Digital Commons Network^™

“Black Students Matter”: A Phenomenological Study Of Black Student Experiences At A Predominately White Institution In Appalachia During The Dual Pandemic Of Covid-19 And Systemic Anti-Black Racism, Toni Owens

Graduate Theses, Dissertations, and Problem Reports (ETD)

As the spread of COVID-19 escalated into a global pandemic in 2020, simultaneously, the nationwide media in the United States (U.S.) highlighted coverage of the country’s ongoing incidents of longstanding systemic anti-Black racism in America, another pandemic. In the Summer of 2020, a collective of Black students at West Virginia University (WVU) signed and publicly submitted a petition to the university’s leadership with a list of demands to address their needs as they were further exacerbated by the dual pandemic. This study is guided by the question, “What are the lived experiences of Black Students at West Virginia University during …

Welfare Litigation, State Courts, And Social Citizenship, Andrew Hammond

Articles by Maurer Faculty

For half a century, federal courts have stood at the center of welfare rights enforcement. That era is ending. The One Big Beautiful Bill Act’s historic cuts to Medicaid and SNAP will generate an avalanche of benefit terminations, work requirement sanctions, and overpayment actions from state agencies. And with a federal judiciary increasingly hostile to the private enforcement of public law, state courts will become not just a concurrent forum for welfare litigation, but an increasingly important one. Understanding how state courts have handled welfare litigation over the past three decades, then, is essential to anticipating what comes next. This …

Access To Justice In Indian Country: Empowering Pro Se Criminal Defendants Through Holistic Defense And Resource Creation, Ilse Turner, Johanna Farmer

South Dakota Law Review

The question of the right to counsel for indigent criminal defendants has consumed various courts and academic journals for decades. Part of this question has revolved around the rights of indigent defendants being prosecuted in tribal courts. There has been scholarly attention devoted to the study of the rights of indigent defendants in tribal courts and the impacts of case law and congressional acts on these rights. This Article seeks to expand the scholarly works around indigent defendants in tribal courts and provide tangible solutions tribes can begin to execute without an act of Congress. This Article will discuss the …

Increasing Access To Justice Through The Use Of Indigenous Restorative Justice And Trauma Informed Practices, Carrie E. Garrow, Danielle J. Mayberry, Micaelee Horn

South Dakota Law Review

Tribal judiciaries are paramount to tribal sovereignty and accessed by court users for many purposes. Access to justice ensures that everyone should be able to understand and assert their rights in a fair tribal justice system. This can be a challenge for rural areas, but even more so in Indian Country due to the complex web of factors such as legal and jurisdictional complexities, the colonization of Indian Nations by federal and state governments, and resource restraints. Due to these barriers and as an effort to serve their communities, tribal justice systems develop mechanisms that are solution based and at …

Pretrial Justice In Indian Country And Bordertowns-Including Rural Tribal Communities In The Bail Reform Conversation, Jordan Gross

South Dakota Law Review

Pretrial detention rates in the United States are down, except in rural counties. Indigenous people are both over-represented and under-protected in settler-colonial criminal justice systems. Yet the criminal justice needs and experiences of rural and Indigenous people are largely overlooked in criminal justice reform research and discourse. I examined the role of rurality in bail administration in Pretrial Justice in Out-of-the-Way Places – Including Rural Communities in the Bail Reform Conversation. There I explained how bail reform measures centered on urban and suburban needs and demographics fail to address pretrial justice challenges and opportunities unique to rural communities. This Article …

South Dakota Farmers Union Records, Sdsu Archives And Special Collections, Hilton M. Briggs Library

Archives Finding Aids

The South Dakota Farmers Union traces its origins to the national Farmers Educational and Cooperative Union, founded in Texas in 1902 and introduced to South Dakota around 1914 by former Nebraska members. The organization was formally established as a state unit at its first convention in Mitchell on March 16, 1917, with 268 delegates representing 14 counties and more than 130 local chapters. Education, cooperative enterprise, and legislative advocacy quickly became central to its mission, including early collective purchasing efforts that supported family farmers.

The South Dakota Farmers Union Records document the organization’s activities from the early twentieth century through …

Freedom Of Tribal Association, Andrea Nishi

South Dakota Law Review

In Morton v. Mancari, the Supreme Court upheld a statute granting hiring preference to Indian candidates on the grounds that it did so not on the basis of race but on the basis of affiliation with a tribe as a political entity. As the Court recognized, if such a law were struck down on equal protection grounds, the basis for all federal policy protecting Indian interests would be undermined. In Mancari, this reasoning was used to uphold a law that benefitted Indian candidates pursuant to the federal government’s recognized trust responsibility to Indian tribes. The logic of Mancari has since …

Artificial Intelligence, Tribal Sovereignty, And The Criminal Justice System, Kevin Angelo Brown

South Dakota Law Review

As artificial intelligence (“AI”) has become increasingly integrated into everyday life in Indian Country and into governmental functions, including policing, courts, and corrections, it is creating new circumstances that can undermine tribal sovereignty. The 575 federally recognized Tribal Nations are under significant pressure to maintain their sovereignty while adapting to new AI-based technologies. With the implementation of AI, tribes should retain control over how it is used to benefit their communities, without compromising their legal rights or well-being, particularly in light of past harms caused by inadequate legal protections that allowed technological developments to damage tribal health, environments, economies, and …

Osgoode Syllabus Of Courses And Seminars: 2026 - 2027, Office Of Student Services

Syllabi

No abstract provided.

South Dakota Social Science Association Records, Sdsu Archives And Special Collections, Hilton M. Briggs Library

Archives Finding Aids

The South Dakota Social Science Association Records document the activities of a professional organization composed of sociologists and students from colleges and universities across South Dakota. Active from the late 1930s through the 1970s, the association sponsored annual meetings, paper competitions, award ceremonies, and the publication of an academic journal. These meetings provided a forum for presenting research, exchanging ideas, and fostering collaboration among social science scholars across the state. The association became inactive in the 1980s.

The collection primarily documents the planning and proceedings of the association’s annual meetings. Materials include correspondence, newspaper clippings, programs, meeting minutes, treasurer’s reports, …

The Impact Of Pre-Trial Attitudes And Educational Jury Instructions : Juror Decision-Making In Mens Rea Cases Involving Mental Illness, Victoria E. O'Connell

Theses

Juror decision-making in cases involving mental illness is shaped by legal understanding and subjective attitudes. This study examined how juror attitudes and jury instruction type influence the application of mens rea defenses—Not Guilty by Reason of Insanity (NGRI), Diminished Capacity (DC), and Guilty but Mentally Ill (GBMI)—in criminal case vignettes involving defendants with mental health presentations. Enhanced jury instructions improved understanding of mens rea concepts but did not improve the application of these concepts to verdict decisions. Biases against mens rea defenses were associated with DC verdict decisions, with more negative NGRI attitudes predicting less legally accurate but more confident …

Association Between Internet Use For Health Information And Alzheimer’S Disease Diagnosis Among Older Adults With Diabetes In The United States: Examining Racial And Gender Disparities, Henry M. Zeidan

College of Graduate Studies: Theses & Dissertations

This study uses data from the National Health and Aging Trends Study (NHATS) Round 13, collected in 2024, to examine whether internet use for health information is associated with Alzheimer’s disease diagnosis among older adults with diabetes in the United States. Given the rising adoption of digital health, understanding who benefits from online health resources is increasingly important. The research also examines whether these associations differ across racial and gender groups, offering insight into potential disparities in digital health engagement and cognitive outcomes. Findings from this study will inform clinical practice, public health programming, and strategies to ensure equitable access …

The Effect Of Complexity Of Expert Testimony And The Presence Of A Defensive Rebuttal On Jurors' Decisions In Criminal Trials, Shelby E. Madden

College of Graduate Studies: Theses & Dissertations

Forensic science plays a critical role in criminal trials, yet forensic techniques vary in their reliability. Expert testimony, often held in high regard by jurors, can be a decisive factor in verdicts, but its influence is complicated by factors such as technical complexity, adversarial bias, and heuristic processing. The present study examined how the complexity of prosecution expert testimony and the presence of a defensive rebuttal influenced jurors’ decisions when presented with faulty forensic evidence. Participants (N = 142) were randomly assigned to one of four conditions in a 2 (testimony complexity: high v. low) x 2 (defensive rebuttal …

Educating Black Males In Black Lives Matter Movement Space, Kimberly L. Hollis

College of Graduate Studies: Theses & Dissertations

This inquiry has been inspired by the stories of Black boys’ educational experience within the public school system in the South. Theoretically drawing upon anti-Black racism (Alexander, 2010; Collins, 2000; Davis, 2003; Du Bois, 1903; Watkins, 2001; Woodson, 1993; Wynter, 2003) and  Black Intellectual Traditions (Bell, 1992: Crenshaw, 1988; Delgado, R., & Stefancic, J., 2001; Ladson-Billings, 2003; Linscott, 2017; Yosso, 2006), I expound on the concept of systemic racism in the United States as well as the challenges that hinder Black males from achieving academic excellence and thrusts them further to the margins. Methodologically, I employ counter-storytelling (e.g., Delgado, 2017; …

Fear Across The Map: A Cross-Municipal Analysis Of Fear Of Crime In Canada, Muhammad Ali

Theses and Dissertations (Comprehensive)

This study examines the predictors of fear of crime (FOC) across three Canadian municipalities: Hamilton, Ontario; Brantford, Ontario; and North Battleford, Saskatchewan. Data from 1,956 survey responses were analyzed to understand how certain factors shape FOC across different municipal contexts in Canada. This study uses descriptive statistics, reliability analyses, correlation matrices, and Ordinary Least Squares regression models to examine whether FOC, and the predictors of FOC, operate consistently across municipalities. The findings indicate that the predictors of FOC are relatively reliable across municipal contexts. However, the influence of the predictors of FOC can vary across municipalities. Importantly, the level of …

The Innocence Trap, Caitlin Glass, Julian Green

Faculty Scholarship

What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released and for the purpose of systemic change. At the same time, a focus on exonerations constructs a relatively narrow conception of wrongful convictions -- one that is synonymous with factual innocence.

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Faculty Scholarship

Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation brings into conversation the scholarly insights of constitutional theory, history, and the growing field of “the politics of memory,” especially the concept of the “memory entrepreneur.”

Balkin appropriately connects the memory wars in American constitutional law back to Eastern

European memory wars during the World Wars and their aftermath. Prompted by Balkin, we turn to Jan Kubik and Michael Bernhard edited volume Twenty Years After Communism (2014), which has become even more widely influential after Putin’s invasion of Ukraine and a new round of Eastern European memory wars. …

The Impact Of True Crime Podcasts On Cold Case Investigations And Victims' Advocacy, Kyle Gamache, Karlie Rice, Ashley Allen, Willem Pontbriand

Arts & Sciences Faculty Publications

True crime has long captivated public interest, evolving from sensationalized accounts in the Middle Ages to the widespread popularity of modern podcasts. This qualitative study explores the ethical complexities of true crime media by examining how it intersects with criminal investigations, public perception, and victim advocacy. Through in-depth interviews with law enforcement officers, victim advocates, and true crime content creators, the study investigates differing attitudes toward the role of podcasts in active and cold cases. Using Colaizzi’s (1978) phenomenological method, data were analyzed to uncover shared and divergent themes across professional roles. Law enforcement participants voiced concerns over web- sleuthing …

Dropouts And Refusers: Clinicians’ Insights And Initiatives Into Reducing Treatment Attrition Amongst Young People Who Sexually Offend, James L. Finney, Natalie Gately, Suzanne Rock, Jocelyn Jones

Research outputs 2022 to 2026

Sexual offending by young people causes significant harm to victims, families and communities. Treatment engagement and completion are therefore important for reducing future harm; however, young people who drop out of, or refuse to engage in, treatment present a unique challenge for clinicians and justice systems. Drawing on Bronfenbrenner’s (1979) ecological systems theory, this study explored clinicians’ perspectives on the barriers to treatment engagement and completion for young people who have sexually offended in the Australian context. Semi-structured interviews were conducted with clinicians who provided or facilitated treatment for young people who had sexually offended (N = 22). Two major …

Psychological Needs And Wellbeing In Community Music Education For Young People Experiencing Challenging Life Circumstances, Jason Goopy, Stephanie Macarthur

Research outputs 2022 to 2026

Improving the wellbeing of young people is an international priority. Community music education programs (CMEPs) are increasingly recognized as an empowering environment for participants to learn healthy life strategies in addition to music. This qualitative case study used the theoretical lens of Self-Determination Theory (SDT) to investigate how a CMEP in regional Australia satisfied the psychological needs and enhanced the wellbeing of adolescents and young adults experiencing challenging life circumstances. The CMEP offered free afternoon programs where learning music, particularly songwriting, was used as a transformative resource to engage youth in formal life education. Entry to the program was available …

Commission Pathways For Sexual Offences Against Children: A Novel Methodological Approach Exposing Distinct Pathways As A Function Of Offending History, Kelly Jackson, Raphaële Arlettaz, Alfred Allan, Joseph Clare, Frank Morgan, Hilde Tubex

Research outputs 2022 to 2026

Purpose: Using neural network analysis, we examined how specific dispositional and situational factors influence pathways for the commission of sexual offending against children. Use of non-linear multifactorial models is still developing in psychological and criminological research, making this a unique contribution to these fields.

Method: We used prior offence status as the outcome variable in a multi-stage analytical strategy that included chi-squared analysis, sequential binary regression and neural network modelling. Subjects came from a database containing pre-collected psychological and criminological information on Western Australian men who had sexually offended. An initial sample of offenders convicted of sexual offences against children …

Restorative Restitution, Lula A. Hagos

American University Law Review

How to best meet the needs of crime victims while also furthering the imperative of decarceration has long vexed advocates and scholars alike. This dilemma comes into sharp focus when one examines two developments in criminal procedure that, until now, have been analyzed separately: victim restitution and restorative justice.

Criminal restitution, the monetary payments ordered from defendants to victims, often fails both groups. Because most defendants are indigent, restitution obligations lengthen defendants’ involvement with the criminal legal system without delivering meaningful compensation to victims, making restitution more symbolic than restorative. At the same time, interest in restorative justice has surged …

Horrible, Fantastic, Traumatic: Victim-Survivors’ Experiences Of Police Interviews In Sexual Offence Cases And Suggestions Moving Forward, Gemma Hamilton, Giselle Woodley

Research outputs 2022 to 2026

This study explored adult victim-survivors’ experiences of reporting sexual violence to police in Australia, focusing on their suggestions for supporting future victim-survivors. By drawing on feminist standpoint theory, qualitative interviews with 26 victim-survivors indicated a range of experiences, yet strikingly similar concerns and suggestions for improvement. Using reflexive thematic analysis, key themes included the importance of interview room settings; the interviewer's interpersonal care; the presence of support people; and further investigative support when victims felt like investigators. The study offers both short-term and longer-term suggestions for supporting victim-survivors in sexual offence investigations, with a focus on minimising secondary victimisation.

Young People Healing And Growing In Trauma-Informed Positive Music Education, Jason Goopy

Research outputs 2022 to 2026

Trauma-informed positive education (TIPE) is a recent approach that combines trauma-informed practices and strengths-based positive psychology. This study investigated how young people use music to heal and grow in a community music education programme informed by TIPE. A narrative inquiry was conducted at an Australian community music organisation supported by a global record label to offer a specialised programme developing music and life skills for youth experiencing adversity, such as mental illness, homelessness, abuse, and discrimination. Data were generated by participation and observation in programme sessions, and individual narrative share and tell interviews were conducted with three programme participants. Stories, …

The Interaction Between Academic Self-Efficacy And Social Support: Exploring Moderation Effects On Academic Performance And Emotional Well-Being During The Transition To Secondary School, Luis Josué Ortiz Martes

Theses and Dissertations

The transition to secondary school can intensify academic demands and emotional strain, making it a critical context for examining students’ psychological and social resources. This applied dissertation examined whether perceived social support (SS) moderates the association among academic self-efficacy (ASE), academic performance (AP) and emotional well-being (EWB) among seventh-grade students at a private, multilingual school in Puerto Rico. Using a time-lagged, nonexperimental correlational design, 14 students completed the academic subscale of the Self-Efficacy Questionnaire for Children (SEQ-C) and the Social Support Appraisals Scale (SS-A) at the start of the academic year; EWB was assessed at midyear with the Negative and …

Integración De Dispositivos Móviles En El Proceso De Enseñanza En Educación Superior En Puerto Rico, Ayeisha Caraballo Caraballo

Theses and Dissertations

El propósito de este estudio fue examinar el tipo de relación que podría existir entre las diferentes formas y usos de dispositivos móviles como innovación educativa, el conocimiento tecnológico-pedagógico y la percepción de docentes universitarios sobre la integración de estos dispositivos en el proceso de enseñanza en educación superior en el sur de Puerto Rico.

El estudio fue de tipo cuantitativo con un diseño descriptivo-correlacional. La muestra fue no probabilística y estuvo compuesta por docentes de distintas facultades de la institución en la cual se llevó a cabo esta investigación. Se administraron instrumentos de autoforme dirigidos a medir el nivel …

Experiencia Del Consejero Profesional Estableciendo Una Alianza Terapéutica En Entornos Virtuales, Rosa E. Conde Paz

Theses and Dissertations

Esta disertación explora a profundidad la experiencia subjetiva de un grupo de consejeros profesionales en el proceso de establecimiento de la alianza terapéutica en entornos virtuales. El estudio parte del interés de ampliar la comprensión de este fenómeno desde la perspectiva de las personas que lo han vivido, ante un mundo donde predominan otros enfoques. El objetivo principal consiste en generar conocimientos que contribuyan al campo de la salud mental, especialmente exponiendo el significado que los participantes atribuyen a sus experiencias.

Para esta investigación se adoptó un enfoque cualitativo mediante el Análisis Fenomenológico Interpretativo (IPA), una metodología que facilita examinar …

Elementary Teachers’ Perceptions Of Differentiating Tier 1 Reading Instruction Within A Multi-Tiered System Of Support Framework, Ivonne Ciresi

Theses and Dissertations

This generic qualitative dissertation explored elementary teachers’ perceptions and experiences of implementing Tier 1 differentiated reading instruction within a Multi- Tiered System of Support (MTSS) framework. Establishing effective systems and supports for comprehensive reading instruction in the Tier 1 classroom is a critical component of MTSS. Given the range of structures required, including instructional routines, resources, and ongoing professional development, it is important to understand how teachers navigate the challenges of differentiating reading instruction. The purpose of this study was to examine how teachers implement differentiation during core reading instruction, the challenges they encounter, and the role of professional learning …

Perceptions And Experiences Of Teachers Regarding How Their Students’ Attendance Rate Impacts Their Academic Achievement, John Logan Jr.

Theses and Dissertations

Chronic absenteeism has emerged as a critical educational concern nationwide, particularly following the COVID-19 pandemic. National data indicate that chronic absence rates increased from 15% in 2019 to 28% in 2022, and in the targeted rural South Carolina district, 25% of students were chronically absent in 2022–2023, rising to 28% in 2023–2024. Persistent absenteeism is associated with lower academic performance, widened achievement gaps, and diminished long-term educational and workforce outcomes, especially among socioeconomically disadvantaged and minority students.

The purpose of this qualitative phenomenological study was to examine teachers’ perceptions and experiences regarding how students’ attendance rates influence academic achievement in …

The Influence Of Metacognition On College Readiness And Persistence, Michael L. Fitzgerald

Theses and Dissertations

This applied dissertation examined the influence that metacognition has on college readiness and its most traditionally used metrics: performance-based outcomes and persistence. Specifically, this study addressed to what degree underlying metacognitive structures differ between college students’ successful metrics of performance and persistence compared to a more general sample of college students.

The research characterized metacognition along three domains of analysis: (a) selfefficacy/ motivation, (b) soft skills/psychological capital (Psycap), and (c) expected value of control (EVC). The quantitative study included 54 college students and a crosssectional design. Participants completed a four-part Likert-style survey, where their responses were measured along the three …