Digital Commons Network^™

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …

The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo

UMKC Law Review

The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.

The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …

Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker

UMKC Law Review

Problem-solving courts work. We know that reentry programs and intensive supervision programs like drug courts are effective alternatives to incarceration that reduce recidivism. For example, the United States District Court for the Western District of Missouri's Reentry Court has an 85.7% success rate for graduates, meaning they complete their term of supervised release without any new charges. A reduction of recidivism means hefty savings of tax-payer dollars. More importantly, successful problem-solving courts mean people engage in their communities, raise families, work productive jobs, and pay taxes.

Courts and legislators and executive branches around the country are increasingly turning to problem …

Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill

UMKC Law Review

The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.

The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …

Protecting Children's Access To A Sound Basic Education In The Age Of Political Polarization, A Comment On Goodwin Liu And Kristine Bowman's Essays On Children's Education In The Restatement, Emily Buss

University of Chicago Law Review

Justice Goodwin Liu and Professor Kristine Bowman have taken two very different approaches in their essays commenting on the Restatement’s¹ coverage of the law governing children’s education. In Some Thoughts on a Developmental Approach to a Sound Basic Education,² Justice Liu focuses near exclusively on the Restatement’s articulation of the core educational standard, the “sound basic education,” and presses for an expanded application of that standard to children from birth through young adulthood.³ In The New Parents’ Rights Movement, Education, and Equality,⁴ Bowman addresses the entire structure of the educational provisions of the Restatement, which straddle …

Adolescents In The Justice System: A Progress Report On The Restatement Of Children And The Law, Richard J. Bonnie

University of Chicago Law Review

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law,¹ has often observed that the nation’s widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in and guided by evolving knowledge about adolescent development; and (2) youth-serving institutions, including the justice system, must collaborate to erase substantial racial disparities in intervention, discipline, and punishment.² This Symposium will explore the current draft of the Restatement of Children and the Law with …

Dobbs, Bruen, And Domestic Violence: Fewer Abortions, More Guns, And The Effects Of Both On Survivors Of Intimate Partner Violence, Gemma Donofrio

North Carolina Law Review

No abstract provided.

Charging Abortion, Milan Markovic

Faculty Scholarship

As long as Roe v. Wade remained good law, prosecutors could largely avoid the question of abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has now placed prosecutors at the forefront of the abortion wars. Some chief prosecutors in antiabortion states have pledged to not enforce antiabortion laws, whereas others are targeting even out-of-state providers. This post-Dobbs reality, wherein the ability to obtain an abortion depends not only on the politics of one’s state but also the policies of one’s local district attorney, has received minimal scrutiny from legal scholars.

Prosecutors have broad charging discretion, …

Judicial Discipline Through The Prism Of Public Law Values: A Contextual Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first significant legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline regime for federally appointed judges. This essay is a contextual analysis of Bill C-9. The authors begin by outlining a conceptual framework which identifies eight public law goods that can guide an assessment of a complaints and discipline system. They then locate Bill C-9 in a historical context by identifying a crisis of legitimacy that had overtaken the Canadian Judicial Council by the early …

Early Life Experiences As Later Life Predictors For Criminality: Examination Of Public Criminal Records., Juliana S. Bastien

College of Arts & Sciences Senior Theses

Crime's detrimental impact on society, victims, families, and the justice system is undeniable. Thus, identifying factors that contribute to the perpetration of crime is essential to reduce the public health impact of crime. Adverse Childhood Experiences (ACEs) are frequently found in community samples and are consistently associated with physical, psychological, and behavioral consequences. Research suggests that negative childhood experiences contribute to maladaptive behaviors, including delinquency and perpetration of crime later in life (Perez et al., 2018). The present study's purpose is to identify specific childhood experiences associated with criminality. The data presented on criminality and ACEs was collected from recruited …

Legislative Civility, Gridlock, Polarization, And Productivity, William D. Schreckhise, John C. Pierce, Francis A. Benjamin, Nicholas P. Lovrich, Eric D. Button

Political Science Faculty Publications and Presentations

This article examines the relationship between legislative civility and legislative productivity in US state legislatures. The research employs data from the National Survey of State Legislative Lobbyists and from the State Policy Innovation and Diffusion (SPID) database. The former dataset is used to generate an overall civility index for each state as developed by Kettler et al. The SPID database allows one to measure the legislative productivity of a state legislature. Employing these data, negative binomial and Poisson regression models reveal that state legislatures rated as more civil by their own lobbyists produced significantly more pieces of noteworthy legislation than …

Minutes, March 2024, University Of Dayton. College Of Arts And Sciences

Documents of the College of Arts and Sciences Academic Affairs Committee

Minutes from organizational meeting for Academic Affairs Committee

The Interpersonal Effects Of Emotional Expressions With Both And Single Valences On Work-Related Satisfaction: An Examination Of Emotions And Perceived Openness As Mediators, Ming-Hong Tsai

Research Collection School of Social Sciences

Work-related satisfaction has critical benefits. To predict work-related satisfaction, we investigated how a counterpart’s expressions of emotional complexity (both positive and negative emotions), positive emotions, and negative emotions influenced a perceiver’s work-related satisfaction during discussions over different work-relevant ideas. We conducted a three-wave coworker survey (N = 529) and an experiment with a confederate as a task partner (N = 378). The results consistently showed significant positive impacts of a counterpart’s emotional complexity and positive emotion expressions on a perceiver’s work-related satisfaction by enhancing the perceiver’s positive emotions and evaluation of the counterpart’s openness. Conversely, a counterpart’s negative emotion expression …

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …

Should State Trial Courts Become Laboratories Of Upl Reform?, Bruce A. Green

Fordham Law Review

There is a growing “access to justice” movement that is principally driven by lawyers and judges. It has multiple objectives. One such objective is to make state court proceedings fairer, more reliable, and more accessible. This is important because state courts have a significant impact on peoples’ lives. They are where family members lose custody of children, where property owners obtain permission to evict tenants, where creditors are empowered to repossess people’s cars or garnish their wages, and (in some jurisdictions) where judges send people to jail to compel them to pay judgments or fees that they cannot afford to …

Threading A Decolonial Feminist Response To Covid-19: One Community Psychologist's Reflection On The Assemblages Of Violence, Jesica S. Fernandez

Ethnic Studies

To challenge and interrogate the assemblages of violence produced by racial capitalism, and exacerbated by the COVID-19 pandemic, community psychologists must engage in a transdisciplinary critical ethically reflexive practice. In this reflexive essay, or first-person account, I offer a decolonial feminist response to COVID-19 that draws strength from the writings of three women of Color decolonial and postcolonial feminist thinkers: Gloria E. Anzaldúa, Sylvia Wynter, and Arundhati Roy. Through their writings I share my reflections on the sociopolitical moment associated with COVID-19. Of importance, I argue in support of engaging a decolonial feminist standpoint to understand the inequitable and dehumanizing …

Equity Of Overdose Education And Naloxone Distribution Provided In The Kentucky Healing Communities Study, Douglas R. Oyler, Hannah K. Knudsen, Carrie B. Oser, Sharon L. Walsh, Monica Roberts, Shawn R. Nigam, Philip M. Westgate, Patricia R. Freeman

Biostatistics Faculty Publications

Background: Opioid overdoses differentially affect demographic groups. Strategies to reduce overdose deaths, specifically overdose education and naloxone distribution (OEND), are not consistently delivered equitably. Methods: The HEALing Communities Study^SM (HCS) is a cluster-randomized trial designed to implement evidence-based practices, including OEND, to reduce overdose deaths across communities. Individuals receiving OEND in eight Kentucky counties between January 2020 and June 2022 provided demographics and overdose history. Recipient characteristics were compared to opioid overdose decedent characteristics to evaluate whether OEND was equitably delivered to the target population. Recipient characteristics were also analyzed based on whether OEND was delivered in criminal justice, …

Readers’ Workshop Model Impact Urban Primary Students’ Motivation And Reading Progress, Narissa Waller

Dissertations

In order to assess the impact of the Readers' Workshop on academic success and literacy progress of primary students in an urban Midwest primary school, the researcher conducted a study. Through this study, the researcher aimed to determine whether the implementation of the Readers' Workshop positively affected the academic and literacy progress of primary students in an urban setting. Student progress was analyzed by comparing their assessment scores and reading levels in fall 2022 and spring 2023. The study aimed to identify effective teaching practices that can be implemented to bridge the achievement gap between urban students and their counterparts. …

New Hurdles To Redistricting Reform: State Evasion, Moore, And Partisan Gerrymandering, Manoj Mate

Journal Articles

Proponents of fair districting reforms continue to face challenges in seeking to address the problem of partisan gerrymandering. Even in states that have successfully enacted redistricting reforms, state actors have been able to evade compliance, and state courts have been unable to guarantee fair districts. In addition, the Supreme Court’s decision in Moore v. Harper could also limit state court efforts to guarantee fair districts. This Article argues that state evasion and Moore threaten to undermine the efficacy of fair districting norms recognized by state courts or enacted through either state political processes. Moore could create a one-way ratchet by …

Mercer Law School’S Legacy Of Service To The Profession, Franklin T. Gaddy, Siena Berrios Gaddy, Thomas Alec Chappell, E. Tate Crymes

Mercer Law Review

Hon. William Augustus Bootle, a 1925 graduate of Mercer Law School and 1924 graduate of Mercer University, penned of his alma mater, “[the] school was conceived in professionalism and dedicated to excellence.” Similarly, “Altruism, not the promotion of selfish aims, has been the inspiration of the [Georgia Bar] Association throughout its entire history.” As noted by Judge Bootle, Mercer Law School’s legacy of service to the profession began long before the establishment of the State Bar of Georgia as we know it today.

Today, Mercer Law School remains dedicated to serving the legal profession. This commitment to serve and devote …

It's The Final Countdown: How A Legislative Solution Might Rectify The Staffing Shortages & Horrors Of Rikers Island, Rochelle Podolsky

Hofstra Labor & Employment Law Journal

No abstract provided.

The Minimalist Alternative To Abolitionism: Focusing On The Non-Dangerous Many, Christopher Slobogin

Vanderbilt Law Review

In "The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics," published in the Harvard Law Review, Thomas Frampton proffers four reasons why those who want to abolish prisons should not budge from their position even for offenders who are considered dangerous. This Essay demonstrates why a criminal law minimalist approach to prisons and police is preferable to abolition, not just when dealing with the dangerous few but also as a means of protecting the non-dangerous many. A minimalist regime can radically reduce reliance on both prisons and police, without the loss in crime prevention capacity and legitimacy that is …

Providing Incarcerated Youth With A Community Of Their Peers, Providing Resources, And Modeling Healthy Attachment May Lead To Prosocial Behaviors, Emilee Brnusak

University Honors Theses

This thesis examines the connection between gang activity and attachment style. A summary of literature suggests that childhood attachment injuries lead to antisocial, maladaptive relationships and neurological changes that impact executive functioning and emotional regulation. These factors leave youth at higher risk of gang membership. This thesis then explores how an outreach experience at the MacLaren Youth Correctional Facility inspired a large-scale intervention called Resources for Attachment-injured Youth (RAY) that could be implemented in youth prisons across the country.

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role in male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

Fort Hays State University Tiger Weekly, March 01, 2024, University Relations

Tiger Weekly Newsletters

No abstract provided.

Designing Sanctuary, Rick Su

Michigan Law Review

In recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, …

Voting While Trans: How Voter Id Laws Unconstitutionally Compel The Speech Of Trans Voters, Emmy Maluf

Michigan Law Review

Thirty-five states currently request or require identification documents for in-person voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter’s gender presentation, the voter may be disenfranchised—either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not …

The Road To Hell Is Paved With Good Intentions: Deinstitutionalization And Mass Incarceration Nation, Corinna Barrett Lain

William & Mary Law Review

They say that the road to hell is paved with good intentions, and our failed implementation of deinstitutionalization in the 1970s is a prime example of the point. In this symposium contribution—a response to Jeffrey Bellin’s book Mass Incarceration Nation—I offer a historical account of deinstitutionalization of state mental hospitals, tracing how severely mentally ill patients were discharged from state hospitals and eventually made their way back to secure beds, but in our nation’s jails and prisons instead. Mental health and mass incarceration are not separate crises, I argue, but rather interconnected problems with an interconnected past that require …

Curriculum Subcommittee Agenda March 7, 2024, Utah State University

Educational Policies Committee

• Approval of Minutes – February 1, 2024
• Program Proposals

• Semester Course Approval Reviews: https://usu.curriculog.com/

• Other Business

• Adjourn: 3:00 pm

Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams

Nevada Law Journal

No abstract provided.