Digital Commons Network^™

Pathways To Disclosure And Treatment Among Individuals With An Attraction To Minors, Theodore Jackson

Electronic Theses & Dissertations (2024 - present)

Child sexual abuse prevention is a significant social concern in the United States and internationally. While there have been some successful efforts to reduce recidivism risk among individuals who have committed sexual offenses, we fall short when preventing first time offenses. Therefore, looking at ways to provide treatment to those who are more at-risk for a first offense seems like a potential solution to this problem. One such relevant risk-factor is attraction to minors. This study is a qualitative examination using Interpretive Phenomenological Analysis of how people who are attracted to minors make the decision to disclose their attraction, seek …

Macroeconomics, State Action, Civic Trust, And Homicide: The Causes And Consequences Of Interpersonal Violence In Latin America, Guillermo Escano

Electronic Theses & Dissertations (2024 - present)

Latin America and the Caribbean (LAC) represent 8 percent of the global population but about one-third of global homicides, yet interpersonal violence in the region receives limited attention in the English-language literature. This dissertation contains three distinct studies of the causes and consequences of crime and violence in LAC. The first study examines the predictive effects of inflation on robbery, burglary, and homicide rates in Argentina, which possesses one of the highest robbery rates worldwide and has endured high inflation – and, at times, hyperinflation – for years. I obtained annual crime data for 1973-2022 from the National Criminal Information …

From A Child's Perspective: A Qualitative Study Of Elementary School Student Engagement, Deanna J. Springstead-Gonzalez

Electronic Theses & Dissertations (2024 - present)

Abstract

Background and Purpose. This study sought to investigate child engagement from the children's perspective, aiming to understand better what they perceive as factors that facilitate or constrain their academic engagement in classrooms. By centering children's voices, this research challenges traditional views of students as passive recipients of education, instead recognizing them as active participants with valuable insights into their learning experiences. This work builds on the frameworks proposed by Shirley and Hargreaves (2021) and Lawson and Lawson (2013) that utilize socio-ecological theory to better understand those factors impacting children’s learning experiences.

Method. The study was conducted at an elementary …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

All Faculty Publications

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

The Art Belongs To The Artists, Deborah M. Weissman, Louis A. Pérez

Faculty Publications

This Article examines the rights of detainees interned at the Guantánamo Bay Naval Station to claim ownership of cultural work produced during their imprisonment. Through a series of arbitrary policies, the U.S. government alternately punished detainees for creating works of art, confiscated paintings and drawings, and otherwise denied detainees’ rights to control their creative works. This Article suggests the need to understand these policies as acts akin to plunder—that is, as a practice long associated with colonialism as a means through which the artifacts of the material culture of conquered peoples were expropriated and claimed as “trophies” of conquest. It …

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

Faculty Publications

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

The Right To A Jury And The Rise Of Guilty Pleas Across Common Law Countries, Carissa Byrne Hessick

Faculty Publications

Juries have long been considered a key common law institution, yet their use has become quite uncommon in common law systems over time. Rather than trials by juries, most criminal cases are instead resolved by way of guilty pleas. The prevalence of guilty pleas is not merely a matter of defendants’ independent choices to accept responsibility and give up the right to a trial. Common law countries have adopted various legal structures over the past half century that incentivize guilty pleas and discourage trials.

This Essay will document the decline of jury trials and the rise of guilty pleas in …

Equality And Justice: An Essay In Memory Of Dan Markel, Carissa Byrne Hessick

Faculty Publications

One of the traits that I admired most about Dan Markel was that he held legal scholarship to a very high standard. Whether it was his own work or the work of others, he believed that our work could only improve if we insisted on giving each other critical feedback.

It has been a decade since Dan’s tragic death. And while a Festschrift is ordinarily seen as an opportunity to praise the work of one’s colleagues, I want to celebrate Dan Markel in the way that I imagine he would respect most—by providing critical feedback about his work. In particular, …

Sealed Justice: Federal Courts' Inconsistent Record-Sealing Rules And Their Impact On Judicial Transparency, David S. Ardia

Faculty Publications

Public access to court records is a cornerstone of democratic governance, enabling public oversight of the judiciary and fostering confidence in the rule of law. Despite a strong presumption in favor of openness under both the First Amendment and common law, the sealing of federal court records has become widespread, often with minimal judicial scrutiny. Re-cent investigations have revealed that excessive court secrecy shields government and corporate misconduct, conceals vital public-safety information, and erodes public confidence in the courts.

This Article presents the first comprehensive analysis of the local rules governing sealing in all 94 federal districts, reviewing more than …

“This Is Everyone's Issue”: Policy Entrepreneurs, Issue Framing, And Coalition Building In The Passage Of Automatic Criminal Record Expungement, Elsa Y. Chen, Sarah E. Lageson, Ericka B. Adams

Faculty Research, Scholarly, and Creative Activity

Research Summary: Since 2018, at least 12 U.S. states have introduced policies to expunge certain eligible arrest and criminal conviction records through automated or algorithmic means. Drawing on interviews with governmental representatives and community stakeholders, this paper identifies strategies used to pass this legislation in Pennsylvania and Utah, the first two states to enact automated expungement policies. We frame our findings around three established theoretical frameworks of public policy making—policy entrepreneurship, issue framing, and coalition building—illustrating their combined strategic importance with data gathered from those involved on the ground in the passage and adoption of automated expungement legislation. The findings …

Restorative Justice In Early Childhood Education: A Professional Development Model And Observational Study Of Classroom Implementation, Sarah Cummins

Theses and Dissertations--Education Sciences

This three-article dissertation explores the use of restorative justice (RJ) in educational settings, with a specific focus on early childhood programs. Restorative justice is a conflict resolution approach that prioritizes repairing harm, restoring trust, and empowering individuals to self-advocate rather than relying solely on punitive measures. While research has demonstrated the success of RJ in middle and high schools, and to some extent in elementary schools, limited attention has been given to its application in early childhood education. This dissertation examines the potential benefits of RJ in early childhood classrooms, including fostering social-emotional learning, student-led conflict resolution, and a positive …

Implementation Of Project-Based Instruction In Statistics Higher Education Courses, Jennifer A. Daddysman

Theses and Dissertations--Education Sciences

Project-based instruction is an instructional methodology based in constructivism that aligns with recommendations from the American Statistical Association for teaching statistics, including incorporating real-world data and examples, collaboration, and scaffolding (GAISE College Report ASA Revision Committee, 2016; GAISE Steering Committee, 2024; Krajcik & Blumenfeld, 2005; Tishkovskaya & Lancaster, 2012). This study examined current use of project-based instruction in United States higher education courses in statistics and the supports for and challenges to implementing this type of instruction.

This study used qualitative research methodology in the integrative pedagogy and diffusion of innovation frameworks. Voluntary response surveys were distributed via two sections …

Social Control And Inclusive Freedom: An Embedded Single Case Study Of Campus Expression At A Southern Public University, Christopher J. Ciarcia

Theses and Dissertations--Educational Policy Studies and Evaluation

This study examines how staff at a Southern public university experienced and interpreted their participation in the institution’s Open Expression Support Team (OEST), a campus initiative designed to maintain an educational environment where students feel free to engage in freedom of speech and expression without fear of intimidation or coercion. Using an embedded single-case study design, the research draws on interviews, documents, and observations to explore the OEST’s role in supporting inclusive freedom (Ben-Porath, 2017), which emphasizes the balance of free expression and inclusion in higher education.

Findings reveal that the OEST functions as a mechanism of social control, employing …

“Hard To Rememeber, Then Hard To Forget:” A Qualitative Exploration Into The Attitudes And Lived Experiences Of Black People With Black Names, Destin L. Mizelle

Theses and Dissertations--Educational, School, and Counseling Psychology

Naming practices within the Black American community are vibrant and deeply rooted in cultural traditions and shared values. Much like other ethnic groups, these names tell stories, reflect heritage, and connect individuals to their community, making each choice meaningful and significant. However, due to the systemic effects of anti-Blackness, Black Americans often have a complex relationship with their names. While previous research has primarily utilized quantitative methodologies focusing on the negative associations and consequences of having a Black name, this study aims to amplify the voices of Black people who possess Black names. Using reflexive thematic analysis, this qualitative study …

The Torch: 2024-2025 In Review, College Of Arts & Sciences Honors Program

Torch Newsletter

No abstract provided.

Working With Similarities And Differences: Relational Processes In Transdisciplinary Qualitative Research With Diverse Teams, Michael S. Dao, Soma De Bourbon, Melissa Mcclure Fuller, Miranda Worthen

Faculty Research, Scholarly, and Creative Activity

Transdisciplinary research and research teams are becoming increasingly valued in academic spaces. The potential of transdisciplinary research is that the diversity of thought and experience can create robust research processes from project inception, methodological protocol, data collection, data analysis and reporting output. Yet, transdisciplinary research teams can also bring about complications pertaining to conflicting epistemological perspectives, areas of expertise, and objectives for applied impact. In noting the benefits and downsides of transdisciplinary research, this article aims to detail how a transdisciplinary research team navigated a qualitative and participatory longitudinal research project. Drawing from a larger community-based participatory research project, the …

Discharging Government Debt, Nicole Langston

Vanderbilt Law Review

The bankruptcy system tries to strike a balance between a fresh economic start through debt forgiveness, or discharge, and the need to repay creditors. When the debt is owed to the government, however, the scale seemingly tips toward repayment because of the government’s role in providing essential services to society. But there are certain debts owed to the government that can be forgiven in bankruptcy and some that cannot. The consumer bankruptcy system does not forgive government-owed child support debt, penal debt, and student loan debt, which are disproportionally carried by poor women and racial minorities, but the system does …

Unpunishment Purposes, Meredith B. Esser

Scholarly Works

Sentencing scholarship often begins by exploring the traditional purposes of punishment: deterrence, retribution, incapacitation, and rehabilitation. However, little scholarship exists addressing how these four punishment purposes apply in the post sentencing or second-look contexts. Further, abstract theories of sentencing can often seem sterile and disconnected from the realities of how violent, disproportionate, and dehumanizing the actual experience of incarceration is for many people, and tend to downplay the impact of incarceration on the families and communities of those who are incarcerated. This Article attempts to reconceptualize the traditional purposes of punishment to meet the current historical moment, and it does …

Criminal Procedure Without Consent, Kate Weisburd

Faculty Scholarship

Scholars and advocates have long argued that a person’s consent to a warrantless police search is often so inherently coerced, uninformed, and shaped by race, class, gender, citizenship status, and disability that to call it a “choice” is fiction. This critique is not limited to police searches based on consent. Waiving rights and consenting to otherwise unconstitutional state action permeates criminal procedure. The definition of a seizure, the third-party doctrine, custodial confessions, plea bargains, and agreements to alternatives to incarceration (such as GPS ankle monitoring) all hinge on the idea of voluntary choices—choices that are often just as coerced and …

Secretive Sheriffs: Opacity And Variation In California's Jail Responses To Covid-19, Hadar Aviram, Aparna Komarla

Faculty Scholarship

Agnotology is the study of culturally induced ignorance or doubt, particularly the publication of inaccurate or misleading scientific data. In this Article, we draw attention to a disturbing site of agnotology: healthcare in California jails. Often obscured because of the attention to state prisons, jails were sites of opacity and misinformation, largely because of sheriffs’ refusal to collaborate with data collection efforts—both coordinated by the state and solicited through non-profits.

Building on the data collection effort of the Covid In-Custody Project and on public advocacy efforts of the #StopSanQuentinOutbreak coalition and its off-shoots, we show the chasm between data on …

Menstruation, Menopause, And The Pregnant Workers Fairness Act, Marcy L. Karin, Deborah Widiss

Articles by Maurer Faculty

Some workplaces are extraordinarily inhospitable to menstruators, especially those in low-wage jobs. Workers have been denied restroom breaks and then harassed or fired after menstrual blood leaked onto their clothes or their employer’s property. Employers routinely refuse to provide accommodations for menopause symptoms or time off for menstruation-related medical care. The failure to support menstruators is a significant barrier to ensuring workplace equality. This Article explains how federal laws, including the landmark Pregnant Workers Fairness Act (PWFA), can—and should—be interpreted to help address these inequities. PWFA requires employers to provide “reasonable accommodations” for “pregnancy, childbirth, or related medical conditions.” Menstruation …

Beyond Traditional Education: Graduation Rates At An Alternative High School, Kayla Dawn Marie Crook

Educational Leadership Professional Doctorate Dissertations

The study addressed the problem of practice of improving on-time graduation rates for students in alternative education settings. Traditional educational systems often fail to meet the unique needs of students in alternative education programs, which could lead to increased barriers towards on-time graduation. Based on improvement science principles, this research utilized Plan-Do-Study-Act (PDSA) cycles to systematically test and refine prioritized change ideas to mitigate these barriers with the goal of increasing graduation rates at the focus school. These change ideas included improving social emotional learning through teacher coaching, personalizing attendance calls, and developing individualized student success plans. Through rapid iterative …

Keynote Address: Envisioning Wage Justice, Ruben J. Garcia

Scholarly Works

In this Keynote address for the Minnesota Journal of Law & Inequality’s Symposium, “Not Just Wages,” held at the University of Minnesota Law School on April 11, 2025, I discuss the evolving concept of wage justice, using the lens of Critical Wage Theory and its origins in pioneering theories of race, labor and justice. The Article outlines the legal frameworks that have defined the content of wage justice in the twenty-first century, particularly for marginal workers. This Article raises the alarm about the impact of political change on low-wage workers, using case studies and analysis of administrative agency enforcement of …

"17 Going On 23": Sentencing Young People To Life In Canada, Debra Parkes

All Faculty Publications

This paper analyzes reported Canadian cases from 2008 to 2022 in which young people were sentenced for murder. It shows that, at least in these reported decisions, sentencing young people as adults for murder is not rare. The Crown routinely seeks life sentences for young people and the court orders them in the vast majority of cases in which they are sought. Life sentences for young people have become normalized and expected in murder cases, rather than exceptional. This paper delves into the case law to get a better picture of why and how this is happening.

Old Habits Die Hard: Precedent, Psychology, And The Admissibility Of Forensic Evidence, Sara Gordon

All Faculty Publications

Forensic evidence, long considered a cornerstone of criminal justice, has faced increasing scrutiny as recent studies and reports expose significant flaws in its scientific foundation. Techniques such as latent fingerprint analysis, microscopic hair comparison, and ballistics matching, which had been widely accepted for decades, are now being challenged for their lack of empirical validation. Reports by the National Research Council and the President’s Council of Advisors on Science and Technology have highlighted the deficiencies in these forensic methods, calling into question their reliability and the weight they are given in courtrooms. Yet despite the growing acknowledgement of widespread issues affecting …

True Crime Podcasts As A Scene Of Feminist Reckoning: A Comparative Analysis Of My Favorite Murder And Sistas Who Kill, Rachel C.C. Matteri

Cal Poly Humboldt theses and projects

This research examines the cultural impact and ethical implications of true crime podcasts (TCPs). In recent years, TCPs have become a powerful cultural force, with White women often emerging as the primary storytellers and most visible participants in the genre. Their dominance in this space is not neutral and it carries representational weight. It explores the potential for feminist activity made possible by the auditory, self-publishing genre of podcasting. This work focuses on the buddy-comedy subgenre of TCPs. The concerns of this text are that TCPs are dominated by White feminist values and are not an intersectional feminist project. Textual …

Lineation To Liberation: The Transformative Power Of Poetic Rhetoric, Amber Rae Alvarez

Cal Poly Humboldt theses and projects

This project explores the transformative power of poetic rhetoric and examines how poetry as a form of expressive art serves as a means of reclamation in the aftermath of encounters with the American criminal justice system. I contend that poetry provides a space where folks can reimagine (and reclaim) their identities, asserting their agency in empowering and authentic ways. Taking a Cultural Studies and Critical Prison Studies informed approach, this project engages the concept of lineation to liberation to conduct a close reading analysis of artist (Reginald) Dwayne Betts’ poetry. Betts’ work not only provides a powerful example of how …

The Role Of Adverse Childhood Experiences On Aggression And Substance Use In Young Adulthood, Sadie Goralski

Murray State Theses and Dissertations

Adverse childhood experiences (ACEs) are widespread within the United States. More than half of the population has experienced at least one adverse event during their youth. Such experiences range from parental divorce to sexual assault. Past research has shown that adverse experiences during the formative years play a major role in the development of multiple physical and mental health issues. The current study aimed to explore the interplay among ACEs and two of these covariates: aggression and substance use. Moreover, the proposed study further investigated the development of substance use in emotionally dysregulated individuals with past adverse experiences. In doing …

An Indecent Exposure Of The Rules Of Legal Ethics, Lauren E. Bartlett

All Faculty Scholarship

Thousands of attorneys experience rape and sexual assault by clients, as well as indecent exposure, public masturbation, unwanted touching, verbal threats, and stalking. These incidents are not often publicly reported, but client sexual violence against attorneys is not uncommon. The ethical rules currently fail to account for an attorney who has experienced client sexual violence, whether to allow for termination of representation or to mitigate future harm to other lawyers. While the ethical rules are usually thought of as neutral, this Article critically examines the gender stereotypes and structures of oppression corseting the rules. Relying on a fifty-state survey of …

Sample Ascertainment And Recruitment Sources In The Accelerating Medicines Partnership Schizophrenia Program, Jean Addington, Daniel Mamah, Et Al.

2020-Current year OA Pubs

BACKGROUND: This paper presents the recruitment sources of clinical high-risk (CHR) and community controls (CC) from the Accelerating Medicines Partnership Schizophrenia (AMP SCZ) program, which aims to study various clinical variables and biomarkers in 2040 CHR and 652 CC participants.

METHODS: A total of 1640 CHR and 514 CC had recruitment source data. The Positive Symptoms and Diagnostic Criteria for the Comprehensive Assessment of At-Risk Mental States Harmonized with the SIPS was utilized to assess CHR criteria and severity of attenuated psychotic symptoms (APSs), and the Global Functioning: Social Scale was used for social functioning. Participants were recruited through various …