Ndls Communicator: Week Of 02.26.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School awards endowed professorships to Paul Miller and Jeff Pojanowski
• Professor Richard Garnett appointed to serve as a lay consultant on the USCCB's Committee for Religious Liberty
• ND Law EJC director Jimmy Gurulé to address Consular Summit in Mexico City on wrongful convictions
• ND Law students win asylum for families through immigration externship
• Clinical Professor Emerita Judith Fox co-authors Eviction Court Watch Study
• Sherif Girgis' article, "Living Traditionalism," was quoted in the New York Times to help interpret Justice Barrett's and Judge Newsom's takes on the Supreme Court's 'history-and-tradition' tests.
• Emily Bremer's new paper, …

Why Teach Critical Race Theory, Joni Schwartz

Publications and Research

I teach at Queensboro Correctional Facility, LaGuardia Community College and John Jay College of Criminal Justice. Last year, my co-invesitigator John R, Chaney and I receive a Department of Justice grant to teach college credit-bearing classes to those behind bars. Critical Race Theory is an effective tool.

Thanks For The Lyft: Optimizing Rideshare Safety In Arkansas, Addison A. Tucker

Arkansas Law Notes

Rideshare companies such as Uber and Lyft, also known as Transportation Network Companies (“TNCs”), are underregulated and provide little protection to passengers, despite the thousands of women who have reported instances of sexual violence during their trips. This Comment argues that Arkansas law should be modified to strengthen the criminal background checks of potential rideshare drivers, require surveillance during rides, and classify the impersonation of a rideshare driver as a felony.

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Pace International Law Review

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

Juvenile Hate Crimes And Identity-Based Bullying: A Comprehensive Analysis, Peter Efon Elad

Master of Arts in Criminal Justice Leadership

Abstract

This paper examines juvenile hate crimes and identity-based bullying within the criminal justice system (CJS), proposing leadership strategies and an administrative action plan to address these issues. The analysis includes the impact on peers, community, and justice entities, focusing on accountability, diversity, and inclusivity to foster a positive organizational culture and ensure effective implementation. This paper examines the ethical considerations necessary to address juvenile hate crimes and identity-based bullying within the juvenile justice system and related workplaces. It explores the impact of these crimes on victims and communities, the balance between accountability and rehabilitation for offenders, and the role …

Opening The Juvenile Recidivism Umbrella Sold By Residential Treatment, Jack Lutz

Master of Arts in Criminal Justice Leadership

Juveniles, especially in a residential treatment facility fall into the classification of vulnerable population. Researchers, review boards, and the facility administrator carry the burden of ensuring ethics are to the highest standard when this population is involved, so stakeholders can make accurate decisions. Cognitive-based models, which is an evidence-based practice, have been around since the 1990’s. This form of practice has gone through a process of implementation into juvenile residential facilities and has helped reduce the recidivism rate for this population. Budget proposals follow a series of steps, checks, and revisions before taking effect. Probation and Parole is an agency …

Protecting Human Rights In The Americas: The Continuous Role Of The Inter- American Commission On Human Rights, Claudio Grossman

Contributions to Books

The Inter-American Human Rights System (IAHRS) fosters structural transformations throughout the Americas. This collection of analyses builds upon the studies on Ius Constitutionale Commune en América Latina and Latin American transformative constitutionalism to map out both the ground-level human rights impact of the IAHRS and the institutional characteristics that have enabled such fundamental changes in social reality. The volume starts with essays framing the concept and context of IAHRS impact. Then it navigates thematic analyses on specific rights and types of violations that are front and center to the protection of human rights in Latin America. The concluding essays explore …

Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill

Pepperdine Law Review

In June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry “focused on original meaning and history” would replace Lemon’s endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Comment attempts to fill that void. After analyzing the Court’s Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment concludes by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy …

Reimagining The Criminal Justice Response To Sexual Assault, Jacob Swanson

Master of Arts in Criminal Justice Leadership

After a crime is reported, several different stakeholders work to take the case from a police report to a conviction. In sexual assault cases, these stakeholders may consist of police officers, medical professionals, advocates, forensic scientists, prosecutors, and others. Yet, this process cannot begin until a victim reports their crime to law enforcement. Sexual assault cases are widely underreported and for a variety of reasons. Data from the 2015-2019 National Crime Victimization Survey suggests that only about one-third of sexual assaults are reported to police, while only about 3% lead to a felony conviction (RAINN, n.d.).

The criminal justice community …

Considerations For The Implementation Of A Specialized Mental Health Probation Caseload, Ross Becker

Master of Arts in Criminal Justice Leadership

The field of community corrections has undergone a transformation. While holding probationers accountable is still the expectation, agencies have begun to embrace evidence-based interventions to guide client change instead of a more punitive approach. The creation of specialized mental health probation caseloads is a natural evolution of supervision. The purpose of a specialized mental health caseload is to create a pathway for the ethical supervision of clients experiencing serious and persistent mental illness. Administrators who are committed to compassionate service will be most impactful when they consider the many potential ethical implications for both the client and the probation practitioner …

Implementing Body Worn Cameras, Eric Fairchild

Master of Arts in Criminal Justice Leadership

Body worn cameras are small video and audio recording devices that document interactions between law enforcement officers and the community. These devices are used to help with documenting evidence, transparency, and training for law enforcement. Prior to implementing body worn cameras, law enforcement agency need to research body worn cameras, protocols, integration, and challenges that could be faced for the organization and their staff. Protocols need to set in place by administration like retrieval process, storage of data, reviewing of videos, and policy development to assist with the seamless integration of body worn cameras. Ethical considerations must be reviewed to …

Study On The Rights Of Parties In Live-In Relationships In India - A Case Review Approach, Prabhavathi N

Theses and Dissertations

Heterosexual live-in relationship is viewed as a stigma in Indian society. However, through a plethora of judgments, the Apex Court of India granted monetary relief and physical protections to couples in live-in relationships. While so a few High Courts had refused to grant protection to the live-in couples by stating that giving such rights and protection would destroy the country's social fabric.

View of such High Courts reflects on the opinion that our Courts indeed have different ideas while granting reliefs to persons in live-in relationships. Catena of judicial decisions explained this relationship as a "walk in and walked out" …

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Further Recommendations Of The International Paediatric Brain Injury Society (Ipbis) For The Post-Acute Rehabilitation Of Children With Acquired Brain Injury, Mark A Linden, Audrey Mckinlay, Carol Hawley, Catherine Aaro-Jonsson, Ingela Kristiansen, Andreas Meyer-Heim, Linda Ewing-Cobbs, Beth Wicks, Miriam H Beauchamp, Rajendra Prasad, Board Of Directors Of The Ipbis Affiliations

Faculty, Staff and Student Publications

Background: Paediatric acquired brain injury is a life-long condition which impacts on all facets of the individual's lived experience. The existing evidence base continues to expand and new fields of enquiry are established as clinicians and researchers uncover the extent of these impacts.

Primary objective: To add to recommendations described in the International Paediatric Brain Injury Society's 2016 paper on post-acute care for children with acquired brain injury and highlight new areas of enquiry.

Review of information: Recommendations were made based on the opinions of a group of experienced international clinicians and researchers who are current or past members of …

The Blueprint

Bailey School of Music Concert Programs

Program for The Blueprint 2024, presented by the Black Musicians Coalition.

February 2024 Academic Affairs Minutes, University Of Nebraska At Kearney Academic Affairs Committee

Academic Affairs Committee Minutes

No abstract provided.

Factors Associated With Reduced Depression And Suicide Risk Among Mäori High School Students In New Zealand, Terryann C. Clark

Dissertations

Mäori adolescents, indigenous to New Zealand (NZ), have among the highest rates of depression and suicide in the industrialized world. Fortunately, resilience research demonstrates that promotive factors, such as family and school connections, can markedly reduce mental health problems for vulnerable youth populations. However, to date, this research has never focused on risk and promotive mechanisms related to mental health outcomes for Mäori youth. Such knowledge is a prerequisite for addressing the persistent mental health inequities faced by Mäori young people.

Full Faith And Credit In The Post-Roe Era, Celia P. Janes

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2022, the Supreme Court overturned Roe v. Wade, once again leaving the question of whether abortion should be legal to individual state legislatures. This decision allowed the Texas law known as S.B. 8, alternatively known as the Texas Heartbeat Act, to go into effect. The law allows private individuals to sue anyone who has performed or has aided and abetted the performance or inducement of an abortion in Texas. California responded to this law with Assembly Bill 2091, which prevents California state courts from issuing subpoenas arising under S.B. 8 and similar laws in other states. This Note addresses …

Pill Mills To Fentanyl: Tackling The Opioid Epidemic, Unf Office Of Public Policy Events, Rico Bodin, Lindsey Vuolo, Susan Pitman, Katherine Hooper, J. Mitchell Miller

University Events and History Multimedia

The public was invited to attend the University of North Florida’s latest Diverse Perspectives Series event, “Pill Mills to Fentanyl: Tackling the Opioid Epidemic.”

Hosted by UNF’s Office of Public Policy Events, the free discussion was held from 5 to 6:30 p.m. on Feb. 22, 2024, in the Robinson Theatre.

Drug overdoses killed a record 112,000 Americans last year, with most of the deaths coming from synthetics opioids like fentanyl.

The following experts will weigh in on what the healthcare industry, nonprofit sector and criminal justice system can do to tackle the opioid epidemic:

• Rico Bodin (moderator), director of recovery …

High School Administrators’ Perspectives On Reducing Chronic Absenteeism Among African American Male Adolescents, Torrie Siemone Walker

Walden Dissertations and Doctoral Studies

The research problem for this study was that school administrators in an East Coast urban public school district in the United States inconsistently implemented leadership strategies to reduce the chronic absences of African American male high school students. Chronic absenteeism rates had led to decreased graduation rates and higher drug use and school dropout rates in the district. The purpose of this basic qualitative study was to explore high school administrators' perspectives on implementing situational theory strategies to address the challenges of reducing the chronic absenteeism of African American male high school students. Hersey and Blanchard’s theory of situational leadership …

Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun

Duke Law Journal

In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Records from digital evidence platforms reveal that defense attorneys sometimes fail to carry out their professional duty to review discovery.

Analyzing a novel dataset we obtained from digital evidence platforms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number of felony cases between 2018 …

Ncaa Division I Subdivisions And The Background Of Athletic Academic Advisors, Jim Watkins, Kelsey Slater, Leslie Chang

Journal of Issues in Intercollegiate Athletics

No abstract provided.

Concealed Carry Handguns At Intercollegiate Football Games: Perceptions Of Division I Power 5 Intercollegiate Athletic Event Directors, John Miller, Todd Seidler, Jeffrey Curto

Journal of Issues in Intercollegiate Athletics

No abstract provided.

Admissions Selectivity And Major Distribution In Big-Time College Football, Adam Love, Jim Watkins, Seungmo Kim

Journal of Issues in Intercollegiate Athletics

No abstract provided.

Suffolk Journal, Vol.87, No. 12, 2/21/2024, Suffolk Journal

Suffolk Journal

No abstract provided.

Fiscal Year 2023-24 Self Support Budget Review, Csusb Budget Office

University Budget Office records

No abstract provided.

Evidence-Based Leadership Practices Of Reentry Program Leaders To Reduce Recidivism Among African American Women, Mabrey Raymond Duff

Walden Dissertations and Doctoral Studies

The rate of recidivism among African American women is disproportionately higher than among European American or Latino women in a southeastern state. The problem identified was the high prevalence of recidivism among African American women despite undergoing reentry programs. The purpose of this basic qualitative study was to explore the practices of reentry program leaders in a southeastern state that reduce recidivism among formerly incarcerated African American women. Evidence-based leadership development provided a conceptual framework for assessing the results of practices in the reentry program. Current reentry program leaders in a southeastern state were asked to describe the leadership practices …

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.