro-Huerta To Abandon Exclusive Federal Jurisdiction Over Crimes By Non-Indians Against Indians In Indian Country, Eric Ramoutar

American Indian Law Review

No abstract provided.

A Tribal Court Blueprint For The Choctaw Freedmen: Effect Of Cherokee Nation V. Nash, Leeann Littlejohn

American Indian Law Review

No abstract provided.

Taylor Davis - Eportfolio, Taylor Davis

High Impact Practices Student Showcase Fall 2024

The purpose of my ePortfolio project is to serve as a digital collection of the many and various experiences that I have had the privilege of accumulating throughout the last several years as an undergraduate student. Through the process of creating this ePortfolio, I was given the opportunity to reflect on a comprehensive recollection of all of these experiences, gaining a more insightful approach and examining how these events will influence my future endeavors. Key activities included compiling a variety of materials including photos, videos, proposal documents, certifications, and more to create an all-encompassing portfolio of experiences. This compilation helped …

History Of Injustices And The Current Interim Government Actions In Bangladesh, Kazi S. Salsabil

High Impact Practices Student Showcase Fall 2024

The project illustrates the knowledge I obtained through the U-LEAD global leadership course and the research project assessing global issues. This illustration will discuss the past and current situation of Bangladesh. It has only been 53 years since Bangladesh became independent. Unfortunately, the country has a long history of political struggles. The country is recovering from the destabilized government left by former Prime Minister Sheikh Hasina. The purpose of this project is to assess the political and societal obstacles faced by Bangladesh.

Additionally, psychological well-being and accessibility to resources will be evaluated. For this project, I used Google Forms to …

Doing Good With Goods And Grace, Piper Sunvold

High Impact Practices Student Showcase Fall 2024

Goods and Grace is a non-profit grocery store located in Casselberry, Florida, specifically founded to serve the low income community in Central Florida. Goods and Grace’s mission is “To nourish Bodies & Souls with Dignity and Grace” (Goods and Grace, n.d.). They fulfill this mission by providing lower priced grocery store items to families that meet the low income requirements, and by providing members with advice on job hunting, cooking, and other areas. While serving with Goods and Grace, I was a cashier, who checked people out as well as restocked shelves. However, there were also many people who just …

Experiencing Opening Your Heart To Hope, Lucia Quinones

High Impact Practices Student Showcase Fall 2024

Working at the HOPE Chest Thrift Store, I got to learn about looking through quality of clothing, talking with the community, staff members, cleaning up the store, and learning what it's like from an outsider's perspective vs a behind the scenes perspective on how workers are in the back. Main learning lessons, discipline and hard work can go a long way for impacting others. Everyone is doing their best and being the leader to see the background, leads to an open-mind. My goal was to work at a food pantry but it turned into working at a thrift store that …

Unlocking The Path To Psychology: A Guide To Building A Career In The Field, Kazi S. Salsabil

High Impact Practices Student Showcase Spring 2025

The Psychology 3074: Career Readiness 2 course offers an integrative learning experience aimed at enhancing students' professional development. This project reflects my journey as a student in building a solid foundation in professional communication, self-presentation, job market navigation, and the continuous growth fostered by embracing feedback. Throughout the course, we developed essential career readiness skills, including refining resumes and cover letters, participating in mock interviews, cultivating resilience in response to feedback, and crafting compelling elevator pitches. Additionally, resources such as the UCF Writing Center and Handshake played a pivotal role in advancing my resume, cover letter, and interview preparation, contributing …

Knocking At The Door: The Life And Legacy Of Dr. James Montgomery, Haley Eloise Wells

All ETDs from UAB

The life and work of Black Birmingham cardiologist, Dr. James T. Montgomery, demonstrates the importance of viewing the history of health activism and Birmingham civil rights history as two interconnected histories that influenced each other. Traditionally, secondary scholarship on the Birmingham civil rights movement and scholarship on the history of healthcare have been treated as two separate areas of study. Scholars such as Glenn Eskew and Diane McWhorter have written extensively on the civil rights movement in Birmingham, but their scholarship excludes any comprehensive discussion of the fight for racial justice within Birmingham’s medical field. Conversely, scholars such as Thomas …

Identifying Wrong-Way Driving Entry Points On Interstate Highways Using Land-Use Impact Assessment And 911 Calls, Farman Mia, Samer Dessouky

Publications

The research aims to provide insight into the initiation event of Wrong-way Driving (WWD) on highways. The intense severity of a WWD accident is encouraging the authorities to install mitigation systems that will ensure safety for motorists on highways. The WWD events are mostly resulting of intoxicated driving, where the unconscious driver takes the wrong way to enter the highway and place other motorists into life-threatening danger. This research attempted to explore from basic knowledge of WWD occurrence to examine the origin and driving philosophy of intoxicated drivers from land-use impact and mathematical modeling point of views. To identify the …

Motorcycle Crash Analysis, Hatim Sharif, Samer Dessouky

Publications

The Fatality Analysis Reporting System database shows that, in stark contrast to the 34 percent decline in non-motorcyclist crash–related fatalities, motorcyclist crash–related fatalities were up 86 percent with only three year-to-year declines since 1997, while non-motorcyclist crash–related fatalities had 13 year-to-year declines since 1997. At the national level, the rate of motorcyclist fatalities per vehicle mile traveled is 29 times higher than the rate among passenger car occupants, with overall injury rates approximately five times higher among motorcyclists than passenger car occupants. Given the frequency of motorcycle crashes and their staggering toll in terms of loss of life and economic …

Developing A Snow Detection Algorithm Using Spatial Attention For Pedestrian Safety, Ricardo De Deijn

All Graduate Theses, Dissertations, and Other Capstone Projects

SNOW-COVERED SIDEWALKS POSE SIGNIFICANT SAFETY HAZARDS, ESPECIALLY FOR VULNERABLE POPULATIONS SUCH AS THE ELDERLY AND VISUALLY IMPAIRED. THE DEVELOPMENT OF EFFECTIVE SNOW DETECTION SYSTEMS IS CRUCIAL FOR ENHANCING PEDESTRIAN SAFETY. THIS RESEARCH AIMS TO ADDRESS THESE CHALLENGES BY DEVELOPING A SNOW DETECTION ALGORITHM SPECIFICALLY DESIGNED FOR SIDEWALKS. THE PROPOSED ALGORITHM USES A CONVOLUTIONAL NEURAL NETWORK (CNN) ARCHITECTURE INCORPORATING A 2-DIMENSIONAL SPATIAL ATTENTION MECHANISM TO FOCUS ON RELEVANT FEATURES IN IMAGES, IMPROVING SNOW DETECTION ACCURACY. DUE TO THE SEASONAL AND GEOGRAPHIC LIMITATIONS OF SNOW DATA COLLECTION, SYNTHETIC DATA GENERATION USING INVERSE DIFFUSION MODELS WAS EMPLOYED TO AUGMENT THE REAL-WORLD DATASET. ALTHOUGH …

From Creek To Ditch And Back Again: The History And Future Of Pattee Creek, Missoula, Montana, Carver Edward Butterfield

Graduate Student Theses, Dissertations, & Professional Papers

Pattee Creek was once a free-flowing stream that meandered across the Missoula Valley, but has been channelized, piped, and degraded by logging, mining, agriculture, and urbanization. This thesis used a mixed-method approach to examine the impact of human activities on the Pattee Creek watershed. Beginning with a historical overview, the story of how the creek has been utilized and why it was buried was told. An analysis of historical photos from 1937 to 2019 revealed drastic changes in the land cover of the watershed and the channel of lower Pattee Creek. Developed land increased dramatically, while open land decreased and …

The Blackfeet Nation’S Bison Conservation Herd Management Plan, Brandon Kittson

Graduate Student Theses, Dissertations, & Professional Papers

This document is meant to act as a guide to understanding Bison reintroduction on the Blackfeet reservation and serve as a resource for bison management. This report and plan will: 1) review bison ecology and the history of reintroduction efforts on the reservation; 2) identify potential issues and barriers to successful reintroduction; 3) present a summary of current land policies and patterns of land use on the reservation; and 4) provide recommendations for dealing with those potential issues. Recommendations will be based on analyses of previous knowledge of bison and bison behavior.

Ending The Doom Cycle: Redefining Historic Preservation And Reclaiming Total Heritage Through Community And Social Justice Advocacy, Nikki Marie Manning

Graduate Student Theses, Dissertations, & Professional Papers

In the wake of a global pandemic and escalating societal challenges, yet another attempt to examine familiar debates about what we preserve and why and the typical arguments for and against historic preservation, seem inconsequential and disconnected from addressing more urgent societal needs such as systemic racism, inequality, police brutality, LGBTQ+ rights, economic and healthy disparities, and environmental justice. The field of historic preservation has the potential, and even obligation, to emphasize and create meaningful impact on larger issues. It should be highlighting and celebrating the diverse stories of people and places that define our community, and the history embodied …

Debunking Criminal Restitution, Lula Hagos

GW Law Faculty Publications & Other Works

Criminal restitution—the money paid by a defendant to a victim—is often overlooked amidst growing scholarly consensus about the adverse impact of criminal court fines and fees. Restitution receives less attention because it is perceived as a fair and unobjectionable sanction with legitimate goals, while fines and fees are now widely condemned as primarily serving as a funding source for local and state governments. Consequently, the animated and extensive discourse around financial punishment largely excludes criminal restitution.

Though criminal restitution may appear to have legitimate penological purposes, it serves to perpetually punish defendants who are poor—the vast majority of those in …

Protecting The U.S. National Security State From A Rogue President, Laura T. Dickinson

GW Law Faculty Publications & Other Works

The presidency of Donald Trump revealed weaknesses in the U.S. constitutional structure and its legal rules, weaknesses that had been covered over for most of our history because presidents of all political parties voluntarily obeyed norms of behavior that kept the presidency within the bounds of constitutional democratic governance. Unfortunately, there is no guarantee that such norms have been permanently restored. Thus, scholars, policymakers, and judges must consider now how to protect the rule of law from a rogue president, rather than waiting for the next crisis to occur. This Article provides a comprehensive set of achievable reforms targeted specifically …

Disability, Race, And Immigration: The Intersectional Impact Of Policing, Tania N. Valdez

GW Law Faculty Publications & Other Works

Law enforcement officers commonly must respond to situations in which a person is experiencing acute symptoms of a mental illness. Yet from the first moment of police involvement, these community members face the possibility of negative outcomes. Consequences include officers' use of excessive force leading to injury or death, criminal arrest and prosecution that results in deprivation of liberty, separation from the community, and the creation of a permanent criminal record that affects other rights.

Although potential violence and criminalization are important reasons to avoid relying on police during mental health events, another key consideration is often ignored in the …

Rules & Laws For Civil Actions: 2024 Ed., Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

2024 Edition

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa …

Cop In New York City, Los Angeles, And Chicago: Assessing The Adherence To The President's Task Force On 21st Century Policing, Hayden Allen

Research Papers

No abstract provided.