Digital Commons Network^™

Dual Coalitions Or Dueling Coalitions?: A Comparison Of Single-Issue And Dual-Issue Statewide Domestic Violence And Sexual Assault Coalitions In The U.S., Shannon Sokolowski

Graduate Thesis and Dissertation post-2024

Domestic violence (DV) and sexual assault (SA) are critical social issues requiring a large scale national response. In the U.S., federally designated statewide DV and SA coalitions are nonprofit organizations that play a critical role at the national, state, and local levels. Once individual social movements, DV and SA advocacy coalitions have merged at higher rates in recent decades. Efforts to achieve economic sustainability may drive the decision to merge or reform. However, nonprofit organizations have a double bottom line, needing to consider financial and mission-related performance. With economic uncertainly rising, it is critical to understand the impact that forming …

Does Learning About Social Policy In A Global Context Change Students’ Views On U.S. Social Policies?, Dirk De Jong, Dennis Kao

The Journal of Sociology & Social Welfare

This article reviews the development and implementation of a course titled “Social Policy Without Borders” and an evaluation of students’ attitudes toward social policies as a result of having taken the course. “Social Policy Without Borders” is an undergraduate social work elective and involves a cross-national analysis of social policies and an examination of the impact of neoliberalism on social policies and social welfare systems globally. This paper reports on an evaluation of outcome in terms of possible changes in students’ views on social policies in the United States as a result of learning about their global context. The evaluation …

Knockoff Narcotics: The U.S. Sentencing Guidelines And Unjust Elevated Sentences, Emma-Lee Rivet

Western New England Law Review

In the complicated and technical world of federal drug policy, courts are presented with an ambiguity that requires the court to decide: should a technical definition from other legislation in the area be applied, or should it instead be the dictionary definition supplied by Merriam-Webster? The Tenth Circuit, in United States v. Thomas, was faced with this exact dilemma. However, the real-world context of the issue involved a real criminal defendant who received a sentence enhancement because he sold rocks and sand, which he passed off as heroin. The majority, relying on a number of other circuit court cases, adopted …

The Mandatory Victims Restitution Act: The Court’S Authority To Redirect Disclaimed Payments, Kaeli M. Whalley

Western New England Law Review

Consider a situation where a defendant has committed a crime that in some way harmed a victim. The court then decided to enter a judgment ordering the defendant to pay restitution to the victim as part of their criminal sentence. Typically, the victim participates in the restitution order and receives the funds they are owed. But what happens in those rare circumstances where the victim does not want to accept these payments? Where do those unclaimed funds go?

These situations are governed by the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. §§ 3663A–3664. The MVRA requires restitution and …

Simulated Legal Exercises: Developing Real World Experiences In The Business Law Classroom, Andrew W. Swain

Western New England Law Review

Post-secondary academics commonly subscribe to the belief that, because new college- or graduate-level instructors were once students, they intuitively know how to conduct lectures, plan and direct classroom and homework activities, engage students in problem-based classes and simulations, and so forth. This is only partially true at best. The lack of pedagogical training and knowledge is a problem faced by many new full-time academics who begin teaching either immediately after finishing their own post-secondary education or, like myself, later in life, as a second career. The crux of this Article is my realizing my need for pedagogical knowledge for teaching …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

Graduate Theses/Dissertations

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …

I Just Don't Want To Hear It: A Look Into The Relationship Between The Dark Triad And Negative Criticism, Carson Montgomery Hewitt

Graduate Theses/Dissertations

Three dark personality traits have been identified and grouped together to form what is known as the Dark Triad of personality. Narcissism, Machiavellianism, and Psychopathy are all connected by a lack of emotional empathy, and the presence of interpersonal hostility. When presented with negative stimuli, it is far from surprising to see an adverse reaction appear in participants scoring high in these traits. Little research has been conducted regarding the relationship between physiological response and dark triad personality traits. Even fewer so in the case of responses to criticism. This study aimed to examine the relationship between these dark personality …

Impulsive Behavior In The Context Of A Substance Use Treatment Seeking Sample: A Conditional Process Analysis Of Childhood Maltreatment, Experiential Avoidance, And Cognitive Fusion, Emily Kalantar

Dissertations and Theses

Substance misuse is associated with high impulsive behavior and may represent one behavioral manifestation of impulsive behavior. One predictor of substance misuse is childhood maltreatment, which is, in turn, associated with difficulty regulating unwanted emotion. Accordingly, impulsive behavior is high among individuals exposed to maltreatment and likely functions as one behavioral strategy for coping with unwanted internal experiences. Consequently, identification of behavioral processes that may account for the childhood maltreatment and impulsive behavior relation in substance misusers appears warranted. One process-based behavioral model that may be useful in this endeavor is psychological flexibility, which includes the inflexible processes of experiential …

Liberty On Hold: The Constitutional Test And Source For Overdetention Claims, Sarya Baladi

Fordham Law Review

The persistence of overdetention—meaning continued detention after officers knew or should have known that the arrested person was entitled to release—poses major concerns about both the fundamental right against arbitrary detention and other unenumerated constitutional rights. The U.S. Supreme Court’s 1979 decision in Baker v. McCollan established a vague constitutional protection against overdetention, but it left lower courts to answer many open questions about its parameters.

Although courts agree that the Constitution prohibits law enforcement from arbitrarily detaining indefinitely an arrested person who protests their legitimate release, the application of this protection has been inconsistent across federal courts of appeals. …

The Relationship Between Familiarity And Stigma Associated With Schizophrenia, Bipolar Disorder, And Autism In Ireland: A Pilot Study, April Hargreaves, Gerard Loughnane, Gabriela Grasso, David Mothersill

Irish Journal of Applied Social Studies

The relationship between familiarity with mental health conditions and mental health stigma is complex, with mixed findings reported in the literature and little research conducted in Ireland to date. This pilot study examined knowledge, attitudes, and behaviours towards schizophrenia, bipolar disorder, and autism in Ireland, between individuals personally familiar with these conditions (by having a diagnosis themselves, or a loved one having a diagnosis) and individuals unfamiliar with these conditions. The study used a correlational, cross-sectional design, recruiting 307 adults in Ireland to complete a survey examining knowledge, attitudes, and behaviours towards schizophrenia, bipolar disorder, and autism. To examine the …

Killing Stays, Madalyn K. Wasilczuk

Faculty Publications

For decades, the Supreme Court has been suspicious of litigation under warrant in capital cases. The Court has described last-minute litigation as manipulative and dilatory, a result of gamesmanship by people on death row and their lawyers. With the confirmation of Justice Brett Kavanaugh in 2018, the Court began to extinguish the opportunity to assert death row detainees’ rights against unlawful death sentences and executions, reaching a crescendo of stay vacaturs and denials during the Trump executions. Despite this sea change in capital stay jurisprudence and practice, few scholars have focused on the capital stay as a vital component of …

2024 Student Life Achievement Award Winners

Student Life Achievement Award Winners

No abstract provided.

What Are We Waiting For? A Collection Of Poems And Essays About Family, Love, Loss, Time, And Hope, Right/Write To Heal, Skye Adams, D W, N L, D G, Jillian Foley, Madison Burke, Erica King, Becky Wurwarg

Justice Policy

This anthology is a collaboration with the Opportunity Scholars project and the Right/Write to Heal Initiative. The collection tells the stories of women and their families who have been impacted by incarceration in Maine and New York, the pathways that brought them to justice system involvement, and what inspires them to remain hopeful. These stories of family, love, loss, time, and hope were written by residents at the Southern Maine Women’s Reentry Center and the Women’s Center at the Maine Correctional Center, and partners from New York who participated in a weekly creative writing project together. The authors and editors …

Between “You” And “Me”: Effects Of Pronouns And Order On Disclosing Sexual Assault, Virginia Clinton-Lisell, Raeann E. Anderson

Education, Health & Behavior Studies Faculty Publications

The wording of self-report instruments likely affects its responses; however, there has been very little inquiry into the topic. The purpose of this study was to examine how items in a sexual assault experiences questionnaire varied based on pronouns (first person or second person) and order (sexual-behavior or coercive-tactic first) affected responses. College students (N = 979) were randomly assigned in a 2 by 2 between-subjects experiment to experimental versions of the Sexual Experiences Survey (SES). The findings indicated that the condition with second-person pronouns and coercive-tactic first phrasing had the highest rate of disclosure. Based on reading time …

Crawford At 20: An Introduction To The Symposium, Richard D. Friedman

University of Michigan Journal of Law Reform

The twentieth anniversary of Crawford v. Washington provides an ideal opportunity to reflect on the right of a criminal defendant to be confronted with the witnesses against him – on its origins and recent developments, current issues that it presents, paths that it may take, and other changes that it may generate. I am grateful to the Journal of Law Reform for organizing this symposium and to all the participants for having made it a success. In Section 1 of this introductory essay, I offer some comments on the origins, scope, and purpose of the confrontation right. Section 2 discusses …

Crawford's Revolutions, Edward K. Cheng, Monica A. Miecznikowski

University of Michigan Journal of Law Reform

Crawford v. Washington, the starting point for the Supreme Court’s modern Confrontation Clause jurisprudence, has long been described as a “revolution.” At the time of the Crawford decision, it was perfectly natural for commentators to view it as revolutionary: The case upended the existing doctrinal framework under Ohio v. Roberts, which grounded Confrontation in hearsay doctrine. In its place, the Supreme Court placed Confrontation doctrine on originalist underpinnings, requiring that any “testimonial” statement be subject to cross-examination. The resulting uncertainty was destabilizing, and in the intervening years, courts, practitioners, and commentators alike have struggled to predict and interpret …

What Goes Up But Never Comes Down? Juvenile Punitive Practice Within The United States, Ariana D'Agostino

California Western International Law Journal

No abstract provided.

The Digital "To Kill A Mockingbird": Artificial Intelligence Biases In Courts, Vera Lúcia Raposo

California Western International Law Journal

No abstract provided.

Harmonizing Divergent Purposes Of Punishment In Jewish Criminal Law: Integrating Contemporary Religious, Criminological, And Legal Perspectives, Jonathan Hasson, Abraham Tennenbaum

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

2023-2024 Annual Student Assessment Report, Southwestern Oklahoma State University

Assessment Center Reports

Annual Student Assessment Report produced by the SWOSU Assessment Center.

Review Of The Movement For Black Lives: Philosophical Perspectives, Daniel Fryer

Reviews

Philosophy gets a bad rap when it comes to its engagement with the world’s most pressing social problems. Recall that famous epigrammatic final note from Karl Marx’s Theses on Feuerbach: “The philosophers have only interpreted the world, in various ways; the point, however, is to change it.” It may be tempting to take this line as a call to substitute studious reasoning for an “act first, think later” strategy. But that doesn’t seem to be Marx’s intention. Rather than being a call for “blind activism” that rejects “rational dialogue, discourse, or discussion,” Marx is better read as challenging philosophy to …

Rethinking Crime And Punishment: Women Who Kill Their Abusers In South Africa, Rebecca Gore

Michigan Journal of Gender & Law

The battered women’s movement in the United States was galvanized in the 1970s and ushered in a paradigm shift in how we understand domestic violence. For women who kill their abusers, the movement attempted to incorporate their lived experiences of domestic violence into legal doctrine. Decades later, the battered women’s movement has generated criticisms such as stereotyping women, failing to take an intersectional lens, and over-reliance on the carceral system. These lessons from feminists in the United States present cautionary tales for other contexts, especially for unequal societies impacted by domestic violence, crime, and mass incarceration. Prompted by personal experiences …

Senior Day 2024, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 6, 2024 University of Michigan Law School Senior Day.

Advisory Board

The Graduate Review

No abstract provided.

Applying Economic Principles In Criminal Justice, John Weeks

Student Research Design & Innovation Symposium

Legalistic and sociological perspectives are two of the views used in criminal justice policy evaluation. This project seeks to address crime differently, through an economic lens. The economic principle of scarcity and marginal analysis will be key factors in this research to showcase how the desires of society are unsustainable with our finite resources, thus leading to criminal behavior. The focus of this project identifies crime as an economic factor of society, impacting financial stability and markets. Finding sustainable economic measures to address crime is a key feature in our fight for a more peaceful society.

Hist 320-002: Law And Evidence, Nicole Casciola

History Syllabi

No abstract provided.

The Weaponization Of Title 42 At The U.S.-Mexico Border: An Anthropological Research Paper, Elizabeth Hartt

Spectrum

No abstract provided.

How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar’S Sentencing, Paul G. Cassell, Edna Erez

Marquette Law Review

Whether crime victims should present victim impact statements (VISs) at sentencing remains a subject of controversy in criminal justice literature. But relatively little is known about the content of VISs and how victims use them. This Article provides a content analysis of the 168 VISs presented in a Michigan court sentencing of Larry Nassar, who pleaded guilty to decades of sexual abuse of young athletes while he was treating them for various sports injuries. Nassar committed similar crimes against each of his victims, allowing a robust research approach to answer questions about the content, motivations for, and benefits of submitting …

Roots Of The Living Tree: The Growth Of Constitutional Interpretation In Canada, The Honourable Suzanne CôTé

Marquette Law Review

None.

An Impossible Burden: A Comment Supporting Revision Of Wisconsin’S Parenthood As A Result Of Sexual Assault Statute, Gabriella Humblet

Marquette Law Review

The Wisconsin statute that regulates termination of parental rights (TPR) as a result of sexual assault is untenable and in need of revision. The current statute is far too stringent to be practically implemented, which is especially true in involuntary TPR proceedings.

This Comment seeks to explain why Wisconsin’s current statute for TPR as a result of sexual assault is flawed. First, this Comment gives background by detailing rape statistics in the United States to explain why the possibility for TPR exists when a conception results from a sexual assault. Second, Wisconsin adopts a position that is at odds with …