Digital Commons Network^™

Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs

Faculty Publications

It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …

"Silent Revolution": The Rockefeller Foundation's Invisible Influence On The Model Penal Code, Daniel Butler Friedman

Articles & Chapters

For over a hundred years, rich families have been channeling their wealth through private foundations to remake American society, but their immense impact on the law is still poorly understood. This article begins to fill that gap by studying the almost completely unknown origins of one of the most important reforms in the history of American criminal law: the Model Penal Code ("MPC"). To show how the MPC was influenced by its primary funder this article presents unpublished documents from the archives of two of the most important private organizations in American law: the American Law Institute ("ALI") and the …

Female Sexual Offending: The Experiences Identified By Treatment Providers, Jalie Adams

Graduate Theses, Dissertations, and Capstones

Female sexual offending is a complex topic largely ignored within scholarly literature and among society. Therapeutic treatment providers with experience in the behavioral health care of the female sexual offender population provide the opportunity for additional awareness, insight, and understanding related to the phenomenon of female sexual offending through their distinct provider lens. This phenomenological research study used the lens of therapeutic provider experiences to build a succinct foundational overview of the topic of female sexual offending, expand knowledge related to the field, and develop insight into the providers who treat this complex population. This study was guided by the …

The Empirics Of Criminal Federalism, Scott Sullivan, Iben Sullivan

Journal Articles

No abstract provided.

Acculturative Stress, Chinese Proactive Coping, Future Time Perspective, And Subjective Well-Being Among Chinese International Students In The U.S.: A Moderation Model, Siming Xie, Charles R. Ridley

Journal of Comparative & International Higher Education

No abstract provided.

Impact Ipsa Loquitur: A Reverse Hand Rule For Consumer Finance, Susan Block-Lieb, Edward J. Janger

Cardozo Law Review

The topic of this symposium—Automating Bias—considers how artificial intelligence can produce, reinforce, and hide racial and other forms of discrimination in consumer finance. The animating intuition is that the complexity and opacity of algorithms and artificial intelligence in consumer lending create a greater need for disparate impact analysis to combat lending discrimination. This view was articulated forcefully by the current Director of the Consumer Financial Protection Bureau (CFPB), Rohit Chopra, when he was still a commissioner at the Federal Trade Commission (FTC).

Digital Footprints: Technology, Race, And Justice, Cassandra Jones Havard

Cardozo Law Review

Data aggregation is ubiquitous. To widen credit access, lenders now use nonconventional sources of personal technological information to measure borrower creditworthiness. Alternative data credit scoring is touted as a useful solution for borrowers with little or no credit history or “thin credit files.” The supposedly neutral algorithm provides a predictive analysis of the borrower’s ability to repay, thus allowing the borrower to obtain credit within the formal banking network.

Alternative data has the potential to expand access to financial services for underserved populations and make credit markets more competitive. Machine learning, or predictive behavioral analytics, collects and sorts the borrower’s …

Burden Of The Bargain: Ineffective Assistance Of Counsel Claims In The Absence Of A Plea Offer, Sriram H. Ramesh

Fordham Law Review

The modern criminal justice system in the United States is a “system of pleas.” Plea bargains have largely supplanted trials as the primary method of resolving criminal proceedings in this country. Acknowledging their prevalence, the U.S. Supreme Court has held that the Sixth Amendment right to effective assistance of counsel extends to the plea-bargaining process. Thus, defendants may bring ineffective assistance of counsel (IAC) claims for alleged ineffectiveness during the plea-bargaining phase.

In two companion cases, Missouri v. Frye and Lafler v. Cooper, the Court held that its two-pronged test for IAC, laid out in Strickland v. Washington, …

On Wings Of Hope, Volume 28, No. 2, 2024, Phadp, Esther Brown, Anthony Boyd, Jeffery Lee, Bart Johnson, Earl Mcgahee, Jovon Gaston, Nicholas Smith, "G.C."

On Wings of Hope

April–June 2024 edition.

Rethinking Federal Inducement Of Pretext Stops, Farhang Heydari

Vanderbilt Law School Faculty Publications

Few topics in policing have received more attention than pretextual traffic stops—traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded public trust in law enforcement. The result is a growing movement at the state and local level to roll back the widespread use of this tactic.

As promising as these developments are, most discussions of pretext stops largely omit a key player that drives the problem: the federal government. Presidents from Bush to Biden have decried …

Foreword: The Bench, The Bar, And Baltimore Law, Ronald Weich

University of Baltimore Law Forum

No abstract provided.

Barriers To Escape: How Homelessness And Drug Addiction Prevent Women From Escaping Sex Trafficking And Commercial Sex, Laura J. Lederer, Mckamie J. Chandler, Stanley Stinson

Dignity: A Journal of Analysis of Exploitation and Violence

Victims of sex trafficking and women purportedly involved in prostitution voluntarily face a complex web of interconnected challenges when attempting to escape their current circumstances. By analyzing the shared and distinct challenges faced by these women, the paper aims to inform policymakers and service providers, offering recommendations to empower women seeking to escape exploitation through multidisciplinary and interconnected networks of providers. This study surveyed 74 women in Detroit, Michigan, using nonprobability convenience sampling over a 10-month period in 2020. It compared three groups of women who self-reported as victims of sex trafficking, women who voluntarily engaged in some form of …

The Road Not Taken: A Critical Juncture In Racial Preferences For Naturalized Citizenship, Ming Hsu Chen

William & Mary Law Review

In The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel Jack Chin and Paul Finkelman argue that racist results in naturalization have arisen despite, or maybe because of, the race neutral interpretation. This happened in a manner that could have been predicted by the federal government’s attitudes toward non-White persons in the Naturalization Act of 1790 and the nearly unbroken chain of legal developments. This leads them to think of the law as a “super-statute.” While I agree that this is the path actually taken in history, I view the mid-1960s civil rights era …

Mythos And Logos: Foucauldian Subjectivities Of Virginia Woolf's Orlando, Hayley R. Cisney

Student Publications

Virginia Woolf’s Orlando: A Biography details a centuries-long battle between Orlando and the sexual structures of repressive power in England. The biographical framework of the novel implies its contribution to objective, historical fact, while the miraculous nature of Orlando’s sexual transformation directly conflicts with constituted epistemologies of being. This paper examines these contrasting forces through Michel Foucault’s post-structuralist considerations of knowledge, power, and sexuality, in addition to the incorporation of other scholarship on Woolf’s conceptions of gender. I specifically follow the timeline of Foucault’s interpretation of the repressive hypothesis as it unfolds throughout the course of Woolf’s novel. By establishing …

Development Of Occupation-Based And Trauma-Informed Care Resources To Promote Successful Reentry Following Release From Prison, Anna Burch

Capstone Projects

This 14-week capstone project focused on program development and education to establish occupational therapy-based resources into the Region 4 OS Reentry program through Michigan Department of correction (MDOC). The project was based out of Kent County Parole Office with the target population focusing on people who are actively on parole. Region 4 OS Reentry provides those on parole with many resources including bus cards, transitional housing, food vouchers, clothing/self-care assistance, trauma counseling and more. The purpose of this project was to utilize an occupational therapy lens to create resources revolving around ADL/IADLs, mental health, connecting the program with other community …

Implementation Of A Life Skills Program With Houseless Youth, Stephanie Velasco

Capstone Projects

The goal of my capstone project was to use occupational therapy knowledge and processes to integrate life skills training into a pre-existing program of services at a not-for-profit organization that helps youth overcome being houseless on Oahu, Hawaii. Occupational therapy as a profession helps individuals to engage in everyday meaningful activities as independently as possible. The scope of occupational therapy includes education and practice of life skills. Life skills are practical abilities and behaviors that allow individuals to effectively meet the demands and challenges of everyday life. Examples of these are knowledge of food and nutrition, meal preparation, home cleanliness …

Incorporation Of Animal Assisted Therapy Into Occupational Therapy Interventions For Pediatric Clients In An Outpatient Setting, Jamie Markus

Capstone Projects

Animal assisted therapy (AAT) is an emerging field that can be used to compliment traditional occupational therapy (OT). This project particularly focused on pediatric clients receiving services in an outpatient clinic. Animal assisted occupational therapy (AAOT) can be used to improve physical, social, and emotional health through the incorporation of a certified therapy dog. OT clients actively participate in a unique and individualized intervention with the therapy dog that is designed to meet their specific goals. The purpose of this project was to further develop the Therapy Dog Clinic at Unified Clinics and to expand services to community-based organizations including …

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …

Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

A Scoping Review On Racial Disparities In South Carolina’S Opioid Epidemic, Jake D'Alto

Senior Theses

This thesis examines racial disparities in opioid-related outcomes within South Carolina, highlighting the disproportionate impact of the opioid epidemic on minority communities. Using a comprehensive literature review methodology, the study analyzes the intersection of race, socioeconomic status, and systemic factors that contribute to heightened risks of opioid misuse and overdose among African American populations. The paper identifies key factors such as poverty, incarceration rates, and limited access to healthcare that exacerbate the opioid crisis in these communities. Additionally, it evaluates the effectiveness of current public health responses and legislative measures in addressing these disparities. The research proposes several actionable interventions, …

Addressing The Opioid Crisis Through County-Widen Public Safety Agencies’ Post-Overdose Outreach Programs, Julia Keane

School of Professional Studies

The opioid epidemic not only kills thousands every year but sees thousands survive overdoses only to overdose again in a continuous cycle. Massachusetts is no stranger to this epidemic, with numbers and patterns mirroring national rates. Newer changes to the drug supply, with fentanyl becoming increasingly used, sold, and cut with other drugs., have been on the rise and impact current opioid overdoses rates. Preventative measures are needed to address this public safety and public health crisis, not only bettering the current rates but decreasing future ones. This paper will first look at the methodology and literature used to understand …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Why Citizens Engage In Co-Production: A Theoretical Framework And Experimental Evidence, Seulki Lee, Chongmin Na

Research Collection School of Social Sciences

Co-production has been embraced as a robust strategy to improve service quality and create public value. Despite growing interest in citizens’ motivations to engage in co-production, there remain some major gaps in the literature. This study proposes a theoretical framework of factors that influence co-production and offers experimental evidence as to the effects of those factors from an online survey experiment with a sample of 1,297 Koreans. The findings show that public service motivation, driven by normative motivations, is associated with greater willingness to co-produce. We find little effect of monetary or non-monetary rewards, input legitimacy, or individual characteristics such …

Redbird Scholar, Vol. 9, No. 2 (Spring 2024), Illinois State University, Office Of The Vice President For Research And Graduate Studies

Redbird Scholar

No abstract provided.

First-Generation College Students And Sense Of Belonging At School: The Moderating Effect Of Remote Learning, Christina Su Ju

Psychology Theses & Dissertations

This study examines the effect of first-generation college student status on students’ sense of belonging, and whether remote learning moderates this effect. Specifically, this study examines whether first-generation college students’ sense of belonging at university differs from their continuing-generation college student counterpart, and whether taking remote courses impacts that relationship. It was hypothesized that first-generation college students would report lower sense of belonging than continuing-generation college students, and that remote learning would moderate the relationship such that the negative effect of first-generation student status on sense of belonging is strengthened when the student takes more remote courses. Survey data from …

Compassionate Communication, Social Support, And Safety: Needs Of People Experiencing Homelessness, Emma Lynn Jackson

Communication & Theatre Arts Theses

On any given night in 2023, approximately 650,000 people were experiencing homelessness (HUD, 2023). With the highest rate of homelessness since national reporting began in 2007 and double the rate of chronic homelessness since 2016, it could be inferred that the resources are not effectively mitigating the problem (HUD, 2023). To attempt to understand this complex issue, this thesis initially reviewed theories on societal structures, personal connections, social support, and gaps in support. In person interviews of 14 people living with homelessness explored perceptions of support, social challenges, involvement in the community and lack of support. Following each interview, a …

Innocence Through An Intersectional Lens: An Examination Of Women And Wrongful Convictions, Briana Paige

Sociology & Criminal Justice Theses & Dissertations

According to The National Registry of Exonerations (2022), nearly 40% of all exonerations involve a no-crime wrongful conviction. While women make up less than 10% of all exonerees, nearly 73% of exonerated women were originally convicted of crimes that never happened, compared to only 38% of exonerated men. Despite their prevalence, the topic of no crime wrongful convictions is extremely understudied in the wrongful conviction literature.

Additionally, since prior research on wrongful convictions has been primarily male centered, the likelihood that a woman’s case will be accepted to be reviewed for innocence is significantly lower than men (Free and Ruesink, …

Free Speech For Me But Not For Airbnb”: Restricting Hate-Group Activity In Public Accommodations, Sabrina Apple

Vanderbilt Law Review

As digital services grow increasingly indispensable to modern life, courts grow inundated with novel claims of entitlement against these platforms. As narrow, formalistic interpretations of Title II permit industry leaders to sidestep equal access obligations, misinformed interpretations of First Amendment protections allow violent speech and conduct to parade uninhibited. Within the mistreatment of these two established doctrines lies a critical distinction: the former is in desperate need of modernization to fulfill its original intent, and the latter is in desperate need of restoration for the same ends. This climate creates conditions ripe for doctrinal upheaval. This Note considers how the …

Understanding The Role Of Adverse Childhood Experiences On Resilience In Police Officers, Wayne F. Handley

Counseling & Human Services Theses & Dissertations

Police officers are subject to a variety of stressors not only from job-related events resulting from direct or vicarious trauma exposure (Andersen & Papazoglou, 2014; Brown et al., 1999; Iversen et al., 2008) but also from family and personal concerns (Burke, 1998; Page & Jacobs, 2011), and administrative pressures originating from within their own agencies (Violanti et al., 2018; White et al., 2016). Prior to their careers as police officers, individuals may also be exposed to traumatic events early in life. Adverse Childhood Experiences (ACEs) are described as negative events related to emotional, physical, or sexual abuse or neglect, exposure …

Partners In Crisis: A Phenomenological Exploration Of Collaboration Between Crisis Intervention Team Officers And Mental Health Professionals, Jessica L. Huffman

Counseling & Human Services Theses & Dissertations

Law enforcement officers (LEOs) are often the first responders to crisis situations, which increasingly include mental health crises. Collaborating with mental health professionals and organizations increases the likelihood that individuals will receive a response that is contextually and culturally informed by an understanding of mental health needs and considerations. For this reason, Crisis Intervention Teams (CIT) have been established to train LEOs and to unite efforts with mental health professionals, advocates, and community constituents. While there is existing and ongoing literature exploring the responses provided by CIT, there is limited research on the experiences of CITs related to their unique …