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Victims’ Rights Revisited, Benjamin Levin

Publications

This Essay responds to Bennett Capers's article, "Against Prosecutors." I offer four critiques of Capers’s proposal to bring back private prosecutions: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual level; and (D) broadly, that these critiques suggest that Capers has traded the pathologies of “public” law for the pathologies of “private” law. Further, I argue that the article reflects a new, left-leaning vision of …

Displacement And Preemption Of Climate Nuisance Claims, Jonathan H. Adler

Faculty Publications

Part I begins with a brief sketch of the common law environmental protection that preceded and matured alongside the development of environmental regulation, including the rise of federal common law actions for interstate pollution. With an eye toward preemption, and its role within our federalist system, Part II sketches the system of state and local environmental regulation that served as the background for the adoption of federal environmental law. While federal environmental laws are quite comprehensive and far-reaching, they operate alongside state and local efforts, often in collaborative fashion, and rarely preempt state regulation or litigation. [...]

Parts III and …

Elementary School Staff Perceptions Of Alice Active Shooter Training, Jennifer Tavine Craig

Graduate Research Theses & Dissertations

This exploratory descriptive research study examined elementary school staff perceptions of ALICE active shooter response training and how participating in the training impacted staff perceptions of their own preparedness and their perceptions of their school’s level of safety. This study also examined elementary staff experiences of ALICE training. Participants answered a pre-survey, engaged in a half-day, scenario-based ALICE training, and then answered a post-survey. Results showed that participating in ALICE training had an overall positive impact on elementary staff perceptions of preparedness, confidence, and empowerment in regards to responding to an active shooter incident at their school. Elementary staff expressed …

A Quantitative Analysis Of Factors Contributing To Adult Education Students’ Transition To Credit Courses, Heather Martin

Graduate Research Theses & Dissertations

Adult education programs serve students with low literacy and numeracy skills. They provide instructional services below the postsecondary level for students who have limited English proficiency and students who are working towards obtaining their high school equivalency. Once adult education students complete their programs, they may choose to transition to college credit courses or enroll in a job training program. This study examined student factors that impact the likelihood of adult education students transitioning to college credit courses. Stepwise regression was used to analyze five years of adult education data from over 3,000 students in an adult education program in …

Merely Mortal: A Quantitative Examination Of The Dehumanization Of First Responders, Kari M. Mika-Lude

Graduate Research Theses & Dissertations

Background: While understaffing and work-related stress are not unusual within first responder professions, the past few years have added additional strain. COVID-19, political and civil unrest, and economic downturn have stretched the first responder workforce thinner than ever, contributing to a reduction in the workforce through death, early retirement, attrition, or decreased vocational effectiveness. Unfortunately, public stereotypes coupled with the tenets of first responder culture have done little to support those who serve. Public perception often involves polarized stereotypes about first responders (e.g., good guys or bad guys, heroes or villains), and first responder culture encourages a machine-like demeanor. The …

Meeting The Mcgirt Moment: The Five Tribes, Sovereignty & Criminal Jurisdiction In Oklahoma’S New Indian Country, Adam Goodrum

American Indian Law Review

No abstract provided.

Toppling Christopher Columbus; Public Statues And Monuments, Ross Sandler

Other Publications

No abstract provided.

An Examination Of Street-Level Drug Enforcement Tactics And Court Outcomes, Nicholas Paul

Electronic Theses and Dissertations, 2020-2023

While there is a substantial body of placed-based evaluations of drug enforcement strategies, little is known about the nature and effectiveness of the routine tactics used by local police to target individual drug offenders. This study used a mixed-method approach to build on existing research on the efficacy of drug enforcement by documenting the nature and consequences of street-level drug enforcement at the local level. First, a focus group of drug enforcement experts was conducted to identify the tactics used to generate arrests and various types of evidence believed to strengthen drug cases. Next, official data in the form of …

Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim

Reports & Public Policy Documents

The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …

The Request Is Not Compatible: Competing Frames Of Public Lands Discourse In The Lolo Peak Ski Resort Controversy, Philip A. Sharp

Graduate Student Theses, Dissertations, & Professional Papers

Sharp, Philip, A., M.A., Spring 2022

Communication Studies

ABSTRACT

The Request Is Not Compatible: Competing Frames of Public Lands Discourse in the Lolo Peak Ski Resort Controversy

Co-Chair (in absentia): Steve Schwarze Co-Chair: Joel Iverson

In mid-2003, the United States Forest Service (USFS) received a pre-application for a Special Use Permit to build and operate an all-season ski resort on public lands near Missoula, Montana. The ensuing public deliberation over the possible use of protected lands for outdoor commercial recreational purposes provides a site of rhetorical inquiry. In this rhetorical criticism I analyze and evaluate arguments presented by the USFS, …

The Imaginary Immigration Clause, Nikolas Bowie, Norah Rast

Michigan Law Review

The political convulsions of the past decade have fueled acute interest in constitutional For the past century, the Supreme Court has skeptically scrutinized Congress’s power to enact healthcare laws and other domestic legislation, insisting that nothing in the Constitution gives Congress a general power to “regulate an individual from cradle to grave.” Yet when Congress regulates immigrants, the Court has contradictorily assumed that Congress has “broad, undoubted power” to do whatever it thinks necessary—even though no clause of the Constitution gives Congress any specific immigration power. The Court has explained this discrepancy with reference to the Chinese Exclusion Case, …

Applying Critical Race Theory And Risk And Resilience Theory To The School-To-Prison Pipeline: Theoretical Frameworks For Social Workers, Christopher Thyberg, Christina Newhill

The Journal of Sociology & Social Welfare

Social workers are essential stakeholders in the mounting efforts to dismantle the school-to-prison pipeline. This article presents a theoretical framework integrating Critical Race Theory and Risk and Resilience Theory as a tool for social workers and other school-based social service providers seeking to create meaningful change to school discipline policies. In this article, we apply the theories to expand the understanding of the school-to-prison pipeline and why it has persisted, compare and contrast each theory’s relative strengths and limitations, and conclude with implications for social workers, counselors, and social service providers at the practice, policy, and research levels.

A Qualitative Exploration Of Justice System Stakeholders’ Perceptions Of Disproportionate Minority Contact And Behavioral Health Access Among System-Involved Youth Of Color, Tiffany D. Baffour, Dawn X. Henderson, Denise Nation, Pedro M. Hernandez

The Journal of Sociology & Social Welfare

Previous research demonstrates that system-involved youth of color experience procedural and structural biases within the U.S. juvenile justice system. These biases and disparities are evident in behavioral health access and treatment. This study examined justice stakeholders’ (social workers, therapists, court counselors, judges, and school resource officers) perceptions of barriers and facilitators to behavioral health treatment among youth of color in the juvenile justice system. This qualitative exploratory study examined data from six focus groups comprising statewide stakeholders (n = 55) from a southeastern state. Results showed that the stigma associated with behavioral health treatment and the incapability of juvenile justice …

Promote Smart Decarceration And Eliminate Racism Grand Challenges For Social Work: Reimagining Marijuana Policy, Charles H. Lea Iii, Gaby Mohr, Susan A. Mccarter, Sarah B. Coughlin, Aaron Gottlieb, Briana S. Partlow, Keshawn S. Matthews, Branden A. Mcleod

The Journal of Sociology & Social Welfare

Marijuana decriminalization and legalization policies are being passed in many state and local jurisdictions throughout the United States (U.S.). In this process, many lawmakers have used the argument that these policies and associated practices will redress racial disparities in the criminal punishment system. Yet, the evidence suggests this is not the case. We, therefore, use Critical Race Theory (CRT) to interrogate how marijuana-related policies and practices perpetuate collateral consequences and racial disparities in mass incarceration and recidivism to uncover the ways in which they challenge efforts to promote smart decarceration and eliminate racism. We argue that in order to effectively …

Journal Of Sociology And Social Welfare Vol. 49, No. 2

The Journal of Sociology & Social Welfare

No abstract provided.

Non-Contractual Relations Between Private Mutual Aid And Government During A Crisis, Roland Zullo, Heather Kiningham

The Journal of Sociology & Social Welfare

We examine United Ways 211 call data to test for a non-contractual relationship between a mutual aid nonprofit network and the distribution of federal stimulus checks during the COVID-19 economic recession. Data trends reveal an increase in requests for cash-equivalent relief at the early stage of the 2020 recession, and that the spike in requests from government sources was more than double, proportionately, than for requests from private mutual aid sources. Regression results indicate that the probability of a request for cash-equivalent relief from a government source, as well as United Ways referrals to government agencies, were elevated by the …

Countering The Criminal Nature Of Immigration Enforcement: A Proposal To Expand Constitutional Safeguards, Madeleine Powers

Seattle Journal for Social Justice

No abstract provided.

The Effects Humidity & Temperature Has On Dna Contamination During Storage, Samantha L. Ramey

Graduate Student Theses, Dissertations, & Professional Papers

Studies have been conducted on DNA cross-contamination throughout the criminal investigation process in order to evaluation the possibility that DNA from one sample could potentially influence the outcome of another. However, no published studies have examined the potential for contamination during the storage of genetic evidence after samples have been taken from crime scenes or suspects. This study is a continuation of a preliminary project, which examined storage drying time in relation to cross-contamination. The current study tested temperature and humidity for the potential of cross-contamination during storage prior to extraction. Prior to storage, 50 μl of male saliva was …

Correctional Officers’ Lived Experiences Of Stress When Working In Solitary Confinement Units In U.S. Prisons, Labianca Q. Champion

Walden Dissertations and Doctoral Studies

This qualitative phenomenological study was conducted to shed light on the lived experiences related to the stressors that a sample of nine correctional officers (COs) encountered while working in solitary confinement (SC) units in U.S. prisons. Cognitive behavioral theory served as the theoretical framework to help to explain different ways that COs can manage their work stressors. These stressors, including lack of a sense of belonging, lack of reward, negative perceptions of policies and procedures while conducting daily duties, lack of independent decision making, and perceived danger, were addressed by the research question. Data were obtained from a semistructured online …

The Need For Belonging For Previously Incarcerated Probationers, Alaina Elam

Walden Dissertations and Doctoral Studies

Research on offender rehabilitation has primarily focused on providing those who are incarcerated with programs and resources to mitigate the circumstances that would lead to recidivism. There is an absence of research on how the need for belonging could reduce recidivism in probationers. Recidivism remains a social problem for many U.S. communities, as those being released are not properly equipped for their transition. The purpose of this qualitative phenomenological study was to explore the lived experiences of probationers regarding their transition into their community, recidivism, and their need for belonging. As individual fulfillment and human motivation were examined, Maslow’s self-actualization …

Mental Health Providers’ Perspectives: The Link Between Childhood Trauma, Juvenile Delinquency And Long-Term Effects, Vanay Lashon Frederick-Ellis

Walden Dissertations and Doctoral Studies

Juvenile delinquency is an ongoing problem in society and is detrimental as many delinquents have mental and behavioral health issues. Delinquency is costly to society, and it was found that many delinquents have a traumatic past or adverse childhood experiences. They include child abuse and neglect, loss, separation/divorce of parents, witnessing domestic violence, parents who struggle with mental health and/or drug and substance abuse, parents who have their own trauma, death of a loved one, natural disaster, or other tragedies that are linked to an increase in the likelihood of juvenile delinquency. In this study, the relationship between juvenile delinquency …

Reporting Sexual Revictimization: The Decision-Making Process For Victims With Prior Reporting Experience, Jessica Paige Frye Holcomb

Walden Dissertations and Doctoral Studies

It is widely known that sexual assault is a pervasive global health issue. Victims of sexual assault face a greater risk of later being sexually revictimized. Despite its prevalence, sexual assault is the most underreported of violent crimes. Existing research has explored rates of formal and informal sexual assault disclosure, barriers, and motivators to report as well as survivor experiences withing the criminal justice process. However, the deciding factors for sexual assault victims in reporting revictimization or how any prior experience making a report may impact their decision to report subsequent assaults have not been studied previously. The purpose of …

Law Enforcement Officers' Experience Of Crisis Intervention Team (Cit) Training, Jessica Yolanda Goings

Walden Dissertations and Doctoral Studies

AbstractThe decline in mental health services has led to an increased role of law enforcement officers (LEOs), who are often the first to respond to mental health crisis incidents. Despite the specialized training that officers receive, there continues to be a public consensus that LEOs lack proficiency when handling a mental ill individual and have a deficiency in communication skills. The purpose of the research was to explore the experience of Crisis Intervention Team (CIT) training for LEOs and then describe how their experience ensued once deployed to the field to handle mental health encounters. Evaluations of CIT training have …

A Female Perspective On Overcoming Barriers To Become A City Manager In Californian Municipalities, Jessica M. Gordon

Walden Dissertations and Doctoral Studies

There are significant implications related to understanding perceived barriers experienced by women in local government. The purpose of this study was to identify career barriers of women executives in municipal administrations based on their own experiences. Approached using the situational leadership theory and role congruity theory and the narrative research design along with thematic analysis, this study was comprised of one-on-one interviews with nine female city managers currently working in Californian municipal administrations. Five themes (early influences, home life, work life, leadership experiences and development of others) were not only present within each of the participants’ experiences, but also represent …

Abstract Immigration Policies Of The Obama And Trump Administrations Focused On Alien Arrests, Levino Lorenzo Johnson

Walden Dissertations and Doctoral Studies

AbstractImmigration policy has been a growing concern for the United States, but it was unknown what differences had been experienced between President Trump and President Obama’s implemented immigration policies. Therefore, the purpose of this quantitative descriptive study was to determine if any statistically significant differences existed between the number of “criminal aliens” arrested for removal versus non-criminal aliens arrested with victimless crimes during the Obama and Trump administration. This cross-sectional study was guided by punctuated equilibrium theory and data were gathered by available public, archival data. The total number of documented/undocumented non-criminal alien arrests during the Obama Administration from January …

Educating Nursing Staff Regarding African Immigrants And Mental Health Stigma, Kelly Ngenge

Walden Dissertations and Doctoral Studies

AbstractMental health stigma exists across multiple minority populations, especially among African immigrants in the United States. The purpose of this project was to increase staff knowledge at an outpatient mental health clinic by educating them on mental health stigma among African immigrants in the United States. The practice-focused question guiding this study was: Does nursing staff education on mental health stigmas among African immigrants increase knowledge? Two theories served as the theoretical framework for this doctoral project: social stigma theory and modified labeling theory. Seventeen staff members voluntarily participated in a 60-minute nursing staff education project based on the analysis, …

Reducing Racial Disparity Of Youths Referred To The Juvenile Center, Kimberly Paige

Walden Dissertations and Doctoral Studies

In 2018, The Juvenile Center in St. Louis, Missouri acknowledged that they needed to decrease the racial disparity in the numbers and percentages of Black youths who were overrepresented compared to White youths at the front-end intake step of the facility. The purpose of this qualitative study was to gain insight as to whether there were alternative actions for police officers after they arrested the youths but before they referred them to the front-end intake step of The Juvenile Center. The main method of collecting data was an ethnographic interview in the form of a questionnaire to gather the community …

Relationship Between Nursing Staffing Hours (Rns & Lpns) And Covid-19 Mortality In Indiana Nursing Homes, Chirag Chandrakant Patel

Walden Dissertations and Doctoral Studies

During the COVID-19 pandemic, many nursing homes struggled to meet the needed staffing levels, compromising service delivery in health institutions across the United States. The disproportionate effect of COVID-19 on various health care institutions and staff-patient ratios rejuvenated discussions on the longstanding workforce challenges on quality care and outcomes. The purpose of this quantitative study was to evaluate the relationship between registered nurse (RN) staffing hours and COVID-19 deaths in Indiana private and public nursing home residents based on the data obtained in the Care Compare database and Indiana Department of health COVID-19 portals. The independent study variables were RN …

Correctional Education And Response To Prison Reentry Of African American Men, Robert Reddick

Walden Dissertations and Doctoral Studies

There is limited knowledge of how correctional education programs prepare rural African American men for reentry into society after incarceration. The purpose of this study was to learn how young, rural African American men between the ages of 20 to 30 years perceived their experiences of technical correctional education programs and how such programs aided in reducing recidivism during their reentry process from incarceration. This qualitative study was guided by the institutional theory which purported that correctional education should be based on the population served and not on mirroring other institutions. Using a qualitative phenomenological design, data were collected from …

Fire Safety Education And Increasing Functioning Smoke Detectors In Residential Apartments, Enrique Fernandez Robinson

Walden Dissertations and Doctoral Studies

The lack of functioning smoke detectors poses significant life safety risks to people in low-income residential communities. In 2019, a fire incident occurred in an urban Maryland community due to the lack of a functioning smoke detector. Although no deaths or injuries resulted, there was significant property damage and resident displacement. The purpose of this study was to assist a local fire department in an urban area of the state of Maryland with developing and implementing a fire safety community outreach program designed to reduce the percentage of residential homes in a low-income community without functioning smoke detectors. A qualitative …