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Perceived Versus Actual Hiv Risk Among Prep Indicated Persons With Criminal Legal Involvement, Taylor Krajewski, Katherine H. Lemasters, Carrie B. Oser, Lauren Brinkley-Rubinstein

Behavioral Science Faculty Publications

Individuals involved with community supervision experience multi-level obstacles impacting health outcomes. This is a high-risk period for HIV acquisition due to potential reengagement in unprotected sex and/or unsafe injection drug practices. This study aimed to assess the congruence between actual and perceived HIV risk and the degree to which individual, social, and behavioral factors impact risk perception among individuals on community supervision. While all participants were clinically indicated for PrEP, most participants (81.5%) did not consider themselves at risk for HIV (69.5%) or were not sure of their risk (12.0%). Among those with no or unsure perceived risk, 94% engaged …

Screening Incarcerated Women For Opioid Use Disorder, Michele Staton, Martha Tillson, Mary M. Levi, Matthew Webster, Carrie B. Oser, Carl Leukefeld

Behavioral Science Faculty Publications

The overall aim of the present study is to examine the utility of the DSM OUD Checklist and the NM-ASSIST screening tools to identify symptoms consistent with OUD among incarcerated women in county jails. This study contributes to the existing literature because research on screening and assessment approaches for incarcerated women has been limited. The focus of the current study is to describe the screening procedures and study recruitment for a larger parent study focused on increasing treatment linkages. Study findings indicate a positive correlation between indicators of OUD using the two screening tools, as well as a high degree …

A Social History Of Opioids’ Crimedical Cycle, Jerel M. Ezell, Alex Rains, Babatunde Patrick Ajayi, Kyle Miller, Erin Augustine, Dawn Goddard-Eckrich, Elizabeth N. Kinnard, Michelle R. Lofwall

Behavioral Science Faculty Publications

Historically, public and political discourse around people who nonmedically use opioids has largely been rendered via a deficits-oriented lens, presenting this population as weak, disinterested, and deviant,and thus undesirable and ill-positioned for wellness and communal integration. These narratives, and subsequent policies used to engage people who use opioids, are intermittently formed and disrupted by geopolitical changes, as public and institutional attitudes, often driven by racial and class-related considerations, shift. As part of what we term the crimedical cycle, a population’s behaviors fluctuate between periods of medicalization and criminalization. Strengths-based theory, an offshoot of ‘positive psychology’ that helps contextualize the crimedical …

Highspeed Pursuit Of A Claim For Negligence: Analyzing Police Liability In A Vehicular Accident Involving Bystanders, Harry Bell Iii

Missouri Law Review

Between 1994 and 2002, 3,146 people died as a result of highspeed police pursuits. Many of these decedents were pedestrians, bicyclists, or occupants of an uninvolved vehicle. In fact, statistics from the Federal Bureau of Investigation (“FBI”) indicate that bystander fatalities make up approximately 42% of total fatalities resulting from highspeed pursuits by law enforcement. Deaths related to these pursuits may be even greater than the statistics suggest due to underreporting on the matter. How is fault attributed when a highspeed police pursuit harms an innocent bystander? Can a court attribute liability to law enforcement? Are there legal remedies available …

Mandated Reporting And The Legal Educator's Duty, Cori Alonso-Yoder, Eve Rips

GW Law Faculty Publications & Other Works

As lawyers and educators, law teachers often navigate systems that have failed to account for the needs of the communities that are subject to regulation. These same systems generally fail to appreciate the hybrid role exercised by lawyers who face competing demands as educators. A key example is the tension that exists for legal educators who engage students in clinical and other forms of experiential learning where questions of abuse or maltreatment of vulnerable community members may trigger mandated reporting to government officials. These laws can place legal faculty in the fraught position of needing to reconcile statutory reporting mandates, …

Adverse Outcomes Of Co-Occurring Methamphetamine And Opioid Use Among Pregnant And Postpartum Women, Hope Tevis

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Background

Overdose mortality rates increased significantly between 2018 and 2021 in the United States (NIH, 2023). Moreover, pregnant and postpartum women (PPW), who were aged 35 to 44 were observed to have the highest overdose mortality rates (NIH, 2023). Although there is existing research that examines the increase of co-occurring opioid and methamphetamine use, it still remains understudied when specifically focusing on PPW. This analysis intends to explore this gap in research by 1) exploring the history of co-occurring methamphetamine and opioid use among PPW who were seeking residential treatment, 2) highlighting the adverse health outcomes that follow co-use among …

Healthcare Providers’ Willingness To Prescribe Buprenorphine To Adolescents And Young Adults With Opioid Use Disorder, Nicole M. Fusco

PCOM Psychology Dissertations

The opioid epidemic is a public health crisis, with opioid use frequently beginning during adolescence and young adulthood. Opioid-related overdoses have continued to increase among adolescents and young adults. Despite the efficacy of medications for opioid use disorder (MOUD) in treating opioid use disorder (OUD), they remain underutilized. A critical step to addressing this issue is identifying the barriers that prevent physicians, nurse practitioners, and physician assistants from prescribing MOUD. This study investigates healthcare providers' willingness to prescribe buprenorphine to adolescents and young adults with OUD. Participants included physicians, nurse practitioners, and physician assistants who currently treat adolescents and young …

What Does It Mean To Be An Ethical Lawyer?: The Importance Of Context, Leslie C. Levin

Faculty Articles and Papers

Although the entire legal profession shares a single ethical code, lawyers’ understanding of what it means to be “ethical” shows considerable variation. This article discusses the factors that shape lawyers’ ethical conduct in practice. We review the role of legal education, bar associations, the workplace, and hard and soft regulators in the construction of lawyers’ ethical values. We then explore the important role that practice contexts play in shaping lawyers’ understanding of appropriate ethical conduct. Some of the key explanatory factors for differences among lawyers include type of client, office size, specialty and specialization, regulators, and the extent to which …

Physical Fitness And The Police: The Case For Unisex Testing, Peter Siegelman

Faculty Articles and Papers

No abstract provided.

Ai Malpractice, Bryan H. Choi

Publications

No abstract provided.

The Rise Of Isis: A Growing Threat To The World, Grace Ralstin

Pepperdine Policy Review

ISIS has inflicted terror onto civilians in several ways, through ransoms, kidnapping, beheadings, mass shootings, and bombings. These acts of terror are funded through the internet. They use this tool as a mechanism to spread online propaganda and radicalize people, in addition to terrorizing civilians with cyberterrorism to collect money. This analysis also compares ISIS to other terrorist organizations, specifically in their online propaganda tactics and funding. Further, it will posit policy recommendations that are aimed at helping policymakers combat online terrorist activity. The goal should be making cyberspace safer for the public and increasing challenges for terrorists to conduct …

Mentoring Latinas On Doctoral Journeys: Testimonios Of Cultural And Gender Identity, Jacqueline Rangel

CGU Theses & Dissertations

In the United States, Latinas are underrepresented in obtaining PhDs that lead to high level professional careers and academia. This may be due, in part, to patriarchal academic institutions and approaches that have historically devalued the cultural experiences and identities of marginalized populations, including Latinas in higher education. However, research suggests that mentorship can support Latinas in successfully obtaining PhDs and disrupt institutional norms and practices. Framed by LatCrit, Mestiza Consciousness, and Mujerista Mentoring, this study sheds light on the experiences of twenty-four Latinas who earned PhDs-with or without mentors during their doctoral journeys. As such, the purpose of this …

Saving The World One Scrap At A Time: Identity Labeling As As Tool To Reduce Household Food Waste, Jamiela Bryant

CGU Theses & Dissertations

Food waste is a significant driver of climate change, and it threatens human and planetary health. In fact, the average American household discards between 30% - 40% of their edible food each week. Reducing food waste could divert material from landfills, where it contributes to greenhouse gas emissions. Decreasing food waste would also mean that more of the planet’s resources could contribute to feeding the population. Social psychological research demonstrates the importance of values and identity in understanding and promoting proenvironmental behaviors, such as household food use and disposal. In this dissertation, I review the social psychological literature, focusing on …

A Cultural Shift: Restorative Justice Relation On School Discipline And Educator Perception And Practices With Middle School Students, Hector Macias

CGU Theses & Dissertations

As restorative justice practices (RJP) in educational environments remain relatively novel, there has been limited research on its long-term effectiveness. In districts that allocated substantial resources to RJP, reports from personnel suggest a direct correlation between RJP implementation and a decrease in suspensions, diminished truancy rates, and an overall improvement in school climates. Nevertheless, further investigation is essential, particularly at the middle school level, to explore the link between RJP and institutionalized, non-punitive, relationship-centered approaches. This research extended the knowledge base of disciplinary practices, delving into the educators’ perceptions of RJP on fostering a school-wide restorative ideology.

Employing a convergent …

The Unequal Distribution Of Social Risk For Black Men Across The Life-Span. A Novel Framework., Waleed Y. Sami

Adultspan Journal

This conceptual overview offers a comprehensive overview of systemic pathways that negatively impact the mental health of Black Men throughout their lives. Our argument highlights the importance for counselors and mental health professionals to utilize a thorough social risk assessment that considers these pathways in order to effectively address the mental health needs of Black Men while fostering positive working relationships. This overview strongly advocates for the use of context and structural determinants when evaluating mental health symptoms. Without an appropriate understanding of social risk and determinants, counselors may inadvertently perpetuate disparities by decontextualizing symptomology, and reproducing racist discourse.

The Right To Know: Putting Public Health And Safety Above Trade Secret Protections, Maranda L. Johnston

Emory Law Journal

Trade secret protection is granted by the government to provide entities with an actionable right against the theft and misuse of their secrets. The government provides this protection to compensate for wrongful acts of competitors. However, the lack of checks on trade secret protections has instead provided a pathway for private entities to hide harmful information from the public.

From water usage in a drought area to using toxic chemicals for fracking, there are countless examples of trade secret abuses. While not every use of trade secret protection is malicious, awarding unchecked trade secret protection can still have grave consequences. …

A Major Question For The Sec: Analyzing Constitutional Limits On Regulatory Authority, Matthew Diller, Meredith Berger, Samuel W. Buell, John M. Golden, Suzanne Ashley, Coy Garrison, Aaron Saiger, Suman Naishadham, Mary Jo White

Fordham Journal of Corporate & Financial Law

No abstract provided.

A Latent Class Analysis Of Personality Traits In Adults Experiencing Homelessness, Nathaniel A. Dell, Michael Mancini, Michael Vaughn, Brandy R. Maynard, Jin Huang

Psychiatry Faculty Publications

No abstract provided.

Awards And Prizes, University Of Notre Dame

Commencement Programs

The University's listing of Awards and Prizes for 2024, including the full descriptions of each award, could not be printed and included in the Commencement Program for 2024. [It was later included in the Official Program posted by the University Archives.]

A Critical Assessment Of The First Step Act's Recidivism-Reduction Measures, Raquel Wilson

Law Faculty Scholarly Articles

The First Step Act of 2018 (“FSA”) is the most impactful federal sentencing reform of the past 40 years. While the Act represents a partial resurgence of the rehabilitative model of imprisonment, which had fallen out of favor decades before, it also represents a missed opportunity to fully integrate evidence-based rehabilitation programs for those offenders who pose the greatest risks to public safety.

The public has a strong interest in reducing recidivism, particularly among violent offenders, most of whom will be released from federal prison eventually. The FSA incentivizes participation in evidence-based, recidivism-reducing programs offered by the Bureau of Prisons …

Media + Vigilante Violence: The Formula For American Atrocity, Tiffany D. Atkins

Law Faculty Scholarly Articles

This Article provides an overview of the international and domestic responses to media-fueled violence and demonstrates how both legal systems have failed to provide meaningful protections for Black Americans from vigilante violence and atrocity. Part I explores the history of media as a propaganda tool against underrepresented groups, detailing how it has promoted atrocity domestically and internationally. There are parallels between the historical and contemporary use of media as a method to fuel atrocity against minority groups; illustrating these examples indicates the continued risk of violence and atrocity faced by Black Americans due to these models of persuasive communication. Part …

Legalization, Medical Exemptions, And Decriminalization Of Marijuana Laws. An Exploratory Study Of Campus Police Officers’ Perceptions And Policing Practices In Response To New Marijuana Laws, Eric Kulberg

Doctoral Dissertations

This dissertation is an exploratory study of how campus police officers perceive and respond to the changes in marijuana laws. It focuses on campus police departments in states that have passed marijuana laws that fit into one of three categories of laws: – the legalization of marijuana, a medical exception to the use of marijuana, and the decriminalization of marijuana for possession of small amounts. Because of its exploratory nature, this research focuses on campus police departments at each state’s flagship institutions that have passed legislation that fits into one of the three categories of laws. Lipsky’s theory of street-level …

An Exploration Of The Depictions Of Queerness In Yuri!!! On Ice, Kenneth Broughton

Honors Theses

This thesis examines the show Yuri!!! On Ice, specifically its portrayal of gay men. It 1) explores the themes present in the work, with a focus on the depiction of queerness as a transformative force, 2) examines the audience’s opinion of the work via content analysis, and 3) discusses the representation of queer people within the work. The representation of gay men in the show is discussed within the larger framework of Western media, and I also provide context from histories of queer representation in both America and Japan, review common trope usage (both within the story and in Western …

Extending The Prediction Of Fear Of Crime, Doreen Boateng

Theses

This study aims to expand what we know about fear of crime to reveal the different levels of fear among genders. Although there exists extensive research on the subject matter, the current work examines how different each gender perceives crime given the predictors as vulnerability, disorder and social integration. This study therefore addresses these gaps by assessing gender differences in crime fear and how these models separately influence each gender. To do that, crosstabulations and logistic regression analysis was used in analyzing the relationship between gender, perceptions of neighborhood disorder (street graffiti/litter), social integration (family ties), to determine the relationship …

What If Criminal Lawmaking Becomes Trustworthy?, Zachary S. Price

Journal of Criminal Law and Criminology

One common theoretical perspective posits that courts should assume a counter-majoritarian role in criminal law because the political process systematically disfavors the interests of criminal suspects and defendants. Recent shifts in the politics of crime complicate this perspective’ s assumptions, raising the paradoxical possibility that welcome improvements in the politics of crime will weaken the theoretical case for counter- majoritarian judicial decisions. This Article tentatively considers whether, if at all, courts’ interpretive approach should change in response to any continuing moderation of historic “tough on crime” politics. It suggests that while arguments for narrow construction of criminal statutes will remain …

Extraterritorial State Criminal Law, Post-Dobbs, Darryl K. Brown

Journal of Criminal Law and Criminology

Like the federal government, states can apply their laws to people beyond their borders. Statutes can reach out-of-state conduct, such as fraud, that has effects within the state, and in some circumstances, states can prosecute their own citizens for out-of-state conduct. Many applications of extraterritorial jurisdiction are well established and uncontroversial; state common law and the Model Penal Code provide for such authority. The practice draws little attention when states’ criminal laws are broadly similar and treat the same activities as crimes. In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, however, state laws …

Rethinking The Balance Of Interests In Non-Exculpatory Defenses, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Journal of Criminal Law and Criminology

Most criminal law defenses serve the criminal law’s goal of shielding blameless defendants from liability. Justification defenses, such as self- defense and law enforcement authority, exculpate on the ground that the defendant’s conduct, on balance, does not violate a societal norm. Excuse defenses, such as insanity and duress, exculpate on the ground that, while the defendant may well have violated a societal norm, it was done blamelessly. That is, it is the excusing conditions, not the defendant, that is to blame. In contrast, a third group of general defenses, which have been called “non-exculpatory defenses,” bar liability in instances where …

Past, Prologue, And Constitutional Limits On Criminal Penalties, Maria Hawilo, Laura Nirider

Journal of Criminal Law and Criminology

Most criminal prosecutions occur at a level that is both neglected by many legal scholars and central to the lives of most people entangled in the criminal legal system: the level of the state. State v. Citizen prosecutions, which encompass most crimes ranging from robbery to homicide, are governed both by the federal constitution and by the constitution of the prosecuting state.

This is no less true for sentences than for prosecutions. When it comes to sentences, state courts are bound by the Eighth Amendment to the United States Constitution, which famously proclaims that no American shall be subjected to …

Does A Lawyer Make A Difference? A Study On The Sentencing Of Death-Eligible Drug Offenders In China, Michelle Miao

Journal of Criminal Law and Criminology

Does legal representation affect critical judicial decisions? This Article highlights a paradox at the heart of the court sentencing processes used for death-eligible drug offenders in China. On the one hand, lawyers are regarded as a staple of due process. On the other, court decisions are insensitive to the availability (whether drug offenders have access to legal assistance) and the quality (the varieties and the conditions of legal services provided by private versus court-appointed attorneys) of legal representation. I argue that this perplexing contradiction derives from the institutional alienation of criminal lawyers in China, a theory containing three main dimensions: …

Abolition Of What?, Christopher Lewis, Adaner Usmani

Journal of Criminal Law and Criminology

This Article defends a structural theory of the brutality of the carceral state. We argue that American penal systems are destined to be inhumane, barring sweeping changes to the social and economic order of the United States; and that prison and police abolition are neither sufficient nor necessary to bring these kinds of changes about.

This theory stands on two premises. First, we defend The Principle of Less Eligibility, which holds that it is politically infeasible for capitalist democracies to permit the incentives to defy the law to exceed those to obey it. As we show, the Principle of Less …